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M-042611CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 26, 2011 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:40 p.m., on Tuesday, Apri126, 2011, at City Council Chambers, 1685 Main Street. Roll Call: Fresent: Mayor Richard Bloom Mayor Pro Tem Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Pam O'Connor (arrived at 5:51 p.m.) Councilmember Terry O'Day (arrived at 6:00 p.m.) Councilmember Bobby Shriver (arrived at 6:19 p.m.) Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie Assistant City Clerk Beth Sanchez CONVENE/PLEDGE On order of Mayor, the City Council convened at 5:40 p.m., with Cotmcilmembers O'Connor, O'Day, and Shriver absent. Assistant City Attorney Joseph Lawrence led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Member of the public Joey Fullmer commented on Item 1-A. On order of the Mayor, the City Council recessed at 5:44 p.m., to consider Councilmember O'Connor closed sessions and reconvened at 7:00 p.m., arith all members present, to m-rived at 5: JI p. m. report the following: Councilmember O Day 1-A: Conference with Labor Negotiator. arrived at 6: DD p.m. City Negofiator: Donna Peter, Iluman Resources Dir. Bargaining Units: Coalition of Santa Monica Employees: Councilmember Shriven Administrative Team Associates (ATA} arrived at 6:19 p. rn. Publac Attorney's Legal Support Staff Union (PALSSU) Management Team Associates (MTA} Mllnlelpal Employees Assoeratron (MEA} Publis Attorney's Union {PAU) Santa Monica Firefighters, Loca11109 (SMFFA) Supervisory Team Associates (STA) United Transportation Union, Local 1785 (UT1J} Police Officers' Association (POA) Coalition of Santa Monica City Employees The City Attorney reported that this matter was heard and no reportable Apri126, 201 l action was taken. 1-B: Conference with Legal Counsel -Existing Litigation: Embassy LLC and PRG Embassy, LP v. City of Santa 1Vlonica et al., Los Angeles Superior Court Case Number BS 119080. The City Attorney reported that this matter was not heard. 1-C: Conference with Legal Counsel -Anticipated Litigatoon: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 {b): 1 case (702 Arizona Avenue, 1319-1317 7th Street). The City Attorney reported that this item was heard in Closed Session. The developers proposed a settlement agreement that was contingent upon the Council adopring the interim zoning ordinance extension authorizing administrative approvals for the two projects at 702 Arizona Avenue and 1315-1317 7th Street. If the interim zoning ordinance is adopted with Option A, the administrative approval option, the settlement could occur on the following terms: ® Within 15 days of the settlement agreement's effective date, the developer would file two draft development agreement proposals. ® The City would not charge a filing fee for considering these development agreement proposals and the City and the developer would pramptly commence negotiations on those two development; agreement proposals, which negotiations would include specified topics. ^ The City would expedite the processing of the development agreements with a goal that within 90 days, and in any event no later than 150 days, of the settlement agreement's effective date, an agreement on the development agreements would have been reached. ^ The development agreement applications would request that the City make a determination of peak parking demand on the projects and not require code parking. ^ The development agreement applications might provide for Iight rail transit improvement fees of $50,000 per project which would be a total of $100,000. ^ Each development agreement application would include the following additional community benefits: a Transportation Demand Management (TDM) Plan approved by the Planning Director, secure bicycle storage for residents and employees, LEED certified building. These projects would be rental housing only. There would be onsite affordable housing in accordance with the City's AHPP Program. There would be unbundled parking. ^ Each development agreement application would request a vested 2 Apri126, 2011 rights term of three years, with two additional one-year extensions possible. Each development a~•eemenY application would request limited ARB review. As previously stated, once the development agreement