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m-061113CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 11, 2013 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:35 p.m., on Tuesday, June 11, 2013, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Councilmember Gleam Davis (arrived at 5:50p. m.) Councilmember Robert T. Holbrook (arrived at 5 :55 p.m.) Councilmember Kevin McKeown Councilmember Tony Vazquez Councilmember Ted Winterer Absent: Mayor Pro Tern Tent' O'Day Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Sarah P. Gorman CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:35 p.m., with Mayor Pro Tem O'Day, Councilmembers Davis and Holbrook absent. Councilmember Vazquez led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment on closed sessions. Councilmember Davis arrived at 5:50 p.m. On order of the Mayor, the City Council recessed at 5:37 p.m., to consider closed sessions and returned at 6:40 p.m., with all members present. Councilmember Holbrook arrived at 5: 55 p. m. ITEM HEARD OUT OF On order of the Mayor, Item 2 -A was heard before the report out from ORDER closed sessions. SPECIAL AGENDA 2 -A: SaMoUi Plastic Bag Ban Study Commendation ITEMS: Mayor O'Connor presented commendations to Santa Monica High School Team Marine. CLOSED SESSIONS The following was reported from closed sessions: I -A: Conference with Legal Counsel —Anticipated Litigation: Anticipate significant exposure to litigation pursuant to June 11, 2013 Government Code Section 54956.9 (d)(2) — 2 cases City Attorney Marsha Moutrie advised this matter was heard and no reportable action was taken. REMARKS REGARDING Mayor O'Connor and Council spoke regarding tragic events of the past TRAGIC EVENTS week and expressed their condolences to the community. 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 Randy Walberger commented on various Consent Calendar items. Motion by Councilmember Davis, seconded by Councilmember Winterer, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. Councilmember McKeown noted for the record that certain attachments to Item 3 -A had been modified to reflect grammatical issues, and that there were revisions to the attachments to Item 3 -K; the revised versions of all were included in the revised published agenda packet. The notation was accepted as friendly by the maker and seconder of the motion. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez and Mayor O'Connor NOES: None ABSENT: Mayor Pro Tern O'Day MINUTES 3 -A: The minutes for the January 8 and 22, February 12, and 26, April 9, 23, and 30, May 28 and May 29, 2013 City Council meetings, were approved, as submitted. SANTA MONICA 3 -13: Amendment to Agreement 9526 with Santa Monica Community COMMUNITY COLLEGE College District— recommendation to authorize the City Manager to negotiate and execute a second modification to Professional Services Agreement No. 9526 (CCS), with Santa Monica Community College District in the amount of $167,772, to continue to broadcast regular City Council meetings, resulting in a four year amended agreement with a new total amount not to exceed $320,292, was approved. PROPERTY 3 -C: Third Modification of Property Management Contract with MANAGEMENT RE CS — recommendation to authorize the City Manager to negotiate and execute a third modification to Contract No. 9183 (CCS), with Real Estate June 11, 2013 Consulting and Services, Inc. (RECS) in the amount of $916,850 to provide property management services at City -owned residential properties through June 2015, resulting in a two -year extension for a five -year amended contract with a total amount not to exceed $2,547,714, was approved. RADIO EQUIPMENT 3 -1): Purchase of Radio Equipment — Purchase of Radio Equipment — recommendation to authorize the City Manager to negotiate and execute Contract No. 9742 (CCS) with Motorola, Inc. in an amount not to exceed $2,500,000 for the purchase of radio equipment and replacement parts over a five -year period, was approved. STATE LOBBYING 3 -E: Professional Services Agreement with Shaw/Yoder /Antwih, Inc. SERVICES for State Representative and Lobbying Services — recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 9743 (CCS) with Shaw /Yoder /Antwih, Inc. in an amount not to exceed $229,556 for state representative and lobbying services, was approved. FEDERAL LOBBYING 3 -F: Professional Services Agreement with The Ferguson Group, SERVICES LLC for Washington Representative/Lobbying Services — recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 9744 (CCS) with The Ferguson Group, LLC in an amount not to exceed $216,000 