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m-081214CITY OF SANTA MONICA CITY COUNCIL MINUTES August 12, 2014 A regular meeting of the Santa Monica City Council was called to order by Councilmember McKeown at 5:30 p.m., on Tuesday, August 12, 2014, at City Council Chambers, 1685 Main Street. Roll Call: Present: Councilmember Gleam Davis (arrived at 5:41 p.m.) Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Tony Vazquez Councilmember Ted Winterer Absent: Mayor Pam O'Connor Mayor Pro Tem Terry O'Day Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Sarah P. Gorman CONVENE/PLEDGE In the absence of the Mayor and Mayor Pro Tem, Councilmember Holbrook was selected by all members present to serve as the Acting Chair for the remainder of the meeting. On order of the Acting Chair, the City Council convened at 5:31 p.m., with Mayor O'Connor and Mayor Pro Tem O'Day absent. Councilmember Vazquez led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment on closed sessions. Councilmember Davis On order of the Acting Chair, the City Council recessed at 5:30 p.m., to arrived at 5:41 p.m. consider closed sessions and returned at 6:44 p.m., with Mayor O'Connor and Mayor Pro Tem O'Day absent, to report the following: 1 -A: Conference with Legal Counsel —Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): Banker's Standard Insurance Company v. City of Santa Monica, Los Angeles Superior Court Case Number SC 120 033 The City Attorney advised this matter related to a water main break at 701 Ocean Avenue, with flooding that damaged residents' property. The City Attorney recommended settlement in the amount of $34,974.81. August 12, 2014 Motion by Councilmember Davis, seconded by Councilmember Winterer, to approve recommended Settlement No. 9951 (CCS). The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Davis, Vazquez, Acting Chair Holbrook NOES: None ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day 1 -B: 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 545 191 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): Part 16 administrative complaint filed by NBAA against City on 7/2/14 re grant expiration date 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): 1 case —1236 25th Street The City Attorney advised this matter relates to an estoppel claim relating to an expired permit. The City Attorney recommended a settlement that would provide an extra 180 days to complete work on the property. Motion by Councilmember Winterer, seconded by Councilmember Davis, to approve recommended Settlement No. 9952 (CCS). The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Winterer, McKeown, Acting Chair Holbrook NOES: None ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day 1 -E: Conference with Real Property Negotiator: Property: 402 Colorado, 502 Colorado and 1300 Stewart City Negotiator: Andy Agle, Dir. Housing and Economic Development August 12, 2014 Under Negotiation: Sale and Dedication of Real Property Owner of Record: City of Santa Monica The City Attorney advised this matter was heard and no reportable action was taken. SPECIAL AGENDA 2 -A: Exchange students and families visiting Santa Monica from ITEMS: Sister City Fujinomiya, Japan were introduced and welcomed, by the Acting Chair. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Motion by Councilmember Davis, seconded by Councilmember Winterer, to remove item 3 -G from the Consent Calendar per a recommendation from staff. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Winterer, McKeown, Acting Chair Holbrook NOES: None ABSENT: Mayor O'Connor, Mayor Pro Tem O'Day Members of the public Juan Reinoso (donated time by Maria Gutierrez), Jerry Rubin and George George commented on various Consent Calendar items. Councilmember Davis advised that she wished to pull item 3 -J, and Councihmember Vazquez advised that he wished to pull item 3 -I. