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m-021213CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 12, 2013 A regular meeting of the Santa Monica City Council was called to order by the City Clerk at 5:32 p.m., on Tuesday, February 12, 2013, at City Council Chambers, 1685 Main Street. Roll Call: Present: Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Tony Vazquez Councilmember Ted Winterer Absent: Mayor Pam O'Connor Mayor Pro Tern Terry O'Day Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Sarah P. Gorman CONVENE/PLEDGE On order of City Clerk Sarah Gorman, the City Council convened at 5:32 p.m., with Mayor O'Connor and Mayor Pro Tern O'Day absent. Councilmember McKeown led the assemblage in the Pledge of Allegiance. City Clerk Sarah Gorman opened the floor for nominations for an interim chair for this meeting only. Councilmember Holbrook nominated Councilmember Davis, and Councilmember Winterer seconded. The Council voted in favor of the motion by acclamation, with Mayor Pro Tern O'Day and Mayor Connor absent. CLOSED SESSIONS Members of the Public Catherine Eldridge and Daryl Bristol commented on various Closed Session items. On order of the Mayor, the City Council recessed at 5:40 pm to consider closed sessions and returned at 7:01 pm, with Mayor O'Connor and Mayor Pro Tem O'Day absent, to report the following: 1 -A: Conference with Legal Counsel —Existing Litigation: Village Trailer Park v. City of Santa Monica, Los Angeles Superior Court Case No. BS141223 February 12, 2013 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 City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -C: Conference with Legal Counsel — Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b) - 1 case City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -D: Conference with Legal Counsel —Existing Litigation: Mirsky v. City of Santa Monica, Los Angeles Superior Court Case Number SC 116204. City Attorney Marsha Moutrie recommended a settlement agreement in the amount of $47,000 for a trip and fall accident. Motion by Councilmember Holbrook, seconded by Councilmember Winterer, to approve Settlement Agreement No. 9698 (CCS), in the amount of $47,000. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Holbrook, Winterer, McKeown, Davis NOES: None. ABSENT: Mayor O'Connor and Mayor Pro Tern O'Day 1 -E: Conference with Legal Counsel — Existing Litigation: Harris v. City of Santa Monica, California Supreme Court Case Number 51811004. City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. CONSENT CALENDAR: There being a Consent Calendar each for the City Council and the JOINT MEETING WITH Redevelopment Successor Agency, on order of the Interim Chair, and with SUCCESSOR AGENCY consensus of Councilmembers, the Council convened to a joint meeting with the Redevelopment Successor Agency at 6:45 p.m., and the two Consent Calendars were heard concurrently. 2 February 12, 2013 Pursuant to state law, City Clerk Sarah Gorman announced that Council will receive no compensation for meeting as the Redevelopment Successor Agency. All items were considered and approved in one motion unless removed by a Councilmember for discussion. Member of the public Denise Barton commented on various Consent Calendar items. The following roll call of Successor Agency members was completed: Present: Redevelopment Successor Agency Members Vazquez, Holbrook, Winterer, McKeown, Davis Absent: Mayor O'Connor, Mayor Pro Tern O'Day At the request of Agency /Councilmember Vazquez, Item 3 -A was removed from the Consent Calendar. Motion by Agency /Councilmember Holbrook, seconded by Agency /Councilmember McKeown, to approve the Consent Calendars, except for Item 3 -A, and noting that Item 34 is as amended, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: Ayes: Agency /Councilmembers McKeown, Winterer, Holbrook, Vazquez, Davis Noes: None ABSENT: Chair/Mayor O'Connor, Chair/Mayor Pro Tern O'Day STAKE BED TRUCK BID 3 -B: Award Bid for Purchase of One Stakebed Truck— recommendation to award Bid No. 4042 to Zero Truck, in the amount of $63,911 for the purchase and delivery of one stakebed truck, was approved. MONITORING 3 -C: Agreement for Monitoring Services for the In -Line Storm Drain SERVICES Runoff Infiltration Project — recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 9699 (CCS) with California Watershed Engineering, in an amount not to exceed $80,000 to provide flow and water quality monitoring services for the In -Line Storm Drain Runoff Infiltration Project, was approved. 