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m-112712CITY OF SANTA MONICA CITY COUNCIL MINUTES TUESDAY, NOVEMBER 27, 2012 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:33 p.m., on Tuesday, November 27, 2012, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Tem Gleam Davis Councilmember Pam O'Connor (arrived at 5:54 p.m.) Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Terry O'Day Councilmember Bobby Shriver Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Sarah Gorman CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:33 p.m., with Councilmember O'Connor absent. Councilmember Shriver led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Member of the public Denise Barton commented on Closed Session Item 1 -D. Councilmember O'Connor On order of the Mayor, the City Council recessed at 5:35 p.m., to consider arrived at 5:54 p. m. closed sessions and convened at 6:40 p.m., with all members present, to report the following: 1 -A: Conference with Legal Counsel —Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b)- 2 cases: 1) Village Trailer Park and 1 case The City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -B: Conference with Legal Counsel — Anticipated Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9 (c) —1 case November 27, 2012 The City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -C: Conference with Legal Counsel —Existing Litigation: Lamle v. City of Santa Monica, et al., United States District Court, Case No. CV 04 -06355 HGK (SHx). The City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. SPECIAL AGENDA 2 -A: Special Recognition of Mayor Richard Bloom and Councilmember ITEMS: Bobby Shriver, was presented. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Joy Fullmer, Denise Barton, Adam Pines, Ruthann Lehrer, Jerry Rubin, Diane Dykema, Alex DeGood, Peter Nelson, Dick Newman, Richard Corlin, and Harvey Eder commented on various Consent Calendar items. Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to approve the Consent Calendar, except for Item 3 -J, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: None MINUTES 3 -A: The minutes for the September 11, 2012, City Council meeting, were approved as submitted. PIER TELESCOPES AND 3 -B: Coin - Operated Telescopes and Binoculars on the Santa Monica BINOCULARS Pier and Palisades Park — recommendation to authorize the City Manager to negotiate and execute License Agreement No. 9666 (CCS) with Fare Share Enterprises for the installation and maintenance of new coin - operated telescopes and binoculars on the Santa Monica Pier and Palisades Park, was approved. CUSTODIAL SUPPLIES 3 -C: Citywide Custodial Supplies — recommendation to award Bid No. 4035 to Clean Source, Empire Cleaning Supply, Royal Corporation, and Staples, in the cumulative annual amount of $405,000 for the purchase of custodial supplies with an amount not to exceed $1,215,000 over a three - year period, was approved. November 27, 2012 HYDRAULIC 3 -D: Resolution for a Moratorium on Hydraulic Fracturing in FRACTURING California — recommendation to adopt Resolution No. 10720 (CCS) entitled: "A Resolution Of The City Council Of The City Of Santa Monica In Support Of A Moratorium On Hydraulic Fracturing (Fracking)," was adopted. RUSTY'S LEASE 3 -E: 256 Santa Monica Pier Leasehold ( Rusty's) — recommendation to authorize the City Manager to negotiate and execute Amended and Restated Lease Agreement No. 9667 (CCS) with Hospitality Industry Management Group, LLC d.b.a. Rusty's Surf Ranch for 256 Santa Monica Pier, was approved. ASPHALT BID 3 -F: Bid Award for the Purchase of Asphalt Materials for Street Maintenance — recommendation award Bid No. 3098 to Vulcan Materials Company, in the amount of $155,000 for FY 2012 -13 for the purchase and delivery of asphalt materials, with one additional one -year renewal option in the amount of $250,000, for a total amount not to exceed $405,000 over a two -year period, was approved. WATERPROOFING BID 3 -G: Bid Award for Waterproofing Services at Various City Facilities — recommendation to award Bid No. 4037 to Surfside Restoration & Waterproofing, as the primary contractor; and Allstate Engineering, as the secondary contractor, in a cumulative amount not to exceed $75,000 for FY 2012 -13 for waterproofing services at various City facilities, with two one -year options to renew, for a cumulative amount not to exceed $225,000 over a three -year period, was approved. BERGAMOT REQUEST 3 -H: Request for Proposals for Bergamot Station Arts Center FOR PROPOSALS Development - recommendation that the