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to approve the Consent Calendar except for Items 3 -G, 3 -I and 3 -J, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Davis, Vazquez, Acting Chair Holbrook NOES: None ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day MINUTES 3 -A: The minutes of the July 22, 2014 City Council meeting were approved. FUELING STATION 3 -B: Award Bid for Liquefied Compressed Natural Gas Fueling MAINTENANCE Station Maintenance — recommendation to award Bid #4143 and execute Contract No. 9944 (CCS) with Clean Energy, in an amount not to exceed $250,000 to provide maintenance, repair, set-vice and parts for the Liquefied Compressed Natural Gas (LCNG) fueling station with two August 12, 2014 additional one -year renewal options in the amount of $500,000, for a total not to exceed $750,000 over a three -year period, with future year funding contingent on Council approval and budget adoption, was approved. BRAKE RELINE FITS 3 -C: Award Bid for Brake Reline Kits —recommendation to award Bid #4145 to American Moving Parts, LLC, in an amount not to exceed $300,000 for the purchase and delivery of brake reline kits with two additional one -year renewal options in the amount of $600,000 for a total not to exceed $900,000 over a three -year period, with future year funding contingent on Council approval and budget adoption, was approved. DOWNTOWN SANTA 3 -1): Downtown Santa Monica, Inc. (DTSM) FY 2014/15 Budget and MONICA, INC. Work Plan — recommendation that the City Council approve the Downtown Santa Monica, Inc. (DTSM) Budget and Work Plan for FY 2014/15, was approved. ENERGY EFFICIENCY 3 -E: Technical Assistance For Energy Efficiency Improvements for IMPROVEMENTS the City's Water Production and Treatment Facilities — recommendation to adopt Resolution No. 10829 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE APPLICATION FOR TECHNICAL ASSISTANCE FROM THE CALIFORNIA ENERGY COMMISSION TO IMPROVE ENERGY EFFICIENCY OF CITY'S WATER PRODUCTION AND TREATMENT FACILITIES ", was adopted. STRATEGIC 3 -F: Strategic Prevention Framework — State Incentive Grant — PREVENTION recommendation to authorize the City Manager to accept a grant awarded FRAMEWORK in the amount of $48,000 from the Strategic Prevention Framework — State Incentive Grant program for Santa Monica's participation as a project community in the Westside Impact Project; authorize the City Manager to negotiate and execute professional services Agreement No. 9945 (CCS) with the Institute for Public Strategies; and, authorize budget changes, was approved. PARKING LOTS 10 & 11 3 -H: Award Construction Contract for Paving Main Street Parking Lots 10 & 11— recommendation to award Bid #SP2237 for paving Main Street Parking Lots 10 and 11 to PALP, Inc. dba Excel Paving Company, in an amount not to exceed $270,487; and authorize the City Manager to negotiate and execute Contract No. 9946 (CCS) for paving Main Street Parking Lots 10 and 11 with PALP, Inc. dba Excel Paving Company, in an amount not to exceed $270,487; and, authorize budget changes, was approved. OLYMPIC TREATMENT 3 -K: Award Professional Services Agreement for Olympic Treatment PLANT PILOT STUDY Plant Pilot Study — recommendation to authorize the City Manager to negotiate and execute professional services Agreement No. 9949 (CCS) with Black and Veatch, in an amount not to exceed $800,000, for the 4 August 12, 2014 Olympic Treatment Plant Pilot Study, and authorize budget changes, was approved. WELLBEING 3 -L: Modification of Agreement for Professional Services Related to INITIATIVES Santa Monica Cradle to Career and Wellbeing Initiatives — recommendation to: authorize the City Manager to negotiate and execute a fourth modification to Professional Services Agreement No. 9714 in an amount of $85,000 with Jonathan Mooney, to provide strategic planning, facilitation, and support to the ongoing development of Community and Cultural Services' wellbeing projects, including the Santa Monica Cradle to Career Initiative and the Wellbeing Index, resulting in a four year agreement in the amount of $262,500, was approved. 2525 MICHIGAN 3 -M: Convey a portion of City -owned property at 2525 Michigan AVENUE Avenue — recommendation to authorize the City Manager to execute all documents necessary to convey a portion of City -owned property at 2525 Michigan Avenue to the Los Angeles County Metropolitan Transit Authority (Metro) for the construction and operation of the Exposition Light Rail Transit (EXPO LRT) station, was approved. HEAL THE BAY 3 -N: Sole Source Agreement with Heal the Bay —recommendation to authorize the City Manager to negotiate and execute a sole source professional services agreement No. 9950 (CCS), with Heal the Bay, in an amount not to exceed $150,000 for educational consulting services and programming for students at public and private schools located in Santa Monica over a five