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m-040913CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 9, 2013 A regular meeting of the Santa Monica City Council was called to order by City Clerk Sarah Gorman at 5:32 p.m., on Tuesday, April 9, 2013, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor (arrived at 5:40 p.m.) Mayor Pro Tem Terry O'Day (arrived at 5:34 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 the City Clerk, the City Council convened at 5:32 p.m., with Mayor Pro Tem O'Day and Mayor O'Connor absent. Danielle Noble led the assemblage in the Pledge of Allegiance. INTERIM CHAIR In absence of the Mayor and Mayor Pro Tem, the City Clerk opened up the floor for nominations for an Interim Chair. Motion by Councilmember Winterer seconded by Councilmember Holbrook to nominate Councilmember McKeown as Interim Chair. The motion was approved unanimously by voice vote with Mayor Pro Tern O'Day and Mayor O'Connor absent. The meeting was turned over to Interim Chair McKeown. CLOSED SESSIONS Member of the public Denise Barton commented on various closed (Mayor Pro Tem O'Day session items. arrived at 5:34 p.m. and assumed the Chair.) On order of the Mayor Pro Tem, the City Council recessed at 5:35 p.m., to consider closed sessions and returned at 6:38 p.m., with all members present, to report the following: 1 -A: Public Employee Evaluation, Title of Employees: City Manager and City Attorney City Attorney Moutrie reported that this item was not heard. 1 -B: Conference with Real Property Negotiator: April 9, 2013 CONSENT CALENDAR: Property: 2525 Michigan Avenue City Negotiator: Andy Agle, Dir. Housing and Economic Development Under Negotiation: Interest in Real Property Owner of Record: City of Santa Monica City Attorney Moutrie reported that this item was heard but no reportable action was taken. 1 -C: Conference with Legal Counsel —Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1) - City of Santa Monica; Successor Agency to the Redevelopment Agency of the City of Santa Monica; Community Corporation of Santa Monica v. California Director of Finance, Ana J. Matosantos; California State Board of Equalization; Wendy L. Watanabe, Los Angeles County Controller, Sacramento Superior Case Number 34- 2013 - 80001382 City Attorney Moutrie reported that this item was heard but no reportable action was taken. 1 -D: Conference with Legal Counsel —Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9- (d)(2) — I case: 2009- La -Mesa- City Attorney Moutrie reported that this item was heard but no reportable action was taken. 1 -E: Conference with Legal Counsel - -Potential Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9 (d)(4) —1 case City Attorney Moutrie reported that this item was heard but no reportable action was taken. All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Denise Barton and Joy Fulmer commented on various Consent items. Motion by Councilmember Vazquez, seconded by Mayor Pro Tem O'Day, 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, April 9, 2013 Vazquez, Mayor Pro Tem O'Day, Mayor O'Connor NOES: None ABSENT: None ELECTRIC VEHICLES 3 -A: Reject Award for the Purchase of Toyota RAV4 Electric Vehicles — recommendation to reject the award of a purchase order to National Auto Fleet Group in an amount not to exceed $554,651 for ten Toyota RAV4 electric vehicles, and direct staff to initiate a formal bid for the purchase of the vehicles, was approved. OFFICE OF 3 -B: Office of Emergency Management Lease — recommendation to EMERGENCY authorize the City Manager to negotiate and execute a month -to -month MANAGEMENT Lease No. 9722 (CCS) with 2800 Wilshire, LLC, -at a rate -of $1.00 per month for the storage of essential emergency management supplies, was approved. PRINT SHOP/ MAIL 3 -C: Amendment to Print Shop and Mail Room Lease — ROOM LEASE recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 9450 (CCS), with STG Three Properties, LLC, in the amount of $8,240 per month to extend the lease at 1660 Lincoln Boulevard to accommodate continued occupancy by the Print Shop and Mail Room through March 31, 2014, was approved. UTILITY 3 -1): Contract for City Net Utility Undergrounding and Excavation UNDERGROUNDING — recommendation to authorize the City Manager to negotiate and execute Contract No. 9723 (CCS) with KDC, Inc. dba Dynalectrie, in an amount not to exceed $400,000 to provide utility undergrounding, excavation, and construction services related to the City's fiber optic network, and authorize any necessary change orders, was approved. SPECIALTY CAMPS 3 -E: Agreement with Socceropolis for Specialty Camps and Classes — recommendation to authorize the City Manager to negotiate and execute Agreement No. 9724 (CCS) with Socceropolis, in an amount not to exceed $150,000_ for - specialty camps and classes for FY 2013-14; agreement with for one year with an option to renew for two additional one -year terms, was approved. SETTLEMENT 3 -F: Settlement Agreement for Fire Fighter In- Service Training AGREEMENT Program — recommendation to