943 SIXTEENTH STREET 3 -D: Adopt ResolutionNo.10730 (CCS) entitled: "A Resolution Of The City Council Of The City Of Santa Monica Accepting And Approving The Final Subdivision Map For Tract No. 66996 To Subdivide A Property February 12, 2013 At 943 Sixteenth Street," was adopted. VENDING CART 3 -E: Vending Cart Licenses for the Santa Monica Pier— LICENSES recommendation to authorize the City Manager to negotiate and execute License Agreement Nos. 9700 (CCS) through 9708 (CCS) with nine independent vending cart operations (Candy Carousel No. 9700 (CCS), Redline No. 9701 (CCS), Tee's R Us No. 9702 (CCS), LA Beach Kites 9703 (CCS), Two Photos In One No. 9704 (CCS), Downtown Food Co No. 9705 (CCS), Berlin Currywurst No. 9706 (CCS), Green Truck No. 9707 (CCS), and Crepe'n Around No. 9708 (CCS)) on the Santa Monica Pier, was approved. TROLLEY KIOSK 3 -F: Trolley Kiosk License on the Santa Monica Pier — LICENSE recommendation to authorize the City Manager to negotiate and execute a License Agreement No. 9709 (CCS) with 66 to Cali, Inc., to operate from a retail vending stand known as the "Trolley Kiosk" on the Santa Monica Pier, was approved. GATEWAY TRIANGLE 3 -G: Application for California Environmental Enhancement and GARDEN Mitigation Program grant funds for the Gateway Triangle Garden associated with Colorado Esplanade Project — recommendation to: adopt Resolution No. 10731 (CCS) entitled: "A Resolution Of The City Council Of The City Of Santa Monica Approving The Application For Grant Funds For The Environmental Enhancement And Mitigation Program Under The Section 164.56 Of The Streets And Highways Code For The Following Project: The Gateway Triangle Garden;" and, authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded; and, authorize budget changes, was adopted and approved. ZONING 3 -H: Second Modification of Agreement with Dyett and Bhatia to provide additional work associated with the Zoning Ordinance Update — recommendation to authorize the City Manager to negotiate and execute a second amendment to Contract No. 8369 (CCS) with Dyett & Bhatia in the amount of $84,640, to provide professional services to assist with the completion of the City's new Zoning Ordinance, resulting in a nine -year total amount not to exceed $1,733,470, was approved. DESKTOP COMPUTERS 3 -I: Purchase, Installation and Maintenance of Desktop Computers — recommendation to authorize the City Manager to negotiate and execute a contract No. 9710 (CCS),with Hewlett Packard in an amount not to exceed $1,600,000 for the purchase, installation, and maintenance of desktop computers over a four year period, was approved. February 12, 2013 REDEVELOPMENT 3 -J: Former Redevelopment Agency's Recognized Obligation AGENCY Payment Schedule and Administrative Budget — recommendation that the City Council adopt Resolution No. 11 (SA) approving the housing administrative budget for the period of July 2013 through December 2013; and serving as the Santa Monica Redevelopment Successor Agency, adopt Resolution Nos. 12 (SA) and 13 (SA) approving the Successor Agency's Draft Recognized Obligation Payment Schedule and administrative budget for July 2013 through December 2013, was approved. MINUTES 3 -A: Approval of minutes of the October 2, 2012, City Council meeting, was presented. Councilmember Vazquez advised he removed this item because he was not a Councilmember at the October 2, 2012 meeting. Motion by Councilmember Holbrook, seconded by Councilmember McKeown to approve the recommendation. The motion did not pass, with the following vote: AYES: Councilmembers Holbrook, McKeown, Davis NOES: None ABSTAIN: Councilmembers Vazquez, Winterer ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day STUDY SESSION: 4 -A: Study Session on Moving Forward with LUCE — Circulation LUCE Element Policies and Programs Update — recommendation that City Council review and comment on Land Use and Circulation Element