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m-042313CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 23, 2013 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Day at 5:31 p.m., on Tuesday, April 23, 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 5:40 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 the Mayor Pro Tem, the City Council convened at 5:31 p.m., with Mayor O'Connor and Councilmember Vazquez absent. Councilmember Davis led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS On order of the Mayor Pro Tem, the City Council recessed at 5:32 p.m., to consider closed sessions and reconvened at 6:59 p.m. to report the following action taken: 1 -A: Conference with Legal Counsel— Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2) — 4 Cases - 1) Claim of Danny Galvan & Sandra Ramirez— Claim Number 12 -1050 2) 2009 La Mesa 3)Regiomd Water Quality Control Board - City of Santa Monica Order and Proposed Settlement No. R4- 2011 -0185M (Hydraugers Installation Project Palisades Bluff) 4) 1 case City Attorney Marsha Moutrie advised that these matters were heard and no reportable action was taken. 1 -B: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code April 23, 2013 Section 54956.9 (d)(1) - Santa Monica Lodge No. 906, Benevolent and Protective Order of Elks of the United States of America v. City of Santa Monica, Los Angeles Superior Case Number BC 483305. City Attorney Marsha Moutrie advised that this matter was heard and no reportable action was taken. 1 -C: Threat to Public Services or Facilities: Consultation with Police Chief Seabrooks City Attorney Marsha Moutrie advised that this matter was heard and no reportable action was taken. SPECIAL AGENDA 2 -A: Recognition of April 2013 as Fair Housing Month, was presented ITEMS: to the Mayor. 2 -B: A presentation from Grades of Green/Muir /SMASH, was presented to the Mayor. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Member of the public Denise Barton and Brian Hutchings expressed concern regarding various Consent Calendar items. At the request of Councilmember Vazquez, Item 3 -A was removed from the Consent Calendar. At the request of the City Manager, Item 3 -G was removed from the Consent Calendar. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to approve the Consent Calendar with the exception of Items 3 -A and 3 -G, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Davis, Holbrook, McKeown, Vazquez, Winterer, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: None 1550 PCH 3 -B: Authorization from the City Manager to negotiate and execute a License Agreement with Cirque du Soleil for Use of a Portion of the 1550 PCH Parking Lot — recommendation to authorize the City Manager to negotiate and execute License Agreement No. 9728 (CCS) with Cirque du Soleil for use of a portion of the 1550 PCH parking lot for theatrical performances from January 2 through March 29, 2014, was approved. April 23, 2013 2525 MICHIGAN 3 -C: 2525 Michigan Purchase and Sale of Parcel —recommendation to authorize the City Manager to negotiate and execute purchase and sale Agreement No. 9729 (CCS) with the Exposition Construction Authority to sell a 19,389- square -foot portion of City -owned property at 2525 Michigan Avenue for the construction and operation of the Exposition Light Rail Transit station, was approved. AUDITS- 3 -1): Agreement with MuniServices, LLC for Utility Users Tax and Franchise Fee Audit and Revenue Enhancement Services — recommendation to authorize the City Manager to negotiate and execute Contract No. 9730 (CCS) with MuniServices, LLC for a fixed fee component of $425,000 for a five year term plus a contingency fee component for certain specific audits for the City for Utility Users Tax (UUT) and Franchise Fee audit and revenue enhancement services, was approved. LINCOLN BOULEVARD 3 -E: Award Construction Contracts for Lincoln Boulevard Resurfacing Project, Federal Aid Project No. STPL -5107 (034) — recommendation to authorize the City Manager to negotiate and execute Contract No. 9731 (CCS) with Sully - Miller Contracting Co., in an amount not to exceed $2,010,872 for the resurfacing of Lincoln Boulevard from the Santa Monica Freeway to the southern City limit; authorize the City Manager to negotiate and execute Contract No. 9732 (CCS) with Onward Engineering, in an amount not to exceed $176,000 for construction management and inspection services for the resurfacing of Lincoln Boulevard; authorize the issuance of an after -hours construction permit to perform work between the hours of 8 PM and 6 AM, Monday through Friday over the project duration, contingent on satisfying notification requirements as contained in Santa Monica Municipal Code 4.12.110; and authorize the Director of Public Works to issue any necessary change orders to complete additional work