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CITY COUNCIL MINUTES
MAY 14, 2013
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 14, 2013, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor
Mayor Pro Tern Terry O'Day (arrived at 6.45 p. m.)
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Tony Vazquez (arrived at 8:08 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 all
members present, except Mayor Pro Tem O'Day and Councilmember
Vazquez. Councilmember Davis led the assemblage in the Pledge of
Allegiance.
CLOSED SESSIONS: Member of the public Denise Barton commented on Item 1 -A.
On order of the Mayor, the City Council recessed at 5:36 pm to consider
closed sessions and returned at 6:40 pm, with all members present,
excepting Mayor Pro Tern O'Day and Councilmember Vazquez, to report
the following:
1 -A: Conference with Labor Negotiator.
City Negotiator: Donna Peter, Director of Human Resources
Bargaining Units: Administrative Team Associates (ATA)
Management Team Associates (MTA)
Supervisory Team Associates (STA)
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
May 14, 2013
1 -B: Conference with Legal Counsel —Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2) — 2 Cases - 1) Claim of Danny Galvan c&
Sandra Ramirez — Claim Number 12 -1050 2) 2009 La Mesa
In the claim of Danny Galvan and Sandra Ramirez, City Attorney Marsha
Moutrie recommended Settlement No. 9478 (CCS) in the amount of
$15,000 for a brain injury suffered by a high school student in a baseball
game with a police officer and Settlement No. 9479 (CCS) in the amount of
$10,000 to claimant Ramirez, mother of claimant Galvan.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve the proposed settlement. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis
Mayor O'Connor
NOES: None
ABSENT: Councilmembers Vazquez, Mayor Pro Tern O'Day
In the dispute with the owners of the property 2009 La Mesa, a historic
home in an R -1 residential neighborhood, the proposal and recommendation
from City Attorney Marsha Moutrie is to settle the dispute on the following
terms: The city will final the building permit if the owners complete all the
required work; the owner has agreed to remove the couch from the roof, the
owner has agreed to either remove the pool equipment from its present
location or obtain a variance to leave it in its present location; further, the
owner has acknowledged in writing that since the property is located in an
R -1 zone no commercial business can be operated at the property including
no commercial recording studio; and finally, the owner agreed to indemnify
the city if there is a legal challenge related to the finaling of the permit.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to approve the proposed settlement. The motion was approved by the
following vote:
AYES: Councilmembers Davis, Holbrook, Winterer, McKeown,
Mayor O'Connor
NOES: None
ABSENT: Councilmembers Vazquez, Mayor Pro Tern O'Day
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 et al. v. California
Department of Finance et al., Sacramento Superior Court Case
Number 34- 2013- 80001383
May 14, 2013
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
SPECIAL AGENDA 2 -A: Mayor O'Connor issued a proclamation declaring May 2013 as
ITEMS: Mental Health Awareness Month in the City of Santa Monica.
Tom Peters of the Disabilities Commission accepted the proclamation.
2 -B: Mayor O'Connor issued a proclamation declaring May 2013 as
Older Americans Month in the City of Santa Monica.
Barry Seid and Nel Bullard Steele from the Commission for the Senior
Community accepted the proclamation.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Mayor Pro Tem O'Day
arrived at 6:45 pm. Member of the public Jerry Rubin spoke regarding various Consent
Calendar items.
Motion by Councilmember Winterer, seconded by Councilmember
McKeown, 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 McKeown, Winterer, Holbrook, Davis,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Vazquez
MINUTES 3 -A: The minutes of the March 12, 2013, City Council meeting were
approved as submitted.
MULTI - HAZARD 3 -B: Update to the Santa Monica Multi Hazard Functional
FUNCTIONAL Emergency Plan — recommendation that City Council approve the update
EMERGENCY PLAN to the City of Santa Monica Multi- hazard Functional Emergency Plan, was
approved.
