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m-082713C �i Y 1 G `��TO T.� 1► Y] I�rl [ I] r L C CITY COUNCIL MINUTES AUGUST 27, 2013 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:33 p.m., on Tuesday, August 27, 2013, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Mayor Pro Tem Terry O'Day Councilmember Gleam Davis Councilmember Robert T. Holbrook (arrived at 6:15 p.m) Councilmember Kevin McKeown Councilmember Ted Winterer Absent: 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, the City Council convened at 5:33 p.m., with Councilmembers Holbrook and Vazquez absent. Councilmember Winterer led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment on closed sessions. Councilmember Holbrook On order of the Mayor, the City Council recessed at 5:34 p.m., to consider arrived at 6 :15 p.m. closed sessions and returned at 6:38 p.m., with Councilmember Vazquez absent, to report the following: 1 -A: Conference with Legal Counsel —Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2) — 3 cases: 1) Sentry Control Systems 2) Goldline 3) 1 case The City Attorney advised this matter was heard and no reportable action was taken. 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 — Claim Against Los Angeles County (No.12- 1102704 *001) August 27, 2013 The City Attorney reported that the City filed against the County of Los Angeles for being overcharged on a fee that was imposed on cities for administrating property tax distribution under Redevelopment. She recommended Settlement No. 9786 (CCS) in the amount of $458,715.92. Motion by Councilmember Davis, seconded by Councilmember McKeown, to approve Settlement Agreement No. 9786 (CCS). The motion was approved by the following vote: AYES: Councilmembers Davis, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Vazquez REPORT ON MEETING Pursuant to a new State law, Assistant City Clerk Denise Anderson - Warren COMPENSATION announced respectively that Council will receive no compensation for meeting as the Redevelopment Successor Agency and Public Financing Authority, and will receive $50 for meeting as the Housing Authority and $50 for meeting as the Parking Authority. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a JOINT SPECIAL Councilmember for discussion. MEETING WITH HA, PFA, PA & RDA There being a Consent Calendar for the Redevelopment Successor Agency, SUCCESSOR AGENCY Housing Authority, Parking Authority, and Public Financing Authority the Mayor with the consensus of Council combined the Consent Calendars into a joint meeting so as to hear them concurrently. Members of the public Ellen Harman, Derek Kiley, Denise Barton, Ken Robin, and Jerry Rubin commented on various Consent Calendar items. At the request of the City Manager, Item 3 -K was removed from the Consent Calendar. Motion by Commissioner /Agency /Authority /Councilmember Holbrook, seconded by Commissioner /Agency /Authority/Councilmember Winterer, to approve the Consent Calendar except for Item 3 -K, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Commissioner /Agency /Authority/Coancihnembers McKeown, Davis, Holbrook, Winterer, Vice Chair /Chair Pro Tem/Mayor Pro Tem O'Day, Chair/Mayor O'Connor NOES: None ABSENT: Commissioner/ Agency /Authority/ Councilmembers Vazquez SELECTIVE TRAFFIC 3 -A: California Office of Traffic Safety Grant — recommendation to ENFORCEMENT GRANT authorize the City Manager to accept no match grant Award No. 9787 (CCS) award from the California Office of Traffic Safety, in the amount of August 27, 2013 $140,000 in support of the Selective Traffic Enforcement Program, and authorize budget changes, was approved. SOBRIETY 3 -B: UC Berkeley Sobriety Checkpoint Grant — recommendation to CHECKPOINT GRANT authorize the City Manager to accept no match grant Award No. 9788 (CCS) from the University of California Berkeley - Safe Transportation Research and Education Center, in the amount of $45,000 in support of the Sobriety Checkpoint Grant Program, and authorize budget changes, was approved. AFFORDABLE HOUSING 3 -C: Affordable Housing Production Program (AHPP) Fee FEES Resolutions — recommendation to adopt Resolution No. 10763 (CCS) entitled: "A Resolution of the City Council of The City of Santa Monica Automatically Adjusting The Affordable Housing Unit Base Fee For New Market -Rate Multifamily Development Pursuant to Santa Monica Municipal Code Section 9.56.070(B) Based on Changes in Construction Costs and Land Costs," and Resolution No. 10764 (CCS) entitled: "A Resolution of the City Council of The City of Santa Monica Automatically Adjusting The Affordable Housing Unit Development Cost Pursuant to Santa Monica Municipal Code Section 9.56.070(C) Based on Changes in Construction Costs and Land Costs," was adopted. SOFTWARE AND 3 -D: Software License and Maintenance Contracts for Electronic MAINTENANCE Imaging and Document Management System — recommendation to CONTRACTS authorize the City Manager to negotiate and execute software license and maintenance Award No. 9789 (CCS) with Laserfiche, in an amount not to exceed $159,981 for the sole source purchase of software licenses, maintenance and related services for five years to provide an electronic imaging and document management system with future year funding contingent on Council budget approval, was approved. TRANSIT PROJECT 3 -E: Transit Project Marketing Services — recommendation to MARKETING authorize the City