(NOT APPROVED)

 

CITY OF SANTA MONICA

 

CITY COUNCIL MINUTES

 

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-B:     Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2): 1 case – 402 Colorado

 

The City Attorney advised this matter was heard and no reportable action was taken.

 

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 COMPENSATION

 

Pursuant to State law, City Clerk Sarah Gorman announced that Council will receive no compensation for meeting as the Redevelopment Successor Agency.

 

 

CONSENT CALENDAR:

 

JOINT MEETING

All items were considered and approved in one motion unless removed by a Councilmember for discussion.

 

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-B, 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 Tem 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 PARK IMPROVEMENTS

3-B:     Professional Services Agreement for the Reed and Ozone Parks 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 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.

 

 

 

RECOGNIZED OBLIGATION PAYMENT SCHEDULE

3-D:     Recognized Obligation Payment Schedule – recommendation that Santa Monica Redevelopment Successor Agency (Agency) adopt Resolution No. 20 (SA) entitled: “A RESOLUTION OF THE SANTA 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 PARKS

 

Councilmember Winterer was excused at 7:01 p.m.

 

Councilmember Winterer returned to the meeting at 7:02 p.m.

3-B:     Professional Services Agreement for the Reed and Ozone Parks 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 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 Tem O’Day

NOES:        None

ABSENT:   Mayor O’Connor

 

 

MOTION TO CONTINUE ITEM 13-B

Motion by Councilmember Winterer, seconded by Councilmember McKeown, to continue Item 13-B to the September 23, 2014 Council meeting. The motion was approved by acclamation.             

 

 

ADMIN. PROCEEDINGS:

BERGAMOT STATION ARTS CENTER

8-A:     Bergamot Station Arts Center Policy and Process – recommendation that the City Council affirm or identify modifications to 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 Camey 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 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 Tem O’Day

NOES:        Councilmember Holbrook

ABSENT:   Mayor O’Connor

 

 

COUNCILMEMBER DISCUSSION ITEMS:

SOCIAL SERVICES COMMISSION

13-A:   Appointment to one unscheduled vacancy on the Social Services Commission for a term ending on June 30, 2016, was continued to September 23, 2014.

 

 

 

ANNUAL APPOINTMENTS

13-B:   Annual Appointments to the following Boards and Commissions was continued to September 23, 2014.

 

Boards/Commission

No. of Appts.

Term Ending

Airport Commission

1

6/30/2018

Architectural Review Board

2

6/30/2018

Arts Commission

2

6/30/2018

Commission for the Senior Community

3

6/30/2018

Commission on the Status of Women

2

6/30/2018

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 Commission

2

6/30/2018

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. 

 

 

COMMISSION FOR THE SENIOR COMMUNITY

13-D:   Appointment to one unscheduled vacancy on the Commission for the Senior Community for a term ending on June 30, 2015, was continued to September 23, 2014.

 

 

GRADES OF GREEN TRASH FREE LUNCH PROGRAM

13-E:   Request of Mayor Pro Tem O’Day and Councilmember Winterer to allocate $20,000 of Council discretionary funds to Grades 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.

 

 

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 was excused at 12:04 a.m.

 

Mayor Pro Tem O’Day was excused at 12:08 a.m.

 

13-I:    Request of Councilmembers Davis and Winterer that, in anticipation of the expiration of the current contract at this site, the City Manager issue an RFP for children's-oriented activities at the ingress/egress of the Main Street Farmers Market that gives preference 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 Tem’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, 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 Tem 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:                                                         APPROVED:



Sarah P. Gorman                                             Terry O’Day
City Clerk                                                       Mayor Pro Tem