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m-010813CITY OF SANTA MONICA - CITY COUNCIL MINUTES JANUARY 8, 2013 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:35 p.m., on Tuesday, January 8, 2013, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Mayor Pro Tem O'Day (Arrived at 8:22 p.m) Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Tony Vazquez Councilmember Ted Winterer Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Sarah P. Gorman CONVENE/PLEDGE On order of Mayor, the City Council convened at 5:40 p.m., with Mayor Pro Tem O'Day absent. Councilmember Vazquez led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Members of the public Robyn Grace and Denise Barton commented on the City Manager evaluation closed session item. On order of the Mayor, the City Council recessed at 5:50 pm to consider closed sessions and returned at 6:35 pm, with Mayor Pro Tem O'Day absent, to report the following: 1 -A: Conference with Legal Counsel — Existing Litigation: Merrill Lynch Credit Corporation v. 26 Malibu LLC et al, Shahram Elyaszadeh, Wells Fargo Bank, SMS Financial LLC, Tony Nieman, City of Santa Monica, and International Fidelity Insurance Los Angeles Superior Court Case No. BC465820 City Attorney Marsha Moutrie reported that there was a settlement agreement, related to a lien in a harassment case; the lien would be subordinated. Motion by Councilmember McKeown, seconded by Councilmember Davis to approve settlement, No. 9678 (CCS), related to a lien in a harassment case, by subordinating the lien. The motion was approved by the following vote: January 8, 2013 AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor O'Connor NOES: None ABSENT: Mayor Pro Tem O'Day 1 -B: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b) - 4 cases: 1) Village Trailer Park 2) 2401 Beverly Avenue 3) 2 cases City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken, with the exception of one unnamed case that was not discussed. I -C: Conference with Legal Counsel —Anticipated Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9 (e) — 2 cases City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken, with the exception of one unnamed case, which was not discussed. 1 -D: Public Employee Evaluation. Title of Employees: City Attorney, City Manager City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 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 Christel Anderson commented on various Consent Calendar items. Motion by Councilmember Davis, seconded by Councilmember Winterer, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor O'Connor NOES: None ABSENT: Mayor Pro Tent O'Day HOMELAND SECURITY 3 -A: Resolution Authorizing Actions Related to Acceptance of GRANT Reprogrammed Funds for 2008 Urban Area Security Initiative (UASI) Homeland Security Grant — recommendation to authorize the City Manager to accept a grant awarded in the amount of $50,000 from the Department of Homeland Security UASI to be used to procure 2 January 8, 2013 approximately 230 ADA Compliant emergency cots for the Area A cities (including Santa Monica, Beverly Hills, Culver City and West Hollywood), and authorize budget changes, was approved. INSPECTION SERVICES 3 -B: Contract Modification for Deputy Inspection Services for Parking Structure 6 — recommendation to authorize the City Manager to negotiate and execute a first modification to Professional Services Agreement No. 9575 (CCS) in the amount of $82,500 with Willdan Geotechnical, to provide deputy inspection services during the demolition and rebuilding of Parking Structure 6, resulting in a two year amended agreement with a new total amount not to exceed $368,000, was approved. ASBESTOS AND 3 -C: Award Bid- for Asbestos and Hazardous Materials Abatement HAZMAT DEMO and Construction Demolition Services at Various City Facilities — SERVICES recommendation to award Bid No. 4043 to Castlerock Environmental for asbestos and hazardous materials abatement and construction demolition services, in an amount not to exceed $50,000 for FY 2012 -13, with two one -year - renewal options in -an amount not to exceed $150,000 over a three -year period, was approved. WITHDRAWN 3 -D: Contract for Arcadia Reservoir Roof Repair Project — was withdrawn at the request of staff. CALL FOR PROJECTS 3 -E: Application for 2013 Call for Projects Grant Funds — GRANT FUNDS recommendation to adopt Resolution No. 10723 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT SEVEN APPLICATIONS TO THE 2013 CALL FOR PROJECTS AND THE EXECUTION OF ALL DOCUMENTS NECESSARY TO ACCEPT, ADMINISTER, AND IMPLEMENT THE VARIOUS GRANT FUNDED PROGRAMS AWARDED THROUGH THE METROPOLITAN TRANSPORTATION AUTHORITY," was adopted. VEHICLE ELECTRONIC 3 -F: Award Bid for Vehicle Electronic Equipment Service — EQUIPMENT SERVICE recommendation to award Bid No. 4038 to Intercon Technologies, Inc. for BID the purchase of vehicle electronic equipment and service for a term of one year in the amount of $100,000 with two additional one -year renewal options for a total amount not to exceed $300,000 over a three -year period, was approved. PRESSURE WASHER BID 3 -G: Award Bid for Pressure Washer Solution — recommendation to award Bid No. 4040 to DeltaGreen for the purchase and delivery of pressure wash solution for a term of one year in the amount of $50,000 with two additional one -year renewal options for a total amount not to exceed $150,000 over a three -year period, was approved. AUTOMATED FUEL 3 -H: Amend Contract to Automate Fuel System — recommendation to SYSTEM authorize the City Manager to negotiate and execute a first modification to Contract No. 9509- (CCS), with - TrapezeJnc., -in -the amount of $- 152,7-25 -to 3 January 8, 2013 provide vehicle identification and authentication modules, spare parts, training, and related parts and services to upgrade the existing fuel management system, resulting in a four -year amended contract with a new total amount not to exceed $837,904, was approved. EXPO LIGHT RAIL 3 -I: Expo Light Rail Station Names within the City of Santa Monica STATION NAMES — recommendation that City Council make a formal recommendation to the Metro Board to name the Expo light rail stations in Santa Monica as follows: Downtown Santa Monica; Colorado /171t Street/SMC; 261i Street/Bergamot; and, direct staff to work with the Exposition Construction Authority and Metro staff for adoption by the Metro Board, was approved. WATER - EFFICIENT 3 -J: Execute a Water - Efficient Agreement with the U.S. EPA — AGREEMENT recommendation to authorize the City Manager to negotiate and execute Agreement No. 9679 (CCS), with the U.S. EPA to become a promotional partner in the EPA's WaterSense program, was approved. BALLONA CREEK 3 -K: Cost - sharing Monitoring Plans for the Ballona Creek WATERSHED Watershed Bacterial, Metals and Toxics Total Maximum Daily Loads — recommendation to authorize the City Manager to negotiate and execute two Memorandums of Understanding Nos. 9680 (CCS) and 9681 (CCS), with the City of Los Angeles to implement cost -share monitoring plans to comply with the Los Angeles Regional Water Quality Control Board's Bacterial, and Metals and Toxics Total Maximum Daily Loads requirements for the Ballona Creek Watershed, was approved. US CONFERENCE OF 3 -L: Authorize City's Membership in the US Conference of Mayors MAYORS — recommendation to authorize the City Manager to authorize City's membership in the US Conference of Mayors for an amount not to exceed $2,634 for the remainder of FY 12 -13, was approved. CONTINUED ITEMS: 5 -A: Development Agreement Application Processing Procedures DEVELOPME NT and Consideration of Policy Related to Average and Minimum Unit AGREEMENT PROCESS Sizes in Mixed -Use Residential Developments — recommendation that the City Council affirm shifting the responsibility for hosting the initial Development Agreement project community meeting from City staff to the project applicant and direct staff to provide applicant with guidelines to ensure meetings are consistent with City practice, affirm revising the float up process as follows: a. projects requiring an Environmental Impact Report: replace Planning Commission (PC) float up with a combined float up meeting of PC and four members of the Architectural Review Board (ARB); and b) projects exempt from the California Environmental Quality Act: add a -float up with a combined meeting of PC and four members of the ARB, direct staff to develop possible approaches to prioritizing projects that meet certain criteria and return to Council at a future date, and direct staff to negotiate applications for mixed -use housing projects with the goal of achieving the recommended average unit size of 900 square feet gross floor area and minimum unit sizes- consistent with the City's Affordable Housing Production Program, was presented. 4 January 8, 2013 Mayor Pro Tem O'Day Members of the public Denise Barton, Christina Gerla, Jim Gerstley, Carol arrived at 8:22 pm. Leimlein, Silke Kohler, Kay Ward, Valerie Griffin, David Hibbert and Ryan Swanson, spoke in support of the recommendation. Members of the public Dave Frymer, Laurel Rosen, Carl Hansen, Chris Ring, Robert York, Michael Folonis, Robert Robledo, Sue Potter, John Zinner, Gwynne Pugh, Jenna Linnekens, Ellis O'Connor, Stephen Youngerman, Ron Davis, Mike Groning, Barbara Whitney, Paula Larmore, Lewis Perkins, Ellen Hannan, Wade Killefeol, Ron Goldman, Nancy Morse, Andrew Hoyer, Jerry Rubin, Christal Anderson, Zina Josephs, John Dahl, Mike Salazar, John Smith, Diana Gordon, Evelyn Lauchenaer, William Comanor, John Riddle, James Mary O'Connor, Dominic Fresquez, Mary Marlow, John McBohn, Gloria Heller, Ellen Brennan, Parham Akhavan, Brad Cox, Armen Melkonians, and Amy Aukstilkalnis spoke in opposition to the recommendation. Members of the public Dale Goldsmith, Hank Koning, Rachel Torres, Valerie Griffin, Ken Kutcher, Bill Delvac, and Elizabeth