m-051314CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 135 2014
A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:34 p.m., on
Tuesday, May 13, 2014, at City Council Chambers, 1685 Main Street,
Roll Call: Present: Mayor Pam O'Connor
Mayor Pro Tem Terry O'Day (arrived at 5:40 p.m.)
Councilmember Gleam Davis
Councilmember Robert T. Holbrook (arrived at 5:37 pan.)
Councilmember Kevin McKeown
Councilmember Tony Vazquez
Councilmember Ted Winterer
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutr4e
City Clerk Sarah P. Gorman
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5 :34 p.m., with all
members present, except Mayor Pro Tem O'Day and Councilmember
Holbrook. Councilmember Vazquez led the assemblage in the Pledge of
Allegiance.
CLOSED SESSIONS Member of the public Denise Barton commented on closed sessions.
Mayor Pro Tem O'Day On order of the Mayor, the City Council recessed at 5:38 pan., to consider
arrived at5 :40p.m. closed sessions and returned at 6:44 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 $4956.9 (d)(1): Kaur v. City of Santa Monica, Los Angeles
Superior Court Case Number BC542 484
The City Attorney advised this matter is a bus accident claim arising from
exiting a bus, The City Attorney recommended settlement in the amount of
$24,000.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer to approve Settlement No. 9906 (CCS), as recommended by the
City Attorney.
The motion was approved by the following vote:
May 13, 2014
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
1 -13: 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.
I -C: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): Santa Monica Coalition for a Livable City et al.
v. City of Santa Monica et al., Los Angeles Superior Court Case
Number BS147678
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): I case — 402 Colorado
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -E: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): Redden v. City of Santa Monica, Los Angeles
Superior Court Case Number BC 545191
The City Attorney advised this matter was heard and no reportable action
was taken.
SPECIAL AGENDA 2 -A: Proclamation declaring May 18 -24, 2014 as National Public
ITEMS: 'Works Week in Santa Monica was presented by Mayor O'Connor to
PROCLAMATIONS Public Works Department Head Martin Pastucha.
2 -B: Recognition of Graduates of the People's Academy was
presented by Mayor O'Connor to the Academy graduates.
2 May 13, 2014
2 -C: Proclamation declaring May 2014 as Mental health Awareness
Month in Santa Monica was presented by Mayor O'Connor to Disabilities
Commissioners Nanci Linke -Ellis and Denise Neal.
2 -1): Proclamation declaring May 2014 as Older Americans Month
in Santa Monica was presented by Mayor O'Connor to Commission for
the Senior Community Commissioner Simone Gordon,
2 -E: Proclamation declaring May 2014 as historic Preservation
Month in Santa Monica was presented by Mayor O'Connor to Landmarks
Commissioners Ruth Shari and Barbara Kaplan and Santa Monica
Conservancy Board members Carol Lemlein and Margaret Bach.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Joy Fullmer, Paul Marcus, and Jim Cahlin
commented on various Consent Calendar items.
Motion by Councilmember Winterer, seconded by Councilmember Davis,
to approve the Consent Calendar, reading resolutions by title only and
waiving further reading thereof. The motion was approved by the
following vote:
APES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
PARKING ITEM On Order of the Mayor, Item 1 I -B was continued to a later meeting,
CONTINUED TO FUTURE,
MEETING
MINUTES 3 -A: Approval of minutes of April 22, 2014 City Council meeting, was
approved.
BUS LINES YARD 3 -B: Case Closure of Environmental Clean -Up Activities at the
Municipal Bus Lines Yard — recommendation to authorize the City
Manager to negotiate and execute a Covenant No. 9898 (CCS) and.
Environmental Restriction on Property with the California Regional Water
Quality Control Board, Los Angeles Region in order to close the low - threat
underground storage tank case located at the Municipal Bus Line (BBB)
yard, was approved.