Manager to negotiate and execute a Professional Set-vices Agreement No. 9790 (CCS), with Pulsar Advertising, in an amount not to exceed $305,942 for Transit Project Marketing Services for two years, with three additional one -year renewal options in the amount of $152,971 per year, for a total amount not to exceed $764,855 over a five - year period with future year funding contingent on Council budget approval, was approved. HOUSING LINKAGE FEE 3 -17: Agreement Amendment for Commercial Development Linkage Fee — recommendation to authorize the City Manager to negotiate and execute a second modification to Professional Set-vices Agreement No. 9791 (CCS) with Rosenow Spevacek Group, Inc. in the amount of $16,400 to complete the scope of work associated with preparing the Commercial Development /Affordable Housing Linkage Fee, resulting in a one -year amended agreement with a new total amount not to exceed $76,330, was approved. 3 August 27, 2013 BEACH RESTROOM 3 -G: Award Construction Contract for the 2400 Ocean Front Walk REPLACEMENT Beach Restroom Replacement Project — recommendation to authorize the PROJECT City Manager to negotiate and execute Contract No. 9792 (CCS), with G2K Construction, Inc., in an amount not to exceed $711,700 for the 2400 Ocean Front Walk (OFW) Beach Restroom Replacement Project, and approve changes, was approved. MOSS PUMP STATION 3 -H: Professional Engineering Services for Moss Avenue Pump Station IMPROVEMENT Improvements Project — recommendation to authorize the City Manager PROJECT to negotiate and execute Professional Services Agreement No. 9793 (CCS), with Lee & Re, Inc., in an amount not to exceed $83,640 to provide engineering services and prepare a Preliminary Engineering Report for the Moss Avenue Pump Station Improvements Project; and approve changes, was approved. VOTER SURVEY FOR 3 -I: Professional Services Agreement with Fairbank, Maslin, POTENTIAL BALLOT Maullin, Metz & Associates for Voter Survey for a 2014 Potential MEASURE Ballot Measure — recommendation to authorize the City Manager to negotiate and execute Contract No. 9794 (CCS), with Fairbank, Maslin, Maullin, Metz & Associates, in an amount not to exceed $27,800 to conduct a voter survey on a potential ballot measure for the 2014 election, was approved. ADOPT ATA, STA, AND 3 -J: Adopt Resolution No. 10765 (CCS) entitled: "A Resolution of EPP MOU'S The City Council of The City of Santa Monica Authorizing the City Manager To Execute Various Memoranda of Understanding as well as Execute a Revised Executive Pay Plan," was adopted. JOINT SPECIAL 3 -L: Approval of minutes of various meetings of the Housing MEETING MINUTES Authority, Parking Authority, Redevelopment Successor Agency, Public Financing Authority, were approved. On order of the Mayor /Chair, the Special Joint Meeting of the City Council, the Redevelopment Successor Agency, the Housing Authority, the Parking Authority, and the Public Financing Authority was adjourned at 6:55 p.m., and the regular meeting of the City Council reconvened with Councilmember Vazquez absent. PARKING REVENUE 3 -K: Purchase New Parking Revenue and Access Control System — AND ACCESS CONTROL recommendation to authorize the City Manager to negotiate and execute a SYSTEM contract with WPS USA Corporation, in an amount not to exceed $4,800,000 for the purchase, installation and maintenance of the Parking Access and Revenue Control System for the downtown parking structures, Main Library parking structure, Civic Center parking facilities, Ken Edwards Center, and Pier Deck parking lot, with three additional one year renewal options in the amount of $600,000, for a total amount not to exceed $5,400,000 over a ten year period, with future year funding contingent on Council approval; the purchase and installation proposed 4 August 27, 2013 amount is not to exceed $3,400,000 and a maintenance and service amount not to exceed $200,000 annually, was presented. City Manager Rod Gould advised that he removed this item because the City became aware of a possible conflict of interest with a person who sat as a rater on the board making the final decision for the contract. Staff is now suggesting to reject all bids and to direct staff to complete a new Request For Proposal (RFP) process to maintain the integrity of our purchasing decisions. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to approve the recommendation to reject all proposals and direct staff to complete a new Request for Proposal (RFP) process. The motion was approved by the following vote: AYES: Councilmembers Davis, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Vazquez STUDY SESSION: 4 -A: 2013 -2021 General Plan Housing Element, First Draft for DRAFT HOUSING Public Review — recommendation that City Council review and provide ELEMENT PLAN comments on the initial Draft 2013 -2021 Housing Element and direct staff to proceed with transmittal to the State Department of Housing and Community Development for its initial review, was presented. Questions were asked and answered of staff about various parts of the Draft Plan. Members of the public Denise Barton, Nancy Morse, Neal Richman, Catherine Eldridge, and Christel Andersen, commented on the item. Discussion ensued on the merits of the recommendation including, but not limited to: Senior housing and aging in place; retrofitting housing for seniors as well as disabled; creating a range of housing for seniors; creating senior housing in areas that have better access to transportation; creating appropriate housing depending on the family makeup; a much stronger commitment to affordable housing; balancing jobs and housing numbers; too many single resident occupancy (SRO) units; making Senior and First Responders a Priority in upcoming Development Agreements; using marketing incentives to create affordable housing; and, setting attainable housing goals. On order of the Mayor, this item was received and filed, and direction was given to staff. ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2438 (CCS) DOMESTIC entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PARTNERSHIP OF SANTA MONICA AMENDING CHAPTERS 4.40 AND 4.60 OF THE 5 August 27, 2013 PROTECTION SANTA MONICA MUNICIPAL CODE TO EXPAND DOMESTIC PARTNERSHIP PROTECTIONS TO CONFORM WITH STATE LAW," was presented. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to adopt the ordinance, reading 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, Mayor O'Connor NOES: None ABSENT: Councilmember Vazquez STAFF 8 -A: 4th /5"' and Arizona Exclusive Negotiating Agreement — ADMINISTRATIVE recommendation that City Council authorize the City Manager to negotiate ITEMS: and execute Exclusive Negotiating Agreement, with the team led by 4 "' and 5th STREETS Metropolitan Pacific Capital, Clarett West, and DLJ West Capital, to DEVELOPMENT develop the City -owned property between 4th and 5th Streets, south of Arizona Avenue; and direct staff to work with the Development Team to incorporate affordable housing into the proposed development, was presented. Members of the public Troy Foster, Rachel Torres, Kathleen Rawson, Jerry Rubin, generally spoke in favor of the recommendation and provided suggestions on how the plan could be improved. Members of the public Ellen Hannan, Denise Barton, Ken Robin, Christel Andersen, and Patricia Bauer spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including, but not limited to: parking; affordable housing; availability to open space; the open corner concept not being inviting; being able to control the retail space; financing; and, not having enough public involvement in the decision - making process. Motion by Councilmember Davis, seconded by Councilmember McKeown, to direct staff to go back to the top two finalist Metropolitan Pacific Capital and Related California to have the two developers come back with a summary responses to the questions raised by the City Council and the public. The motion was approved by the following vote: AYES: Councilmembers Davis, Winterer, McKeown, Mayor Pro Tern O'Day, Mayor O'Connor NOES: Councilmember Holbrook ABSENT: Councilmember Vazquez 1258 5' STREET 8 -B: Approval of Preservation Covenant for the Downtown Post PRESERVATION Office Building at 1258 5th Street — recommendation that the City Council COVENANT approve the proposed preservation covenant for the Downtown Post Office 6 August 27, 2013 building, was presented. Members of the public Moshe Alon, Margaret Bach, Jerry Rubin, and Roger Genser, expressed concerns, but spoke generally in favor of the recommended action. Motion by Councilmember McKeown, seconded by Councilmember Davis, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Winterer, Mayor Pro Tem O'Day NOES: Mayor O'Connor ABSENT: Councilmember Vazquez Mayor O'Connor stated for the record that her "no" vote was because even though she feels this is a historical building, this is not the way to go about preserving it. COUNCILMEMBER 13 -A: Request of Councilmember McKeown that, pursuant to the DISCUSSION ITEMS: Airport Commission's recommendation of July 3rd, that the Council SUPPORT LEGISLATION express the City's support for legislation intended to control helicopter TO CONTROL noise over Greater Los Angeles, specifically two federal bills: -- S.208, HELICOPTER NOISE Los Angeles Residential Helicopter Noise Relief Act of 2013 (Sen. Feinstein) -- H.R.456, Los Angeles Residential Helicopter Noise Relief Act of 2013 (Rep. Schiff); and one proposed State action: -- SJR 7, Los Angeles Residential Helicopter Noise Relief Act of 2013 (Sen. Lieu and Sen. Pavley); and convey our support to appropriate state and federal legislators, our Governor, and our President, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to approve the recommendation. The motion was unanimously approved by voice vote, with Councilmember Vazquez absent. CLARIFY LOCAL 13 -B: Request of Mayor Pro Tem O'Day and Councilmembers PARKING POLICIES McKeown and Winterer that staff prepare an amendment to Municipal Code section 3.16.120, clarifying our local parking policies to encourage electric and other low- or zero - emission vehicle adoption by removing unintended consequences caused by having linked those policies to changing state rules, and return to the Council at a future meeting for discussion and possible adoption, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Councilmember Holbrook, to approve the recommendation. The motion was approved by voice vote, with Mayor O'Connor opposing, and Councilmember Vazquez 7 August 27, 2013 absent. PUBLIC INPUT: Members of the public David Whatley, Art Casillas, and Christel Andersen commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:27 p.m. in memory of Roween G. Kissinger. ATTEST: NO2 MGM _D Denise Anderson - Warren am O'Connor Assistant City Clerk ayor August 27, 2013