Vandenburgh spoke in opposition to some of the recommendation and support of some of the recommendation. Motion by Councilmember Davis, seconded by Councilmember Holbrook, to hear late speaker cards for one minute each. The motion was unanimously approved by voice vote, with all members present. Members of the public Gregg Heacouh and Taylor Glieden spoke in opposition to the recommendation. Member of the public David W. Martin spoke in opposition to some of the recommendation and in support of some of the recommendation. Considerable discussion ensued on topics including infrastructure review, environmental impact reports and Bergamot and Downtown plans. Motion by Councilmember Holbrook, seconded by Councilmember Winterer, to discuss the staff recommendations by the bullet points on the presented power point and vote on staff s recommendation to affirm shifting of the responsibility for the hosting of the Community meeting from staff to the project applicant. Motion to amend by Councilmember Winterer, which was accepted as friendly by the maker, to affirm shifting of the responsibility for the hosting of the Community meetings from staff to the project applicant and additionally directing that the meetings include list of proposed community benefits to be presented at the meeting; a clear description of Tierl by right projects be presented; a clear description of Tiers 2 and 3 projects exceeding Tier 1 parameters be presented; a map of the area of the proposed project showing already built and proposed projects nearby with 5 January 8, 2013 relative height and mass be presented; and that the developer's meeting report go to the designated organization at the same time as city staff for comments, resulting in a balanced report of meeting with input from both staff and residents. Council provided further direction, which was incorporated in an approval of the motion by voice vote. The motion was unanimously approved by voice vote unanimously with all members present. Motion by Councilmember Holbrook seconded by Councilmember O'Day, to affirm revising the float up process as follows: a) projects requiring an Environmental Impact Report: replace Planning Commission (PC) float up with a combined float up meeting of PC and four members of the Architectural Review Board (ARB); and b) projects exempt from the California Environmental Quality Act. Motion to amend by Councilmember Winterer, to eliminate votes at joint Architectural Review Board/Planning Commission float ups before the City Council float up; providing that the City Council's vote on the float up would only cover whether to enter negotiations; to allow Tier one and Tier two applicants to opt out of the float up if they agree to a longer window for Planning Commission review; to follow staff's recommendation for Tier three applicants; and to request staff return with suggestions regarding giving the Architectural Review Board greater discretionary purview. The motion was accepted by the seconder as friendly. The motion was unanimously approved by voice vote, with all members present. Mayor O'Connor, gave direction to staff to establish a longer window of time for Planning Commission review. The direction was unanimously approved by voice vote with all members present. Staff direction was provided to return with information regarding moving projects through the meeting process through more quickly, with Council consensus. CONTINUE WITH NEW Motion by Councihnember McKeown, seconded by Mayor O'Connor, to ITEMS PAST 11:00 P.M. continue with the remaining items on the agenda past 11:00 a.m. The motion was unanimously approved by voice vote, with all members present. Considerable discussion ensued regarding prioritization of projects. Council provided direction to staff regarding prioritization. ITEMS HEARD OUT OF On order of the Mayor, Items 13 -C and 13 -A were heard out of order. ORDER WESTSIDE CITIES 13 -C: Request of Mayor Pam O'Connor to appoint Councilmember COUNCIL OF Kevin McKeown as Governing -Board Representative to the Westside GOVERNMENTS (COG) Cities Council of Governments (COG) and designate an Alternate 6 January 8, 2013 Governing Board Representative. The Joint Powers Authority and By- laws require each City Council to designate one of its Councilmembers as a Governing Board Representative and one Councilmember as an Alternate Governing Board Representative, was presented. Motion by Mayor O'Connor, seconded by Mayor Pro Tern O'Day, to appoint Councilmember McKeown as Representative. The motion was unanimously approved by voice vote, with all members present. Motion by Councilmember Winterer, seconded by Mayor Pro Tern O'Day, to appoint Councilmember Davis as alternate. The motion was unanimously approved by voice vote, with all members present. ARCHITECTURAL 13 -A: Appointment to one unscheduled vacancy on the Architectural REVIEW BOARD Review Board for a term ending on June 30, 2016 was presented. On order of the