"ANY LINE, ANY TIME" 3 -C: Big Blue Bus Unlimited Ride Transit Program with Santa
UNLIMITED RIDE Monica College — recommendation to authorize the City Manager to
TRANSIT PROGRAM negotiate and execute Agreement No. 9735(CCS) to renew the "Any Line,
Any Time" unlimited ride transit program between the Big Blue Bus and
Santa Monica College in the amount of $1,317,040 for transit services
provided during FY 2013 -14, was approved.
May 14, 2013
TAX AND TAX AUDIT 3 -D: Parking Facilities Tax and Business License Tax Audit Services
SERVICES — recommendation to authorize the City Manager to negotiate and execute
two -year professional services Agreement No. 9736 (CCS) with
MuniServices, in an amount not to exceed $221,262 for parking facilities
tax and business license tax audit services, was approved.
PAVING AND 3 -E: Award Contracts for Annual Paving and Sidewalk Repair
SIDEWALK REPAIR Project — recommendation to authorize the City Manager to negotiate and
execute Contract No. 9737 (CCS) with Toro Enterprises, Inc. in an amount
not to exceed $2,404,836 for Annual Paving and Sidewalk Repair Project;
and Contract No. 9738 (CCS) with Civil Source, Inc. in an amount not to
exceed $254,054 for construction management and inspection services for
the Annual Paving and Sidewalk Repair Project; appropriate the budget
changes; and authorize necessary changes, was approved.
UNIVERSALLY 3 -F: Contract Modification for Construction Services for the
ACCESSIBLE Universally Accessible Playground Project — recommendation to
PLAYGROUND authorize the City Manager to negotiate and execute a first modification to
Construction Contract No. 9644 (CCS), with Micon Construction, hic. in
the amount of $102,762 to provide additional construction services for the
Universally Accessible Playground, resulting in an amended contract with a
new total amount not to exceed $1,101,243 over a one -year period; and
authorize necessary changes, was approved.
FORD PARTS 3 -G: Award Bid for the Purchase and Delivery of Ford Parts —
recommendation to award Bid No. F4023 to Buerge Ford, Inc., in the
amount of $45,000 for the purchase and delivery of Ford Original
Equipment Manufacturer (OEM) parts, with two one -year renewal options,
for a total amount not to exceed $135,000 over a three -year period, was
approved.
POLICE 3 -H: Award Bid for Purchase of Nine Police Motorcycles —
MOTORCYCLES recommendation to award Bid No. F4049 to Hollister Honda, in the amount
of $234,433 for the purchase and delivery of nine police motorcycles, was
approved.
INLINE STORM 3 -I: Award Construction Contract for the Inline Storm Drain
DRAIN RUNOFF Runoff Infiltration Pilot Project — recommendation to authorize the City
INFILTRATION Manager to negotiate and execute Contract No. 9739 (CCS) with Blois
Construction, Inc., in an amount not to exceed $182,070 for the Inline
Storm Drain Runoff Infiltration Pilot Project; and authorize necessary
changes, was approved.
VEHICLE FILTERS 3 -J: Reject Bids for the Purchase and Delivery of Vehicle Filters and
AND PARTS Miscellaneous Parts — recommendation to reject all bids received on
4 May 14, 2013
February 4, 2013 for the purchase and delivery of vehicle filters and
miscellaneous parts; and direct staff to modify and reissue a bid in order to
obtain the best bidder for vehicle filters and miscellaneous parts, was
approved.
ANIMAL CONTROL 3 -K: Reject Bids for the Purchase of Three Animal Control Unit
UNIT VEHICLES Vehicles — recommendation to reject all bids received on February 15,
2013 for the purchase and delivery of three new vehicles for the Police
Department's Animal Control Unit; and direct staff to reissue a bid for new
animal control vehicles after a needs evaluation is completed, was
approved.
STUDY SESSION: 4 -A: Sustainable Water Master Plan Status Update —
SUSTAINABLE WATER recommendation to direct staff to proceed with the Sustainable Water
MASTER PLAN Master Plan (SWMP) and fully develop Option 1; review and comment on
SBx7 -7 water use goal of 123 gallons per capita per day (GPCD) and direct
staff to change the next Urban Water Management Plan (UWMP) SBx7 -7
water use goal from 123 GPCD to 141 GPCD at the UWMP 2015 update;
and direct staff to proceed with the water and wastewater rate study, was
introduced.