applications were submitted the parties would commit to a 90 day negotiating period with possible extensions rrp to 150 days. However, if the parties could not reach agreement on the two development agreements, then the City would take action on the administrative approvals that the developer would be entitled to processing of under the interim zoning ordinance extension. The City would act in accordance with the Interim Zoning Ordinance extension. The City would agree to render decisions on the administrative approvals within 30 days of receiving a request from the developer to do so. The administrative approval applications would include amendments to the projects which would include a TDM plan in accordance with the Interim Zoning Ordinance, secure bicycle storage for residents and employees, LEED certified building, rental housing only, onsite affordable housing, and shared parking. These are the benefits that would accrue to the City in the event that development agreements could not be reached. The statute of limitations would be tolled so that the developers could preserve their rights to assert their legal claims. In the administrative approval context, the City would agree to expedite ARB review. If the City determined that either of the projects conflicted with the City's standards in effect at the time, the City would agree to notify the developer so that he would have time to correct those aspects of nonconformity. Mation by Councilmember McKeown, seconded bra ~o Tem Davis, to approve Settlement Agreement No. 9356(CCS). The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook. O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None CHANGE IN AGENDA Motion by Councilmember O'Day seconded by Councilmember Holbrook ORDER to change the order of the agenda by hearing Item 6-A directly before Item 8-A. The motion was unanimously approved by voice vote. Apri126, 2011 CONSENT CALENDAR. All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Denise Barton and Joy Fullmer conunented on various Consent Calendar items. At the request of Mayor Pro Tem Davis, Item 3-K was removed from the Consent Calendar. Mayor Bloom noted that under Item 3-A, the minutes of April 12, 2011, were withdrawn at the request of staff. Motion by Councilmember Holbrook, seconded by Couneilrrtember O'Connor , to approve the Consent Calendar except Item 3-K, reading resolutions by title only and waiving further reading thereof The motion was approved by the following vote: AYES: CounciImembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis; Mayor Bloom NOES: None ABSENT: None MINUTES 3-A: Minutes of the March 8, March 22, and Apri15, ZOll, City Council meetings, were approved as submitted. The minutes of April 12, 2011, were withdrawn at the request of staff. BBB TRANSIYIISSIONS 3-B: Remanufacturing of Allison transmissions for the Big Blue Bus -recommendation to award Bid No. 3021. to Western States Converters and Transmissions, Inc., in the amount of $760,000, for remanufacturing of Allison transmission for the Big Blue Bus for a four-year term, was approved. SECURITY GUARD 3-C: Big Blue Bus Facility Security Guard Services -recommendation SERVICES to award Bid No. 3019 to ABM Security, at an annual cost of $354,931 for FY20I 1-I2, with three additional one-year renewal options at a total cost of $1,514,469, for security guard services at the Big Blue Bus, vas approved. WATER MAIN 3-D: Water Main Replacement Project -recommendation to authorize REPLACEMENT the City Manager to negotiate and execute Contract No. 9357 (CCS} with MNR Construction, Inc., in the amount of $2,429,735, for the Water Main Replacement Project, and Contract No. 9358 (CCS) with Black and Veatch, in the amount of $242,645, for construction management services of the Water Main Replacement Project, were approved. 