for Federal representative and lobbying services, was approved. SELECTRON IVR AND 3 -G: Maintenance of Selectron IVR and IWR System — IWR SYSTEM recommendation to authorize the City Manager to negotiate and execute sole source Contract No. 9745 (CCS) with Selection Technologies, in an amount not to exceed $89,060 over a five -year term for maintenance of the Selection IVR and IWR systems, was approved. SUBSCRIPTION 3 -H: Authorization to Continue with the Subscription Agreement for AGREEMENT American Express Card Acceptance — recommendation to authorize the City Manager to continue amend Contract No. 9082 (CCS) to accept American Express cards under the current subscription agreement for American Express Card Acceptance with American Express Travel Related Services Company, through June 30, 2014 with an option to extend the agreement for an additional two years in an estimated amount of $240,000 per year, was approved. PROJECTDOX 3 -I: Second Contract Modification with Avolve for ProjectDox MAINTENANCE Maintenance — recommendation to authorize the City Manager to negotiate and execute a second modification to Contract No. 9149 (CCS) with Avolve Software, in the amount of $77,868 for product maintenance and technical support services for the ProjectDox plan checking system, resulting in a five -year amended contract with a new total not to exceed $375,868, was approved. 3 June 11, 2013 PURCHASE AIRCRAFT 3 -J: Award Bid for Purchase of One Dodge 5500 Class 1 Aircraft FIRE FIGHTING Fire Fighting Vehicle — recommendation to award a purchase order in VEHICLE response to the Aircraft Rescue & Firefighting Apparatus bid for the purchase and delivery of one Dodge 5500 Class 1 Aircraft Fire Fighting Vehicle to Firetrucks Unlimited, in an amount not to exceed $96,022; and to authorize the transfer of title of four surplus fire apparatus to Firetrucks Unlimited for trade -in value, was approved. FARMERS MARKET 3 -K: Farmers Market Rules, Regulations and Policy Guide Update — recommendation to approve amendments to the Farmers Market Rules, Regulations and Policies, was approved. UNIVERSALLY 3 -L: Professional Services Agreement Modification for the ACCESSIBLE Universally Accessible Playground Project — recommendation to PLAYGROUND authorize the City Manager to negotiate and execute a third modification to Professional Services Agreement No. 9388 (CCS) with Katherine Spitz Associates, Inc., in the amount of $33,759 to provide additional design and construction administration services for the Universally Accessible Playground, resulting in a new amended agreement amount not to exceed $160,919 over a one -year period, and authorize any necessary changes, was approved. BID FOR REFUSE FRONT 3 -M: Award Bid for Purchase of Four CNG Front Loader Refuse LOADER Packer Units- recommendation to award Bid #4053 to Boerner Truck Center in the amount of $1,119,983 for the purchase and delivery of four CNG front loader refuse packer units, was approved. BID FOR REFUSE SIDE 3 -N: Award Bid for Purchase of Three CNG Side Loader Refuse LOADER Packer Units — recommendation to award Bid #4056 to Boerner Truck Center in the amount of $826,888 for the purchase and delivery of three CNG side loader refuse packer units, was approved. ELECTRIC VEHICLES 3 -0: Lease Extension for Toyota RAV4 Electric Vehicles — recommendation to authorize the City Manager to award a sole source purchase order to Toyota Motor Credit Corporation, in an amount not to exceed $90,873 for a one -year lease extension to for 23 Toyota RAW electric vehicles and a one -year lease extension in the amount of $51,246 for 13 Toyota RAW electric vehicles, for a total amount not to exceed $142,119 over a two -year period, was approved. BIKEWAY LEASE 3 -P: Approval of Bikeway License Agreement with the Los Angeles AGREEMENT County Metropolitan Transportation Authority — recommendation to authorize the City Manager to negotiate and execute Bikeway License Agreement No. 9746 (CCS) with the Los Angeles County Metropolitan Transportation Authority (Metro) as well as other ancillary agreements that may be necessary to carry out the Bikeway License Agreement; funds to 4 June 11, 2013 maintain and operate the bikeway are estimated to be $100,000 per year and will be included in future annual operating budgets starting in FY 2015 -17, was approved: HOUSING AUTHORITY 3 -Q: Housing Authority of the County of Los Angeles Scattered Sites Bonds — recommendation that Council adopt Resolution No. 10749 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES TO ISSUE BONDS IN AN AMOUNT NOT TO EXCEED $8,000,000 AND MAKE