m-121713CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 17, 2013
A special meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:32 p.m., on
Tuesday, December 17, 2013, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor
Mayor Pro Tern Terry O'Day
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Tony Vazquez (arrived at 5:38 p.m.)
Councilmember Ted Winterer
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 5:34 p.m., with
Councilmember Vazquez absent. Councilmember Winterer led the
assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:37 p.m., to consider
Councilmember Vazquez closed sessions and returned at 6:40 p.m., with all members present, to
arrived at 5: 38 p. m. report the following:
1 -A: 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 -13: 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 recommended Settlement No. 9845 (CCS) in the amount
1 December 17, 2013
of $150,000 for a bicycle accident case that resulted in injuries.
Motion by Councilmember Holbrook, seconded by Councilmember Davis,
to approve settlement. The motion was approved by the following vote:
AYES: Councilmembers MCK00Wn, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Member of the public Denise Barton 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. 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 November 12, 2013, City Council meeting, were
approved.
BID FOR DUAL 3 -B: Bid Award for Big Belly /Smart Belly Dual Compactor —
COMPACTOR recommendation to award Bid #4103 to Waxie Sanitary Supply, in an
CONTAINERS amount not to exceed $100,000 for FY 2013 -14, for the purchase of Big
Belly/ Smart Belly dual compactors with two one -year options to renew,
for a total award amount not to exceed $300,000 over a three -year period,
was approved.
BID FOR FLOORING 3 -C: Purchase Order and Bid Award Increases for Carpet and
CONTRACTOR SERVICE Flooring Contractor Services - recommendation to approve a change
order to purchase order 22371 -OF with HM Carpet, in the amount of
$15,000 for carpet and flooring contractor services for the remainder of FY
2013 -14, resulting in a revised purchase order total not to exceed $190,000
through June 30, 2014; approve an increase with HM Carpet (primary
contractor) in the amount of $100,000 and Elite Floorcovering (secondary
contractor) for carpet and flooring contractor services from July 1, 2014
through June 30, 2016, for a new three -year total not to exceed $950,000,
was approved.
2 December 17, 2013
WATER MAIN 3 -D: Professional Services for Annual Water Main
REPLACEMENT Replacement/Upgrade Project - recommendation to authorize the City
Manager to negotiate and execute professional services Agreement No.
9846 (CCS) with Cannon Corporation in an amount not to exceed $264,820
to provide engineering design services, develop construction documents
and provide engineering support during construction phase of the Annual
Water Main Replacement/Upgrade Project; and authorize any necessary
changes to complete the work within budget authority, was approved.
1731 -1733 20th STREET 3 -E: Disposition of City -Owned Property at 1731 -1733 20th Street-
recommendation that the City Council authorize: 1) final sale and terns of
purchase for the remnant parcel located at 1731 -1733 20" Street; 2)
Authorize the City Manager to enter into 20 -year option Agreement No.
9847 (CCS) with Crossroads School of the Arts & Sciences ( "Crossroads)
to acquire an easement for a bicycle and pedestrian path along the northerly
edge of 1748 21" Street; 3) Grant an easement that would allow Crossroads
to build an 8 foot perimeter fence across 20t" Court in the event that the
City exercises the option to acquire the 21st Street Bike Path Easement;
and, appropriate budget changes, was approved.
NATIONWIDE 3 -F: Professional Services Agreement with Nationwide Retirement
RETIREMENT Solutions, Inc. for Deferred Compensation Plan Administrator
SOLUTIONS Services — recommendation to authorize the City Manager to negotiate and
execute no -cost Contract No. 9848 (CCS) with Nationwide Retirement
Solutions, Inc., for deferred compensation plan administrator services for
five years, with two additional one -year renewal options, was approved.
112222 nd STREET 3 -G: Approval of Final Sale of City -Owned Real Property at 1122 22nd
Street — recommendation that the City Council adopt Resolution No.
(CCS) 10788 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE
FINAL SALE OF CITY -OWNED REAL PROPERTY AT 1122 22ND
STREET'; and, authorize the City Manager to negotiate and amend the
Purchase and Sale Agreement with Pezhman Firoozfam in the amount of
$1.067 million, was approved.