within budget authority, was approved. CITY CORPORATION 3 -F: Agreement Modification for Environmental Services for City YARD /OLYMPIC WELL Corporation Yard and Olympic Well Field — recommendation to FIELD authorize the City Manager to negotiate and execute a third modification to Agreement No. 8914 (CCS) with ICF Consulting Services, LLC, in the amount of $1,370,805 to provide groundwater monitoring, well installation, technical oversight, and support services for Olympic Well Field; and appropriate the budget increases as outlined in the Financial Impacts and Budget Actions of this report, was approved. MINUTES 3 -A: Approval of minutes of the November 27, and the December 11, 2012, City Council meetings, were approved as submitted. Councilmember Vazquez requested the minutes for November 27, 2012 April 23, 2013 and December 11, 2012 be voted on separately. Motion by Mayor O'Connor, seconded by Councilmember Holbrook, to approve the November 27, 2012 minutes. The motion was approved by the following vote: AYES: Councilmembers Davis, Holbrook, McKeown, Mayor Pro Tem O'Day, Mayor O'Connor NOES: None ABSTAIN: Councilmembers Vazquez, Winterer ABSENT: None Motion by Councilmember McKeown, seconded by Councilmember Winterer, to approve the December 11, 2012 minutes. 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 AUDITOR REPORT 3 -G: Presentation of Independent Auditor Report - recommendation that the City Council receive and file the independent auditors' unqualified audit report for the City's financial statements for the fiscal year ended June 30, 2012 and the attached Auditor's Letter to Council, was presented. City Manager Rod Gould advised that the item was removed from the Consent Calendar to allow for questions to the auditor regarding the Fiscal Year 2011 -2012 audit. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to approve the recommendation to receive and file the independent auditors' unqualified audit report. 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 ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2423 (CCS) MAIN STREET entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY VENDING OF SANTA MONICA AMENDING SECTION 6.36.095 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO LATE NIGHT VENDING ON MAIN STREET," was presented. 4 April 23, 2013 Motion by Councilmember Holbrook, seconded by Councilmember Davis, to adopt Ordinance No. 2423 (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 Tern O'Day, Mayor O'Connor NOES: None ABSENT: None PEDICABS 7 -B: Second reading and adoption of Ordinance No. 2424 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLES III AND VI OF THE SANTA MONICA MUNICIPAL CODE REGARDING LICENSING AND REGULATION OF PEDICABS," was presented. Motion by Councilmember Davis, seconded by Mayor Pro Tern O'Day, to adopt Ordinance No. 2424 (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 STAFF ITEMS: 8 -A: Options for Addressing Use of City Parks and the Beach for COMMERCIAL FITNESS Commercial Fitness Instruction, Classes or Camps — recommendation INSTRUCTION that the City Council review and comment on a proposed regulatory system to address the use of City parks and the beach for commercial fitness instruction, classes or camps; and direct staff to prepare an amendment to Chapter 4.55 of the Municipal Code to create a new regulatory structure, permit system and use charges for all commercial fitness instruction, classes or camps in City parks and the beach, was presented. Members of the public Judith Clare, Commissioner Phil Brock, Jenna Linnekens, Kathryn Brook, Carol Landsberg, Evelyn Locken- Hower, John Petz, and Mitchell Lachman spoke in support of the recommendation. Members of the public Andrea Shirey, Taffy Patton, Adrien A. Jordan, Meiert Avis, Jerry Rubin, Tamir, Mina Patel, Sonki Hong, Jerimaya Grabber, Brian Hutchings, Dan Manross, Abby Adams, George Antonopoulos, Chris Plourde, Angela Parker, Ruben Lawrence, Justin Mayer, Courtney Poulos, Steve Jones, Carmen Vadini, Mike Arnone, Jeff Jordan, Sigrid Mahan, Jonathan Beran, Katie Wilson, Lisa Atia, Jennifer Dumonceau, Lucy Orantes, Raisa Lilling; Walter Ho; Demille Halliburton, Monique Marshall, Dana Milan, Natalie Forte, Rebecca Terlizza, Rosemary Walker, and Commissioner Margaret Bach spoke in opposition to the April 23, 2013 recommendation. Motion by Myor Pro Tern O'Day, seconded by Councilmember McKeown, to approve staff recommendation with amendments to include options to add a charge of gross receipts at 10 %; to allow group training at Palisades Park with time, place, and group size restrictions; to allow heavier equipment at Clover Park and some additional subset of parks; to include noise restrictions; to ban fitness instruction at Goose Egg Park and Ashland Park and confirm other passive parks are included; and to provide