m-090914(NOT APPROVED)
CITY OF SANTA MONICA
SEPTEMBER 9, 2014
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Day at 5:33
p.m., on Tuesday, September 9, 2014, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pro Tem Terry O'Day
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Tony Vazquez (arrived at 5:36 p.m.)
Councilmember Ted Winterer
Absent: Mayor Pam O'Connor
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Sarah P. Gorman
CONVENE /PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:33 p.m.,
with Mayor O'Connor 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 Pro Tem, the City Council recessed at 5:36 p.m., to
consider closed sessions and returned at 6:50 p.m., with Mayor O'Connor
absent, to report the following:
1 -A: Public Employee Evaluation:
Title of Employee: City Clerk
The City Attorney advised this matter was not heard.
1 -13: 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 September 9, 2014
1 -C: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): In re Transient Occupancy Tax Cases.
California Supreme Court Case Number S218400
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -D: Conference with Legal Counsel — Potential Litigation —
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9 (d)(4) —1 case
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): Express Pipe and Supply v. City of Santa
Monica et al., Los Angeles Superior Court Case Number SC 122 897
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -F: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Riel v. City of Santa Monica, United States
District Court, Central District, Western Division Case Number 2:14 -
CV -04692
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -G: Conference with Labor Negotiator.
City Negotiator: Donna Peter, Director of Human Resources
Bargaining Units: Municipal Employees Association (MEA)
California Teamsters Local 911 (Teamsters)
United Transportation Union (UTU)
The City Attorney advised this matter was heard and no reportable action
was taken.
REPORT ON MEETING Pursuant to State law, City Clerk Sarah Gorman announced that Council will
COMPENSATION receive no compensation for meeting as the Redevelopment Successor Agency.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
2 September 9, 2014
JOINT MEETING
There being a Consent Calendar each for the City Council and the
Redevelopment Successor Agency, the Council convened to a joint meeting
with the Redevelopment Successor Agency at 6:50 p.m., and the two
Consent Calendars were heard concurrently, with all members present
excepting Mayor O'Connor.
Members of the public William Harder, Sr. (donated time by William
Harder Jr.), Denise Barton and Christel Andersen commented on various
Consent Calendar items.
At the request of Councilmember Winterer, Item 3 -B was removed from
the Consent Calendar.
On Item 3 -A, City Clerk Gorman noted that an amendment was made to
page 9 of the minutes, modifying "Virginia Avenue Park" to "Virginia
Avenue Complex."
On Item 3- C, Public Words Director Martin Pastucha noted that the correct
not to exceed amount for the total contract is $372,957.
Motion by Councilmember Vazquez, seconded by Councilmember Davis,
to approve the Consent Calendar except for Item 3 -13, reading resolutions
by title only and waiving further reading thereof. The motion was
approved by the following vote:
AYES: Agency /Councilmembers McKeown, Winterer, Holbrook,
Davis, Vazquez, Chair Pro Tem/Mayor Pro Tern O'Day
NOES: None
ABSENT: Chair/Mayor O'Connor
MINUTES 3 -A: The minutes of the August 26, 2014 City Council meeting were
approved.
Councilmember McKeown moved that Council accept the testimony
regarding Item 3 -A as responding to Item 14. The motion was accepted by
acclamation.
REED AND OZONE 3 -13: Professional Services Agreement for the Reed and Ozone Parks
PARK IMPROVEMENTS Improvements Project — recommendation that City Manager negotiate
and execute professional services Agreement No. 9966 (CCS) with
Katharine Spitz Associates, Inc. to provide design services for the Reed
Park and Ozone Park Improvements Project, in an amount not to exceed
$116,637, and authorize budget changes, was approved.
Councilmember Winterer advised that he removed this item because he was
3 September 9, 2014
recused from participating on the item due to a potential financial conflict
of interest.
BUFFER PARK PROJECT 3 -C: Professional Services Agreement Modification for the Buffer
Park Project — recommendation that the City Manager negotiate and
execute a fourth modification to Professional Services Agreement No. 9639
(CCS) with Mia Lehrer and Associates, to provide additional design
services for the Buffer Park Project, in the amount of $50,413, resulting in
a two -year amended agreement with a new total not to exceed $372,957,
and authorize budget changes, was approved.