Members of the public Judy Abdo, Caryn Mandelbaum, Tracy Quinn,
Andy Lipkis, and Conner Everts spoke regarding the item.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
O'Day, to move forth with staff recommendation Option 1 directing staff to
proceed with the Sustainable Water Master Plan (SWMP) and fully develop
Option 1, with creativity and collaboration and with rigorous analysis, to
approve staff recommendation Option 3 directing staff to proceed with the
water and wastewater rate study, and to pause on Option 2 leaving the
GPCD at 123 for the time being pending receiving more information. The
motion was approved by the following vote:
AYES: Councilmembers Davis, Holbrook, Winterer, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Vazquez
ORDINANCES: 7 -A: Introduction and first reading of an ordinance adopting
13182 "d STREET Development Agreement 12DEV -001 to allow a new 4 -story mixed -use
development project consisting of 53 residential units and 6,664 Square
Councilmember Vazquez Feet of ground floor commercial space at 1318 2nd Street, was
arrived at 8:08 pm. presented.
Dale Goldsmith, David Hibbert, John Zinner, Glen Boldt, and Steven
Fifield, representing the applicant, spoke regarding the project and
May 14, 2013
answered questions from Council.
Member of the public Carol Lemlein spoke in support of the community
benefits arising fiom the recommended action.
Members of the public Denise Barton, Sue Himmelrich, Mark Lipman
spoke in opposition to the recommended action.
Member of the public Jerry Rubin spoke in favor of the recommended
action with the developer's proposed changes.
Considerable discussion ensued on topics including community benefits,
natural light, parking, and private open space.
Motion by Mayor Pro Tem O'Day, seconded by Councilmember Holbrook,
to introduce the ordinance for first reading, reading by title only and
waiving further reading thereof, approving the staff recommendation with
the amendments offered by the developer to include the additional
affordable housing units at the mix that was proposed by the developer; not
requiring LEED certification but use of money towards improvements;
inclusion of additional photovoltaic solar panels; and exemption from the
in lieu parking fee.
Councilmember Winterer made a substitute motion, seconded by
Councilmember Vazquez, to continue this item to a subsequent meeting.
Councilmember Winterer re- stated the substitute motion to continue this
item and return for consideration in a month to address the points discussed
by Council. The points are to trade off the parking in lieu fee for an
affordable housing component that mirrors what the Planning Commission
recommended; to trade off the LEED Platinum Certification for installation
of additional photovoltaic solar panels; and, to make minor changes to
language in the Transportation Demand Management. The substitute
motion failed by the following vote:
AYES: Councilmembers McKeown, Winterer, Vazquez
NOES: Councilmembers Holbrook, Davis, Mayor Pro Tem O'Day,
Mayor O'Connor
ABSENT: None
Motion to amend main motion by Councilmember Winterer, to include in
the initial leasing a 60 to 90 days marketing leasing strategy for workers in
the Downtown Santa Monica area first before reaching beyond the borders
of Downtown Santa Monica. The motion was accepted as friendly to the
maker and seconder.
May 14, 2013
Barry Rosenbaum, Senior Land Use Attorney, stated the proposed
amendments to the Ordinance adopting the Development Agreement.
Recommendation to replace existing language under section
2.6.2(b) with the proposed language in the developers May 14, 2013
letter, excluding the final sentence. The proposed recommended
language is "Prior to issuance of final certificate of occupancy for
the project the developer shall provide to the City certification from
the LEED professional confirming that the project has achieved
sustainable design status."
