m-042214CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 22, 2014
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tern O'Day at 5:35
p.m., on Tuesday, April 22, 2014, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor (arrived at 5:55 p.m.)
Mayor Pro Tern Terry O'Day
Councilmember Gleam Davis
Councilmember Kevin McKeown
Councilmember Tony Vazquez (arrived at 5:45 p.m.)
Councilmember Ted Winterer
Absent: Councilmember Robert T. Holbrook
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 5:35p.m., with
Councilmember Holbrook absent. Councilmember McKeown led the
assemblage in the Pledge of Allegiance.
CLOSED SESSIONS Member of the public Denise Barton commented on closed sessions.
Councilmember Vazquez On order of the Mayor, the City Council recessed at 5:39 p.m., to consider
arrived at 5:45 p.m. closed sessions and returned at 6:38 p.m., with Councilmember Holbrook
absent, to report the following:
Mayor O'Connor arrived at
5:55 p. m. 1 -A: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government
Code Section 54956.9(d)(1): Avila v. City of Santa Monica, et
al., United States District Court Case Number 13 -CV -03570
The City Attorney advised this matter relates to an excessive force civil
rights action relating to an arrest. The City Attorney recommended
settlement in the amount of $117,500.
Motion by Councilmember .Davis, seconded by -Mayor -Pro Tern O'-Day, to
approve Settlement No. 9895 (CCS), as recommended by the City
Attorney.
April 22, 2014
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Davis, Vazquez, Mayor
Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Holbrook
1 -B: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government
Code Section 54956.9(d)(1): Casey v. City of Santa Monica, et
Los Angeles Superior Court Case Number SC 121 677
The City Attorney advised this matter relates to a personnel matter. The
City Attorney recommended settlement in the amount of $75,000, with a
Mayor O'Connor was $44,000 cash payment and the balance as ongoing salary payments.
excused from Council
chambers at 6:40 p.m. Mayor O'Connor advised that she was recusing herself from this matter
due to a personal acquaintance with the litigant and left the Council
chambers for the duration of consideration of the item.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve Settlement No. 9896 (CCS), as recommended by the City
Attorney. The motion was approved by the following vote:
The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Winterer, McKeown,
Mayor Pro Tern O'Day
NOES: None
Mayor O'Connor returned to ABSENT: Councilmember Holbrook, Mayor O'Connor
Council Chambers at
6:41p.m. 1 -C: 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, et al., United States Court of Appeals for the Ninth District
Case Number 14 -55583
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 54456.9 (d)(2) — 1 case -
The City Attorney advised this matter was heard and no reportable action
was taken.
April 22, 2014
1 -E: Conference with Re
Property:
City Negotiator:
Under Negotiation:
Owner of Record:
al Property Negotiator
1337/1345 7th St.
Andy Agle, Dir., Housing & Economic
Development
Price & Terms
1337 70' Street LLC
The City Attorney advised this matter was heard and no reportable action
was taken.
SPECIAL AGENDA
2 -A: Announcement and recognition of the Most Loved Santa
ITEMS:
Monica campaign's business winners of 2014, was presented by Mayor
MOST LOVED SANTA
O'Connor to award winners.
MONICA
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.
On order of the Mayor, Item 3 -F was removed from the Consent Calendar
to be heard as a separate item.
At the request of Councilmember McKeown, Item 3 -E was removed from
the Consent Calendar.
Motion by Councilmember Davis seconded by MMor Pro Tern O'Day to
approve the Consent Calendar except for Item 3 -E and 3 -F, reading
resolutions by title only and waiving further reading thereof. The motion
was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Davis, Vazquez,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Holbrook
MINUTES 3 -A: Approval of minutes of March 25, 2014, City Council meeting,
was approved.
PARKING OPERATIONS 3-B. Modification to Parking Operations Contract with Central
Parking System — recommendation to authorize the City Manager to
negotiate and execute a fifth modification to Contract No. 9050 (CCS) with
Central Parking System, in the amount of $490,000 per month for operation
and maintenance of the City's off - street parking facilities, resulting in a 5-
year, 6 month amended contract with a new total amount not to exceed
$30,842,296, was approved.
April 22, 2014
ASSEMBLY BILL 1720 3 -C: Support of Assembly Bill 1720 Bus Axle Weights -
recommendation that the City Council support Assembly Bill 1720
(Bloom) which would extend the existing exemption on transit bus axle
weight limits until January 1, 2016, was approved.
AIRPORT 3 -D: Award Construction Contract for Airport Administration
ADMINISTRATION Elevator Modernization Project — recommendation to authorize the City
PROJECT Manager to negotiate and execute Contract No. 9893 (CCS) with Fast -
Track Construction Corporation, in an amount not to exceed $406,780 for
the Airport Administration Elevator Modernization Project, and authorize
any necessary changes within budget authority, was approved.
MEDICAL MARIJUANA 3 -E: Support for Senate Bill 1262 — recommendation that Council
support Senate Bill 1262 which provides regulation of medical cannabis in
a manner that protects local control, addresses important Public safety
concerns, and enhances health and safety standards, was introduced.
