m-022814CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 28, 2014
A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:31 p.m., on
Tuesday, January 28, 2014, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor
Mayor Pro Tem Terry O'Day
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Tony Vazquez (arrived at 5:41 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 5:32 p.m., with
Councilmember Vazquez absent. Councilmember Holbrook led the
assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
Councilmember Vazquez On order of the Mayor, the City Council recessed at 5:34 p.m., to consider
arrived at 5:41 p.m. closed sessions and returned at 6:33 p.m., with all members present, 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 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)
City Attorney Marsha Moutrie reported that the hearing on the motion to
dismiss in this airport matter will be February 10, 2014, 1:30 p.m. at the
Federal Courthouse in Downtown Los Angeles and will be open to the
public. The trial date has been set for November 18, 2014 with a 3 day trial
time estimate.
January 28, 2014
1 -B: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): Valentini v. Shinseki, United States District
Court Case Number CV -11 -04846 SJO (MRWx)
City Attorney Marsha Moutrie reported that this matter is a lawsuit relating
to use of the VA property for purposes other than serving veterans. The
City filed an amicus brief in the trial court, and the case is on appeal in the
9 °i Circuit. Council confirmed that it authorized amicus participation at the
appellate level.
1 -C: Conference with Legal Counsel — Anticipated Litigation —
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2) — 2 cases
Motion by Councilmember Davis, seconded by Mayor Pro Tern O'Day, to
approve Settlement No. 9865 (CCS) in the amount of $66,500 to Gretchen
Kubacky in a claim by a former city employee relating to disability and
accommodations. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Holbrook, Winterer, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
REPORT ON MEETING Pursuant to State law, City Clerk Sarah Gorman announced respectively
COMPENSATION that Council will receive no compensation for meeting as the
Redevelopment Successor Agency and Public Financing Authority, and
will receive $50 for meeting as the Housing Authority and $50 for meeting
as the Parking Authority.
CONSENT CALENDAR: There being a Consent Calendar each for the City Council, the
Redevelopment Successor Agency, the Public Financing Authority, and the
Parking Authority, the Council convened to a joint meeting with the
Redevelopment Successor Agency, Public Financing Authority, and
Parking Authority at 6:37 p.m., and the four Consent Calendars were heard
concurrently, with all members present.
All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public John Jerabek, Denise Barton, Janet Gilbert, Dawn
Cotter, Ellen Hannan, and Amanda Gill commented on various Consent
Calendar items.
2 January 28, 2014
At the request of Councilmember McKeown, Item 3 -D was removed from
the Consent Calendar.
Motion by Councilmember Davis, seconded by Councilmember Holbrook,
to approve the Consent Calendar except for Item 3 -D, reading resolutions
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
AIRPORT FIRE ALARM 3 -A: Contract Modification for the Airport Administration Fire
UPGRADE Alarm Upgrade Project — recommendation to authorize the City Manager
to negotiate and execute a first modification to construction Contract No.
9795 (CCS) with Golden Phoenix Construction Company, Inc., in the
amount of $4,989 to provide additional construction services for the
Airport Administration Fire Alarm Upgrade Project, which will result in an
amended construction contract with a new total amount not to exceed
$187,673, and authorize budget changes, was approved.
CONFLICT OF 3 -13: Adopt Resolution No. 10796 (CCS) entitled: " A RESOLUTION
INTEREST CODE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REPEALING RESOLUTION NUMBER 10656 (CCS) AND AMENDING
THE CITY'S CONFLICT OF INTEREST CODE TO REVISE THE
DESIGNATED POSITIONS FOR WHICH STATEMENTS OF
ECONOMIC INTEREST ARE REQUIRED TO BE FILED," was adopted.
METROPOLITAN 3 -C: Accept a Grant from the Foundational Actions Funding
WATER DISTRICT Program of the Metropolitan Water District of Southern California —
GRANT recommendation to authorize the City Manager to accept Grant No. 9863
(CCS) awarded from the Metropolitan Water District of Southern
California, in the amount of $400,000 for a local runoff harvesting and use
demonstration project and to accept all grant renewal, and authorize budget
changes, was approved.
TRAVEL AND 3 -E: Professional Service Agreement for Online Travel and
INFORMATION SYSTEM Infformation System Development — recommendation to authorize the
City Manager to negotiate and execute Contract No. 9864 (CCS) with
Civic Resource Group LLC, in an amount not to exceed $402,500 for the
development of an Online Travel and Information System, and approve any
necessary changes, was approved.
3 January 28, 2014
3 -F: Approval of minutes of various meetings of the Housing
MINUTES Authority, Parking Authority, Redevelopment Successor Agency, and
Public Financing Authority in 2013, was approved.
The Special Joint Meeting was adjourned.
DEVELOPMENT 3 -1): Annual Development Agreement Compliance Review —
AGREEMENT REVIEW recommendation that City Council: 1) Review the status of Development
Agreement compliance; 2) Determine good faith compliance for those that
are in compliance; and, 3) Review the status of Development Review
Permit compliance at 2415 -2443 Main Street (Edgemar Property), was
presented.