3 -D: Recognized Obligation Payment Schedule —recommendation that
RECOGNIZED Santa Monica Redevelopment Successor Agency (Agency) adopt
OBLIGATION PAYMENT Resolution No. 20 (SA) entitled: "A RESOLUTION OF THE SANTA
SCHEDULE MONICA REDEVELOPMENT SUCCESSOR AGENCY APPROVING
AND ADOPTING THE RECOGNIZED OBLIGATION PAYMENT
SCHEDULE FOR JANUARY 2015 — JUNE 2015," approving the
Agency's Draft Recognized Obligation Payment Schedule and Resolution
No. 21 (SA) entitled: "A RESOLUTION OF THE SANTA MONICA
REDEVELOPMENT SUCCESSOR AGENCY APPROVING AND
ADOPTING THE ADMINISTRATIVE BUDGET FOR THE PERIOD
JANUARY 2015 — JUNE 2015, INCLUSIVE ", was adopted.
REED AND OZONE 3 -13: Professional Services Agreement for the Reed and Ozone Parks
PARKS Improvements Project — recommendation that City Manager negotiate
and execute professional services Agreement No. 9966 (CCS) with
Councilmember Winterer was Katharine Spitz Associates, Inc. to provide design services for the Reed
excused at 7: 01 p.m. Park and Ozone Park Improvements Project, in an amount not to exceed
$116,637, and authorize budget changes, was approved.
Councilmember Winterer
returned to the meeting at Councilmember Winterer advised that he removed this item because he was
7:02 p.m. recused from participating on the item due to a potential financial conflict
of interest.
Motion by Councilmember Davis, seconded by Councilmember Vazquez,
to approve the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tent O'Day
NOES: None
ABSENT: Mayor O'Connor
MOTION TO CONTINUE Motion by Councilmember Winterer, seconded by Councilmember
ITEM 13 -B McKeown to continue Item 13 -B to the September 23, 2014 Council
meeting. The motion was approved by acclamation.
4 September 9, 2014
ADMIN. PROCEEDINGS: 8 -A: Bergamot Station Arts Center Policy and Process —
BERGAMOT STATION recommendation that the City Council affirm or identify modifications to
ARTS CENTER the current vision and plan for the Bergamot Station Arts Center; and if
Council affirms the current vision, authorize the City Manager to negotiate
and execute Exclusive Negotiating Agreement No.9967 (CCS) with
26Street TOD Partners LLC to implement the vision for the City -owned
property located at 2525 Michigan Avenue, home to the Bergamot Station
Arts Center, was presented.
Member of the public, , Carl Hansen, Elsa Longhauser, Tomi Jean
Yaghmai, Amy Coane, Kulapet Yantrasast, Nancy Klein, Vicki Baker,
Lynda Dorf, Laura Donnelley (donated time by Lisa Gelber), Suzanne
Young, Adrienne White, Joshua Alvarenga, Patrick Scott, Lisel Taylor,
Phyllis Green, Edie Kahula - Pereria, Susan Morse, Claire Rudd, Gregory
Fischer, Zoe Maetsu, Ray Freedman, Matthew Moore, Asuka Hisa,
Marquita Flowers, Anabel Young, Elizabeth Perza, Amelia Hammond,
Susan Jain, Julia Canahan, Mark Rios, Mark Motonaca, Michele Sartell,
Todd Eriandson, Roger Sherman, Tavi Perttula, Melanie Luthern, Mike
Myers, Abby Sher (donated time by Sheila Pinkel), Rose Dosi, Scott
Ginsburg, Bruria Finkel, James Jacobsen, Beth Burnes, Kate Johnson,
Charles Duncombe, Howard Robinson, Lewis Perkins, Emmanuel
Serriano, Ed Horowitz spoke generally in favor of the recommended action.