Councilmember McKeown advised that he removed this item because of
issues relating to future regulation of marijuana.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to not support the bill. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Winterer, Davis, Vazquez
NOES: Mayor Pro Tern O'Day, Mayor O'Connor
ABSENT: Councilmember Holbrook
PARKING METERS 3 -F: Purchase and Install Additional Parldng Meters —
recommendation to authorize the City Manager to negotiate and execute a
second modification to Contract No. 9496 (CCS) with IPS Group, Inc. in
the amount not to exceed $323,000 for the purchase and installation of 350
additional parking meters with ground sensors in various locations
throughout the City, and in the amount not to exceed $93,800 annually for
on -going operating costs to the current contract. This will result in a five -
year amended contract with a new total amount not to exceed $10,296,950
for installation, maintenance, and operations of parking meters with future
funding contingent on Council approval, was present.
At staff's request, this item was heard separately from the Consent
calendar.
Members of the public Amy Aukstilkanis, Stephen Youngerman, Tricia
Crane, Andrew Hoyer, Ellen Hannan, Taffy Patton, Brenda Barnes, Zina
Josephs, Manju Raman, Catherine Eldridge, and Oscar de In Torre spoke
generally in opposition to the recommended action.
Considerable discussion ensued on topics including the process for parking
meter installation and placing of meters in particular locations.
4 April 22, 2014
Motion by Mayor Pro Tem O'Day, seconded by Councilmember Davis, to
approve the staff recommendation.
Motion to amend by Councilmember Davis, to prior to installing any
parking meters directly in front of purely residential buildings, staff will
return to Council to receive direction on that topic. The motion was friendly
to the maker.
Motion to amend by Councilmember Davis, to use an expanded area
notification when reaching out within the neighborhood. The motion was
friendly to the maker.
Motion by Councilmember Winterer, for a staff information item within an
appropriate period to Council discussing the professional observations and
comments received regarding newly installed parking meters. The motion
was considered friendly to the maker and seconder.
Motion by Councilmember McKeown, for the staff information item to
include information regarding use of the new meter technology to assess
what revenue is being generated relating to possibly generating directed
revenue streams. The motion was considered friendly to the maker and
seconder.
The motion as amended was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Winterer, McKeown, Mayor
Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Holbrook
Staff was directed to report to Council with information about preferential
parking enforcement costs, revenue generated, and the difference between
enforcement cost and revenue generated.
ORDINANCES: 7 -A: Introduction and first reading of an ordinance approving the
315 COLORADO AVENUE proposed Development Agreement 13DEV -010 to allow Construction
of a Multi - screen Movie Theater Complex on the 3rd level of Santa
Monica Place at 315 Colorado Avenue; and Adopt the Mitigated
Negative Declaration and Mitigation Monitoring Program prepared
for the project in accordance with CEQA, was presented.
The applicant provided a presentation in support of the application.
Members of the public Jerry Rubin, Albin Gielicz, Jenna Linnekens, Laurel
Rosen, John Bohn, Kimberly Baker, Jonathan Wolf, Kathleen Rawson, Ken
Cluskey, Andrew Hoyer, Linda Lawson, John Butchko, Michael Torey,
Jeremy States, and Oscar de la Torre spoke generally in favor of the
recommended action.
5 April 22, 2014
Member of the public Denise Barton spoke generally in opposition to the
recommended action.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to call for a motion to adopt the Mitigated Negative Declaration and
Mitigation Monitoring Program prepared for the project in accordance with
CEQA. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Davis, Vazquez
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Holbrook
Discussion ensued on topics including local hiring.
Motion by Councilmember McKeown, seconded by Councilmember
Vaz uez, to introduce and hold first reading of the ordinance reading by
title only and waiving further reading thereof approving the proposed
Development Agreement 13DEV -010 to allow construction of a multi -
screen movie theater complex on the 3`d level of Santa Monica Place at 315
Colorado Avenue as amended with additional language provided by the
City Attorney. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Winterer, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Holbrook
LUCE 7 -B: Second reading and adoption of interim Ordinance No. 2455
(CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA EXTENDING INTERIM
ORDINANCE NUMBER 2439 (CCS), WHICH ESTABLISHED
INTERIM DEVELOPMENT PROCEDURES PENDING
IMPLEMENTATION OF THE LUCE, INCLUDING MODIFICATIONS
ADDRESSING ORDINANCE APPLICABILITY, CM DISTRICT NON-
CONFORMING USES, SHARED PARKING AND FAR
CALCULATIONS IN THE DOWNTOWN, EXEMPTIONS FOR CITY
PROJECTS, PROVISIONS RELATING TO THE PERMITTED
NUMBER OF RESTAURANTS IN THE CM DISTRICT, THE
REPLACEMENT OF EXISTING PUBLIC PARKING SPACES WITHIN
PUBLIC PARKING STRUCTURES IN BSC -2 AND C3 -C ZONING
DISTRICTS, AUTHORIZED EXISTING NONCONFORMING
AUTOMOBILE DEALERSHIP USES AND MINOR EXPANSIONS
THERETO IN RESIDENTIAL AND "A" OFF - STREET PARKING
OVERLAY ZONES, MODIFIED THE REQUIREMENTS FOR
MINISTERIAL PROCESSING OF 100% AFFORDABLE HOUSING OF
50 OR FEWER UNITS, MODIFIED FLOOR AREA RATIO
CALCULATIONS IN THE DOWNTOWN DISTRICT FOR OUTDOOR
April 22, 2014
DINING, PROVIDED AN INTERIM USE PERMIT APPROVAL
PROCESS FOR THE BERGAMOT PLANNING AREA AND
CLARIFIED THAT THE BERGAMOT AREA PLAN DEVELOPMENT
STANDARDS FOR TIER I PROJECTS AND AUTHORIZED USES
SUPERSEDE THE REQUIREMENT OF THE ZONING ORDINANCE
TO THE EXTENT OF ANY INCONSISTENCY," was presented.