Mayor, the floor was opened for nominations. Councilmember Winterer nominated Kevin Daly. There being no other nominations, Mr. Daly was appointed by acclamation, with all members present. ADMIN. ITEMS: 8 -A: Discontinue On -Going Funding to the Pico Youth and Family HUMAN SERVICE Center (PYFC), a Grantee of the Human Services Grants Program GRANT (HSGP) through the Expiration of the "Last Chance Agreement" with Social and Environmental Entrepreneurs (SEE) — recommendation that the City Council discontinue on -going funding of PYFC, a grantee of the Human Services Grants Program through the expiration of the "Last Chance Agreement" with SEE; and authorize the City Manager to negotiate and execute a modification to Contract No. 9605 in an amount not to exceed $78,805 with SEE to close -out outstanding financial and reporting obligations including compensation (up to three months) for PYFC staff, was presented. Members of the public Jerry Rubin, Pavlina Sahagun, Rachel Tones, Cluistel Andersen, Oscar de la Torre Treyone Qualls, Leila Steinberg, Chad Sells, Francisco Juarez, Manny Bravo, Markashia Jeter, Ruben Pachecho, Michelle Castillo, Chris Nunez, Angel Villasenor, Albert Meza, Selina Barajas, Ruth Ramos, Alejandro Aldana, Johnny Ramirez, Myner Godoy, Diane Romo, Sam Scheller, , Natalie Hernandez, Julian Ayala, Elias Serna, Nury Chavez, Gabriel Avila, Ramon Romo, Marcus Tappen, Susana, Joey Bravo, Teresa Vivano, Joanna Villegas, Ian Glover, Josue Rojas, Kasey Aparicio, Santiago Andres Garcia, Jasmine Jamison, Elena Pina, David Killian, Maria Loya, Gina de Vaca, Marcos Santana, 011a Mitchell, Cheryl Rich, Diana, Fabiloa Blom, Chrisina Davila, Anayeli Rivas, Aces Lira, Ira McAliley, Lisette Castillo, Omari Hughes, Justin Mendez, Alfredo Avila, Monica Sagahun, Denise Neal, Maria Leon - Vazquez, and Lydia Ponce spoke in opposition to the recommendation. 7 January 8, 2013 Members of the public Amanda Seward, Judy Spiegel, and Jill Moniz spoke regarding the recommendation. Considerable discussion ensued on topics including how to best serve the population. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to direct staff to engage with the community to discuss how best to serve this population; continue the funding through June 30, 2013; direct staff to engage in a dialogue with our partners, community leaders and non- profit leaders, particularly those who are engage in the Cradle to Career Network about the best way to provide the services to this population, 16 — 24 year old at -risk young people, then generating a request for proposals by the end of March which persons or organization(s) would be best to provide those services on an on -going basis; this would not preclude the Pico Youth and Family Center from reconstituting itself and making its own proposal or joining with another organization to combine their capabilities to be able to provide those services, and at the same time meet the fiduciary and management responsibilities of receiving public grant dollars. The motion was approved by the following votes: AYES: Councilmembers McKeown, Winterer; Holbrook, Davis, Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None. ABSENT: None. COUNCIL ITEMS: 13 -B: Request of Councilmembers McKeown, Vazquez and Winterer that staff provide information, options, and recommendations SUSTAINABILITY regarding the impacts on Santa Monica's various sustainability goals GOALS of recent state and SLAG actions on CEQA rules for transit - oriented development, including but not limited to land use discretion, availability of information to assess project impacts- on traffic, mobility, and air quality, and protection and retention of existing affordable housing stock. On order of the Mayor, this item was continued to the January 22nd meeting. HOUSING PROJECTS 13 -D: Request of Councilmembers Davis and Winterer that staff draft for the next Council meeting both a regular ordinance and an emergency ordinance effective 1/8/13 to eliminate administrative approvals of housing projects of 50 or fewer units providing 100% moderate income units and instead allow for administrative approval of projects of 50 or fewer units with a maximum of 75% of the units restricted to moderate income households and the remainder restricted to low income, very low income or extremely low income households. 8 January 8, 2013 On order of the Mayor, this item was continued to the January 22nd meeting. LUCE STRATEGIES 13 -E: Request of Councilmembers Holbrook and Winterer that staff report as soon as possible on implementation of LUCE strategies for reducing traffic and enhancing circulation. On order of the Mayor, this item was continued to the January 22nd meeting. PUBLIC INPUT: Member of the public Denise Barton commented on various local concerns. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 2:55 a.m. in memory of Huell Howser. ATTEST: sq�wv Sarah P. Gorman City Clerk APPROVED: Pam O'Connor Mayor January 8, 2013