4 April 26, 2011 OFFICE FURNITURE 3-E: Office furniture for City hall Tenant Improvements Project - recommendation to issue a purchase order in the amount of $204,748 to Systems Source, Inc., for the procurement and installation of office fiuniture for the City Hall Tenant Improvements Project, was approved. REED PARK 3-F: Reed Park Improvements Project - recommendation to authorize the City Manager to negotiate and execute a second modification to Contract No. 8674 (CCS) with Katherine Spitz Associates, in the amount of $6,000 for a total of $107,849, for design costs due to the increased duration and scope of the project, was approved. LANDFILL GAS 3-G: Landfill gas extraction system at City Yards -recommendation EXTRACTION to authorize the City Manager to negotiate and execute Contract No. 9359 (CCS) with ICF International, in the amount of $871,776, for a five-year term, to operate. maintain, and monitor the landfill gas extraction system in operation at the City's Municipal Yard, was approved. REFUSE CONTAINERS 3-H: Purchase of refuse containers -recommendation to award Bid No. 3017 to Toter Inc., in the amount of $755,000, for the purchase and delivery of refuse containers for solid waste, green waste and recycling collection, at specified unit prices, was approved. SOFTWARE 3-I: Oracle Financial System software maintenance - MAINTENANCE recommendation to approve asole-source purchase order with Oracle USA, Inc., in the amount of $345,712 for atwo-year period resulting in a total four-year agreement amount of $704,527, for continued software maintenance and support services, was approved. POOL CHEIO~ICALS 3-J: Purchase of Swim Center Pool Chemicals -recommendation to authorize the City Manager to exercise renewal options by Commercial Aquatic Services, Inc., in the amotmt of $185,000 for a two-year period resulting in a total three year term anlount of $271,000, to fiumish and deliver pool chemicals to the Santa Monica Swim Center, was approved. CIRQUE DU SOLEIL 3-L: Agreement with Cirque du Soleil -recommendation to authorize the City Manager to negotiate and execute License Agreement No. 9361 (CCS) with Cirque du Soleil for use of a portion of the 1550 PCH parking lot for theatrical performances from January 2 through March 30, 2012, was approved. Apri126, 2011 WATERSI~IART 3-M: Submittal of grant application nn furtherance of efficient water use -recommendation to: adopt Resolution No. 10573 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION AND TO EXECUTE AGREEMENTS IN FURTHERANCE OF EFFICIENT WATER USE", authorizing the City Manager to submit a grant application in the amount of $300,000, from the U.S. Department of the Interior, Bureau of Reclamation's WaterSMART Optimization Review Grant program for developing a water self-reliant master plan; authorize the City Manager to execute all necessary documents to apply for and accept the grant, if awarded; and authorze budget changes as outlined in the staff report, was approved. BIKE TRANSIT 3-K: Downtown Bike Transit 1dlobility Center -recommendation to 1dIOBILITY CENTER authorize the City Manager to negotiate and execute Contract No. 9360 (CCS) with twa 2-year renewal options with Bike and Park, LLC, in the amount of $120,000, for operation of the downtown bike transit mobility center; and approve proposed budget changes, was presented. Mayor Pro Tern Davis advised that she removed this item from the Consent Calendaz to understand who determines when the optional services are needed. Staff provided additional informatian and answered questions of Council. Motion b~Mayor Pro Tem Davis, seconded by Councilmember O'Connor, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shrives, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2354 {CCS) LARGE VEHICLE AND entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE TRAILER PARKING CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 3.12.860 AND3.12.880 RELATED TO LARGE VEHICLE AND TRAILER PARKING RESTRICTIONS", was presented. Apri126, 2011 Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to adopt ordinance, reading by title only, waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None SMOKING ON THE PIER AND IN MULTI-UNIT COMMON AREAS 7-B: Second reading and adoption of Ordinance No. 2355 {CCS) entitled: " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CORRECTING A CLERICAL ERROR TO REFLECT PRIOR AMENDMENTS TO CHAPTER 4.44 OF THE SANTA MONICA MUNICIPAL CODE REGULATING SMOKING ON THE SANTA MONICA PIER AND IN NCULTI-UNIT COMMON AREAS", was presented. Motion by Councilmember O'Day, seconded by Mayor Pro Tem Davis, to adopt ordinance, reading by title only, waiving further reading thereof. The motion vvas approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None LIGIIT RAIL TRANSIT 7-C: Introduction and first reading of an ordinance authorizing