transportation improvement measures and direct staff to direct to continue with such measures, was presented. Members of the public Denise Barton, Stephen Youngerman, Valerie Griffin, Denny Zane, and John C. Smith commented regarding the item on topics including Expo Line access, bus service, and transportation demand management. Considerable discussion ensued on the topics of traffic, bus arrival time availability, bicycle issues and connectivity with the Expo Line, in roadway lights, Expo and BBB connectivity, traffic light synchronization, bike sharing, car sharing, shared parking, parking real time availability, residential neighborhood parking, annual trip reduction fees, Ocean Park Boulevard, future traffic planning, transportation demand management, transportation management associations, and congestive pricing. On order of the Mayor, the information was received and filed. February 12, 2013 ORDINANCES: 7 -A: Introduction and First Reading of an Ordinance Modifying PARKING RATES Sections of Santa Monica Municipal Code Article 3 Related to the ABSENT: Management of Parking and Adoption of Resolution No. 10732 (CCS) Setting Public Parking Rates, was introduced. Councilmember McKeown was excused at 8:45 pm. Members of the public Alexis Franklin, Denise Barton, and Jerry Rubin spoke in opposition to the recommended action. Councilmember McKeown returned at 8:48 pm. Discussion ensued regarding traffic rates. Motion by Councilmember Winterer, seconded by Councilmember Vazquez, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Holbrook, Winterer, Davis NOES: None ABSENT: Councilmember McKeown, Mayor Pro Tern O'Day, Mayor O'Connor AFFORDABLE HOUSING 7 -B: Introduction and First Reading of an Amendment to Interim Zoning Ordinance Number 2407 (CCS) to Modify the Affordability Requirements for Ministerial Processing of 100% Affordable Housing Projects of 50 or Fewer Units, was introduced. Members of the public Art Casillas, Dale Goldsmith, and James Regan spoke in opposition to the recommended action. Discussion ensued regarding proposals with ranges of affordability levels. Motion by Councilmember Winterer, seconded by Councilmember Davis to introduce the ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Vazquez, Davis NOES: Councilmember Holbrook ABSENT: Mayor Pro Tem O'Day, Mayor O'Connor Council provided staff direction. PLANNING 7 -C: Introduction and First Reading of an Ordinance to Modify COMMISSION Santa Monica Municipal Code (SMMC) Section 9.48.090 to Extend the Time Period that the Planning Commission has to make a Recommendation on a Development Agreement to the City Council and to Clarify Existing Law and Practice, was introduced. 6 February 12, 2013 There was no one present for public comment. Discussion ensued regarding providing time for Planning Commission consideration of projects. Motion by Councilmember McKeown, second by Councilmember Winterer, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Vazquez, Davis NOES: None ABSENT: Mayor Pro Tem O'Day, Mayor O'Connor STAFF ITEMS: 8 -A: Naming of the New Santa Monica Civic Center Park — CIVIC CENTER PARK recommendation that the City Council review the results of public input on a- short-list of possible park names, consider names suggested by the public, and select a final name for the new Civic Center park currently known as Palisades Garden Walk, was presented. Members of the public Barbara Lansdale, Dr. Gary Stickel, Richard Cano, Lydia Ponce, Quimichipilli Bravo, Anna Lopez, Gina De Baca, Jerry Rubin, Danny Alonzo, Paulina Sahagun; Desiree Martinez, Linda Piera- Avila, Mike Feinstein, Catherine Eldridge, Clinton Johnson, Jose Lopez, John C. Smith, Wendy Teeter, Phil Brock, Kathryn Boole, and John Petz spoke regarding possible names, including Tongva Park, Garden Walk, Ken Genzer Park, Pacific Ocean Park and Santa Monica Common. Considerable discussion ensued including discussion of possible names. Motion by Councilmember McKeown, to name the park Tongva Arroyo Park. Substitute motion by Councilmember Vazquez, to name the park Santa Monica Arroyo Tongva Park. Motion by Councilmember McKeown, seconded by Councilmember Davis to name the park Tongva Park. Discussion ensued regarding possible park