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m-062612CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 26, 2012 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem Davis at 5:35 p.m., on Tuesday, June 26, 2012, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tem Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Pam O'Connor (arrived at 5:45 p. m) Councilmember Terry O'Day Absent: Mayor Richard Bloom Councilmember Bobby Shriver Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie Assistant City Clerk Denise Anderson- Warren CONVENE /PLEDGE On order of Mayor Pro Tem Davis, the City Council convened at 5:35p.m., with Councilmembers O'Connor, Shriver, and Mayor Bloom absent. City Manager Rod Gould led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Member of the public Harriet Epstein commented on Item 1 -E. On order of the Mayor Pro Tem, the City Council recessed at 5:39 p.m., to consider closed sessions and returned at 6:37 p.m. with Councilmember Shriver and Mayor Bloom absent, to report the following: Councilmember O'Connor 1 -A: Conference with Labor Negotiator. arrived at 5:45 p.m. City Negotiator: Donna Peter, Director of Human Resources Bargaining Units: Public Attorney's Legal Support Staff Union (PALSSU) Management Team Associates (MTA) Public Attorney's Union (PAU) The City Attorney reported this matter was heard and no reportable action was taken. June 26, 2012 TIRE PURCHASE FOR 3 -E: Passenger Vehicle /Light Duty and Fire Apparatus Tire Service — SERVICE VEHICLES recommendation to award Bid No. 3092 to Byron Woodley Tire Co, in the amount of $80,000 for purchase of tire service for the Fire Department and Big Blue Bus service vehicles, with two additional one -year renewal options, for a total amount not to exceed $240,000, was approved. BUS PAINT AND BODY 3 -F: Bus Paint and Body Repair — recommendation to award Bid No. REPAIR 3093 to Carlos Guzman, Inc., in the amount of $600,000 to provide body repair and painting of transit coaches, with two additional one -year renewal options for a total contract amount of $1,800,000, was approved. UNDERGROUND 3 -H: SCE Easements across Palisades Garden Walk Project - UTILITY EASEMENTS recommendation to authorize the City Manager to execute letter Agreement No. 9609 (CCS) between the City and Southern California Edison (SCE), which contemplates the vacation of an existing underground utility easement across the Palisades Garden Walk and Town Center Project (Project) site, the relocation of SCE utility cables to Main Street with a connection to an existing underground utility duct on Olympic Drive, the creation of a replacement underground utility easement between Ocean Avenue and the Project site, and the creation of an easement to the Ocean Lodge for electrical service originating on City property, was approved. 1212 51n STREET 3 -I: 1212 5th Street Lease extension — recommendation to authorize the City Manager to negotiate and execute a second extension of Lease No. 8404 (CCS), with Wilshire & 5ch I & II, LLC for continued occupancy by the Office of Sustainability and the Environment at 1212 Fifth Street, first floor to: amend the term of the existing lease, scheduled to expired June 30, 2012, to become a month -to -month term lease commencing on July 1, 2012; and continue the existing monthly base rate at $7,159.45, estimated common area maintenance (CAM) fees at $909.50, and parking fees at $255 for a total of $8,323.95 per month, was approved. PARKING STRUCTURE 3 -J: Civic Center Parking Structure Lighting Project — LIGHTING recommendation to authorize the City Manager to negotiate and execute Contract No. 9610 (CCS) with Golden Sun Firm & Company, Inc. in an amount not to exceed $207,031, for design and construction services for an energy efficient lighting system at the Civic Center Parking Structure, was approved. CLINICAL SUPPORT 3 -K: Modification of Agreement for Licensed Clinical Social Worker FOR THE HOUSING — recommendation that the Housing Authority and City Council authorize AUTHORITY the Executive Director /City Manager to execute a fourth modification to professional services agreement No. 9092 (CCS) with Ms. Dorothy Berndt, Licensed Clinical Social Worker, in the amount of $20,000 to provide clinical support for the Housing Authority, for a total contract amount not to exceed $238,400, was approved. 4 June 26, 2012 ADJOURNME NT OF On order of the Chair/Mayor Pro Tom the special joint meeting of the City JOINT MEETING Council and the Housing Authority was adjourned at 6:45 p.m. and the regular meeting of the City Council was reconvened with Councilmember Shriver and Mayor Bloom absent. WELL RELOCATION 3 -G: Windward School Well Relocation Agreement — recommendation to authorize the City Manager to: negotiate and execute an amendment to Agreement No. 8892(CCS) with Black and Veatch Construction, Inc., in the amount of $392,235 for the Windward School Well Relocation Project, for a total contract amount of $62,096,354; negotiate and execute a professional services agreement with Richard C. Slade & Associates (RCS) in the amount of $79,640 for hydrogeological observation