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m-022613CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 26, 2013 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Day at 5:32 p.m., on Tuesday, February 26, 2013, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor (arrived at 5:50 p.m) Mayor Pro Tem Terry O'Day Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Tony Vazquez (arrived at 5:50 p.m.) 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 5:32p.m., with Mayor O'Connor and Councilmember Vazquez absent. Councilmember Davis led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Members of the public Catherine Eldridge and Bob Brunner commented on Item 1 -C. On order of the Mayor Pro Tem, the City Council, recessed at 5:36 p.m., to Mayor O'Connor and consider closed sessions and returned at 7:20 p.m., with all members Councilmember Vazquez present, to report the following: arrived at 5:50 pm. 1 -A: Conference with Labor Negotiator City Negotiator: Donna Peter, Director of Human Resources Bargaining Units: Administrative Team Associates (ATA) Municipal Employees Association (MEA) Supervisory Team Associates (STA) The City Attorney advised this matter was heard and no reportable action was taken. 1 -13: Conference with Legal Counsel —Existing Litigation: Kennedy v. City of Santa Monica, Los Angeles Superior Court Case No. 113020 February 26, 2013 City Attorney Marsha Moutrie recommended a Settlement agreement in the amount of $115,000 for this trip and fall case from a displaced sidewalk. Motion by Councilmember Davis, seconded by Councilmember Vazquez, to approve the recommended Settlement Agreement No. 9716 (CCS). The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tempore Terry O'Day, Mayor O'Connor NOES: None ABSENT: None I -C: Conference with Legal Counsel - Existing Litigation: Village Trailer Park v. City of Santa Monica, Los Angeles Superior Court Case No. RS141223 The City Attorney advised this matter was heard and no reportable action was taken. 1 -D: Conference with Legal Counsel — Anticipated Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9 (c) —1 case The City Attorney advised this matter was heard and no reportable action was taken. SPECIAL AGENDA 2 -A: Proclamation declaring March 2013 as "Women's History ITEMS: Month" and 2013 Report on Status of Women and Girls (CCS), was presented to the Commission on the Status of Women by Mayor O'Connor. CONSENT CALENDAR: Members of the public Joy Fulmer, Jeff Segal, Michael Joney, Denise Barton and Jerry Rubin commented on various Consent Calendar items. All items were considered and approved in one motion unless removed by a Councilmember for discussion. At the request of Councilmember Vazquez, Items 3 -A and 3 -H were removed from the Consent Calendar. At the request of Councilmember McKeown, Item 3 -B was removed from the Consent Calendar. Motion by Councilmember Davis, seconded by Councilmember Holbrook, to approve the Consent Calendar, excepting items 3 -A, 3 -B, and 3 -H, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: February 26, 2013 AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tempore O'Day, Mayor O'Connor NOES: None ABSENT: None EMERGENCY 3 -C: Award Purchase Order for the Purchase of ADA Compliant SHELTERING Cots — recommendation to authorize a Purchase Order to Joffe Emergency Services, in the amount of $50,000 for FY 2012 -13, to purchase 200 -250 ADA compliant emergency sheltering cots, was approved. SLURRY MATERIALS 3 -D: Purchase Order Amendment for Street Maintenance Slurry Material — recommendation to amend Purchase Order No. 342316 -OP with Petrochem Manufacturing, Inc. in the amount of $338,333.76 for the purchase and delivery of slurry materials, resulting in a total purchase order amount of $434,333.76, was approved. LANDSCAPE 3 -E: Caltrans Agreement for Maintenance of Landscape Area within MAINTENANCE State Highway Right -of -Way — recommendation to authorize the City Manager to negotiate and execute Agreement No. 9711 (CCS) with California Department of Transportation for the maintenance of landscape areas within the State Highway right -of -way located above the McClure Tunnel at the intersection of Ocean Avenue and Colorado Boulevard, was approved. PARKING STRUCTURES 3 -F: Professional Services Agreement for Elevator Improvements in Parking Structures 2, 