RENEWABLE 3 -C: Second Modification to Commerce Energy Agreement for the
ELECTRICITY Purchase of Renewable Electricity — recommendation to authorize the
City Manager to negotiate and execute a second modification to
May 13, 2014
Professional Services Agreement #9292 with Commerce Energy to provide
renewable electricity for City electrical accounts from June 1, 2014 through
May 31, 2015 at a rate not to exceed $0. -0846 per kilowatt hour, resulting in
a two and one half year amended contract term, was approved,
PARKINGSTRUCTURE 3 -1): Pinking Structure No. 6 Ground -Floor Lease Agreements —
NO. 6 recommendation to authorize the City Manager to negotiate and execute
five- -year lease Agreement Nos: 9899 (CCS), 9900 (CCS), and 9901 (CCS)
with two (2) five -year options for the leasing of ground -floor retail space at
Parking Structure 6 (PS 6) located at 1431 Second Street, was approved,
MARINE PARK 3 -E: Professional Services for the Marine Park Irrigation Retrofit
Project — recommendation to authorize the City Manager to negotiate and
execute a sole source professional services Agreement No. 9902 (CCS)
with Carollo Engineers, in an amount not to exceed $272,360 to provide
engineering design services, develop construction documents and provide
engineering support during the construction phase of the Marine Park
Irrigation Retrofit Project, was approved.
REFUSE PACKER UNIT 3 -F: Purchase of One Additional CNG Side Loader Refuse Packer
Unit — recommendation to approve a change order to Purchase Order
360383 -OP with Boerner Truck Center, in the amount of $288,717 for the
purchase and delivery of one additional compressed natural gas (CNG) side
loader refuse packer unit, resulting in an amended purchase order with a
new total amount not to exceed $1,115,605, was approved.
WOODLAWN 3 -G: Construction of the Woodlawn Cemetery Memorial Project —
CEMETERY recommendation to appropriate Council contingency funds in the amount
of $23,050 for the construction of the Woodlawn Memorial Wall Project,
was approved.
REVENUE BONDS 3 -H: Redemption of Wastewater Enterprise Refunding Revenue
Bonds Series 2005A — recommendation that the City Council authorize
staff to redeem all outstanding Wastewater Enterprise Refunding Revenue
Bonds (2005 Series A), was approved.
LAW ENFORCEMENT 34: Supplemental Law Enforcement Services — recommendation to
authorize the City Manager to negotiate and execute Contract No. 9903
(CCS) with the County of Los Angeles Sheriff's Department, in an amount
not tin exceed $260,000 for supplemental law enforcement services for
special events occurring in the City of Santa Monica with fixture year
funding contingent on Council budget approval, and appropriate budget
increases, was approved.
SANTA MONICA POLICE 3 -J: Transportation of Santa Monica Police Department Prisoners —
DEPARTMENT recommendation to authorize the City Manager to negotiate and execute
May 13, 2014
contract service Agreement No. 9904 (CCS) with the Los Angeles County
Sheriffs Department, in an amount not to exceed $99,183 for prisoner
_ transportation services from Santa Monica to the Los Angeles Superior
Court at Los Angeles Airport, with four additional one -year renewal
options, for a total amount not to exceed $548,049, was approved,
223 ]BROADWAY 3 -K: Sublease of Retail Space at 223 Broadway — recommendation to
authorize the City Manager to negotiate and execute sublease Agreement
No, .9.905 (CCS) with Gelatoro, LLC, or an alternate subtenant, for the
retail space at 223 Broadway that would extend through June 30, 2017, was
approved.
ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2456 (CCS)
315 COLORADO AVENM (CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SANTA .MONICA, A .MUNICIPAL
CORPORATION, AND MACERICH SMP LP, A DELAWARE LIMITED
PARTNERSHIP", was presented.
Motion by Councilmember Davis 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 McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tom O'Day, Mayor O'Connor
NOES: None
ABSENT: None
LIVING WAGE 7 -B: Introduction for First Reading of an ordinance amending Santa
Monica Municipal Code Chapter 4.65 to increase the City's Living
Wage for direct employees and City contractors to $15.37 per hour
effective duly 1, 2014, was presented.
Members of the public Jerry Rubin spoke in favor of the recommended
action.
.Motion by Councilmember Winterer, seconded by Councilmember
McKeown, 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 Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tom O'Day, Mayor O'Cormor
NOES: None
ABSENT: None
BUSINESS 7 -C: Introduction and First Reading of an Ordinance amending
May 13, 2014
REGULATIONS AND Article VI and Chapter 4.32 of the Santa Monica Municipal Code
POLICE PERMITS Reducing Various Business Regulations and Police Permits, was
presented.