Members of the public Gary Schneider, Alfred Ramos, Rob Vounes, Fred
Fisher, Joe Coriarty, John Zinner, Pam Posey, Yossi Govrin, William
Turner (donated time by Carol Kleinman), Lois Lambert, Laura Korman
(donated time by Deborah Korman), Susan Schomburg (donated time by
Richard Cohn), Hannah Sloan, Jeffrey Gordon (donated time by Sean
Reid), Robert Berman (donated time by Carney McGilvray), Lia Skidmore
(donated time by Mike Salazar), Craig Krull, Emmanuel Galvez, Stacy
Dagleish, Laurence Eubank, Jane W. Koehler, Mary Marlow(donated time
by Mark Kreher), Diana Gordon (donated time by Lorraine Sanchez),
Michael Zakian, Larry Skuce, Greg Reitz, Denise Barton, Nancy Morse,
Dr. Daniel Galamba, Jeff Worthe (donated time by Henry Ammer),
Gabriella Rosco, Walter Meyer, Andre Thibodeaur, Janel Krulle, Christel
Andersen, Zoe Muntaner, Carla Danes, Joan Robey, Jeremy Kidd, and Ann
Thanwalla, spoke generally in opposition to the recommended action.
Considerable discussion ensued on topics including the scaling of the
project, a labor peace agreement, retention of the character of Bergamot,
use of adjacent land, formation of a working group and retention of the 1.0
FAR.
Motion by Councilmember Vazquez, seconded by Councilmember
McKeown, to authorize staff to move forward to negotiate and execute an
5 September 9, 2014
Exclusive Negotiating Agreement with the Worthe Real Estate Group and
to direct staff to propose process for identifying a working group to review
the issues, while not affirming the Preferred Concept.
Staff direction was provided.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Davis, Vazquez
Mayor Pro Tern O'Day
NOES: Councilmember Holbrook
ABSENT: Mayor O'Connor
COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Social Services
DISCUSSION ITEMS: Commission for a term ending on June 30, 2016, was continued to
SOCIAL SERVICES September 23, 2014.
COMMISSION
ANNUAL 13 -B: Annual Appointments to the following Boards and
APPOINTMENTS Commissions was continued to September 23, 2014.
Boards /Commission
No.
of Term
Appts.
Ending
Airport Commission
1
6/30/2018
Architectural Review Board
2
6/30/2018
Arts Commission
2
6/30/2018
Commission for the Senior
3
6/30/2018
Community
Commission on the Status of
2
6/30/2018
Women
Convention and Visitors Bureau
3
6/30/2018
Disabilities Commission
3
6/30/2018
Downtown Santa Monica, Inc.
3
6/30/2018
Housing Commission
2
6/30/2018
Landmarks Commission
3
6/30/2018
Library Board
2
6/30/2018
Personnel Board
1
6/30/2019
Planning Commission
1
6/30 /2018
Recreation & Parks
2
6/30/2018
Commission
Social Services Commission
2
6/30/2018
ARTS COMMISSION 13 -C: Appointment to one unscheduled vacancy on the Arts
Commission for a term ending on June 30, 2015, was continued to
September 23, 2014.
6 September 9, 2014
COMMISSION FOR THE 13 -1): Appointment to one unscheduled vacancy on the Commission
SENIOR COMMUNITY for the Senior Community for a term ending on June 30, 2015, was
continued to September 23, 2014.
GRADES OF GREEN 13 -E: Request of Mayor Pro Tem O'Day and Councilmember
TRASH FREE LUNCH Winterer to allocate $20,000 of Council discretionary funds to Grades
PROGRAM of Green Trash Free Lunch program to enroll three new Santa Monica
schools in the two -year program, continue three Santa Monica schools
into a second year of the program and initiate yearlong leadership
program called Youth Corps, where students are empowered by seeing
their green ideas turned into action as they create real change on their
school campus, was presented.
No members of the public spoke on this item.
Motion by Councilmember Winterer, seconded by Councilmember
Holbrook to adopt the requested action. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tem O'Day
NOES: None
ABSENT: Mayor O'Connor
ARTS COMMISSION 13 -F: Recommendation to accept Tanya Brown Merriman's
resignation from the Arts Commission and authorize the City Clerk to
publish the vacancy, was presented.
