m-121013CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 10, 2013
A regular meeting of the Santa Monica City Council was called to order by Councilmember McKeown at 5:30
p.m., on Tuesday, December 10, 2013, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor (arrived at 7:37 p.m.)
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Tony Vazquez
Councilmember Ted Winterer (arrived at 5:34 p.m.)
Absent: Mayor Pro Tern Terry O'Day
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Sarah P. Gorman
CONVENE/PLEDGE The Council appointed Councilmember McKeown as Acting Chair. On
order of the Acting Chair, the City Council convened at 5:31 p.m., with
Mayor O'Connor, Mayor Pro Tern O'Day, and Councilmember Winterer
absent. City Manager Rod Gould led the assemblage in the Pledge of
Allegiance.
CLOSED SESSIONS Member of the public Stanley Epstein commented on closed sessions.
Councilmember Winterer On order of the Acting Chair, the City Council recessed at 5:34 p.m., to
arrived at 5:34 p.m. consider closed sessions and returned at 6:37 p.m., with Mayor O'Connor
and Mayor Pro Tern O'Day absent, to report the following:
I -A: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): McKnight v. City of Santa Monica, Los Angeles
Superior Court Case Number BC 450336
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -13: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
December 10, 2013
Section 54956.9(d)(1): Lexion v. City. of Santa Monica, Los Angeles
Superior Court Case Number BC 463353
The City Attorney advised this matter was heard and no reportable action
was taken.
I -C: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Piturro v. City of Santa Monica, Los Angeles
Superior Court Case Number SC 116 489
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -D: 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. United States of
America, Federal Aviation Administration and Michael P. Huerta, in
his Official Capacity as Administrator of the FAA, United States
District Court Case Number 2:31 -CV 8046 JFW (VBKx)
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -E: Conference with Legal Counsel — Anticipated Litigation —
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2): 1 case
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -F: Conference with Legal Counsel — Potential Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9 (d)(4): 1040 Fourth Street, #108
The City Attorney advised this relates to a dispute in the Dorchester, and
recommended Settlement No. 9842 (CCS) between the City and Ms.
Wilson wherein if Ms. Wilson were to rent her unit, the unit would be
restricted and could only be rented as an affordable unit.
Motion by Councilmember Davis, seconded by Councilmember Vazquez,
to approve settlement. The motion was approved by the following vote:
AYES: Councilmembers Winterer, Holbrook, Davis, Vazquez,
Acting Chair McKeown
NOES: None
2 December 10, 2013
ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
No members of the public commented on the Consent Calendar.
Motion by Councilmember Winterer, seconded by Councilmember
Holbrook, to approve the Consent Calendar. The motion was approved by
the following vote:
AYES: Councilmembers Winterer, Holbrook, Davis, Vazquez,
Acting Chair McKeown
NOES: None
ABSENT: Mayor O'Connor, Mayor Pro Tem O'Day
MINUTES 3 -A: The minutes of October 22, 2013, City Council meeting, were
approved.
CHILD CARE LINKAGE 3 -13: Annual Report on the City's Child Care Linkage Program —
PROGRAM recommendation that the City Council receive the Child Care Linkage
Program Annual Report for Fiscal Year 2012 -13, was approved.
PICO BRANCH LIBRARY 3 -C: Professional Services Agreement Modification for Design
Services for Pico Branch Library — recommendation to authorize the City
Manager to negotiate and execute a seventh modification to Professional
Services Agreement No. 9180 (CCS) in the amount of $28,215 with
Koning Eizenberg Architects (KEA), to provide additional construction
administration and design services to complete the Pico Branch Library
Project, resulting in a new agreement in the amount of $996,153, was
approved.
REFUSE BIN REPAIR 3 -D: Bid Award for Refuse Bin Repair — recommendation to award
Bid 44104 for refuse bin repair (welding and fabrication services) to
Weldworx, Inc., in an amount not to exceed $60,000 for FY 2013 -14, with
two one -year options to renew at the same price, terms, and conditions, for
a total award amount not to exceed $180,000 over a three -year period, was
approved.
FLEET WASHING 3 -E: Bid Award for Fleet Washing Services — recommendation to
SERVICES award Bid #4102 for fleet washing services for refuse and recycling
collection and street sweeping vehicles to Qualified Mobile, Inc., in an
amount not to exceed $56,000 for FY 2013 -14, with two one -year options
to renew at the same price, terms, and conditions, for a total award amount
not to exceed $176,000 over a three -year period, was approved.