year period with future year funding contingent on Council budget approval; and approve Resolution No. 10830 (CCS), entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY OF SANTA MONICA TO OFFER PARKING AT NO COST AT ITS CITY -OWNED BEACH PARKING LOTS TO VOLUNTEERS OF CALIFORNIA COASTAL CLEAN -UP DAY 2014 ON SEPTEMBER 20, 2014 UNTIL 12:00 PM ", was approved. LOS AMIGOS PARK 3 -G: Award Design Contract for Los Amigos Park Stormwater STORMWATER Harvesting and Direct Use Demonstration Project — recommendation to HARVESTING authorize the City Manager to negotiate and execute a professional services agreement with California Watershed Engineering, in an amount not to exceed $192,500 to provide engineering design services, develop construction documents, and provide engineering support during construction for the Los Amigos Park Stormwater Harvesting and Direct Use Demonstration Project; and, authorize budget changes, was continued to the August 26, 2014 council meeting. GRAFFITI REMOVAL 3 -1: Award Contract for Graffiti Removal Services — SERVICES recommendation to award Bid 44160 to Graffiti Control Systems, to provide graffiti removal services for three years in an amount not to exceed August 12, 2014 $200,000, and authorize the City Manager to negotiate and execute Contract No. 9947 (CCS) with Graffiti Control Systems for graffiti removal services, in an amount not to exceed $200,000 for three years, with future year funding contingent on Council approval and budget adoption, was presented. Councilmember Vazquez advised that he removed the item to receive additional information. Motion by Councilmember Vazquez, seconded by Councilmember Winterer, to approve the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Davis, Vazquez, Acting Chair Holbrook NOES: None ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day CUSTODIAL SERVICES 3 -J: Contractual Services Agreement with United Maintenance Company for Interim Custodial Services — recommendation to authorize the City Manager to negotiate and execute contractual services Agreement No. 9948 (CCS) with United Maintenance Company in an amount not to exceed $266,038 to provide interim custodial services at the Public Safety Facility, the Santa Monica Pier, the Animal Shelter and 1730 01 Street on a month -to -month basis through December 31, 2014, or until a formal contract is awarded and contractor is ready to start operations, whichever comes first, was presented. Councilmember Davis advised that she removed the item to receive additional information. Motion by Councilmember Davis, seconded by Councilmember McKeown, to approve the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Winterer, McKeown, Acting Chair Holbrook NOES: None ABSENT: Mayor O'Connor, Mayor Pro Tem O'Day ORDINANCES: 7 -A: Second Reading and Adoption of Ordinance No. 2466 (CCS) LUCE entitled: "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING AND EXTENDING INTERIM ORDINANCE NUMBER 2460 (CCS), WHICH ESTABLISHED INTERIM DEVELOPMENT PROCEDURES PENDING IMPLEMENTATION OF THE LUCE, INCLUDING MODIFICATIONS ADDRESSING ORDINANCE APPLICABILITY, CM DISTRICT NON- 6 August 12, 2014 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 EXISTINGNONCONFORMING 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 DINING, PROVIDED AN INTERIM USE PERMIT APPROVAL PROCESS FOR THE BERGAMOT PLANNING AREA AND CLARIFIED THAT THE BERGAMOT AREA PLAN DEVELOPMENT STANDARDS FOR TIER 1 PROJECTS AND AUTHORIZED USES SUPERSEDE THE REQUIREMENT OF THE ZONING ORDINANCE TO THE EXTENT OF ANY INCONSISTENCY," was presented. Councilmember Holbrook stated that he owned a financial interest in Councilmember Holbrook property within the boundaries of the item, and left the dais and Council was excused from Council Chambers due to the conflict of interest. Chambers and left at 7:10 p.m. Motion by Councilmember McKeown, seconded by Councilmember Davis, 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, Davis, Vazquez NOES: None ABSENT: Acting Chair Holbrook, Mayor O'Connor, Mayor Pro Tern O'Day 2012 LIBRARY GENERAL 7 -B: Introduction and Adoption of Ordinance No. 2467 (CCS) OBLIGATION entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY REFUNDING BONDS OF SANTA MONICA SETTING THE 2014/15 TAX RATE FOR THE LIBRARY GENERAL OBLIGATION BONDS," was presented. Councilmember Holbrook returned to the dais at 7:12 There were no members of