4, and 5 — recommendation to authorize the City Manager to negotiate and execute a Professional Services Agreement No. 9712 (CCS) with IDS Group in an amount not to exceed $191,840 to provide design and preconstruction services for the elevator improvements in Parking Structures 2, 4, and 5, was approved. VEHICLE DONATION 3 -G: Donation of vehicles to the Terry Farrell Firefighter Fund — recommendation to authorize the City Manager to donate five used Fire Department support vehicles by transfer of title to and execute an Agreement No. 9713 (CCS) with the Terry Farrell Firefighters Fund for the Fire Departments severely affected by Hurricane Sandy, was approved. PURCHASE POOL 3 -I: Award Bid for the Purchase of Pool Chemicals for the CHEMICALS Annenberg Community Beach House — recommendation to award Bid No. F4027 to Commercial Aquatic Services in an amount not to exceed $30,250 to furnish and deliver chemicals for the pool at the Annenberg Community Beach House, with two one -year renewal options for a total amount not to exceed $130,250 over a three -year period, was approved. 1401 OCEAN AVENUE 3 -J: License Agreement for Private Encroachments into the Public Right -of -Way at 1401 Ocean Avenue — recommendation to authorize the City Manager to negotiate and execute a 10 -year license Agreement 9715 (CCS) with King's Seafood Company LLC, with option to renew for two February 26, 2013 additional 5 -year terms, for the construction of new landscaping and a concrete stairway and access ramp in the public right -of -way on Ocean Avenue for an area up to 490 square feet and charge fees for the net increase in encroachment area up to 150 square feet in the amount of $3,656 annually, was approved. PIER BRIDGE 3 -K: Pier Bridge Interim Pedestrian Safety Improvements— recommendation to authorize the City Manager to negotiate and execute a first modification to Contract No. 9690 (CCS) in the amount of $150,000 with Meek Shea, Joint Venture, to implement Pier Bridge interim pedestrian safety improvements, with a new contract amount not to exceed $8,350,000; and appropriate budget changes, was approved. CITY INVESTMENT 3 -L: Annual Update on City Investment Policy — recommendation that POLICY City Council: approve a revised City Investment Policy; approve divestment of all City investments from fossil fuel companies as defined by 350.org guidelines; extend the delegation of investment authority to the Director of Finance, as City Treasurer, from March 1, 2013 through February 28, 2014; adopt Resolution Nos. 10734 (CCS) entitled: "A Resolution Of The City Council Of The City Of Santa Monica Authorizing The Establishment And Use Of Bank And Brokerage Accounts And Updating The List Of Persons Authorized To Conduct Transactions With The State Local Agency Investment Fund" and 10735 (CCS) entitled: "A Resolution Of The City Council Of The City Of Santa Monica Establishing Investment Instructions For The Cemetery And Mausoleum Perpetual Care Funds;" and recommendation that the Successor Agency Governing Board: review and approve the City's Investment Policy for Successor Agency Investments; approve divestment of all Successor Agency investments from fossil fuel companies as defined by 350.org guidelines; extend investment authority to the Treasurer of the Successor Agency, from March 1, 2013 through February 28, 2014; and adopt Resolution No. 14 (SA) entitled: "A Resolution Of The Santa Monica Redevelopment Successor Agency Authorizing The Establishment And Use Of Bank And Brokerage Accounts And Updating The List Of Persons Authorized To Conduct Transactions With The State Local Agency Investment Fund For LAIF Account Number 6519064," was approved. MINUTES 3 -A: Approval of minutes of the October 2 and October 23, 2012, City Council meetings, were presented. Councilmember Vazquez advised that he removed this item because he was not a Councilmember at the meetings in question and accordingly will abstain from the vote. Motion by Mayor O'Connor, seconded by Councihnember McKeown, to approve the minutes, as submitted. The motion was approved by the following vote: February 26, 2013 AYES: Councilmembers Davis, Holbrook, McKeown, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: None ABSTAIN: Councilmembers Vazquez ,Winterer FIRE INSPECTIONS 3 -B: Adopt Resolution No. 10733 (CCS) entitled: "A