Motion by Councilmember Winterer, seconded by Councilmember
Vazquez, 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, Winterer, McKeown,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT. Councilmember Holbrook
STAFF ADMIN ITEMS: 8 -A: Exclusive Negotiations for Cinema Development at 1320 Fourth
1320 FOURTH STREET Street — recommendation that City Council authorize the City Manager to
negotiate and execute. Exclusive Negotiating Agreement (ENA) No. 9894
(CCSj with the team of ArcLight Cinemas and Macerieh to develop and
operate a multiplex cinema at 1320 Fourth Street, was presented.
Members of the public Kathleen Rawson and Jerry Rubin spoke generally
in favor of the recommended action.
Discussion ensued on topics including, but not limited to movie theaters in
the jurisdiction.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to adopt the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Winterer, Davis, Vazquez,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Holbrook
BUFFER PARK 8 -13: Buffer Park Design Development — recommendation that the City
Council review and comment on the proposed design plans for the Buffer
Park; and approve the proposed design and direct staff to move forward
witheonstruction documents, was presented.
Members of the public Oscar de la Torre and Andrew Hoyer spoke
generally in favor of the recommended action.
Considerable discussion ensued on topics including, but not limited to the
design of the park, community input into the design, and the maintenance
yard.
April 22, 2014
Motion by Councilmember McKeown, to approve the staff
recommendation.
Councilmember Vazquez seconded the motion, with an amendment to add
grills to the park. The motion was accepted as friendly by the maker.
The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Winterer, McKeown,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES` None
ABSENT: Councilmember Holbrook
REFERENDUM 8 -C: Certification of Qualification of Referendum Petition and
PETITION Direction to City Staff — recommendation that the City Council receive
and file the Certification of Qualification for a petition entitled
"Referendum Against an Ordinance Passed by the City Council ",
referencing Ordinance No. 2454 (CCS), and direct City Staff to prepare the
necessary documents for City Council action at a future City Council
meeting, was presented.
Members of the public, Ellen Hannan, Brenda Barnes, Michael Feinstein
(donated time by Manju Raman) and Michael Toney spoke generally in
favor of the recommended action.
Members of the public Jerry Rubin spoke generally in opposition to the
recommended action.
Discussion ensued on topics including, but not limited to the percentage of
qualified signatures and the persons who participated in the referendum
effort.
Motion by Councilmember Winterer, seconded by Councilmember
Vazquez, to adopt the staff recommendation.
Motion to amend by Councilmember Winterer, to direct staff to return at
the May 13, 2014 Council meeting. The motion was friendly to the
seconder.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Davis, Vazquez,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Holbrook
PUBLIC HEARINGS: 9 -A: Public Hearing and Approval of the Proposed FY 2014 -15 One -
GRANT FUNDS Year Action Plan Allocating Federal Community Development Block
Grant (CDBG) and HOME Investment Partnerships Act Program
April 22, 2014
(HOME) Entitlement Grant Funds; and, authorize the City Manager
to submit all documents required, was presented.
Members of the public Denise Barton and Catherine Eldridge spoke
generally in opposition to the recommended action.
Motion by Councilmember Winterer, seconded by Councilmember Davis,
to adopt the staff recommendation. The motion was approved by the
following vote.
AYES: Councilmembers Vazquez, Davis, Winterer, McKeown,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Holbrook
COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Housing
DISCUSSION ITEMS: Commission for a term ending on June 30, 2017, was continued to a
HOUSING COMMISSION future meeting.
COMMISSION FOR THE 13-B: Recommendation to accept RochelleLeBlanc's resignation. from
SENIOR COMMUNITY the Commission for the Senior Community, was presented.
Motion by Councilmember Winterer, seconded by Mayor O'Connor, to
accept the resignation with regrets. The motion was approved by
unanimous voice vote, with all members present except Councilmember
Holbrook.
PUBLIC INPUT: Members of the public Paul Dale, Michael Toney, Johnathan Foster, Oscar
de la Torre, and Mike Harriel commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:57
p.m.
F.110=19
Sarah P. Gorman
City Clerk
APPROVED:
Pam O'Connor
Mayor
April 22, 2014