ADMIN. PROCEEDINGS: 6 -A: Appeal of a Conditional Use Permit to allow conversion of a
1410 3rd STREET portion of an existing restaurant to general retail at 1410 3rd Street
PROMENADE Promenade — recommendation that the City Council deny the appeal and
uphold the Planning Commission's approval of Conditional Use Permit 13-
002 to allow conversion of a portion of an existing restaurant to general
retail at 1410 Third Street Promenade based on the findings and conditions.
The Appeal was withdrawn at request of Appellant.
3 December 17, 2013
ORDINANCES: 7 -A: Introduction and First Reading of an Interim Ordinance
INTERIM ZONING Extending Interim Zoning Ordinance No. 2439 (CCS); Update on the
ORDINANCE Status of Pending Development Agreement Applications; Modification
of the Development Agreement Float -Up Process for Limited Types of
Projects; and, Affirm development of new affordable housing units as
a priority item to be considered during community benefit negotiations
for proposed mixed -use housing projects, was presented.
Member of the public Jerzy Rubin spoke in favor of the recommended
action.
Member of the public Denise Barton spoke in opposition to the
recommended action.
Discussion ensued on topics including affordable housing and prioritization
of Development Agreements.
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, to review the status of pending
Development Agreement applications filed since LUCE adoption in July
2010, modifying the Development Agreement process to exempt limited
types of projects from Planning Commission and City Council early
conceptual review (float -up) discussions and maintain the requirements for
a Community Meeting and an Architectural Review Board float -up
discussion prior to initiating project negotiations between staff and the
applicant, and affirming development of new affordable housing units as a
priority item to be considered during community benefit negotiations for a
proposed mixed -use housing projects subject to a Development Agreement.
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
STAFF 8 -A: Financing Options for Construction of a New Fire Station No.
ADMINISTRATIVE 1, the Fire Station No. 3 Seismic Retrofit, and Interim Replacement of
ITEMS: the Fire Training Facility — recommendation that the City Council
FIRE STATION NO. 3 approve the proposal to finance the construction of a new Fire Station No.
1, the seismic retrofit of Fire Station No. 3, and an interim fire training
facility through a $35 million lease revenue bond and direct staff to:
continue with the design of a new Fire Station No. 1, proceed with the
construction document and bidding phases of the Fire Station No. 3 seismic
retrofit, proceed with the design of the interim replacement of a Fire
December 17, 2013
Training Facility, and return to Council for authorization to issue a lease
revenue bond, was presented.
Considerable discussion ensued on topics including, but not limited to
prepayment of bonds, lease revenue bonds, and Fire Station 1 design.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tern O'Day,
to approve the staff recommendation. 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
112222 n d STREET 8 -B: Approval of Final Sale of City -Owned Real Property at 1122
22 "d Street — recommendation that the City Council: adopt a resolution to
approve the final sale of 1122 22nd Street; and, authorize the City Manager
to negotiate and amend the Purchase and Sale Agreement with Pezlunan
Firoozfam in the amount of $1.067 million, was approved.
This item moved to the consent calendar.
CIVIC AUDITORIUM 8 -C: Resolutions Establishing Interim Uses and Interim Rental Fees
for the Santa Monica Civic Auditorium — recommendation that the City
Council adopt Resolution No. 10791 (CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING INTERIM USES FOR THE SANTA MONICA CIVIC
AUDITORIUM'; adopt Resolution No. 10792 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING INTERIM RENTAL FEES TO BE
CHARGED FOR INTERIM USE OF THE SANTA MONICA CIVIC
AUDITORIUM"; and rescind Resolution No. 3579, was presented.
Member of the public Jerry Rubin spoke in support of the recommended
action.
Member of the public Denise Barton spoke in opposition to the
recommended action.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to adopt the resolutions, reading resolutions by title only and waiving
further reading thereof, and the staff recommendation. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
5 December 17, 2013
ADJOURNMENT
Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
On order of the Mayor, the City Council meeting was adjourned at 7:54
p.m.
ATTEST: APPROVED:
"� -
Sarah P. Gorman Pam O'Connor
City Clerk Mayor
6 December 17, 2013