Resolution Of The City Council Of The City Of Santa Monica Establishing Responsibility For Payment For Annual Fire Inspections Of Commercial Buildings," was presented. Councilmember McKeown advised that he removed this item because he wanted to receive further information from staff. Staff provided information in response to his request. Motion by McKeown, seconded by Councilmember Davis to adopt Resolution No. 10733 (CCS) reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tom O'Day, Mayor O'Connor NOES: None ABSENT: None CRADLE TO CAREER 3 -H: Modification of Agreement Related to Cradle to Career INITIATIVE Initiative — recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 9714 (CCS)with Jonathan Mooney, consultant in the amount of $107,500 to provide strategic planning, facilitation, and support to the City's Cradle to Career Initiative, resulting in a two -year and six month agreement for the period Jan. 1, 2012 — June 30, 2014, for a total amount of $177,500, and appropriate budget changes, was approved. Councilmember Vazquez advised pulled this item because he wanted to receive further information from staff. Motion by Councilmember McKeown seconded by Councilmember Davis, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tom O'Day, Mayor O'Connor NOES: None ABSENT: None February 26, 2013 ORDINANCES: 7 -A: Second reading and adoption of Ordinance 2416 (CCS) entitled: PARKING MANAGMENT "An Ordinance Of The City Council Of The City Of Santa Monica Amending Santa Monica Municipal Code Section 3.04.050 Relating To Payment For Parking, Adding Section 3.12.905 Relating To Temporary No Parking Permits, And Amending Section 3.36.280 Relating To City -Owned Parking Facilities," was presented. Motion by Councihnember Holbrook, seconded by Councilmember Winterer, to adopt Ordinance No. 2416 (CCS), ready by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tempore O'Day, Mayor O'Connor NOES: None ABSENT: None AFFORDABLE HOUSING 7 -B: Second reading and adoption of Ordinance No. 2417 (CCS) entitled: "An Ordinance Of The City Council Of The City Of Santa Monica Amending Interim Ordinance Number 2407 (CCS), Which Established Interim Development Procedures Pending Implementation Of The Luce, Including Modifications Addressing Ordinance Applicability, Cm District Non-Conforming Uses, Shared Parking And Far Calculations In The Downtown, Exemptions For City Projects, Provisions Relating To The Permitted Number Of Restaurants In The CM District, The Replacement Of Existing Public Parking Spaces Within Public Parking Structures In BSC -2 And C3 -C Zoning Districts, And Authorization Of Existing Nonconforming Automobile Dealership Uses And Minor Expansions Thereto In Residential And "A" Off - Street Parking Overlay Zones, To Modify The Requirements For Ministerial Processing Of 100% Affordable Housing Of 50 Or Fewer Units," was presented. Motion by Councilmember Davis, seconded by Councilmember Winterer, to adopt Ordinance No. 2417 (CCS), ready by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tem O'Day, Mayor O'Connor NOES: None ABSENT: None DEVELOPMENT 7 -C: Second reading and adoption of Ordinance No. 2418 (CCS) AGREEMENTS entitled: "An Ordinance Of The City Council Of The City Of Santa Monica Amending Santa Monica Municipal Code Section 9.48.090 To Extend The Time Period For The Planning Commission To Make A Formal Recommendation On A Development Agreement To The City Council And To Clarify Existing Law And Practice," was presented. February 26, 2013 Motion by Councilmember McKeown seconded by Councilmember Davis, to adopt Ordinance No. 2418 (CCS), ready by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tempore O'Day, Mayor O'Connor NOES: None ABSENT: None SIGNS 7 -D: Introduction and first reading of an Ordinance making permanent the provisions of Ordinance No. 2936 (CCS) that established a new permitted temporary portable sign type for properties located with the Main Street Commercial zoning district, was presented. Members of the public Caitlin McGinnis, Jerry Rubin, and Gary Gordon spoke in favor of the recommendation. Motion by Councilmember Winterer, seconded by Councilmember Holbrook, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof. AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tempore O'Day, Mayor O'Connor NOES: None ABSENT: None TRANSPORTATION 7 -E: Introduction and first reading of an ordinance to establish a IMPACT FEE Transportation Impact Fee to facilitate developer contributions to transportation network improvements and the achievement of no net new trips in the afternoon peak hour, was presented. Members of the public Jerry Rubin, Elizabeth Van Denbury, Scott Sing, Gloria Garvin, Zina Josephs, Kent Strumpell, Mary Marlow, Cynthia Rose, Bryan Beretta, John C. Smith, Gary Kavanaugh, and John Petz spoke in favor of the recommendation. Members of the public Ellen Hannan, Ellis O'Connor, Susan Gabriel Potter, Carl Hansen, Brad Cox, Julia Ladd, Dale Goldsmith, Dave Rand, and Kathleen Rawon, spoke in opposition to the recommendation. Considerable discussion ensued including such topics as affordable housing, second floor retail, transportation infrastructure, use of unit size in the study, and location efficiency. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof, including the amendments suggested February 26, 2013 by staff, which include a revised Area Types Map in Section 9.73.030, a revised Area 1 description in Section 9.73.030(a) to match map, a revised Area 3 Overlay definition in Section 9.73.030(c), corrections to subsection references in Section 9.73.040(a)2.(C), correction to Area 3 reference in Section 9.73.040(a)6 (Page 13), revision to reference to credit for outdoor uses for service stations or auto dealer in Section 9.73.040(a)7, revision to automatic adjustment clause for vesting tentative maps in Section 9.73.040(b) 1, and revision to the construction cost index study description in Section 9.73.080 from "engineering construction cost" to "construction cost." AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tempore O'Day, Mayor O'Connor NOES: None ABSENT: None STAFF ITEMS: 8 -A: Adopt Santa Monica's 15 x 15 Climate Action Plan — CLIMATE ACTION PLAN recommendation that City Council: Adopt the 15 x 15 Climate Action Plan; establish additional community greenhouse gas emissions reduction targets of 30% reduction of emissions below 1990 by the year 2030 and 80% reduction below 1990 by 2050; and direct staff to analyze the feasibility and cost of reducing greenhouse gas emissions in municipal operations, was presented. Members of the public Jerry Rubin, Zina Josephs, Gary Kavenaugh, and Michael Toney spoke in favor of the recommendation. Members of the public Denise Barton spoke in opposition to the recommendation. Discussion ensued regarding solar incentives, timing of implementing goals, urban runoff, increased in municipal emissions, and airport emissions. Motion by Councilmember McKeown, seconded by Councilmember Vazquez, to approve the recommendation action. Motion to amend by Councilmember Davis, to additionally require periodic requests to Council. The maker and seconder accepted the motion to amend as friendly. Motion to amend by Mayor O'Connor, to use the language "act of transportation and universal access" in lieu of "alternative modes of transportation." The maker and seconder accepted the motion as friendly. February 26, 2013 The motion with amendments was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tem O'Day, Mayor O'Connor NOES: None ABSENT: None COUNCIL ITEMS: 13 -A: Request of Councilmember McKeown that, pursuant to AFFORDABLE HOUSING discussions at the February 21st Housing Commission meeting, Council authorize staff to prepare an ordinance amending affordable housing income and rent level standards so as to better provide true affordability, was presented. Councilmember Holbrook was excused at 10: 30 p. m. PUBLIC INPUT: Members of the public Denise McGranahan and Michael Tarbet spoke in favor of the recommendation. Motion by Councilmember McKeown seconded by Councilmember Davis to approve the request. Motion to amend by Councilmember McKeown, to direct staff to work with the Legal Aid Foundation of Los Angeles and others who helped generate the document. The maker and seconder accepted the motion to amend as friendly. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. Members of the public Michael Joney, Denise Barton, Garnet Steward and John Foster commented regarding various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:45p.m. in memory of Aida Cynthia DeSantis, Colby West and Robert Long. ATTEST: APPROVED: Sarah P. Gorman Pam O'Connor City Clerk Mayor 9 February 26, 2013