education and a code of conduct to trainers. The motion was approved as amended, by the following vote: AYES: Councihnembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: None DEVELOPMENT 8 -B: Modification to Development Agreement Application Process to AGREEMENT Require Separate Architectural Review Board and Planning APPLICATION PROCESS Commissions Float Ups— recommendation that Council modify the recently adopted Development Agreement application review process to require separate Architectural Review Board and Planning Commissions float ups rather than one combined float up, was presented. Member of the public Denise Barton spoke in opposition to the recommendation. Members of the public David William Martin and Christel Andersen spoke in support of the recommendation. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve staff recommendation. 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 PUBLIC HEARINGS: 9 -A: Public Hearing and Approval of the Proposed FY 2013 -14 One - FISCAL YEAR 2013 -2014 Year Action Plan Allocating Federal Community Development Block ONE -YEAR ACTION Grant (CDBG) and HOME Investment Partnership Act Program PLAN (HOME) Entitlement Grant Funds — recommendation that the City Council hold a public hearing, receive public comment, and approve the Proposed FY 2013 -14 One -Year CDBG and HOME Action Plan; and authorize the City Manager to submit all documents required to receive the City's annual Community Development Block Grant and Home Investment Partnerships Act entitlement grant funds to the U.S. Department of Housing 6 April 23, 2013 and Urban Development, was presented. There was no one present for public comment. Motion by Councilmember Winterer, seconded by Mayor Pro Tem O'Day, to approve staff recommendation. 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 COUNCIL ITEMS: 13 -A: Appointment to one unscheduled vacancy on the Airport AIRPORT COMMISSION Commission for a term ending on June 30, 2014. On order of the Mayor, the floor was opened for nominations. Councilmember Winterer nominated Suzanne Paulson. There being no other nominations, Suzanne Paulson was appointed by acclamation, with all members present. RESIGNATION 13 -B: Recommendation to accept Albin Gielicz's resignation from the Social Services Commission and authorize the City Clerk to publish the vacancy, was presented. Motion by Councilmember Holbrook seconded by Councilmember Winterer, to approve recommendation with regrets. The motion was unanimously approved by voice vote, with all members present. CLIMATE ACTION PLAN 13 -C: Request of Councilmembers O'Day and Winterer that to help to achieve the goals of our Climate Action Plan the Council direct staff that development agreement negotiations should seek from projects the greatest amount of photovoltaic panels feasible given the rooftop configuration and orientation of proposed buildings, was presented. Members of the public Brian Hutchings and Christel Andersen spoke in support of the request. The request was unanimously approved by voice vote, with all members present. AVERAGE VEHICLE 13 -1): Request of Councilmembers McKeown, Winterer, and Davis RIDERSHIP (AVR) that staff negotiate more aggressive Average Vehicle Ridership (AVR) targets in Development Agreements, especially for employees in projects along the Expo Corridor, with periodic performance reviews, 7 April 23, 2013 options for higher AVR targets as local standards evolve and enhanced compliance incentives after successive years in which a project fails to achieve its AVR targets, was presented. Members of the public Denise Barton spoke in opposition to and Valerie Griffin and Christel Andersen spoke in support of the request. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve the request. The motion was unanimously approved by voice vote, with all members present. TENANT RELOCATION 13 -E: Request of Councihnembers McKeown, Winterer and Vazquez that Council direct staff to explore how best to prohibit and prevent relocation and other settlement agreements with tenants which are in any way conditioned on the tenants' agreement to forego legal rights to communicate with or petition their government or elected or appointed officials, or to testify at hearings regarding projects that may displace their homes, was presented. Members of the public Denise Barton and Christel Andersen spoke in support of the request. Motion by Councilmember McKeown, seconded by Councilmember Vazquez, to approve the request. The motion was unanimously approved by voice vote, with all members present. PUBLIC INPUT: Member of the public Denise Barton commented on various local issues. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:07 p.m. in memory of Richard McClung. ATTEST: 5;04� Sarah P. Gorman City Clerk APPROVED: Pam O'Connor Mayor April 23, 2013