OR ACQUIRE MORTGAGE LOAN(S) IN CONNECTION WITH A RESIDENTIAL DEVELOPMENT ON SCATTERED SITES IN THE CITY OF SANTA MONICA AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A COOPERATION AGREEMENT, IF NECESSARY OR DESIRABLE, BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES AND THE CITY OF SANTA MONICA IN CONNECTION WITH A RESIDENTIAL DEVELOPMENT ON SCATTERED SITES ", required for the Housing Authority of the County of Los Angeles ( HACLA) to secure ongoing financing for 41 affordable apartments that it owns and operates in Santa Monica, located at 1855 9th Sheet, 1450 14th Street, and 2006 20`11 Street (Properties); Resolution No. 10749 (CCS) would consent to HACLA's issuance of bonds in an amount not to exceed $8,000,000 and issuance or acquisition of mortgage loan(s) in connection with the Properties; , and authorize the City Manager to negotiate and execute a Cooperation Agreement between HACLA and the City of Santa Monica connection with Properties, was approved and adopted. ORDINANCES: 7 -A: Introduction and First Reading of an Ordinance repealing PLUMBING STANDARDS Santa Monica Municipal Code 7.18 Water Conservation — Plumbing Standards, was presented. There were no members of the public present for public comment on this item. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councihnembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor O'Connor NOES: None ABSENT: Mayor Pro Tem O'Day INTERIM ZONING 7 -13: Introduction and First Reading of an Amendment to Interim Zoning Ordinance No. 2417 (CCS) to Extend the Interim Zoning 5 June 11, 2013 Ordinance to February 28, 2014, and to Exempt Ground Floor Outdoor Dining on Private Property from a Floor Area Ratio Calculation in the Downtown District, was presented. Member of the public Ellen Hannan spoke generally in opposition to the ordinance. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof with the addition of the following language as read into the record by Deputy City Attorney Barry Rosenbamn: In the Downtown District, as defined in the LUCE, ground floor outdoor dining in buildings on private property shall not be included when calculating a project's floor area ratio (FAR) provided the dining area has no more than a 42 inch high barrier surrounding the dining area and is visible from the public right of way. However, such ground floor outdoor dining shall be counted as floor area for all other purposes. Substitute motion by Councilmember Davis, seconded by Mayor O'Connor, to move staff recommendation without the proposed amended language. The motion failed, with the following vote: AYES: Councilmembers Holbrook and Davis NOES: Councilmembers McKeown, Winterer, Vazquez ABSENT: Mayor Pro Tern O'Day The original motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Winterer, McKeown NOES: Councilmember Holbrook, Mayor O'Connor ABSENT: Mayor Pro Tern O'Day AFFORDABLE HOUSING 7 -C: Introduction and First Reading of an Ordinance amending Santa Monica Municipal Code Chapter 9.56, the City's Affordable Housing Production Program (AHPP) Including Revising Affordable Housing Categories, Income - Eligibility Limits, Rent Limits, and Expanding AHPP Income Categories, was presented. City Attorney Moutrie read the following revised language into the record: "The obligations established by the Chapter shall apply to each multi- family project involving the construction of two or more multi - family units, which project has not received its ministerial or discretionary planning approvals including, without limitation: variances, conditional use permits, administrative approvals, development review permits, and development agreement ordinances [which have not had a first reading] [which have not yet become effective] (collectively, "Approvals ") on the effective date of June 11, 2013 this ordinance. No building permit shall be issued by any multi - family project unless such construction has been approved in accordance with the standards and procedures provided for by this Chapter. Notwithstanding the above, a multi - family rental housing project that will be developed by a nonprofit housing provider receiving financial assistance through one of the City's housing trust programs shall not be subject to the requirements of this Chapter so long as the project is an affordable housing project meeting the requirements of Santa Monica Municipal Code "Section 9.04.02.030.025 or any successor thereto and the project's affordability obligations will be secured by a regulatory agreement, memorandum of agreement, or recorded covenant with the City for a minimum period of fifty -five years. Multi - family projects which have received Approvals prior to the effective date of this ordinance [date] shall be subject to the provisions of Santa Monica Municipal Code Section 9.56.010 et seq., as they existed on the date of their approvals, except that pricing requirements for affordable housing units shall be published by the City on an annual basis instead of adoption by resolution of the City Council. Members of the public Denise Barton, Valerie Griffin; and Denise McGranahan spoke generally in support of the recommended action. Member of the public Richard Hilton spoke with proposed modifications to the recommended action. Motion by Councilmember McKeown, seconded by Councilmember Davis, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, including language as read into the record by Ms. Moutrie, including language that would apply to development agreements that are not yet effective. The motion was approved by the following vote: AYES: Councilmember McKeown, Winterer, Holbrook, Vazquez, Mayor O'Connor NOES: None ABSENT: Mayor Pro Tem O'Day Motion by Councilmember McKeown, seconded by Councilmember Winterer, to provide staff direction to examine legal constraints regarding tying household size to unit size. The motion was unanimously approved by voice vote, with Mayor Pro Tern O'Day absent. STAFF ITEMS: 8 -A: Options for the future of the Santa Monica Civic Auditorium — CIVIC AUDITORIUM recommendation that the City Council: review and comment on an interim use plan for the Civic Auditorium; review and comment on options to June 11, 2013 manage and operate the Civic Auditorium, review and comment on strategies to generate revenue for the renovation and operation of the Civic Auditorium, review and comment on the concept of a Civic Auditorium as the hub of a Civic Center creative district and mixed -use cultural campus and preferred uses of the district; direct staff to proceed with a community process and associated market feasibility and economic analyzes and return to Council with recommendations for preferred uses and proposed modifications to the Civic Center Specific Plan as necessary; and authorize budget changes, was presented. Members of the public Guido Lamell, Jerry Rubin, Valerie Griffin, Rufiena Jones -Soro, Brian Nihaus, Carol Lemlein, Daniel Gregory, Sepp Donahower, Kevin Smith, Lori Nafshun, Nina Fresco, Mike Salazar, Frank Gruber, Steve Duron, Jelin C. Smith, Judy Abdo, Dale Bell, Liz Bell, Terence Later, Danielle Charney, Mario Fona - Bovardi, and Phil Brock spoke generally in favor of the recommended action. Rufiena Jones -Soro, Brian Niehaus, Patricia Gorelan, David Quimpo, Alex Duarte spoke generally regarding the employees of the Civic Auditorium. Members of the public D'Lymi Waldron, Michael Feinstein, Maryanne LaGuardia, and Joe Mann spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including, but not limited to historic preservation, funding issues, and employment for Civic employees. Motion by Mayor O'Connor, seconded by Councilmember Vazquez, to adopt the staff recommendation, including formation of an advisory group. The motion was approved by the following vote: AYES: Councihnembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor O'Connor NOES: None ABSENT: Mayor Pro Tem O'Day Motion by Councilmember Davis. seconded by Councilmember Winterer, to direct staff to that while considering the Civic Center Specific Plan that it also consider those portions of the Civic Center Specific Plan that apply to Ocean Lodge and determine whether it would be appropriate to modify those to allow some expansion. The motion was unanimously approved by voice vote, with Mayor Pro Tem O'Day absent. COUNCIL ITEMS: 13- A:Appointment to one unscheduled vacancy on the Social Services SOCIAL SERVICES Commission for a term ending on June 30, 2016, was presented. COMMISSION There were no members of the public present for public comment. June 11, 2013 On order of the Mayor, the floor was opened for nominations. Councilmember Winterer nominated Caeli Lynch. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to nominate Caeli Lynch. Ms. Lynch was appointed by acclamation to the Social Services Commission, with Mayor Pro Terri O'Day absent. 5K AND 10K RACES 13 -B: Request of Councilmember Davis that staff review the permitting process for 5K and IOK races in Santa Monica and consider adjusting permitted race frequencies. In addition, staff should consider expanding notification practices to include nearby and affected residents and businesses that may not be directly on the race route, was presented. There was no one present for public comment. Motion by Councilmember Davis, seconded by Mayor O'Connor, to approve request. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor O'Connor NOES: None ABSENT: Mayor Pro Tent O'Day DOWNTOWN SPECIFIC 13 -C: Request of Councilmembers McKeown, Vazquez, and Winterer PLAN that the City Council direct staff, pending adoption of the new Downtown Specific Plan called for in the 2010 adopted Land Use and Circulation Element, to bring forward at this time for sites within downtown only those Development Agreement applications where the proposed heights are within the maximum allowed for downtown in the previous and therefore most recent applicable Land Use Element, was presented. Members of the public D'Lynn Waldron, Taffy Patton, Richard Hilton, Denny Zane, Andrew Hoyer, Valerie Griffin, Ellen Hannan, Denise Barton, Laura Wilson, Allison Hewitt, John Smith, Steve Lineet, Ivan Perkins, Silke Kohler, Lenore Morrell, Jim Pickrell, Patricia Bauer, Jennifer Pearce, Delores Sloan, Michael Feinstein, Danielle Chasney, Osualdo Gonzalez, Jonathan Mann, Merle Rothman, Meyera Robbins, Carol Landberg, and Roger Genser spoke generally in support of the request. Members of the public Scott Schanfeld, Carl Hansen, Mike Gruning, Natalya Zernitskaya, Jerry Rubin, Steven Oh, Allison Hewitt, Tom Corcoran, Debbie Lee, Rob York and Bill Tucker spoke generally in opposition to the request. June 11, 2013 Motion by Councilmember McKeown, seconded by Councilmember Vazquez, to direct staff that City -run discretionary decision meetings including City Council and advisory hearings like the ARB and Planning Commission be deferred for downtown projects that exceed the height limit in the existing downtown guidelines in accordance with the downtown core section of the adopted 2010 LUCE the until a comprehensive downtown specific plan is adopted. The motion failed by the following vote: AYES: Councilmembers Vazquez, Winterer, McKeown NOES: Councilmembers Davis, Holbrook, Mayor O'Connor ABSENT: Mayor Pro Tem O'Day Motion by Councilmember Davis, seconded by Councilmember Holbrook, directed staff not to bring back for final approval any buildings over 84 feet in the downtown area until the downtown specific plan is adopted and have staff bring back a proposal to do a scientific survey of residents and voters in Santa Monica to determine their opinions about the downtown area. Request by Councilmember McKeown to bifurcate Councilmember Davis' motion into two. The maker agreed to this request. The motion to direct staff not to bring for final approval any buildings over 84 feet in the downtown area until the downtown specific plan is adopted failed by the following vote: AYES: Councilmembers Holbrook, Davis, Vazquez NOES: Councilmembers McKeown, Winterer ABSENT: Mayor Pro Tem O'Day ABSTAIN: Mayor O'Connor Councilmember McKeown requested the record to show that his "no" vote was based on what staff stated, the motion would have effectively done nothing, and the previous motion, which would have done something, was the way to go. The motion to have staff bring back a proposal to do a scientific survey of residents and voters in Santa Monica to determine their opinions about the downtown area was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor O'Connor NOES: None ABSENT: Mayor Pro Tem O'Day PERSONNEL BOARD 13 -1): Recommendation to accept Phillip Tate's resignation from the Personnel Board and authorize the City Clerk to publish the vacancy, was presented. 10 June 11, 2013 Motion by Mayor O'Connor, seconded by Councilmember Winterer, to approve the recommendation with regrets. The motion was unanimously approved by voice vote, with Mayor Pro Tern O'Day absent. CROSSROADS SCHOOL 13 -E: Request of Councilmembers Davis and Winterer that the Crossroads School Development Agreement be brought before the City Council for decision at its meeting on June 25, 2013. The reason for doing so is to allow the City Council to make a final decision on the proposed Development Agreement in a timely fashion that will allow Crossroads School to move forward with disruptive demolition and construction work during the summer when school is not in session. This item was withdrawn from the agenda by Councilmembers Davis and Winterer. PUBLIC INPUT: Members of the public Zoe Muntaner and Denise Barton commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:38 a.m. in memory of Carlos Franco, Marcela Franco, Margarita Gomez, Samir Zawahri, Christopher Zawahri, and James Mount. ATTEST: APPROVED: Sarah P. Gorman Pam O'Connor City Clerk Mayor 11 June 11, 2013