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m-031213CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 12, 2013 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Day at 5:33 p.m., on Tuesday, March 12, 2013, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tem Terry O'Day Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Ted Winterer Absent: Mayor Pam O'Connor Councilmember Tony Vazquez Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie Assistant City Clerk Denise Anderson- Warren CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:33 p.m., with Councilmember Vazquez and Mayor O'Connor absent. Councilmember Winterer led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Member of the public Catherine Eldridge commented on Item 1 -B. On order of the Mayor Pro Tem, the City Council recessed at 5:36 p.m., to consider closed sessions and returned at 6:48 p.m., with Councilmember Vazquez and Mayor O'Connor absent, to report the following: 1 -A: Conference with Legal Counsel — Existing Litigation: Meniivar v. Murphy, City of Santa Monica, Los Angeles Superior Court Case No. 115 430. The City Attorney, Marsha Moutrie recommended approval of Settlement Agreement No. 9717 (CCS) in the amount of $430,000 for a bus accident. Motion by Councilmember Davis, seconded by Councilmember McKeown, to approve Settlement Agreement No. 9717 (CCS), in the amount of $430,000 for a bus accident. The motion was approved by the following vote: March 12, 2013 AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Mayor Pro Tern O'Day NOES: None. ABSENT: Councilmember Vazquez, Mayor O'Connor I -B: Conference with Legal Counsel- Existing Litigation: Village Trailer Park v. City of Santa Monica, Los Angeles Superior Court Case No. BS141223 The City Attorney Marsha Moutrie recommended the approval of Process Settlement Agreement No. 9718 (CCS), with the developer of the Village Trailer Park property. Pursuant to this agreement the parties will: • Seek a stay of the lawsuit; • The Developer will submit a revised development agreement; • The Council will consider the new proposal on March 19th and will have complete discretion to approve or reject the proposal and to suggest changes; the Developer may reject proposed changes; • If the revised proposed Development Agreement is ultimately adopted and executed, the Developer will dismiss it's lawsuit against the City with prejudice, and release its claims against the City. Motion by Councilmember Davis, seconded by Councilmember Holbrook, to approve the Settlement Agreement No. 9718 (CCS). The motion was approved by the following vote: AYES: Councilmembers Davis, Holbrook, Winterer, McKeown, Mayor Pro Tem O'Day NOES: None. ABSENT: Councilmember Vazquez, Mayor O'Connor 1 -C: Conference with Legal Counsel —Anticipated Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9 (c) — 3 cases The City Attorney advised that this matter was heard and no reportable action taken. 1 -1): Conference with Legal Counsel — Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b) - 2 cases The City Attorney advised that this matter was heard and no reportable action taken. March 12, 2013 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 Jerry Rubin commented on various Consent Calendar items. Motion by Councilmember Holbrook seconded by Councilmember McKeown, 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, Mayor Pro Tern O'Day NOES: None. ABSENT: Councilmember Vazquez, Mayor O'Connor CANCEL MARCH 3 -A: Cancellation of a regular Council meeting scheduled for 26TH MEETING Tuesday, March 26, 2013, due to observance of a religious holiday, was approved. WATER METERS 3 -B: Purchase of Water Meters and Repair Parts — recommendation to award a sole - source contract to Badger Meter, Inc. in the amount of $60,000 per year for the purchase of water meters and repair parts over a three -year term, for a total amount of $180,000, was approved. PREVAILING WAGES 3 -C: Prevailing Wage Monitoring for Affordable Housing Construction — recommendation to authorize the City Manager to negotiate and execute a fifth modification to Professional Services Agreement No. 9052 (CCS) with Comprehensive Housing Services, Inc. in the amount of $88,000 to provide federal and state prevailing wage monitoring and Section 3 compliance for City - funded affordable housing developments, resulting in a new total amount not to exceed $513,000 through June 30, 2014, was approved. CONSULTING SERVICES 3 -D: Movie Theater Consulting Services — recommendation to authorize the City Manager to negotiate and execute a sixth modification to Professional Services Agreement No. 8943 (CCS) with IJM Enterprises, in the amount of $60,000 to provide consulting services related to development of a cinema project in the Downtown, resulting in a new total amount not to exceed $180,000, was approved. 