the public present on this item. p.m. Motion by Councilmember McKeown, seconded by Councilmember Vazquez, to introduce 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, Acting Chair Holbrook NOES: None August 12, 2014 ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day STAFF 8 -A: Santa Monica Airport Leasing Guidelines — recommendation that ADMINISTRATIVE the City Council approve Leasing Guidelines for the leasehold and license ITEMS: management of properties at the Santa Monica Airport, was presented. AIRPORT LEASING GUIDELINES Members of the public John Jerabek, Greg Chadwick, Sherry Frumkin, Jerry Rubin, J. Weiss, Ty Costa Moura, Yossi Gourin, Lola Delfresno, John Fairweather, Michael Feinstein, George George, Alan Levenson, Joe Schmitz, David Klass, Jonathan Stein (donated time by Lucia Klass), Gavin Scott, Andrew Gledhill, Mike Salazar, Jim Redden and Susan Hartley, spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including, but not limited to review of the topic by the Airport Commission and options with month to month and yearly leases. Motion by Councilmember McKeown, seconded by Councilmember Davis, to send the item to the Airport Commission and give them time to investigate and recommend. Motion to amend by Councilmember Winterer to revise the leasing guidelines, send the item to the Airport Commission, and return to Council at an appropriate time. The motion to amend was accepted as friendly by the maker and seconder. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Davis, Vazquez, Acting Chair Holbrook NOES: None ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day WATER SUPPLY 8 -B: Recommendation to Adopt a Resolution Declaring a Stage 2 SHORTAGE Water Supply Shortage - recommendation that the City Council adopt Resolution No. 10831 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING A STAGE 2 WATER SUPPLY SHORTAGE," was presented. Members of the public Judy Abdo and Michael Feinstein spoke generally in favor of the recommended action. Members of the public Denise Barton, Stephen Youngerman, George George, Art Casillas, and Catherine Eldridge spoke generally in opposition to the recommended action. August 12, 2014 Considerable discussion ensued on topics including, but not limited to water conservation, drought conditions, and multi - family water meters. Motion by Councilmember Vazquez, seconded by Councilmember Winterer, to adopt the staff recommendation. Motion to amend by Councilmember McKeown to provide staff direction to investigate the possibility of a more equitable water reduction target for commercial and residential properties. The motion was accepted as friendly by the maker and seconder. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Winterer, McKeown Acting Chair Holbrook NOES: None ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day PUBLIC HEARINGS: 9 -A: Compliance with the Congestion Management Program, and CONGESTION Related Development Report — recommendation that the City Council MANAGEMENT hold a public hearing, receive public comment, and adopt Resolution No. PROGRAM 10832 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089," was presented. Members of the public Denise Barton spoke generally 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: Councilmembers McKeown, Winterer, Davis, Vazquez, Acting Chair Holbrook NOES: None ABSENT: Mayor O'Connor, Mayor Pro Tem O'Day COUNCILMEMBER 13 -A: Recommendation to accept Erin Hand's resignation from the DISCUSSION ITEMS: Social Service Commission and authorize the City Clerk to publish the SOCIAL SERVICE vacancy, was presented. COMMISSION There was no one present for public comment. Motion by Councilmember Vazquez, seconded by Councilmember Davis, August 12, 2014 to approve the recommendation with regret. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Winterer, McKeown, Acting Chair Holbrook NOES: None ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day PUBLIC INPUT: Members of the public Miguel Montalvo (donated time by Timothy Caldwell), Bill Wolden, Zoe Muntaner, Denise Barton, Art Casillas, John Foster and Dhun May commented on various local issues. ADJOURNMENT On order of the Acting Chair, the City Council meeting was adjourned at 9:36 p.m. in memory of Elaine Gail Fraynd Ulrich and Robin Williams. ATTEST: 1 Sarah P. Gorman City Clerk APPROVED: Bob Holbrook Acting Chair 10 August 12, 2014