and inspection services; and, approve budget changes, was presented. Mayor Pro Tem Davis removed this item because her son is a student at Windward and therefore recused herself fiom voting on this item. At the request of the City Manager, this item was continued to the July 10, 2012 meeting because it requires five votes from Council to appropriate funding, and there were only four members present. STUDY SESSION: 4 -A: Neighborhood Conservation - recommendation that Council review NEIGHBORHOOD and comment on the recommended approach; and, direct staff to proceed CONSERVATION with implementation of Neighborhoods Conservation within the Zoning Ordinance Update, was presented. Members of the public Denise Barton and Rod Goldman commented on the item. Discussion ensued on the information presented including but not limited to: conserving neighborhoods; revise the city's zoning code to include standards for a certain area; a criteria should be established to determine the quality and character for neighborhoods; explore ways to continue to incentivize developments to move out of residential areas; create incentives that promotes property owners to go forth with the overlay plan because it is something that the residents would like; define the standards so that when there are distinguishing characteristics to a building the owner can be encouraged to preserve them; not a one -size fits all standard, and continue moving development to the transit corridors. On order of the Mayor Pro Tom, direction was given to staff, and the information was received and filed. 5 June 26, 2012 ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2401 (CCS) WINTER DISPLAYS IN entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PALISADES PARK OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.55.060 RELATING TO ERECTION OF STRUCTURES AND WINTER DISPLAYS IN PALISADES PARK," was presented. Motion by Councilmember McKeown, seconded by Councilmember O'Day, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Mayor Pro Tern Davis NOES: None ABSENT: Councilmember Shriver, Mayor Bloom DISTRIBUTION OF 7 -B: Second reading and adoption of Ordinance No. 2402 (CCS) MATERIAL PRIOR TO entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY AN ELECTION OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 11.04.130 TO CLARIFY THE CITY'S AUTHORIZATION TO PRODUCE AND DISTRIBUTE USUAL AND CUSTOMARY MATERIALS CREATED IN THE NORMAL COURSE OF BUSINESS WITHIN 88 DAYS PRIOR TO AN ELECTION, PROVIDED THAT THEY DO NOT REFER TO MEMBERS OF THE CITY COUNCIL OR RENT CONTROL BOARD AND CONTAIN NOTHING RELATED TO THE ELECTION EXCEPT FOR APPROPRIATE REFERENCES TO THE DATE AND METHODS OF VOTING," was presented. Motion by Councilmember McKeown, seconded by Councilmember O'Day, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis NOES: None ABSENT: Councilmember Shriver, Mayor Bloom 1447 LINCOLN - DA 7 -C: Introduction and first reading of an ordinance adopting AGREEMENT Development Agreement 11DEV006 to add Commercial and Residential Floor Area to an Existing Mix -Use Building at 1447 Lincoln. On order of the Mayor Pro Tem, Items 7 -C and 7 -D were heard concurrently. 6 June 26, 2012 Staff combined presentations for items 7 -C and 7 -D. It was noted that on Page 3 of the Development Agreement, letter N, the date was corrected to June 26, 2012, and on page 5 in Section 2.2 (1447 Lincoln) provided clarification that there are two 2- bedrooms included in this project. Members of the public Carissa Drucker and Jeff Milkin spoke in opposition of both projects. Discussion ensued from Council raising questions about the size of the units, and concerned that adding a pony wall which allows the developer to reclassify the unit to a one - bedroom instead of a single room occupancy unit; serious concerns about parking were raised since this is a 100 percent affordable housing project, questions were raised about the parking rates and if parking is included as an amenity with each unit or if there is an extra cost for the tenant to park; concerns were raised about the proposed open space being used as a public plaza due to its location. Motion by Councilmember McKeown, seconded by Councilmember O'Day, to continue these item to a future meeting to allow staff to continue to work with the applicant and come back with modification to address issues and concerns raised by Council. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Mayor Pro Tem Davis NOES: None ABSENT: Councilmember Shriver, Mayor Bloom 829 BROADWAY - DA 7 -D: Introduction and first reading of an ordinance adopting AGREEMENT Development Agreement 11DEV013 to add Commercial and Residential Floor Area to an Existing Mix -Use Building at 829 Broadway. This item was heard concurrently with Item 7 -C, and was continued to a future meeting. 15486 TH STREET — DA 7 -E: Introduction and first reading of an ordinance adopting AGREEMENT Development Agreement IIDEV -012 to convert 3,038 square feet of non - usable space into four residential units within an existing mix -use building at 1548 6th Street, was not presented. At the request of staff, this item was continued to a future meeting. 