There. were. no. members. of the. public. present for public. comment.
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. 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
STAN' 8 -A: Hines Development Agreement — Decision on Referendum —
ADMINISTRATIVE recommendation to hold a public hearing to reconsider and determine
ITEMS: whether to repeal Ordinance No. 2454 (the Hines Development Agreement)
HINESD.EVELOPMENT or to submit the question of repealing the ordinance to the voters; if
AGREEMENT Council sends the question to the voters, recommendation to place the
measure on the ballot of the November general election and that Council
direct staff to prepare the necessary resolutions, was presented.
Members of the public Diana Gordon (donated time by Nancy Morse),
Armen Melkonians, Denise Barton, Mary Marlow (donated time by Ken
Robin) Tricia Crane, John Petz, Dolores Sloan, David Garden, Laura
Wilson, Dotty Cramer (donated time by Liv Estrop), Maryanne LaGuardia,
Louise Stenier Christel Andersen, Sara Meric, Oscar de In Torre (donated
time by Maria Loya), Frances Christopher, Andrew Hoyer, Ellen Brennan,
Karen Comegys, Jim Farrell, Michael Feinstein (donated time by Manju
Raman), Todd Flora, Paul Rosenstein, Ellen Hannan, Jennifer Kennedy,
Daniel Westcott, and Bruce Cameron spoke generally in favor of repealing
the ordinance.
Member of the public Jerry Rubin spoke generally in favor of submitting
the question of repealing the ordinance to the voters.
Considerable discussion ensued on topics including, but not limited to
affordable housing, referendum process, inclusion under the LUCE, and
transit oriented development.
Motion by Councilmember Winterer, seconded by Councilmember
McKeown to repeal Ordinance No. 2454 (the Hines Development
Agreement),
May 13, 2014
Motion to amend by Councilmember McKeown, to clarify that this is a full
and unconditional repeal. The motion was friendly to the maker.
The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Winterer, McKeown
NOES: Mayor Pro Tem O'Day
ABSTAIN: Councilmember Holbrook, Mayor O'Connor
ABSENT: None
RESOLUTIONS: 11 -A: Public hearing to Adopt Revised Solid Waste Rates —
SOLID WASTE RATES recommendation to hold a public hearing, receive public comment pursuant
to Proposition 218 requirements, and to adopt Resolution No. 10806
-- - - - - - -- -- --
(CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA FOR REVISING SOLID WASTE RATES ",,
was presented,
Member of the public Andrew Hoyer spoke in support of the recommended
action.
Members of the public Denise Barton and Christel Andersen spoke in
opposition to 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: Councihnembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
PREFERENTIAL 11 -13: Amendment of Preferential Parking Zone MM —
PARKING recommendation to amend the regulations to "2 hour parking between 9
a.m. and 6 p.m. daily and No Parking between 6 p.m. and 9 a.m, daily" for
Preferential Parking Zone MM for the following blocks: Bay, Grant,
Pacific and Pearl Streets between Lincoln Boulevard and l e Street; and to
adopt Resolution No. (CCS) entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING
PREFERENTIAL PARKING ZONE MM AND AMENDING
RESOLUTION 9344 "PREFERENTIAL PARKING .ZONES" CCS BY
REPLACING EXHIBIT A ", was presented.
On order of the Mayor, this item was continued to a future meeting.
COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Housing
May 13, 2014
Commission for a term ending on June 30, 2017, was presented.
No members of the public were present to speak.
On order of the Mayor, the floor was opened for nominations.
Mayor O'Connor nominated Carter C. Rubin.
Councilrnember McKeown nominated Michael Soloff.
Carter C. Rubin was appointed by the following vote:
Rubin: Councilmembers Holbrook, Davis, Mayor Pro Tem O'Day,
Councilmember O'Connor
Soloff: Councilmembers McKeown, Winterer, Vazquez
SANTA MONICA PUBLIC 13 -B: Request of Councilmembers Davis and Winterer that the
POLICY INSTITUTE Council allocate $5,000 to the Santa Monica Public Policy
FOUNDATION Institute Foundation, a 501(3)c, to underwrite the cost of the
PPI's 3rd Annual Spring Symposium "Arts and Citizenship:
Effecting Public Policy. through Personal Narrative" and
allocate up to $3500 to the Santa Monica - Malibu Education
Foundation to defray the costs of providing bus service to K -12
students to the event, was presented.