3 December 10, 2013
HAZARDOUS 3 -F: Purchase Order and Bid Award Increases for Asbestos and
MATERIALS Hazardous Materials Abatement Contractor Services —
ABATEMENT recommendation to: 1) approve a change order to purchase order 21994 -OF
CONTRACTOR in the amount of $100,000 with Castlerock Environmental, for asbestos and
SERVICES hazardous materials abatement at various City facilities for the remainder
of FY 2013 -14. This would result in a revised purchase order total not to
exceed $150,000 through June 30, 2014; and, 2) approve an increase in the
amount of $100,000 to the bid award to Castlerock Environmental for
asbestos and hazardous materials abatement from July 1, 2014 through
January 8, 2016 for a new three -year amended agreement total not to
exceed $350,000, was approved.
CNG TRUCK- MOUNTED 3 -G: Reject Bid for the Purchase of One CNG Truck- Mounted
LOADER Loader — recommendation to reject all bids received on October 7, 2013
for the purchase and delivery of one new compressed natural gas (CNG)
truck - mounted loader; and, direct staff to reissue a bid in order to obtain the
best bidder for the purchase and delivery of one new CNG truck- mounted
loader, was approved.
UTILITY TRUCK 3 -II: Purchase of One Air/Light/ Rescue Utility Truck —
recommendation to authorize the City Manager to negotiate and execute
Contract No. 9843 (CCS) with Emergency Vehicle Group, Inc. a California
based company, in an amount not to exceed $720,000 for the purchase of a
Rescue Utility truck, was approved.
ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2450 (CCS)
FINANCE DIRECTOR entitled, " A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUTHORITY SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL
CODE SECTION 2.12.260 GRANTING LIMITED AUTHORITY TO
THE FINANCE DIRECTOR TO WAIVE DEBTS AND TAXES WHEN
DEEMED UNCOLLECTABLE AND MAKE AVAILABLE AS A
MATTER OF PUBLIC RECORD A LIST OF THE LARGEST TAX AND
LICENSE DELINQUENCIES ", was presented.
Motion by Councilmember Davis, seconded by Acting Chair McKeown, to
adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
Acting Chair McKeown
NOES: None
ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day
STREET PERFORMANCE 7 -B: Second reading and adoption of Ordinance 2451 (CCS) entitled,
PERMITS "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
4 December 10, 2013
CHAPTER 6.112 CLARIFYING STREET PERFORMANCE PERMIT
REGULATIONS AND RULES GOVERNING THE STREET
PERFORMANCE LOTTERY SYSTEM FOR THE PIER ", was presented.
Motion by Councilmember Davis, seconded by Councilmember Holbrook,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councihnembers Winterer, Holbrook, Davis, Vazquez,
Acting Chair McKeown
NOES: None
ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day
TENANT 7 -C: Introduction and first reading of an Ordinance prohibiting
PARTICIPATION agreements that limit tenant participation in the public process, was
presented.
Member of the public Zoe Muntaner 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, adding "and" after "rental housing"
and before "any rental housing agreement" to Section 4.36.085 of the
ordinance, and adding "and /or" before "employees of any subject to
Section 4.36.085(a). The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
Acting Chair McKeown
NOES: None
ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day
STAFF 8 -A: Adoption of the 2013 -2021 Housing Element of the City's
ADMINISTRATIVE General Plan and a Negative Declaration in Compliance with the
ITEMS: California Environmental Quality Act (CEQA) — recommendation to
HOUSING ELEMENT adopt Resolution No. 10789 (CCS) entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING
THE NEGATIVE DECLARATION FOR THE 2013 -2021 HOUSING
ELEMENT ", and Resolution No. 10790 (CCS) entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING AN AMENDMENT OF THE GENERAL PLAN
TO ADOPT THE 2013 -2021 HOUSING ELEMENT ", was presented.
Members of the public Denise Barton, Nancy Morse, Zina Josephs,
Catherine Eldridge, and Zoe Muntaner spoke generally in opposition to the
recommended action.
5 December 10, 2013
4TH /5TH AND ARIZONA
Mayor O'Connor arrived at
7:34 p.m. and commenced
Chairing the meeting.
Considerable discussion ensued on topics including, but not limited to, the
nature of the report and senior housing.