2. Regarding the affordable units, the recommendation is that the
language of the form that appears in the development agreement be
maintained which demarcates those units which are required as part
of the Affordable Housing Production Program (AHPP) and those
units that are considered community benefits. The language would
be revised in terms of the unit mix and the affordability as proposed
by the developers, but would retain the form that is in the
development agreement, agreed that the definitions would be
replaced as recommended. Other places in the development
agreement where it refers to the staff proposed number of affordable
units, such as Section 2.2, would be changed to reflect this proposal
and any other provisions in the development agreement that reflect
the old provision would be modified.
3. Regarding marketing, the recommendation for the proposed
language under section 2.6.2(h)(3)(b) is "Developers shall market
these units exclusively to downtown employers and their employees
for a period of 90 days when these units are initially offered for
rent." Also, as vacancies occur priority would be given to
applicants that work in the downtown area.
4. Recommendation to double the number of rooftop photovoltaic
solar panels.
5. Correction to the ordinance for 1" reading. Under the provision
which references the California Environmental Quality Act
(CEQA), section 21159 should be changed to 21159.24.
7 May 14, 2013
The main motion, as amended, was approved by the following vote:
AYES: Councilmembers Davis, Holbrook, Mayor Pro Tern O'Day,
Mayor O'Connor
NOES: Councilmembers Vazquez, Winterer, McKeown
ABSENT: None
Councilmember McKeown stated, for the record, that he voted no and
preferred the substitute motion because the decision tonight was based on
information not available to the Council or the public until after the
meeting had begun and that he felt any decision made tonight was therefore
inherently rushed and not given the thoughtful responsive consideration
that he thinks the complex trade -offs deserve. He believes they could have
negotiated better for the community.
Councilmember Winterer stated, for the record, that his "no" vote is
because he felt they could have negotiated for more affordable units and
more photovoltaic panels.
STAFF ITEMS: 8 -A: Colorado Esplanade Final Design and Civic Center Specific
COLORADO Plan (CCSP) Amendment — recommendation to approve the final design
ESPLANADE AND CIVIC for the full Colorado Esplanade as proposed, direct staff to prepare a bid
CENTER SPECIFIC PLAN package, and solicit bids for the reduced footprint core project, was
presented.
Members of the public Jerry Rubin, Paula Larmore spoke generally in
support of the recommended action.
Members of the public Denise Barton, Michael Feinstein and Linda Piera-
Avila spoke in opposition to the recommended action.
Motion by Councilmember McKeown, seconded by Councilmember
Vazquez, to approve the staff recommendation with an amendment to have
the Gateway Triangle be more of a public gathering and people watching
area and less of a constrained garden.
Motion to amend by Councilmember Winterer, that the tree selection not be
changed without coming to council. The motion was accepted as friendly
to the maker and seconder. The motion, as amended 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
May 14, 2013
CONTINUE WITH Motion by Councilmember McKeown, seconded by Councilmember
REMAINING AGENDA Winterer, to continue with the remaining items on the agenda, past 11:00
ITEMS PAST 11:00 P.M. p.m. The motion was approved by voice vote, with Mayor O'Connor
absent.
MOVE TO AMEND
8 -B: Resolution No. 10745 (CCS) to support the Move to Amend
CAMPAIGN
Campaign — recommendation to adopt Resolution No. 10745 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Mayor O'Connor was
SANTA MONICA TO SUPPORT THE MOVE TO AMEND
excused at 11:23 p.m.
CAMPAIGN'S CALL FOR AN AMENDMENT TO THE U.S.
CONSTITUTION TO ABOLISH CORPORATE PERSONHOOD ", was
presented.
Members of the public Michele Sutter, Juliet Jimenez, Cris Gutierrez,
Linda Piera- Avila, Aubrey Dondick, Jerry Rubin, Mary Beth Fielder,
Stephen Bass, Michael Feinstein, Steve Duren, Charles Fredricks, Anjuli
Kronheim, and Joe Faris spoke in support of the recommended action.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to adopt Resolution No. 10745 (CCS), supporting the Move to
Amend Campaign, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Holbrook, Winterer, McKeown,
Mayor Pro Tem O'Day
NOES: Councilmembers Davis
ABSENT: Mayor O'Connor
RESOLUTIONS: 11 -A: Amendment and Expansion of Preferential Parldng Zone E —
PREFERENTIAL recommendation to adopt Resolution No. 10746 (CCS) entitled: "A
PARKING ZONE E RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING AND EXPANDING PREFERENTIAL
Councilmember Davis was PARKING ZONE E AND AMENDING RESOLUTION 9344
excused at 12:04 a.m. "PREFERENTIAL PARKING ZONES" CCS BY REPLACING EXHIBIT
A ", was presented.
