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m-072313CITY Or SANTA MONICA CITY COUNCIL MINUTES JULY 23, 2013 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:36 p.m., on Tuesday, July 23, 2013, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Tony Vazquez Absent: Councilmember Kevin McKeown Councilmember Ted Winterer Mayor Pro Tem Terry 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 5:36 p.m., with Mayor Pro Tern O'Day and Councilmembers McKeown and Winterer absent. Councilmember Holbrook led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Member of the public Denise Barton commented on Item 1 -A. On order of the Mayor, the City Council recessed at 5:39 p.m., to consider closed sessions and returned at 6:38 p.m., with Mayor Pro Tern O'Day and Councilmembers McKeown and Winterer absent, to report the following: 1 -A: Conference with Legal Counsel —Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1) — 2 cases: (1) Santa Monica Nativity Scenes Committee v. City of Santa Monica, United States District Court, Central District of California Case No. CV12 -08657 ABC (Ex), United States Court of Appeals for the Ninth Circuit, Case No. 13- 55011; and (2) 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 The City Attorney reported that the first item, Santa Monica Nativity Scenes Committee v. City of Santa Monica, was not heard. July 23, 2013 In the second item, Santa Monica Lodge No. 906, Benevolent and Protective Order of Elks of the United States of America v. City of Santa Monica, a matter related to a right of ownership and use of Woodlawn Cemetery plots, the City Attorney recommended a settlement which includes no exchange of money, but where the City receives 414 grave sites at Woodlawn Cemetery, which will generate income of about $2.2m, and the Elks will retain 120 grave sites. Motion by Councilmember Davis, seconded by Councilmember Vazquez, to approve Settlement No. 9770 (CCS) for the City to receive 414 grave sites at Woodlawn Cemetery, which will generate income of about $2.2m, and the Elks will retain 120 grave sites. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Mayor O'Connor NOES: None ABSENT: Councilmembers McKeown, Winterer, Mayor Pro Tem O'Day 1 -B: Conference with Legal Counsel — Potential Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9 (d)(4): 1 case The City Attorney advised this matter was heard and no reportable action was taken. SPECIAL AGENDA 2 -A: Special appearance and statement from State Senator Ted Lieu, ITEMS: addressed the Mayor and City Council regarding his representation of the district in the State Senate. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Joy Fullmer, Denise Barton, Donald Hays and Ellen Hannan commented on various Consent Calendar items. On order of the Mayor, Item 34 was continued to a later meeting. At the request of Councilmember Vazquez, Item 3 -F was removed fiom the Consent Calendar. Motion by Councilmember Holbrook, seconded by Councilmember Davis, to approve the Consent Calendar except for Items 3 -F and 3 -J, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Mayor O'Connor NOES: None ABSENT: Councilmembers McKeown, Winterer, Mayor Pro Tem O'Day 2 July 23, 2013 MINUTES 3 -A: Approval of minutes of the June 25, 2013 City Council meeting, was approved. POLICE SERVICE DOG 3 -B: Retirement and Disposition of Police Service Dog— recommendation that City Council authorize the retirement of police service dog Landor from Police service; and, authorize Landor be sold to Santa Monica Police Officer Adam Barry for the sum of one dollar, was approved. FIRE STATION NO.3 3 -C: Agreement Modification for Fire Station No. 3 Seismic Retrofit Design — recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 9771 (CCS) with IDS Group, Inc., in the amount of $64,350 to provide design and construction administration services for the seismic retrofit of Fire Station No. 3, resulting in an amended agreement with a new total amount not to exceed $92,350, was approved. OPTION BUSES 3 -1): Assignment of 16 Option Buses to Arlington County Transit — recommendation to authorize the City Manager to negotiate and execute assignment Agreement No. 9772 (CCS) with Arlington County Transit in Arlington, Virginia and North America Bus Industries Inc. (NABl) for the release of sixteen 40 -foot CNG low floor buses from Contract No. 9175; and negotiate and execute an assignment agreement with other cities that request release of buses from Contract No. 9175 on an as- needed basis until the agreement expires on December 31, 2015, was approved. TDM TOOLKIT 3 -E: Professional Services Agreement Modification for No Net New Trips TDM Toolkit Grant Program — recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement 9773 (CCS) with Murakawa Communications, in the amount of $69,900 to complete outreach, marketing and implementation of the No Net New Trips (NNNT) TDM Toolkit Program grant, resulting in a two -year amended agreement ending June 30, 2014, with a new total amount not to exceed $139,800, was approved. AIRPORT LANDING 3 -G: Amend Resolution 10744 (CCS) to Exempt Charitable FEES Organizations that Provide Free Transportation to Patients of Modest Means with Medical Needs from Airport Landing Fees — recommendation to amend Resolution No. 10744 (CCS) by adopting Resolution No. 10759 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING FEES FOR LANDING AT THE SANTA MONICA MUNICIPAL AIRPORT," to exempt from the Santa Monica Airport's landing fee program aircraft operations for or by charitable organizations that provide free transportation to patients of modest means with medical needs, was adopted. 