7 June 26, 2012 8 -A: Presentation of Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30,2011 — recommendation that the City Council receive and file the City's CAFR for the fiscal year ended June 30, 2011, was tabled until appropriate staff is present. AFFORDABLE HOUSING 8 -B: Affordable Housing Production Program Amendments — PROGRAM recommendation to amend the Affordable Housing Production Program Administrative Guidelines to: revise sections to clarify existing language regarding the purchase price formula and escrow timing associated with the City's purchase option upon resale of affordable condominiums; add a new section to establish that tenants who were not income - qualified for an affordable residence at initial occupancy must vacate within 90 days of receiving written notice from the property owner; add a new section to establish a property owner's responsibility to pay tenant relocation expenses if the property owner fails to establish that the tenant is income- qualified at initial occupancy; add a new section to establish that a property owner must provide advance written notice to the City before issuing a rent increase notice to a tenant; and, direct staff to prepare for City Council consideration an ordinance eliminating the discount of the Affordable Housing Unit Base Fee, currently 50 percent in commercial zones and 25 percent in residential zones, was presented. There was no one present for public comment. Discussion ensued, Council asked questions about current penalties for landlords who increase rents before notifying the city, and about the provisions that require landlords to disclose to a tenant that there is an income requirement for a unit before signing a lease. Staff responded to questions raised by Council and agreed that it would be beneficial to require the income requirement provision be written in BOLD on the lease agreement. Motion by Councilmember McKeown, the motion was duly seconded, to approve the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis NOES: None ABSENT: Councilmember Shriver, Mayor Bloom FIRE STATION LAND 8 -C: Purchase and Sale Agreement for Fire Station Land Exchange — EXCHANGE recommendation to: adopt a resolution waiving advertising requirements related to an exchange of property; and, authorize the City Manager to WITHDRAWN negotiate and execute a Purchase of Sale Agreement to exchange City- June 26, 2012 owned property located at 1338 -42 and 13215"' Street, for property located at 1337 -45 7 ' Street, owned by 1337 7`h Street LLC, subject to all conditions, obligations, or commitments, for a site suitable to build a replacement facility for Fire Station No. 1. This item was withdrawn at the request of staff FLIGHT SCHOOL TEST 8 -1): Flight Training Reduction Incentive Test Program — PROGRAM recommendation that City Council: approve a six -month voluntary flight training reduction incentive test program at Santa Monica Airport in an amount not to exceed $90,000 to reimburse flight schools who conduct repetitive takeoff and landing practice at other area airports during weekends and federal holidays only; and appropriate budget increases, was presented. Members of the public Denise Barton, Martin Rubin, Marianne Brown, Bill Koontz, and Michael Broadsky spoke in opposition of the recommendation. Members of the public Zina Josephs and Jerry Rubin expressed concerns about the incentive program. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to approve the staff recommendation. Motion by Councilmember McKeown, to amend the motion to include: staff is to consider any legal hurdles that may come up as a result of enacting this program. The motion was accepted as friendly by the seconder. Because the recommendation requires an appropriation of funding, this item requires five votes, therefore the motion failed by the following vote: AYES: Councilmembers McKeown, O'Day, O'Connor, Mayor Pro Tern Davis NOES: Councilmember Holbrook ABSENT: Councilmember Shriver, Mayor Bloom Motion by Mayor Pro Tern Davis, seconded by Councilmember McKeown to continue this item to a meeting in July 2012. The motion was unanimously approved by voice vote, with Councilmember Shriver and Mayor Bloom, absent. STAFF ITEMS: 8 -A: Presentation of Comprehensive Annual Financial Report ANNUAL FINANCIAL (CAFR) for the Fiscal Year Ended June 30,2011 — recommendation that REPORT the City Council receive and file the City's CAFR for the fiscal year ended June 30, 2011, was presented. 9 June 26, 2012 The Auditor being present, Council considered the matter There was no one present for public comment. This item was previously tabled at 8:27 p.m., awaiting the arrival of the Auditor. Motion by Councilmember McKeown, seconded by Councilmember O'Day, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis NOES: None ABSENT: Councilmember Shriver, Mayor Bloom PUBLIC INPUT: Members of the public Denise Barton and Dhun May commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 9:31 p.m. ATTEST: APPROVED: w4a o ow Denise Anderson - Warren Gleam Davis Assistant City Clerk q Mayor Pro Tempore 10 June 26, 2012