City Council adopt the project objectives listed and authorize staff to issue a Request for Proposals (RFP) to development teams led by Bergamot Station Ltd. /Worthe Real Estate Group, Lionstone Group /Industry Ltd. And Rethink Development/Kor Group for development of the City -owned property located at 2525 Michigan Avenue, home to the Bergamot Station Arts Center, was approved. GEOTECH TESTING 3 -I: Amend Contract for Geotechnical Testing Services for Civic Center Parks — recommendation authorize the City Manager to negotiate and execute a first modification to Professional Services Agreement No. 9395 (CCS) with Koury Engineering & Testing, in an amount not to exceed $86,460 to provide additional geotechnical testing services for the Civic Center Parks (Palisades Garden Walk and Ken Genser Square Project), resulting in a new agreement in the amount of $155,030, was approved. BIN TRUCKS 3 -K: Bid Award for Purchase of Three Bin Trucks — recommendation to award Bid No. F4028 to Wondries Fleet Group in the amount of $127,183, for the purchase and delivery of three bin trucks to the Resource Recovery and Recycling Division, was approved. 3 November 27, 2012 RESIDENT SURVEY 3 -L: Amend Agreement for Bi- Annual Resident Survey for FY 2012- 13 — recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 9668 (CCS) with Fairbank, Maslin, Maullin, Metz & Associates (FM3), in the amount of $30,495 to conduct the bi- annual resident survey for FY 2012 -13, resulting in an agreement for conducting two bi- annual resident surveys in the amount of $60,990, was approved. BANKING SERVICES 3 -M: Banking Services Agreement with Wells Fargo Bank— recommendation to authorize the City Manager to negotiate and execute Contract No. 9669 (CCS) with Wells Fargo Bank, in an amount not to exceed $375,000 for banking services over a five year term, was approved. 3 -J: New Mills Act Contract at 2009 La Mesa Drive — 2009 LA MESA DRIVE recommendation to adopt a Resolution authorizing the City Manager to negotiate and execute a Historic Property Preservation Agreement (Mills Act Contract) between the City of Santa Monica and the property owner of the designated City Landmark at 2009 La Mesa Drive, was presented. Mayor Pro Tern Davis removed this item to question staff regarding timing and Mills Act issues. Discussion ensued regarding the Mills Act process, code compliance, and related issues. Direction was given to staff. Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Connor, to continue the item to December 11 m and direct staff to research code compliance and interior historic features. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Mayor Pro Tem Davis, Mayor Bloom NOES: Shriver ABSENT: None Councilmember Holbrook requested that the item be heard on December IIt" in Closed Session. ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2414 (CCS) 2930 COLORADO AVE. entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, VILLAGE TRAILER PARK LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND VILLAGE TRAILER PARK INC., A CALIFORNIA CORPORATION," was presented. November 27, 2012 Motion by Mayor Bloom, seconded by Councilmember O'Connor, to adopt the Ordinance No. 2414 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, Mayor Bloom NOES: Mayor Pro Tern Davis, Councilmember McKeown ABSENT: None ABSTAIN: Shriver Mayor Pro Tern Davis stated, for the record, that her "no" vote was based in large part on the fact that the Council was not provided with on -site appraisals and without these appraisals, she could not fully analyze the tenant impact report and tenant relocation packages. Councilmember McKeown stated, for the record, that his "no" vote was to reflect his opposition to removal of vulnerable senior homeowners and because this agreement fails to meet even the City's minimum adopted policy for affordable housing production. He stated that Council should have waited to hear this after the Bergamot Area Plan and for a new Council. He stated that he was then changing his vote to yes to reflect Council Rules that provide only a member who voted for the prevailing side of an item to bring a motion for consideration of the item at later meeting. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown Mayor Bloom NOES: Mayor Pro Tern Davis, ABSENT: None ABSTAIN: Shriver STAFF 8 -A: Tri -Party Real Estate Exchange to Create Buffer Area Adjacent ADMINISTRATIVE to Exposition Light Rail Phase 2 Maintenance Facility - ITEMS: recommendation to authorize the City Manager to negotiate and execute EXPO MAINTENANCE real estate and ancillary Agreement No. 9670 (CCS) with Santa Monica FACILITY College and Agreement No. 9671 (CCS) with the Exposition Metro Line Construction Authority related to the purchase, lease, and exchange of real estate interests in properties located at 2909 Exposition Blvd, 2900 Exposition Blvd and 3400 /3500 Airport Avenue, to allow for the creation of the proposed buffer area adjacent to the proposed Phase 2 Exposition Light Rail Maintenance Facility, was presented. Members of the public Christel Andersen, Zina Josephs, and Irma Carranza spoke regarding the recommendation. Motion by Mayor Pro Tern Davis, seconded by Councilmember Holbrook, 5 November 27, 2012 to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: None 3402 PICO BLVD FLOAT- 8 -B: Development Agreement float -up for a new mixed -use project UP at 3402 Pico Boulevard — recommendation that City Council discuss the applicant's Development Agreement proposal and provide direction regarding the appropriateness of the site development and potential Councilmember O'Connor community benefits; initiate the Development Agreement negotiation and was excused at 10:26 pm. review process between the City and Developer, was presented. Members of the public Clare Thomas, Adam Gross, Leslee Mickshaw, Diane Kuyoomjian, Jack Gregory, Frans Klinkenberg, Chris Bailey, Nancy Morse, Elena Estrin, Steve Kandell, Ted Harman, Jennifer Kozicki, Lori Goldstein, Victor Gonzales, Debbie Miller, Grace Phillips, Andrew Stolz, Cathy McCabe, Terry Draut, Armen Melkonians, Krantz Jody, Christen Andersen, Jennifer Polhemus, Jan Flack, Joe Perches, Sally Allen, Joanne Curtis, Cathy Larson, Zina Josephs, Larry Aneola, Jeff Gottesman, Paula Mazur, Robert Mickfelson, David Engelberg, Steve Duron, Andrea Hricko and Irma Carranza spoke in opposition to the recommendation or suggested more study is needed before moving forward on this matter. Discussion ensued on topics including EIRs, community benefits, health issues to prospective residents, and alternative uses of the site. Motion by Davis, seconded by Councilmember O'Day, to direct staff and the developer to do an Environmental Impact Report, and amongst the alternatives in the EIR would be a purely commercial use of the property, a much smaller mixed residential / commercial use, and other alternatives either required or appropriate under CEQA. In addition, staff and the developer would, at the developer's cost, engage in study of the impacts of being so close to a freeway in whatever use for the property so that the health effects of the use can be evaluated; staff would not negotiate community benefits or development agreement at this time. The motion was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: O'Connor PUBLIC HEARINGS: 9 -A: Public Hearing of the Annual Review of the City's Plan for HOMELESS SERVICES Homeless Services — recommendation that the City Council: Hold a public hearing and receive public comment on the Annual Review of the City's 6 November 27, 2012 Plan for Homeless Services, pursuant to the Municipal Code; Review and comment on strategies to address homelessness; and, direct staff to proceed with next steps, was presented. Member of the public Valecia Adams commented on this matter. After discussion, on order of the Mayor, the information was received and filed. FAIR HOUSING CHOICE 9 -13: Analysis of Impediments to Fair Housing Choice — recommendation that Council review the Draft Analysis of Impediments to Fair Housing Choice and hold a public hearing, receive public continent and approve the Draft, was presented. Members of the public Richard Hilton, Denise Barton, and Christel Andersen commented on the recommendation. After discussion, on order of the Mayor, the information was received and filed. COUNCIL ITEMS: 13 -A: Request of Councilmember McKeown that the Council direct FOSSIL FUEL staff to evaluate how best to divest fossil fuel investments from the INVESTMENTS City's portfolios, and return with policy options as part of the February mid -year budget review, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Councilmember O'Day, to approve the recommendation with broader research on socially responsible investing. The motion was unanimously approved by voice vote with Councilmember O'Connor absent. PUBLIC INPUT: Members of the public Denise Barton, Dhun May, Armen Melkonians, and Primo DeJesus commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:48 p.m., with Councilmember O'Connor absent. ATTEST: APPROVED: ':!4/V6v Sarah Gorman qnR c hard Bloom City Clerk ayor 7 November 27, 2012