112222 No STREET 3 -E: Resolution No. 10742 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING CITY -OWNED PROPERTY AT 1122 22ND STREET AS SURPLUS AND TO COMMENCE INVITING BIDS FOR THE SALE OF REAL PROPERTY," was adopted. March 12, 2013 CHARNOCK WELL 3 -F: Agreement Modification for Technical Oversight and Support Services for Charnock Well Field Restoration Project — recommendation to authorize the City Manager to negotiate and execute a third modification to Professional Services Agreement No. 8929 (CCS) with WorleyParsons, in the amount of $369,336 to provide technical oversight and support services for continued groundwater monitoring of the Charnock Well Field Restoration Project; perform an evaluation to optimize the granular activated carbon Treatment System; and perform a siting study to evaluate potential sites for an Olympic basin treatment facility. This will result in a 4 -year amended agreement with a new total amount not to exceed $1,269,336, and appropriate budget increases, was approved. ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2419 (CCS) MAIN STREET entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY COMMERCIAL OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL DISTRICT CODE SECTION 9.52.135 TO ELIMINATE THE MARCH 31, 2013 SUNSET PROVISION IN THIS SECTION WHICH PERMITS BUSINESSES LOCATED WITHIN THE MAIN STREET COMMERCIAL DISTRICT TO UTILIZE A SINGLE PORTABLE SIGN TO PROMOTE THEIR RESPECTIVE BUSINESS PROVIDED THE SIGN MEETS SPECIFIES REQUIREMENTS," was presented. Motion by Councilmember Davis, seconded by Councilmember Winterer, to adopt Ordinance No. 2419 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Davis, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day NOES: None. ABSENT: Councilmember Vazquez, Mayor O'Connor TRANSPORTATION 7 -13: Second reading and adoption of Ordinance No. 2420 (CCS) IMPACT FEE entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 9.73 TO THE SANTA MONICA MUNICIPAL CODE ESTABLISHING THE TRANSPORTATION IMPACT FEE PROGRAM, THE TRANSPORTATION IMPACT FEE, AND ESTABLISHING AN ADJUSTMENT AND WAIVER PROVISION," was presented. Motion by Councilmember Davis, seconded by Councilmember Winterer, to adopt Ordinance No. 2420 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: 4 March 12, 2013 AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Mayor Pro Tem O'Day NOES: None. ABSENT: Councilmember Vazquez, Mayor O'Connor SUSTAINABLE BILL OF 7 -C: Introduction and First Reading of an Ordinance Establishing RIGHTS Sustainable Rights for Santa Monica residents and the natural environment, was presented. Ryan Sindon, Gillian Ware, Denise Barton, Marianne Simon, Mark Gold, Councilmember Winterer was Leslie Tamminen, Jerry Rubin, Robert Lempest, Benjamin Kay, Kathy excused at 7:28 p.m. Knight, Harvey Eder, Michael Tarbet, Cris Gutierrez, Louis Steiner, Steven Johnson, Christel Anders, Marcy Winograd, Zina Josephs, Linda Piera- Councilmember Holbrook Avila, Katie Oran, Aubrey Dondick, and Michael Broadsky spoke in was excused at 7:28 p.m. support of the recommendation. RECESS On order of the Mayor Pro Tem, Council recessed at 7:29 p.m. due to a lack of quorum, and returned with a quorum at 7:30 p.m., with Councilmember Winterer Councilmembers Vazquez, Holbrook, and Mayor O'Connor absent. returned at 7:30 p.m. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to approve the recommendation with the amendment to Section 4.75.040(b) of the Ordinance to read as follows: Natural Communities and ecosystems possess fundamental and inalienable rights to exist and flourish in the City of Santa Monica. To effectuate those rights on behalf of the environment, residents of the City may bring actions to protect these natural communities and ecosystems, de Lined as: groundwater aquifers, atmospheric systems, marine waters, and native species within the boundaries of the City. The motion was approved by the following vote: AYES: Councilmembers Davis, Winterer, McKeown, Mayor Pro Tem O'Day NOES: None. ABSENT: Councilmembers Holbrook, Vazquez, Mayor O'Connor STAFF ITEMS: 8 -A: Draft Bergamot Area Plan — recommendation that City Council BERGAMOT AREA PLAN review and comment on the goals, policies and strategies in the Draft Bergamot Area Plan; and direct staff to proceed with California Environmental Quality Act (CEQA) review based on Council input, and return with a final draft Plan and CEQA compliance documentation for Council action after Planning Commission review, was presented. RECESS On order of the Mayor Pro Tem, Council recessed at 8:35 p.m., and returned at 8:44 p.m., with Councilmembers Vazquez, Holbrook, and Mayor O'Connor absent. March 12, 2013 Members of the public Stephen Youngerman, Jeri), Rubin, Michael Tarbet, Dale Goldsmith, Crystal Andersen, Zina Josephs, Valerie Griffin, Dave Rand, Mary Marlow, Kent Strumpell, William Turner, John Smith, and Stephen Cbao spoke either in opposition of the plan or expressed concerns and had suggestions to improve the plan. Members of the public Ed Horowitz, Walter Meyer, and Jade Wollman spoke in support of the plan. Questions were asked of staff including, but not limited to: decrease in residential parking standards; more jobs than housing and trip savings citywide; average unit size versus affordability; artist live /work spaces; green space /public park in the middle of the land and who owns it; un- bundling parking for deed restricted affordable housing; Michigan Avenue becoming a bike boulevard; developing design standards and architecture; trip reduction strategies (extending Big Blue Bus service), and circulation strategies. Staff responded and answered questions