Motion by Councilmember Davis, seconded by Councilmember Vazquez,
to adopt Resolution No. 10789 (CCS), reading resolution by title only and
waiving further reading thereof, the Initial Study/Negative Declaration,
prepared in compliance with the California Environmental Quality Act
(CEQA), which concludes that the project will not result in any significant
impact on the environment. The motion was approved by the following
vote:
AYES: Councilmembers Winterer, Holbrook, Davis, Vazquez,
Acting Chair McKeown
NOES: None
ABSENT: Mayor O'Connor, Mayor Pro Tem O'Day
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to adopt Resolution No. 10790 (CCS), reading resolution by title only and
waiving further reading thereof, the 2013 -2021 Housing Element as part of
the City's General Plan. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
Acting Chair McKeown
NOES: None
ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day
8 -B: 4n'/5t1i and Arizona Exclusive Negotiating Agreement —
recommendation that the City Council: 1) authorize the City Manager to
negotiate and execute Exclusive Negotiating Agreement (ENA) No. 9844
(CCS) with the team led by Metropolitan Pacific Capital, Clarett West, and
DLJ West Capital ( "Metro Pacific team ") to develop the City -owned
property between 0' and 51' Streets, south of Arizona Avenue, was
presented.
Members of the public Francis Englier, Ken Robin, Jerry Rubin, Ken
Robin, Gabriella Roscoe, Edith Garcia, Barbara Bryan, Kathleen Rawson,
Julee Brooks, Bruria Finkel, John Warfel, Yossi G., Rodney Freeman, and
Jeff Jarow spoke generally in favor of the recommended action.
Members of the public Denise Barton, Bill Witte, Laura Wilson, Zina
Josephs, and Christel Andersen spoke generally in opposition to the
recommended action.
Considerable discussion ensued on topics including, but not limited to the
timeline for the exclusive negotiation agreement, the parameters of the
December 10, 2013
COUNCILMEMBER
DISCUSSION ITEMS:
CLEAN BEACHES &
OCEAN PARCEL TAX
CITIZENS OVERSIGHT
COMMITTEE
agreement, project height, shared public parking, time limits for the
negotiating agreement, open space design, working with Community
Corps, and affordable housing.
Motion by Councilmember Winterer, seconded by Councilmember
Vazquez, to approve the staff recommendation with a design study of what
an 84 foot maximum height building looks like and direct staff to enter into
a maximum negotiating period of one year with a possible three month
extension at the behest of the City Manager, with regular, at a minimum,
six month updates to Council via information item.
Motion to amend by Councilmember McKeown, to add direction to
developer to seek an operator early and bring the operator into the
community dialogue. The motion was accepted as friendly by the maker
and seconder.
The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem O'Day
13 -A: Annual Appointment to two positions on the Clean Beaches &
Ocean Parcel Tax Citizens Oversight Committee for terms ending on
December 31, 2015, was presented.
There were no members of the public present for public comment.
On order of the Mayor, the floor was opened for nominations.
Councilmember Winterer, nominated David Fetterman and Tom Ford. The
nomination was seconded by Councilmember McKeown.
David Fetterman was appointed by acclamation with a unanimous voice
vote in his favor, with Mayor Pro Tern O'Day absent.
Tom Ford was appointed by acclamation with a unanimous voice vote in
his favor, with Mayor Pro Tern O'Day absent.
L.A. COUNTY VECTOR 13 -B: Annual Appointment to one position on the L.A. County Vector
CONTROL DISTRICT Control District for a term ending on December 31, 2017, was
presented.
There were no members of the public present for public comment.
7 December 10, 2013
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Nancy Greenstein. The nomination
was seconded by Councilmember Davis.
Nancy Greenstein was appointed by acclamation with a unanimous voice
vote in her favor, with Mayor Pro Tern O'Day absent.
SAMOHI ORCHESTRA 13 -C: Request of Mayor O'Connor, Mayor Pro Tem O'Day and
Councilmember McKeown that the Council support the non - profit
Samohi Orchestra Parents Association with a $25,000 matching grant
from the Council discretionary funds, to assist in scholarships for
students from lower - income families to participate in the Santa Monica
Symphony Orchestra European performance and cultural tour,
including Vienna, Prague, and Baden- Baden, in April of 2014, was
presented.
Members of the public Ava Pomeranz, Skyler Young, Kimberlea Daggy,
and Nancy Cohen spoke generally in favor of the recommended action.
Motion by Councilmember McKeown, seconded by Councilmember
Vazquez, to adopt the staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tern O'Day
PUBLIC INPUT: Members of the public Brad Keimach, Kathy Bingham, Steve Persky,
Babak Naderi, Denise Barton, Josef Davidman, Kathleen Dantini, Noah
Edelson, Jane Gross, Zoe Muntaner, Jessica Tracy, Jonathan Foster,
Christel Andersen and Lauren Linnett commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:04
p.m. in memory of Willis Ware and Nelson Mandela.
ATTEST:
Sarah P. Gorman
City Cleric
APPROVED:
Pam O'Connor
Mayor
8 December 10, 2013