3 July 23, 2013 TENANT 3 -11: Award Contract for the Finance Tenant Improvement Project— IMPROVEMENT recommendation to authorize the City Manager to negotiate and execute PROJECT Contract No. 9775 (CCS) with Systems Source, Inc. in an amount not to exceed $115,242 for the Finance Tenant hnprovement project and authorize the Director of Public Works to issue any necessary change orders to complete additional work within budget authority, was approved. BIDS 3 -I: Formal Bids Staff Report 2013 — recommendation to award Bids for the issuance of Blanket Purchase Orders for a list of recommended best bidders for goods or services formally bid between March and June 2013 for fiscal year 2013 -14, in an amount not to exceed $1,460,158 with two one -year renewal options for a total amount not to exceed $4,380,475 over a three -year period, with future year funding contingent on Council budget approval, was approved. MEMORIAL PARK 3 -F: Contract for Planning Services related to the Master Plan for NEIGHBORHOOD PLAN the Memorial Park Neighborhood Plan — recommendation to authorize the City Manager to negotiate and execute professional services Agreement No. 9774 (CCS) with John Kaliski Architects in an amount not to exceed $596,000 to provide project management, urban design, land use planning, transportation planning, shared parking strategies, economic analysis, phasing and implementation services related to the Memorial Park Neighborhood Plan, was presented. Councilmember Vazquez advised that he removed this item to obtain information from staff. Motion by Councilmember Vazquez, seconded by Councilmember Davis, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Mayor O'Connor NOES: None ABSENT: Councilmembers McKeown, Winterer, Mayor Pro Tern O'Day 1731 -1733 20Th STREET 3 -J: Disposition of City -Owned Property at 1731 -1733 20th Street — recommendation to adopt a Resolution declaring that the City -owned remnant parcel at 1731 -1733 201h Street is not needed for any public purpose and is therefore surplus property; and, authorize the City Manager to negotiate and execute a purchase and sale agreement with the Crossroads School of Arts and Science for the sale of this remnant parcel, was continued to a later meeting. ITEMS CONTINUED On order of the Mayor, Items 7 -B and 13 -B were continued to a later meeting, and Item 8 -13 to August 13, 2013 meeting. 4 July 23, 2013 ORDINANCES: 7 -A: Introduction and First Reading of an Ordinance to amend the Official Districting Map to change a portion of the property at 3402 DISTRICTING MAP Pico Boulevard from R2 Low Density Multiple Residential District to C2 Neighborhood Commercial District, was presented. Members of the public Denise Barton, Celia Carroll and Zina Josephs spoke in opposition to the recommended action. Member of the public Jerry Rubin spoke in support of the recommended action. Applicant Greg Ames made a presentation. Motion by Councilmember Holbrook, seconded by Councilmember Davis, 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: Councilmembers Holbrook, Davis, Vazquez, Mayor O'Connor NOES: None ABSENT: Councilmembers McKeown, Winterer, Mayor Pro Tern O'Day GLOW 2013 7 -B: Introduction and Adoption of a Proposed Emergency Ordinance and Resolution Suspending Certain Provisions of the Municipal Code During Glow 2013 and Otherwise Facilitating Permitting and Production Associated with Glow 2013, was continued to a later meeting. SALE OF REAL 7 -C: Introduction for First Reading an Ordinance of the City PROPERTY Council of The City of Santa Monica Amending Santa Monica Municipal Code Section 2.24.110 to Update the Sale of Real Property Procedures for City Owned property, was presented. Members of the public Denise Barton spoke in opposition to the recommended action. Motion by Councilmember Davis, seconded by Councilmember Holbrook, 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: Councilmembers Holbrook, Davis, Vazquez, Mayor O'Connor NOES: None ABSENT: Councilmembers McKeown, Winterer, Mayor Pro Tem O'Day 5 July 23, 2013 STAFF ADMIN ITEMS: 8 -A: Update Report on Santa Monica Pier and Proposed Extension of Corporation Services Agreement — recommendation that the City SANTA MONICA PIER Council: 1) receive and file the Pier Update report; 2) authorize the City Manager to negotiate and execute an amendment to the current