No members of the public spoke on this item.
Motion by Councilmember Winterer, seconded by Councilmember Davis,
to approve the recommendation with regret.
The motion was approved by a unanimous voice vote, with all members
present excepting Mayor O'Connor.
ARTS COMMISSION 13 -G: Recommendation to accept Joan Robey's resignation from the
Arts Commission and authorize the City Clerk to publish the vacancy,
was presented.
Motion by Councilmember Davis, seconded by Councilmember McKeown,
to approve the recommendation with regret.
The motion was approved by a unanimous voice vote, with all members
present excepting Mayor O'Connor.
7 September 9, 2014
MINIMUM WAGE 13 -H: Request of Mayor O'Connor and Councilmember Davis that
the Council direct staff to follow and analyze Los Angeles Mayor Eric
Garcetti's proposal to raise the minimum wage in the City of Los
Angeles. If Los Angeles raises its minimum wage, staff is further
directed to analyze the effect that raising the minimum wage in Los
Angeles will have on the City of Santa Monica and to place a discussion
regarding the possibility of raising the minimum wage in Santa Monica
on the Council agenda, was presented.
Motion by Councilmember Davis, seconded by Councilmember
McKeown to adopt the requested action. The motion was approved by the
following vote:
The motion was approved by a unanimous voice vote, with all members
present excepting Mayor O'Connor.
Councilmember Holbrook 13 -I: Request of Councilmembers Davis and Winterer that, in
was excused at 12:04 a.m. anticipation of the expiration of the current contract at this site, the
City Manager issue an RFP for children's- oriented activities at the
Mayor Pro Tem O'Day was ingress /egress of the Main Street Farmers Market that gives preference
excused at 12:08 a.m. to partners in our Buy Local initiative and non - animal activities, such
as painting, arts and crafts, gardening, cooking, food preparation and
decoration. If the bids do not meet with Council's approval, Council
may reserve the entrance to the Main Street market for open space or
dining, was presented.
Councilmember Davis nominated Councilmember Winterer to serve as
Acting Chair in Mayor Pro Tern's absence. The motion was accepted by
acclamation.
Members of the public Ira Gottlieb, Marcy Winograd (donated time by Liz
Ford), Nazila Mahgerefteh, Lucy Mueller, Colin Wadkin, Danielle
Charney, Janet McKeithen, Nicole Phillis, Mike Salazar, Zoe Muntaner,
Robin Doyno, Jackie Hirtz, Lisa Chess, Judith Powell, Ruth Olafsdottir,
Robert Goldman, Maria Loya, Catherine Eldridge, and Ed Hunsaker
spoke generally in favor of the recommended action.
Members of the public Stacy Dalgleish, Linde Williston, Chuck Nester,
James Angel,Tawni Angel (donated time by Jason Nester), Ana Maria
Daisy Demars, and a person identifying himself as "People of California"
spoke generally in opposition to the recommended action.
Considerable discussion ensued on topics including health, pony treatment,
Request For Proposal, and operational issues.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
8 September 9, 2014
to approve the requested action with the modification to permit staff to
reconsider the placement of activities in the farmer's market.
Motion to amend by Councilmember Davis to direct staff to either put out a
Request For Proposal or create a pilot educational program. The
amendment was friendly to the seconder.
Motion to amend by Councilmember Davis to additionally direct staff to
look for alternative locations for live animal activities. The amendment was
friendly to the seconder.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Davis, Vazquez
NOES: None
ABSENT: Councilmember Holbrook, Mayor Pro Tern O'Day,
Mayor O'Connor
PUBLIC INPUT: Members of the public Denise Barton, Jeff Michaelson, a person
identifying himself as "People of California ", Johnathan Foster, Zoe
Muntaner, and Miguel Montalvo commented on various local issues.
ADJOURNMENT On order of the Acting Chair, the City Council meeting was adjourned at
1:47 a.m.
ATTEST: _ - APPROV
arah P. Gorman Terry O'Da
City Clerk Mayor Pro T in
September 9, 2014