names, including Palisades Garden Walk, The Commons, and Tongva Park at Santa Monica. February 12, 2013 The motion to name the new Civic Center Park to Tongva Park, was approved by the following vote: AYES: Councilmembers Vazquez, Winterer, McKeown, Davis NOES: Councilmember Holbrook ABSENT: Mayor Pro Tern O'Day, Mayor O'Connor DEVELOPMENT 8 -B: Development Agreement Application Processing Priorities and AGREEMENT PROCESS Guidelines for Negotiating Unit Size/Type and Mix in Mixed -Use Residential Projects — recommendation that City Council: review, comment on and approve proposed guidelines regarding processing of the current backlog of development agreements by prioritizing project applications; and, direct staff to use the guidelines for negotiating development agreements with respect to unit size and mix of rental housing, was presented. Members of the public Michael W. Fulonis, Valerie Griffin, John Zinwer, Hank Koning, Bill Delvac, Dave Rand, Dale Goldsmith, Steve Duron, John Reed, Ward Kiefer spoke in opposition to the proposed guidelines. Considerable discussion ensued on various topics, including affordability, unit mix, educational institutions, revenue generations, and flexibility. Motion by Councilmember McKeown, seconded by Councilmember Vazquez, to prioritize projects with education, revenue generation (if no other issues with project that will slow approval), affordability, and the possibility of adjacent sites. Motion to amend by Councilmember Vazquez, to define affordability as 15% affordable at 50% of median income and 5% at 80% of median income for three bedrooms, which was accepted as friendly by the maker. Motion to amend by Councilmember Winterer, to prioritize tier one and tier two projects, which was accepted as friendly by the maker and the seconder of the motion. Motion by Councilmember McKeown, to also prioritize projects with a maximum of 20 % studio, at least 20% two bedrooms, and at least 10% three bedroom units. The motion was accepted as friendly by the seconder. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Vazquez, Davis NOES: None ABSENT: Mayor Pro Tem O'Day, Mayor O'Connor February 12, 2013 CONTINUE WITH NEW Motion by Councilmember McKeown, seconded by Councilmember ITEMS PAST 11:00 PM Vazquez, to continue with the remaining items on the agenda, past 11:00 pm. The motion was unanimously approved by voice vote, with Mayor Pro Tern O'Day and Mayor O'Connor absent. WOODLAWN 8 -C: Options to Establish a War Memorial at Woodlawn Cemetery, CEMETERY Mortuary and Mausoleum — recommendation that City Council review and comment on establishing a commemoration wall at Woodlawn Cemetery, Mortuary and Mausoleum honoring Santa Monica's war dead, and direct staff to develop design concepts and cost estimate, and approve Location 1— Mausoleum Entrance as the recommended location, was presented. Discussion ensued regarding topics including current memorials at the site. Members of the public Jerry Rubin and Jack Walter commented in support of the recommended action. Motion by Councilmember Holbrook seconded by Councilmember McKeown, to approved the proposed action, noting that this is a peace memorial honoring those who died in war. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Holbrook, Winterer, McKeown, Davis NOES: None ABSENT: Mayor Pro Tem O'Day, Mayor O'Connor Staff direction was provided. COUNCIL ITEMS: 13 -A: Request of Councilmember McKeown that the Council direct GUSSY MORAN staff to explore ways in which the memory of Santa Monica native and world- famous tennis pioneer Gassy Moran might be commemorated at our municipal tennis facilities, was presented. There was no one present for public comment. Motion by Councilmember McKeown seconded by Councilmember Vazquez, to approve request. The motion was unanimously approved, with Mayor O'Connor and Mayor Pro Tern O'Day absent. PUBLIC INPUT: Members of the public Denise Barton and John Foster commented on various local issues. 9 February 12, 2013 ADJOURNMENT On order of the Interim Chair, the City Council meeting was adjourned at 12:06 a.m., in memory of William Detrixhe and Gussie Moran. ATTEST: APPROVED: s Sarah P. Gorman GI m Davis City Clerk Interim Chair 10 February 12, 2013