Councilmember McKeown stated for the record that the Santa Monica
Malibu Education Foundation is entirely separate from the school district,
and Councilmembers Davis and Winterer concurrent. Thus, Mr. McKeown
stated that he was not required to recuse himself from this vote due to a
financial conflict of interest.
There were no members of the public present for public comment.
Motion by Councilmember Winterer, seconded by Mayor O'Connor to
adopt the requested action, The motion was approved by the following
vote:
AYES: Councilmembers Vazquez, Davis,. Holbrook, Winterer,
McKeown, Mayor Pro Tom O'Day, Mayor O'Connor
NOES: None
ABSENT: None
CHARGING STATIONS 13 -C: Request of Councilmember McKeown that the Council support
AB 2565 (Muratsuchi), which would allow renters to place electric
vehicle charging stations in rented parking spaces, and authorize City
staff to convey our support to our City lobbyist, state legislators, and
May 13, 2014
the Governor, was presented.
There were no members of the public present for public comment.
Councilmember O'Day stated that he will abstain from the vote to avoid an
appearance of impropriety, although he is not required to recuse himself
from the vote,
Motion by Councilmember McKeown, seconded by Councilmember Davis
to adopt the requested action. The motion was approved by the following
vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor O'Connor
NOES: None
ABSTAIN: Mayor Pro Tom O'Day
ABSENT: None
ARTS COMMISSION 13 -1): Recommendation to accept Edward Edwards' resignation from
the Arts Commission, was presented.
There were no members of the public present for public comment.
Motion by Mayor O'Connor; seconded by Mayor Pro Tem O'Dav,, to
accept the resignation with regrets. The motion was approved by -a
unanimous voice vote with all members present.
RECREATION AND 13 -E: Recommendation to accept Nishith Bhatt's resignation from the
PARKS COMMISSION Recreation and Parks Commission, was presented,
There were no members of the public present for public comment.
Motion by Mayor O'Connor, seconded by Councilmember Holbrook to
accept the resignation with regrets. The motion was approved by a
unanimous voice vote with all members present.
DIA DE LOS MUERTOS 13 -k': Request of Councilmember Vazquez that the Council allocate
CELEBRATION $15,000 in Council contingency funds to support the City's Din de los
Muertos celebration this year. The amount requested would support
the City's efforts for coordinated marketing and outreach for the many
other community .based celebrations of this .important cultural
tradition of residents of the Pico Neighborhood. And would fund the
City's event at Woodlawn Cemetery, which includes musicians and
workshops for all ages. The event was funded last year out of Council
contingency funds as well, was presented.
May 13, 2014
There were no members of the public present for public comment.
Motion by Councilmember Vazquez, seconded by Mayor O'Connor, to
adopt the .requested action. The motion was .approved by the following
vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
SANTA MONICA 13 -G: Request of Mayor O'Connor, Councilmembers O'Day and
AIRPORT LAND McKeown to direct staff to draft a proposed amendment to the City
Charter concerning the future use of the Santa Monica Airport land
that would require voter approval for any significant change in the use
of the land but which would protect the City Council's discretion to
manage the Airport, including Council's authority to limit or
terminate particular land uses and leases in order to protect
community health and welfare and the environment, and which would
contain language to ensure that all provisions of the measure would
become effective if adopted by the voters in the November election, was
presented.
Members of the public Denise Barton and Bill Worden spoke in opposition
to the recommended action.
Motion by Councilmember McKeown, seconded by Mayor O'Connor, to
adopt the requested action. The motion was approved by a unanimous voice
vote with all members present.
PUBLIC INPUT: Members of the public Babak Naderi, David Garden, Johnathan Foster and
John Jerabek commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 9.36
p.m.
F.3111-0 WW
Sarah P. Gorman
City Clerk
T O' r
10 May 13, 2014