satisfactorily. Discussion ensued on the information presented and public comment related to the Plan. Council provided ideas and preferences for the project including, but not limited to: considering senior housing and physical requirements; design guidelines (rigid step -back measurements); green space in a broad sense (public pool, tennis courts, public gym, dog parks, other recreational facilities); good ground floor height ratio for retail; artistic design; un- bundling parking for affordable housing; matching people who work in the City with affordable housing lists; parking structures and rates; minimum unit sizes; traffic operations; community benefits; the new community being family friendly including possibility for a new school; housing creation; provision for Open Space; creating a north/south connection; building heights throughout the plan; and a mixed - use creative district. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Winterer, Mayor Pro Tern O'Day NOES: None. ABSENT: Councilmember Vazquez, Holbrook, Mayor O'Connor RECESS On order of the Mayor Pro Tem, Council recessed at 10:22 p.m., and returned at 10:31 p.m. with Councilmembers Vazquez, Holbrook, and Mayor O'Connor absent. March 12, 2013 ANNOUNCEMENTS Upon returning, Mayor Pro Tern O'Day made a couple announcements: 1) congratulations to the City for being one of five winners of the Bloomberg Philanthropies' Mayors Challenge, which comes with a $1 million grant award; and, 2) sad news, Councilmember Holbrook's mother had been ill, and unfortunately passed away this evening. Condolences go out to Councilmember Holbrook and his family. PUBLIC HEARINGS: 9 -A: Public Hearing and Resolution to Confirm Assessment Costs for STREETLIGHT the 15th Street Streetlight Assessment Project — recommendation to hold ASSESSMENT a public hearing, receive comment, and adopt Resolution No. 10736 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING ASSESSMENT DIAGRAM DEPICTED IN CITY ENGINEER'S DRAWING SERIES NO. 10109 -A AND CONFIRMING ASSESSMENT COSTS FOR THE STREET LIGHTING IMPROVEMENTS ON 15TH STREET WITHIN THE CITY OF SANTA MONICA," was presented. There was no one present for public comment. Motion by Councilmember McKeown seconded by Councilmember Winterer, to approve staff recommendation and adopt Resolution No. 10736 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Davis, Winterer, McKeown, Mayor Pro Tern O'Day NOES: None. ABSENT: Councilmembers Holbrook, Vazquez, Mayor O'Connor RESOLUTIONS: 11 -A: Establishment of Preferential Parking Zone NN and Clarifying PREFENTIAL PARKING Existing Preferential Parking Regulations — recommendation that the ZONE NN City Council: establish Preferential Parking Zone NN to include: on Lincoln Blvd. through 10' Street between Idaho and California Avenues, 15th Street between Idaho and Washington Avenues, and Washington Avenue between Lincoln Boulevard and 16th Street the regulations will be: "Two hour parking 9 a.m. to 6 p.m. daily and no parking 6 p.m. to 2 a.m. daily, except by permit." ; on Montana and Idaho Avenues between 17,11 and 20'11 Streets, Washington Avenue between 16th and 17th Streets, and 17`h Streets between Idaho and Washington Avenues, and 18`h and 19th Streets between Montana and Washington Avenues the regulations will be: "Two hour parking 9 a.m. to 10 p.m. daily, except by permit.' ; and, adopt Resolution No. 10737 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PREFERENTIAL PARKING ZONE NN, AND AMENDING RESOLUTION 9344 "PREFERENTIAL PARKING ZONES" CCS BY REPLACING EXHIBIT A, was presented. March 12, 2013 Members of the public John McDowell, Joleigh Sherwood, Chris Kresch, and Thomas Lofaro spoke in support of the recommendation. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve the establishment of Preferential Park Zone NN and adopt Resolution No. 10737(CCS), reading by title only and waiving further reading therof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Davis, Mayor Pro Tem O'Day NOES: None. ABSENT: Councilmembers Holbrook, Vazquez, Mayor O'Connor Council directed staff to: take a look at changing the meaning of Preferential Parking to possibly include a pilot program that charges non- residents to park on the streets instead of having residents pay to restrict parking on their streets; and, to return with a possible modification to the two -block rule for Preferential Parking. 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 continued to a future meeting. AIRPORT COMMISSION 13 -B: Recommendation to accept Ofer Grossman's resignation from the Airport Commission and authorize the City Clerk to publish the vacancy, was presented. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to approve the recommendation, with regrets. The motion was unanimously approved by voice vote, with Councilmembers Vazquez, Holbrook, and Mayor O'Connor absent. PUBLIC INPUT: Members of the public Denise Barton and Roberto Gomez commented on various local issues. ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting was adjourned at 10:53 p.m. in memory of Sergeant Loran "Butch" Baker, Detective Elizabeth Chase Butler, and Dr. Robert Howard Rubin. ATTEST: Denise Anderson- Warren Assistant City Clerk APPRO ED: Terry O'Day Mayor Pro Tempore March 12, 2013