Councilmember Davis recused herself from discussion and action to be
taken on this matter and left the dais because her residence is within 500
feet of the proposed decision.
Member of the public Reid Shane spoke in support of the resolution.
Motion by Councilmember Winterer, seconded by Councilmember
Vazquez, to adopt Resolution No. 10746 (CCS), amending and expanding
Preferential Parking Zone E, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
May 14, 2013
AYES: Councilmembers McKeown, Winterer, Vazquez,
Mayor Pro Tern O'Day
NOES: Councilmember Holbrook
ABSENT: Councilmember Davis, Mayor O'Connor
PREFERENTIAL
11 -8: Amendment of Preferential Parking Zone T —recommendation
PARKING ZONE T
to adopt Resolution No. 10747 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
Councilmember Davis
AMENDING PREFERENTIAL PARKING ZONE T AND AMENDING
returned at 12 :21 a.m.
RESOLUTION 9344 "PREFERENTIAL PARKING ZONES" CCS BY
REPLACING EXHIBIT A ", was presented.
Councilmember Holbrook
Members of the public Marcia Zimmer and Michael Tarbet spoke in
was excused at 12 :23 a.m.
support of the resolution.
Motion by Councilmember Davis, seconded by Councilmember McKeown,
to adopt Resolution No. 10747 (CCS), amending Preferential Parking
Zone T, 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
NOES: None
ABSENT: Councilmember Holbrook, Mayor O'Connor
COUNCIL ITEMS: 13 -A: Recommendation to accept Autumn Peebles' resignation from
RESIGNATION the Commission on the Status of Women and authorize the City Clerk
to publish the vacancy, was presented.
There was no one present for public comment.
Motion by Councilmember Winterer, seconded by Councilmember
Vazquez, to approve the recommendation with regrets. The motion was
unanimously approved by voice vote, with Councilmember Holbrook and
Mayor O'Connor absent.
COMMERCIAL 13 -13: Request of Councilmembers Davis, Holbrook, and McKeown
PROPERTY TAX that the Council support commercial property tax reform that will
REFORM require commercial properties to be reassessed regularly, while
maintaining residential property owners' protections under Prop 13;
and direct that our position be communicated to our lobbyist, our state
legislators, and Governor Brown, was presented.
Members of the public Steve Duren and Cindy Henderson spoke in support
of the recommended action.
10 May 14, 2013
Motion by Councilmember McKeown, seconded by Councilmember Davis
to approve the request. The motion was unanimously approved by voice
vote, with Councilmember Holbrook and Mayor O'Connor absent.
Council provided staff direction to find out the last time the Water Gardens,
the Yahoo Center, and the Arboretum were assessed.
4TH OF JULY PARADE 13 -C: Request of Councilmember Winterer that the Council allocate
$10,650 of Council discretionary funds to the Ocean Park Association's
Fourth of July Parade account as a grant to offset City fees for this
annual event, was presented.
There was no one present for public comment.
Motion by Councilmember Winterer, seconded by Councilmember
McKeown, to approve the request in the amount of $7,763.71, with a ten
percent contingency of $8,540.00. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Winterer, Davis, Vazquez,
Mayor Pro Tern O'Day
NOES: None
ABSENT: Councilmember Holbrook and Mayor O'Connor
PUBLIC INPUT: There was no one present for public comment.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:50
a.m. in memory of Dorma Lee Andrews.
ATTEST: APPROVED:
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Sar P. Gorman Ta O'C onnor City Clerk r
11 May 14, 2013