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m-031913C- Y L1]9I.Yi Y1710 [1]r ICG1 CITY COUNCIL MINUTES MARCH 19, 2013 A special meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:35 p.m., on Tuesday, March 19, 2013, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Mayor Pro Tern Terry O'Day (arrived at 5:49 p.m.) Councilmember Gleam Davis (arrived at 5:50 p.m.) 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 5:35 p.m., with Mayor Pro Tern O'Day and Councilmember Davis absent. Councilmember Holbrook led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Member of the public Denise Barton commented on Item 1 -A and members of the public Catherine Eldridge and Brenda Barnes commented on Item 1- Councilmember Davis B. arrived at 5:49 p. m. I -A: Public Employee Evaluation. Mayor Pro Tem O'Day Title of Employees: City Manager, City Attorney and City arrived at 5 :50 p.m. Clerk The City Attorney advised that this matter was heard and no reportable action taken. 1 -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 advised that this matter was heard and no reportable action taken. March 19, 2013 CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Member of the public Denise Barton commented on various Consent Calendar items. City Attorney Marsha Moutrie noted a minor correction on Item 3 -K regarding an errata sheet relating to the mitigated negative declaration. At the request of Councilmember Winterer, Item 34 was removed from the Consent Calendar. Motion by Councilmember Holbrook, seconded by Councilmember Davis, to approve the Consent Calendar except for item 3 -J, reading resolutions by title only and waiving further reading thereof, and modifying language for 3 -K to approve the mitigated negative declaration as modified by the errata sheet noted in the record, as suggested by the City Attorney. 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 RRR RATE STUDY 3 -A: Agreement for Resource Recovery and Recycling Rate (RRR) Study - recommendation to authorize the City Manager to negotiate and execute a Professional Service Agreement No. 9719 (CCS) with HF &H Consultants, LLC in an amount not to exceed $67,500 to conduct a study of RRR rates (Phase I), was approved. BUS ASSIGNMENT 3 -B: Assignment of One 60 -Foot Articulated Bus to the City of Fort Collins, Colorado — recommendation to negotiate and execute an assignment Agreement No. 9720 (CCS) with the City of Ft. Collins, Colorado and North America Bus Industries for the release of one 60 -foot articulated bus from Contract No. 9126 (CCS); and agreements with other cities that request release of buses from the contract. This will be on an as- needed basis until the agreement expires August 31, 2014. The recommendation was approved. URBAN GREENING 3 -C: Applications for Proposition 84 Urban Greening grant funds — FUNDS recommendation to adopt Resolution No. 10738 (CCS) entitled: "A Resolution Of The City Council Of The City Of Santa Monica authorizing the City Manager to submit grant applications for grant funds for the Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) and to execute agreements in furtherance of Urban 2 March 19, 2013 Greening and Stormwater Management'; authorize execution of all necessary documents; and appropriate funds for grants received, was adopted. BANKING SERVICES 3 -D: Modification for Contract with Bank of America for banking services — recommendation to authorize the City Manager to negotiate and execute a fourth modification to Contract No. 8372 (CCS) with Bank of America, in an amount not to exceed $75,000 to provide banking services on a month -to -month basis no later than July 31, 2013, was approved. PARKING METERS 3 -E: Modification to Agreements for Annual Operating and Maintenance Costs for Single -Space Parking Meters — recommendation to authorize the City Manager to negotiate and execute amendments to Contract No. 9496 (CCS) with IPS Group, Inc., in an annual amount of $600,000, for a new contract amount of $1.2 million; and Contract No. 9082 (CCS) with TransFirst Health and Government Services, Inc. in an estimated amount of $3 million for a 5 -year amended agreement with a new total amount of $6,350,000, to provide credit card processing services for single space parking meters; and appropriate budget increases, was approved. DISASTER PLANNING 3 -F: Withdrawal from Joint Powers Agreement to Provide Inter - Agency Cooperation in Major Natural or Man -Made Disaster — recommendation to authorize the City Manager to file a written Notice of Intention of the City of Santa Monica to withdraw from Disaster Management Area A pursuant to Joint Powers Agreement to Provide Inter - Agency Cooperation in Major Natural or Man-Made Disaster (Disaster Management Area A), was approved. BAYSIDE LEASING 3 -G: Bayside Leasing Guidelines —recommendation that City Council approve amendments to the Bayside Leasing Guidelines, was approved. REFUSE/RECYCLING 3 -H: Modification for Refuse/Recycling Containers —recommendation CONTAINERS that the City Council approve a modification to Purchase Order #343112 OP with Ball, Bounce and Sports, Inc. (formerly Superior Rotation Molding) in the amount of $450,000 for the purchase and delivery of 2, 3, and 4 yard plastic refuse /recycling containers, resulting in a three -year amended purchase order with a new total of $960,000, was approved. HOUSEHOLD 3 -I: Adopt Resolution No. 10739 (CCS) entitled: "A Resolution Of HAZARDOUS