Councilmember McKeown advised that he removed Item 3 -D to discuss
the development agreements.
Discussion ensued on topics including transportation demand management
programs, child care facilities, parking, and enforcement of DA conditions.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve the staff recommendation. 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
ORDINANCES: 7 -A: Introduction and First Reading of an Ordinance which
168126` STREET approves the proposed Development Agreement 10 -002 for the
construction of a mixed -use project consisting of 473 rental housing
units, 25 artist work/live units, approximately 374,434 square feet of
creative office space, approximately 15,500 square feet of restaurant
space, and approximately 13,891 square feet of retail space at 1681 26th
Street, was presented.
Applicant /Property Owner: Hines 26`h Street LLC
Motion by Councilmember O'Connor, to hear staff presentation, applicant,
and public testimony this evening, and continue the discussion of the item
as a 5 item on the February 11, 2014 Council meeting. The motion was
approved by unanimous voice vote, with all members present.
Motion by Councilmember O'Connor, seconded by Councilmember
Winterer, to reconsider motion to continue discussion of the item. The
motion was approved by unanimous voice vote, with all members present.
January 28, 2014
Motion by Councilmember O'Connor, to hear the staff report, applicant
presentation and the full public hearing tonight, close the public hearing,
and take the item up at a continued meeting at 6:30 p.m. on February 4,
2014, knowing the meeting may start later if Councilmember O'Day is later
returning from out of town. The motion was approved by unanimous voice
vote, with all members present.
The applicant provided a presentation in support of the application.
Members of the public Josh Kurpies, Betsy Hiteshew, Kevin Pelletier, Jimit
Karia, Irene Zivi, Alan Toy, Carl Hansen, Laurel Rosen, Brad Cox, Sue
Potter, Matt Lavin, Jenna Linnekins, Bob Kull, Neal Richman, Amy
Anderson, Jefferson Shierbeek, Sharla Russell, Jeremy States, Fransisco
Sanchez, Bill Dufour, Tom Bost, Michael Morgan, Patti Obblath, Rebecca
Morgan, Sindbu Kubendran, David Kersh, Jerry Rubin, Carol Lemlein,
Robert Berman, and Bruce Cameron spoke in favor of the staff
recommendation.
Members of the public John Petz, Patricia Hoffman, Sonya Sulfam,
Jennifer Kennedy, Susan Himmelrich, Jeanne Laurie, John Murdock,
Dorothy Chapman, Armen Melkonians, Phil Brock, Don Jansenson, Bob
Taylor, Ron Goldman, Thane Roberts, John Zinner, Tricia Cane, Beverly
Palmer (donated time by Nancy Morse), Diana Gordon (donated time by
Doris Sosin), Sherrill Kushner (donated time by Mary Marlow), Lawrence
Eubank (donated time by Mary Marlow), Elizabeth Van Denburgh
(donated time by Mark Kreher), Oscar de la Tone, Zina Josephs, Jerry
Nodiff, Charles R. Donaldson, Leigh Brumberg, Elaine Blaugrund,
Lorraine Sanchez, Amy Aukstikalnis, Stacy Dalgleish, Neil Cohen, Fends
Gluck, Matt Baird, Taffy Patton, Emily Turner, Ken Robin, Mike Salazar,
Lisa Hughes, Dr. Daniel Galamba, Jennifer Polhemus, Denise Batton, Neil
Krepela, Kathy Knight, Flack, Francis Engler, Angela DeMott, Donald
Murchie, Denny Zane, Jay Johnson, Michael Feinstein, Chirstel Andersen,
Brenda Barnes, Laura Wilson, Maryanne La Guardia, Steve Duron,
Andrew Boyer, Ellen Brennan, Mitchell Lachman, Gregg Heacock,
Suzanne Verge, and Danielle Charney spoke in opposition to the staff
recommendation.
The applicant provided a rebuttal in support of the application.
On order the Mayor, the public hearing was closed and the item continued
to Tuesday, February 4, 2014 at 6:30 p.m.
COUNCILMEMBER 13 -A: Request of Mayor O'Connor and Mayor Pro Tent O'Day to
DISCUSSION ITEMS: consider directing City Manager to include in the upcoming budget
LIVING WAGE process information on raising the City -paid "living wage" (a
5 January 28, 2014
"sustainable wage ") to $15.37 per hour, was presented.
There was no one present for public comment.
Motion by Mayor O'Connor, seconded by Mayor Pro Tern O'Day, to direct
the City Manager to return to Council with a plan regarding
implementation of raising the City -paid "living wage" (a "sustainable
wage ") to $15.37 per hour. The motion was approved by unanimous voice
vote, with all members present.
PUBLIC INPUT: Members of the public Denise Barton, Christel Andersen, and Jonathan
Foster commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:53
a.m., and continued to February 4, 2014, at 6:30 p.m.
ATTEST: APPROVED:
ILI
Sarah P. Gorman I Pam O'Connor
City Clerk
January 28, 2014