Santa Monica Pier Corporation Services Agreement No. 9566 (CCS) to extend the term to June 30, 2015; 3) set February 11, 2014 for Consideration of Board Appointments for a term ending June 30, 2015; and, 4) receive and file the Santa Monica Pier Corporation FY 2013/14 Budget and Work Plan, was presented. Pier Board Chair Judy Abdo made a presentation regarding the Board. Discussion ensued on topics including, but not limited to culturally diverse programming. Motion by Councilmember Davis, seconded by Councilmember Holbrook, to adopt the staff recommendation and direct staff to review culturally diverse programming. The motion was approved by the following vote: AYES: Councilmembers Davis, Holbrook, Vazquez, Mayor O'Connor NOES: None ABSENT: Councilmembers McKeown, Winterer, Mayor Pro Tern O'Day Direction was provided to staff. BERGAMOT AREA PLAN 8 -13: Adoption of the Bergamot Area Plan and Findings of Consistency with the LUCE EIR in Compliance with the California Environmental Quality Act (CEQA) — recommendation that that the City Council: 1) find that the adoption of the Bergamot Area Plan is within the scope and covered by the Land Use & Circulation Environmental Impact Report (LUCE EIR), in compliance with the requirements of the California Environmental Quality Act (CEQA); 2) adopt the Bergamot Area Plan pursuant to Municipal Code §9.04.20.18.040, per the attached Resolution; and, 3) direct staff to begin Phase I implementation measures, including negotiations of development agreements based on the adopted Plan and development of a proposal to establish a non - profit Transportation Management Association (TMA) for the Bergamot Plan area, was continued to the August 13, 2013 Council Meeting. PUBLIC HEARINGS: 9 -A: Public Hearing and Approval of the Stormwater Parcel Reports, and Stormwater Management User Fees and Clean Beaches STORMWATER PARCEL and Ocean Parcel Taxes for Fiscal Year 2013 -14 — recommendation that REPORTS the City Council approve the 2013 Stormwater Parcel Reports pursuant to the California Health and Safety Code, and Stormwater Management User Fees and Clean Beaches and Ocean Parcel Taxes for Fiscal Year 2013 -14, was presented. No one was present for public comment. 6 July 23, 2013 Motion by Councilmember Davis, seconded by Mayor O'Connor to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Mayor O'Connor NOES: None ABSENT: Councilmembers McKeown, Winterer, Mayor Pro Tern O'Day COUNCIL DISCUSSION 13 -A: Designation of voting delegate and alternate for the League of ITEMS: California Cities 2013 Annual Conference scheduled for September 18- LEAGUE OF CA CITIES 20 in Sacramento, CA, was continued to the August 13, 2013 meeting. PERSONNEL BOARD 13 -B: Appointment to one unscheduled vacancy on the Personnel Board for a term ending on June 30, 2014, was continued to the August 13, 2013 meeting. GUN VIOLENCE 13 -C: Request of Mayor O'Connor for Council to support PREVENTION Congressman Waxman's "Gun Violence Prevention and Reduction Act of 2013 ". The legislation provides a framework for moving forward in the areas of gun safety, mental health, and gun violence - related research. The bill would prohibit the sale of certain "homemade" gun kits and parts used in the June 7, 2013 Santa Monica shootings, target research on serious mental illness, improve access to mental health services, and reinforce existing government authorities to carry out public health research on gun violence. The measure is consistent with previously approved Council policy, was presented. On order of the Mayor, Items 13 -C and 13 -D were combined. LIFESAVING 13 -D: Request of Mayor O'Connor that the City Council support INTELLIGENT passage of the proposed State "Lifesaving Intelligent Firearms FIREARMS Enforcement (LIFE)" Act and related bills, designed to close loopholes ENFORCEMENT in existing regulations, keep firearms out of the hands of potentially violent or dangerous persons, and strengthen education on gun ownership. The package of bills emerged from a State Senate and Assembly joint public safety committees hearing in January this year, which studied gun violence and firearms laws in California. The LIFE Act bills have passed the Senate, and now move to the State Assembly. The City is already on record supporting SB 396 on prohibitions associated with large capacity ammunition magazines, was presented. Members of the public Jerry Rubin spoke in favor of the requested action. Motion by Mayor O'Connor, seconded by Councilmember Vazquez to approve the requested action. The motion was approved by the following vote: 7 July 23, 2013 AYES: Councilmembers Vazquez, Davis, Holbrook, Mayor O'Connor NOES: None ABSENT: Councilmembers McKeown, Winterer, Mayor Pro Tem O'Day Staff direction was provided. PUBLIC INPUT: Members of the public Kevin Smith and Denise Barton commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 8:02 p.m. in memory of Herb Chase. ATTEST: Sarah P. Gorman City Clerk APPROVED: Pam O'Connor Mayor July 23, 2013