WASTE The City Council Of The City Of Santa Monica authorizing the City Manager to submit and execute all CalRecycle Household Hazardous Waste Grants for which the City of Santa Monica is eligible;" authorize the City Manager to execute all necessary documents, and authorize budget changes in the event the grant is awarded, was adopted. March 19, 2013 COLORADO 3 -K: Colorado Esplanade and Civic Center Specific Plan ESPLANADE Amendment CEQA Documentation — recommendation to adopt Resolution No. 10740 (CCS) entitled: "A Resolution Of The City Council Of The City Of Santa Monica adopting the Mitigated Declaration and Mitigation Monitoring Program for the Colorado Esplanade Project," was adopted. VEHICLE PURCHASE 3 -L: Purchase of Ten Toyota RAV4 Electric Vehicles — recommendation that City Council award a purchase order to National Auto Fleet Group, in an amount not to exceed $554,651 for the purchase and delivery of ten 2012 Toyota RAV4 Electric Vehicles (EVs), and authorize budget changes, was approved. MINUTES 3 -M: Approval of minutes for the November 13 and 14, 2012, City Council meetings, was approved. COMPRESSED WORK 3 -J: Compressed Work Schedule Review —recommendation to SCHEDULE authorize the City Manager to negotiate and execute a Professional Services Agreement No. 9721 (CCS) with Citygate Associates LLC, in an amount not to exceed $89,814 to provide an analytical review of the Police Department's compressed work schedules, was presented. Councilmember Winterer advised that he removed the item to inquire about operational efficiencies. Staff responded to questions and provided additional information to Council. Motion by Councilmember Vazquez, seconded by Councilmember Holbrook, to approve 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 STUDY SESSION: 4 -A: Zero Waste Strategic Operations Plan — recommendation that the ZERO WASTE City Council review and comment on the draft Zero Waste Strategic Operations Plan and direct staff to proceed with next steps, was presented. There was no one present for public comment. Considerable discussion ensued on topics including education of new residents, other locations' zero waste plans, challenges to implementation, near and long term strategies and education of visitors.. 4 March 19, 2013 Staff direction was provided. On order of the Mayor, the information was received and filed. ORDINANCES: 7 -A: Introduction for first reading of an ordinance which approves VILLAGE TRAILER the proposed new Village Trailer Park Development Agreement, PARK including the Tentative Tract Map and Tenant Relocation Plan; and, adopt a Resolution No. 10741 (CCS)- making findings necessary to approve the Village Trailer Park Project, adopting a Statement of Overriding Consideration, and Mitigation Monitoring Plan, was presented. Considerable discussion ensued on topics including local job preferences, relocation procedures, affordable housing production plan, Environmental Impact Report (EIR) approval, parking, use of mobile home pads at the property, local hiring, and light issues. Development Agreement applicant Marc - Luzzato- spoke -in- support of the recommended action. Members of the public Lania Beltin, Rana Kirkland, Donn Umber, Maka Toskovic, Patricia Loeb, Marcie Kravitz, John Torbert, Rachel Bennahum, John Begakis, Megan Halpin, Erin Hand, Mark Martinez, June Willis, Jim Goalen, Yael Lustmann, Helen Wickman, Ron Nayor, Ken Carlson, Jerry Rubin, Mary Anne La Guardia, Dror Amir, Dan Bliss, Courtenay Turner, Michelle Septak, Ken Kokin, Jeannine Harrington, and John Musero spoke generally in support of the ordinance. Members of the public Richard Hilton, Cris McLeod, Peta Orbach, Sean Butler, Joe Judge, Armen Melkonians, Christel Anderson, Denise McGranahan, Linda Piera - Avila, Cameron Van Tassell, Marc Sanschagrin, Michael Tarbet, Ellen Brennan, Zina Josephs, Peter Naughton, Tricia Crane, Catherine Eldredge and Jeff Michaelson spoke generally in opposition to the ordinance. Applicant Mr. Luzzato provided a rebuttal in support of the recommended action. Considerable discussion ensued regarding third party beneficiaries, local hire agreements, relocation benefits for disabled residents, restrictions on communication, agreement statements whether the City is ordering park closure; property tax issues, Architectural Review Board (ARB) requirements, and parking. MOTION TO HEAR Motion by Councilmember Davis, seconded by Councilmember Vazquez ITEMS PAST 11:00 P.M. to continue the meeting past 11:00 pm. The motion was unanimously March 19, 2013 approved by voice vote, with all members present. Motion by Councilmember Holbrook, seconded by Mayor Pro Tem O'Day, that the final EIR previously certified for Village Trailer Park Development Agreement is adequate for the proposed new Development Agreement project. The motion was approved by the following vote: AYES: Counci nembers Vazquez, Davis, Holbrook, Winterer, Mayor Pro Tern O'Day, Mayor O'Connor NOES: Councilmembers McKeown ABSENT: None Councilmember McKeown stated that the record should reflect he voted against this motion because he voted against the EIR the last time. Motion by Mayor Pro Tern O'Day, seconded by Councihnember Holbrook, to adopt Resolution No. 10741 (CCS) entitled: "A Resolution Of The City Council Of The City Of Santa Monica making findings necessary to approve the Village Trailer Park Project, adopting a Statement of Overriding Consideration, and Mitigation