authorize the City Manager to negotiate and execute Settlement Agreement No. 9725 (CCS) with El Camino Community College, in the amount of $19,707 for Fire Fighter In- Service Training Program, was approved. FILM PERMITS 3 -G: Professional Service Agreement for Film Permit Coordination, Notification, and Monitoring Services — recommendation to authorize the City Manager to negotiate and execute Professional Service Agreement No. 9726 (CCS) with Film L.A., Inc., to provide film permit coordination, notification, and monitoring services for filming activities on April 9, 2013 public property, public right -of -way, and in City facilities, at no cost to the City; agreement would be for three years with two additional one -year renewal options, was approved. VEHICLE TIRES 3 -H: Purchase Order Modification for Vehicle Tires - recommendation to approve a modification to purchase order #20921 -OF in the amount of $28,813 with Byron Woodley Tire Company to cover the anticipated purchase, delivery and repair of light -duty and passenger vehicle tires for the remainder of FY 2012 -13, to result in a revised purchase order total not to exceed $80,813 through June 30, 2013, was approved. ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2421 (CCS) SUSTAINABILITY entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY RIGHTS OF SANTA MONICA ESTABLISHING SUSTAINABILITY RIGHTS ", was presented. Motion by Councilmember McKeown, seconded by Councilmember Davis, to adopt Ordinance No. 2421 (CCS), reading 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 Tern O'Day, Mayor O'Connor NOES: None ABSENT: None VILLAGE TRAILER 7 -B: Second reading and adoption of Ordinance No. 2422 (CCS) PARK 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. Motion by Councilmember McKeown, second by Councilmember Winterer, to pose a question to Applicant Marc Luzzatto. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day NOES: Mayor O'Connor ABSENT: None Mr. Luzzatto responded to questions from Council. Staff responded to questions from Council. April 9, 2013 Motion by Mayor Pro Tem O'Day, seconded by Councilmember Holbrook, to adopt Ordinance No. 2422 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Davis, Mayor Pro Tem O'Day, Mayor O'Connor NOES: Councilmembers McKeown, Winterer, Vazquez ABSENT: None Councilmember McKeown would like the record to show that his "no" vote was reflects disappointments over a miscalculated FAR, lack of clarity on the protection afforded the remaining residents during construction and how the relocated residents can pursue their grievances and complete disappointment in the insufficient affordability represented by this project. Councilmember Winterer would like the record to reflect that this "no" vote was driven by concerns about the floor area ratio calculations, which was dismaying because of the only code required affordable housing out of a Tier 3 or possibly greater project, that floor area calculations have also driven the design, which is inappropriate for the area, that the City has not tried hard enough to get enough PV out the project or an aggressive AVR target, and did not deal with unit mix satisfactorily. MAIN STREET VENDING 7 -C: Introduction and first reading of an Ordinance Amending Section 6.36.095 of the Municipal Code in Order to Limit Late Night Vending Activities on Main Street, was presented. There was no one present for public comment. Motion by Councilmember Winterer, seconded by Councilmember Davis, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor O'Connor NOES: Mayor Pro Tem O'Day ABSENT: None PEDICAB 7 -D: Introduction and first reading of an Ordinance adding Santa REGULATIONS Monica Municipal Code Chapter 6.50 to establish pedicab regulations, amend Section 3.12.550 to prohibit pedicabs from operation on the Beach Bike Path, and amend Section 6.48.030- to require pedicabs to have a business license; and adopt Resolution No. 10748 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING PEDICAB PERMIT April 9, 2013 FEES," was presented. Staff provided information in response to Council questions. Member of the public Jerry Rubin spoke in support of the recommended action. Members of the public Denise Barton, Jay Miller, Linda Armstrong, and John C. Smith spoke in opposition to the recommended action. Motion by Councilmember McKeown; seconded by Councilmember Davis, to introduce the ordinance for first reading and adopt Resolution No. 10748 (CCS), reading by title only and waiving further reading thereof. Motion to amend by Councilmember Davis, to move the recommended action and also request a report back to Council in six months. The motion was accepted as friendly by the maker of the motion. The motion, as amended, was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: None STAFF ITEMS: 8 -A: Adoption of a Resolution Setting Public Parking Rates — PUBLIC PARKING recommendation to adopt Resolution No. 10743 (CCS) entitled: "A RATES RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PARKING RATES AND PERMIT FEES FOR ALL CITY