the 5YSTEM City Manager to negotnate cooperation agreements with the Exposition Metro Lnne Construction Authority and the Los Angeles County Metropolitan Transportation Authority relating to the construction and operation of a light rail transit system within the City of Santa Monica, was presented. Member of the public Denise Barton expressed her concerns. Motion b~yor Pro Tem Davis, seconded by Councilmember O'Day~to introduce ordinance, reading by title only, waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None April 26, 2011 INTERIM 7-D: Introduction and adoption of Emergency Interim Ordinance DEVELOPMENT No. 2356 (CCS) entitleds "AN ORDINANCE OF THE CITY PROCEDURES COUNCIL OF THE CITY OF SANTA MONICA EXTENDING INTERIM ORDINANCE NUMBER 2345{CCS), WHICH ESTABLISHED INTERIM DEVELOPMENT PROCEDURES PENDING IMPLEMENTATION OF THE LUCE, ADOPTING MODIFICATIONS ADDRESSING ORDINANCE APPLICABILITY, CM DISTRICT NON-CONFORMING USES, SHARED PARKING AND FAR CALCULATIONS IN THE DOWNTOWN, AND EXEMPTIONS FOR CITY PROJECTS, AND DECLARING THE PRESENCE OF AN EMERGENCY", 4vas presented. Members of the public Paula Mayeda, Chris Harding, Valerie Griffin, Ellen Hannan, Zina Josephs, and Tricia Crane spoke generally in support of extending the interim ordinance for at least 18 months. Member of the public Catherine Eldridge requested clarification on the streamlined development agreement process as outlined. Staff advised the wording for the Option 1 alternative was revised as follows: 1) Section 3, {a)(4)(i) change "1.75 a.m. and p.m. AVR" to "1.5 a.m. and p:m. AVR". 2) Section 3 (C): change the short-term bicycle parking for the residential component from "0.4" to "0.2" spaces/unit with a minimum of 4 spaces. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to adopt the emergency ordinance with alternative Option 1 including the above revisions. The mofion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None EQUAL BENEFITS 7-E: Introduction and first reading of an ordinance adding Section SAME SEX SPOUSES / 4.65.025 to the Municipal Code relating to equal benefits by DOMESTIC PARTNERS requiring contractors subject to the Cfty's Living `{Iage Law to provide the same health care and other benefits to workers' with same sex spouses and domestic partners as are provided to workers' spouses, was presented. Member of the public Jim Carroll spoke in support of the ordinance. Apri126, 2011 Motion b~yor Bloom, seconded by Councilmember O'Connor to introduce ordinance, reading by title only, waiving further reading thereof and to direct staff that a review be conducted of the exemptions mentioned in the staff report and provide an information item to Council clarifying the bases for those exemptions, how they apply to the equal benefits ordinance as opposed to the living wage ordinance and any recommended changes. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis. Mayor Bloom NOES: None ABSENT: None ADNIINI5TRATIVE b-A: Downtown Parking Structure #6 Appeal (14312"~ Street) - PROCEEDINGS: recommendation to hold a public hearing and grant the appeal, 1431 2~D STREET approving I ICUP-OQ2 and related Zoning Modifications, 1431 2°d Street (Downtown Parking Structure #b), subject to the draft findings and conditions. Appellant/Applicant: City of Santa Monica, was presented. Public Works Director Martin Pastucha, representing appelIantlapplicant City of Santa Monica, spoke in favor of the appeal. Members of the public Paula Mayeda, Peggy Molloy, How azd Robinson and Kathleen Rawson spoke in support of the staff recommendation. Member of the public Grant Gottfurcht spoke in opposition to staff's recommendation. Planning Commission Chair Jim Ries clarified the reasoning for the Planning Commission's denial of the project. Architecture Services Manager Miriam Mulder, representing appellant applicant City of Santa Monica, provided a rebuttal to public comment. Motion by Councilmember O'Day seconded by Councilmember O'Connor, to grant the appeal based on the plans as revised. Discussion ensued regarding consideration of the design of the fagade of the structure on all sides, and timely completion of the sh-ucriti'e to avoid overlap in construction schedule w7th other parking structures. The motion was approved by the following vote: AprIl 26, 2011 AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: Councilmember Shriver ABSENT: None Councilmember Shriver stated that his "no" vote was based on his comments made during discussion. STAFF ITEMS: 8-A: Schematic Design for Parking Structure b -recommendation to PARKING STRUCTURE 6 review and provide input on the proposed schematic design for Parking Structure 6; approve the recommended design direction; and, direct staff to move forward with design development, was presented. There was no one present for public comment. Discussion ensued including, but not limited to, the pedestrian experience of the retail space, and visual interest from the alley and upper stories of the structure. Motion by Councilmember O'Connor, seconded by Mayor Pro Tem Davis, to incorporate the input given and move forward with design development. AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tam Davis, Mayor Bloom NOES: None ABSENT: None PUBLIC HEARINGS: 11-A: Amendment of Preferential Parking Zone W and creation off PREFERENTIAL Preferential Parking Zone Y -recommendation to adopt PAIZI~ING ZONE W AND Resolufion No. 10574 (CCS} entitled: "A RESOLUTION OF THE Y CITY OF SANTA MONICA AMENDING PREFERENTIAL PARKING ZONE V V, ESTABLISHING ZONE Y, AND AMENDING RESOLUTION 9344 "PREFERENTIAL PARKING ZONES" (CCS) BY REPLACING EXHIBIT A", was presented. Members of the public Douglas B. Bruce, Rajeen Malhotra, and Noah Blaystein spoke in support of the resolution. Member of the public Van Tuck spoke in opposition to the resolution. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis. to adopt the resolution, reading by title only, waiving further reading thereof. The motion was approved by the following vote: 10 April 26, 2011 AYES: Cotmcilmembers McKeown, O'Day, Holbrook, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: Councilmember O'Connor ABSENT: None COUNCIL ITEMS: 13 .A: Appointment to one unscheduled vacancy on the Disabilities DISABILITIES Commission for a term endang on June 30, 2014. COMMISSION On order of the Mayor, the floor was opened for nominations. Councilmember Holbrook nominated David Grant Geffen. There being no other nominations, Mr. Geffen was appointed by acLlamation, with all Councilmembers present. „,. ~'" 13-B: Recommendation to accept Trish Moon's resignation from the IRISH MOON Commission on the Status of Women and authorize the City RESIGNATION Clerk to publish the vacancy, was presented. Motion by Councilmember Holbrook. seconded by Councilmember McKeown, to approve recommendation with regrets. The motion teas unanimously approved by voice vote, with all members present. URBAN DESIGN li-C: Request of Councilmember Pam O'Connor and Mayor Pro COMMITTEE Tempore Gleam Davis for Council approval of two nominees for the Expo Metro Line Construction Authority's reconvened Urban Design Committee {UDC). Committee members will work with Expo staff, the design-build contractor, community stakeholders, and other UDC members to provide input into Phase 2 off the Expo Lane project. Although the contract specifies that the design of Phase 2 will mfirror the design of Please 1, opportunity remains for input into landscaping, art, urban design improvements, and other design elements. Nominations can include reappointment of existing UDC members who served for Phase 1 of the project. Member of the public Denise Barton expressed her concerns. Motion by Coumcilmember O'Connor seconded by Mayor Pro Tem Davis to reappoint Jessica Cusick and direct staff to return with an expedited process with criteria for applicants. The motion was unanimously approved by voice vote, with all members present. NANCY GESHKE 13-D: Recommendafion to accept Nancy Geshke's resignation from RESIGNATION the Social Services Commission and authorize the City Clerk to publish the vacancy, was presented. I 1 April 2b, 2011 Motion by Councilmember O'Connor, seconded by Councihnember Holbrook, to approve recommendation with regrets. The motion was unanimously approved by voice vote. with all members present. PUBLIC INPUT: Member of the public Denise Barton, D. D. May and John Foster commented on various issues. On order of the Mayor, the City Council meeting was adjourned at 10:55 p.m. in memory of Giorgio Baldi and in recognition of Holocaust Remembrance Day. ATTEST: APPROVED: ~~k~A~ Beth Sanchez Richard Bloom Assistant City Clerk Mayor 12 April 26, 2011