Monitoring Plan," reading resolution by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Davis, Mayor Pro Tern O'Day, Mayor O'Connor NOES: Councilmembers McKeown, Winterer, Vazquez ABSENT: None Motion by Mayor Pro Tern O'Day, seconded by Councilmember Holbrook, to introduce ordinance for first reading, reading by title only and waiving further reading thereof. Motion to amend by Councilmember Davis to request that the Architectural Review Board ensures the use of the term human scale and appropriate relationship with existing residences on Colorado. The motion was accepted as friendly to the maker and seconder of the motion. Mr. Luzzato agreed to this provision. Staff provided direction regarding Architectural Review Board to ensure adequate open space between Building A and Building B and that Building B will not loom over Building A. Mr. Luzzato agreed to this provision. Motion to amend by Councilmember Vazquez to include this project in an official project labor agreement policy that will be discussed later in this Council meeting. Assistant City Attorney Alan Seltzer provided the following language for this provision: "Developer agrees to consider minor March 19, 2013 modifications of Exhibit F to accept policies adopted by the City regarding local hiring." The motion was accepted as friendly to the maker and seconder of the motion. Mr. Luzzato agreed to this provision. Motion to amend by Councilmember Winterer to modify the following language in the relocation plan: "If tenant relocation assistance is less than the rental differential, then the resident is not entitled to tenant relocation assistance offered in Paragraph 1." The motion was accepted as friendly to the maker and the seconder of the motion, Mr. Luzzato agreed to this provision. Motion to amend by Councilmember Winterer to exchange six very low units for three extremely low units. The motion was accepted as friendly by the maker and the seconder of the motion. Mr. Luzzato agreed to this provision. Motion to amend by ayor Pro Tem O'Dav that if the City adopts a policy to provide for unbundled parking in affordable units this would be considered a , minor - modification that could -be resolved -at -staff level. Assistant City Attorney Alan Seltzer proposed the following language: "Developer agrees to consider a minor modification of this section to impose policies adopted by the City to unbundle parking for residential tenants in an affordable unit." The motion was accepted as friendly by the seconder of the motion. Mr. Luzzato agreed to this provision. Motion by Mayor Pro Tem O'Day, adding an amendment to clarify that the Development Agreement is not a government action and that the City is not requiring the termination of tenancies pursuant to its police power by adding "or close" to Section 5.6.5. The motion was accepted as friendly by the seconder. The motion was approved, with amendments by the following vote: AYES: Councilmembers Davis, Holbrook, Mayor Pro Tem O'Day, Mayor O'Connor NOES: Councilmembers Vazquez, Winterer, McKeown ABSENT: None Councilmember McKeown stated for the record that he voted no because homeowners are being displaced where the affordable housing replacement meets only thc7 bare legal minimum and falls far short of replacing 109 affordable rent controlled homes. That therefore means that there are no community benefits with respect to affordable housing, our number one priority, nor are there adequate other community benefits to justify the impact of the project next to an existing neighborhood in a crucial area of the city without an agreement a- higher vehicle ridership level and without an enforceable local hiring requirement. He also stated that the 7 March 19, 2013 design still is inadequate. COUNCIL ITEMS: 13 -A: Request of Councilmembers Vazquez and McKeown to LOCAL HIRING authorize staff to explore mechanisms for effective local hiring programs applied to Santa Monica development, including "project labor agreements;" to evaluate how various options would apply in the contexts of our Cradle to Career Initiative and Sustainable City Plan; and to return to the City Council with recommendations, was presented. There was no one present for public comment. Discussion ensued regarding training for trades, use of project labor agreements, and local hiring pools. Motion by Councilmember McKeown, seconded by Councilmember Vazquez, to approve the recommendation. The motion was unanimously approved by voice vote, with all members present AB746 13 -13: Request of Councilmember McKeown that the Council go on record in opposition to AB746 (Levine), which would prohibit smoking in all indoor areas of multi - family dwellings, including within the units of existing tenants otherwise protected by rent control and /or other local housing security and stability measures, such as the recently - passed Measure RR provisions of our City Charter; and which further- would make non - compliance with the smoking prohibition a criminal infraction and thereby make smokers subject to eviction, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to approve the recommendation with staff direction. The motion was approved by voice vote, with all members present, and Councilmember Holbrook dissenting. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:11 a.m. in memory of Roland Ross and Virginia Daymude. ATTEST: �Pi�cwQl- Sarah P. Gorman City Clerk APPROVED: r Pam O'Connor Mayor March 19, 2013