PARKING FACILITIES AND RESOURCES ", was presented. Member of the public Jerry Rubin spoke in support of the recommended action. Motion by Councilmember Winterer, seconded by Mayor Pro Tem O'Day, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Winterer, McKeown, Mayor Pro Tern O'Day, Mayor O'Connor NOES: Councilmember Holbrook ABSENT: None SPECIAL JOINT On order of the Mayor, the City Council convened to a joint meeting with MEETING the Housing Authority at 8:01 p.m., with all members present. April 9, 2013 REPORT ON MEETING Pursuant to State law, City Clerk Sarah Gorman announced that Council COMPENSATION will receive $50 for meeting as the Housing Authority. PUBLIC HEARINGS: 9 -A: Draft FY 2013 -14 Housing Authority Annual and HOUSING AUTHORITY Administrative Plans — recommendation that the Housing Authority and City Council: hold a public hearing to receive public comment; adopt the Housing Authority's FY 2013 -14 Annual Plan which includes revisions to the Administrative Plan; and authorize the submission of the Administrative Plan to the United States Department of Housing and Urban Development (HUD), was presented. Member of the public Chtistel Andersen spoke regarding the recommended action. Motion by Councilmember McKeown, seconded by Mayor Pro Tern O'Day, to approve the recommendation. The motion was approved by the following vote: AYES: Authority /Councilmembers - McKeown, Winterer, Holbrook, Davis,Vazquez, Chair /Mayor Pro Tern O'Day, Chair /Mayor O'Connor NOES: None ABSENT: None ADJOURNMENT OF On order of the Chair/Mayor, the joint meeting of the City Council and the SPECIAL JOINT Housing Authority was adjourned at 8:06 p.m., and the regular City ME ETING Council was reconvened at 8:06 p.m., with all members present. COUNCIL_ ITEMS: 13 -A: - Appointment to one unscheduled - vacancy on the Recreation - RECREATION AND and Parks Commission for a term ending on June 30, 2015, was PARKS COMMISSION presented. Councilmember Winterer nominated Albin Gielicz. Councilmember McKeown nominated John Cyrus Smith. Councilmember Holbrook nominated Steve Duron. On a vote of the Council, Mr. Gielicz was appointed by the following vote: Gielicz: Councilmembers Vazquez, Davis, Winterer, Mayor Pro Tern O'Day, Mayor O'Connor Smith: Councilmember McKeown Duren: Councilmember Holbrook Councilmembers Holbrook and McKeown requested to change their votes 7 April 9, 2013 to Mr. Gielicz, thereby appointing Mr. Gielicz by acclamation, with all members present. BERGAMOT AREA PLAN 13 -B: Request of Councilmembers Davis, McKeown, and Vazquez that the Council authorize staff, as part of continuing work on the Bergamot Area Plan, to explore options for creating a "high affordability housing" requirement as part of the Plan, congruent with Section 630 of the City Charter and with City staff's statement in the Bergamot Area Plan report to the Planning Commission on December 12; 2012, that "Staffs analysis has concluded that to make living in the plan area a genuine choice for 75% of the employees, rent levels would need to be between $1000 to $1500 per month for a single or one bedroom unit "; and return to Council as soon as possible with recommendations, was presented. Member of the public Christel Andersen spoke regarding the recommended action. Discussion ensued regarding housing issues. Motion by Councilmember McKeown, seconded by Councilmember Vazquez, to approve the requested action. The motion was unanimously approved by voice vote, with all members present. DISCRETIONARY FUND 13 -C: Request of Councilmembers Davis and Winterer that the EXPENDITURE -Council authorize an expenditure of $7500 from its discretionary fund to the Public Policy Institute Fund of the Santa Monica College Foundation to defray expenses of the Institute's May 13 -16th Spring Symposium: "Urban Youth: Fostering Success Through Grit. ", was presented. Member of the public Christel Andersen spoke in support of the recommended action. Motion by Councilmember Vazquez, seconded by Councilmember Davis, to approve the requested action. 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 COUNCIL TRAVEL 13 -1): Request of Councilmember Vazquez that the Council authorize the use of Council travel funds for the purpose of attending the National Association of Latino Elected and Appointed Officials (NALEO) 30th Annual Conference, June 27 - 29, 2013 in Chicago, Illinois and for Councilmembers to become members of this April 9, 2013 organization for an annual membership fee of $100 per Councilmember, was presented. Member of the public David Whatley spoke in support of the recommended action. Motion by Mayor O'Connor, seconded by Mayor Pro Tern O'Day, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: None PUBLIC INPUT: Members of the public Denise Barton, Jerry Rubin, Garret Stewart and Christel Andersen commented on various local items. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 8:45 p.m. in memory of Leo Lawrence Bourget, Joseph Hartel, and Alice Carriere. T ES APPROVED: arah P�Gorman Tayor'City Clerk 9 April 9, 2013