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m-092413CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 24, 2013 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Day at 5:34 p.m., on Tuesday, September 24, 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 Tony Vazquez Councilmember Ted Winterer Absent: Mayor Pam O'Connor Also Present: Assistant City Manager Elaine Polachek City Attorney Marsha Jones Moutrie City Clerk Sarah P. Gorman CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:34 p.m., with Mayor O'Connor absent. Councilmember Vazquez led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Member of the public Denise Barton commented on various closed sessions items. On order of the Mayor Pro Tem, the City Council recessed at 5:35 p.m., to consider closed sessions and returned at 6:54 p.m., Mayor O'Connor 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) — City of Santa Monica et al. v. California Department of Finance et al., Sacramento Superior Court Case Number 34- 2013 - 80001383 The City Attorney advised this matter was heard and no reportable action was taken. September 24, 2013 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. 1 -C: Conference with Real Property Negotiator: Property: 1122 22nd Street City Negotiator: Andy Agle, Dir. Housing and Economic Development Under Negotiation: Sale of Real Property Owner of Record: City of Santa Monica The City Attorney advised this matter was heard and no reportable action was taken. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Joy Fulmer, Denise Barton, John Jerebek, Jerry Rubin, Jean Shayna Tester, Harvey Eder, and Zoey Muntaner, and 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. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day NOES: None ABSENT: Mayor O'Connor PILOT AIRCRAFT 3 -A: Pilot Aircraft Retrofitting Program —recommendation to direct RETROFITTING staff to proceed with implementation of a pilot program for retrofitting aircraft used in flight training with mufflers or other sound mitigation equipment; and, appropriate the budget changes, was approved. POOL MAINTENANCE 3 -B: Award Bid for Pool Maintenance and Repair Services — AND REPAIR SERVICES recommendation to award Bid No. 4094 to Commercial Aquatic Services, in an amount not to exceed $75,000 for FY 2013 -14, for pool maintenance and repair services, with two one -year options to renew and a 5% increase in price for the third year, with a total amount not to exceed $228,750 over a three -year period, was approved. 2 September 24, 2013 TILE CONTRACTOR 3 -C: Award Bid for Tile Contractor Services —recommendation to SERVICES award Bid No. 4098 to M.C. Tile Co., in an amount not to exceed $75,000 for FY 2013 -14, for tile contractor services, with two one -year options to renew at a 3% increase in price each year, for a total award amount of $232,000 over a three -year period, was approved. SOLAR SANTA MONICA 3 -1): Agreement for implementation of Solar Santa Monica Program PROGRAM - recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 9799 (CCS) with EcoMotion, in an amount not to exceed $75,000 for implementation of the Solar Santa Monica program, with two additional one year renewal options in the amount of $75,000, for a total not to exceed $225,000 over a three year period, was approved. BBB -EXPO LIGHT RAIL 3 -E: Award Professional Services Agreement for Big Blue Bus -Expo SERVICE Light Rail Service Integration Analysis — recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 9800 (CCS) with Nelson/Nygaard Consulting Associates, in an amount not to exceed $467,113 for the provision of project management, planning, data analysis, stakeholder engagement, and public outreach for the integration of Big Blue Bus (BBB) set-vice with Expo Light Rail, was approved. PUBLIC TRANSIT 3 -F: Mutual Assistance for Public Transit in Emergency Situations — recommendation to authorize the City Manager to enter into reciprocal agreement No. 9801 (CCS) for mutual assistance for public transportation services known as the California Transit Mutual Assistance Compact (TransMAC), was approved. BUFFER PARK 3 -G: Modification to Agreement with for Environmental Screening Services at the Buffer Park — recommendation to authorize the City Manager to negotiate and execute a fourth modification to Professional Services Agreement No. 8914 (CCS) with ICY Consulting Services, LLC, in an amount not to exceed $51,049 to provide environmental screening services for the proposed Buffer Park located in the Olympic Well Field, resulting in a five -year agreement with a new total amount not to exceed $3,826,147; and, appropriate budget increase, was approved. WATER AND 3 -H: Modification to Agreement for Water and Wastewater WASTEWATER Supervisory Control and Data Acquisition (SCADA) System Upgrade, Installation, and Maintenance — recommendation to authorize the City Manager to negotiate and execute a first modification to Professional Services Agreement No. 9246 (CCS) with Beavens Systems Inc., in the amount of $331,785 to provide additional upgrades, installation, software maintenance, and training on the Supervisory Control and Data Acquisition (SCADA) system for water and wastewater facilities, resulting in a five- September 24, 2013 year amended agreement with a new total amount not exceeding $1,137,573, was approved. PUBLIC SAFETY 3 -I: Maintenance Agreement for the Public Safety Facility Access FACILITY Control System — recommendation to authorize the City Manager to negotiate and execute sole source Maintenance Agreement No. 9802 (CCS) with Deterministic Systems, Inc., in an amount not to exceed $300,000 for maintenance of the Public Safety Facility access control system for a five year term, was approved. BBB AND PARKING 3-J: Maintenance Agreement for Big Blue Bus and Parking Meter METER MAINTENANCE Currency Counting Room Equipment — recommendation to award a AND EQUIPMENT sole- source blanket purchase orders to vendors: Money Systems Technology, in the amount of $7,500 per year for maintenance of two coin sorters /counters and conveyor belts used for currency counting operations, for a total amount of $15,000 over a two -year term; and, Richard's Coin & Currency Counters, in the amount of $12,000 per year for maintenance of various equipment for currency counting operations, for a total amount of $24,000 over a two -year term, was approved. RESIDENT SURVEY 3 -K: Professional Services Agreement for Resident Survey on Future Development — recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 9803 (CCS) with Godbe Research, in an amount not to exceed $32,135 to conduct a resident opinion survey on future development related issues, was approved. CHARTER FOR 3 -L: Charter for Compassion —recommendation that the City Council COMPASSION authorize the City Manager to sign the Charter for Compassion on behalf of the City of Santa Monica, was approved. AFFORDABLE HOUSING 3 -M: Agreement Amendment for Financial Feasibility Analysis LINKAGE FEES Related to Proposed Parks and Affordable Housing Linkage Fees - recommendation that City Council authorize the City Manager to negotiate and execute Professional Services Agreement No. 9804 (CCS) with HR &A Advisors, Inc., in the amount of $40,120, to complete the fmancial feasibility analysis related to proposed Parks and Commercial Development / Affordable Housing Linkage Fees, resulting in a two -year agreement with a new total amount not to exceed $97,995, was approved. LANTANA SOUTH 3 -N: Lantana South Development Agreement 03 -DEV -001 Neighborhood Traffic Protection Program — recommendation that City Council: determine that no additional measures should be installed, and that no existing measures be removed within the Lantana South Neighborhood area; direct staff to refund the construction deposit to Lui2 LA Lantana, II, L.P., the owner of the Lantana South Development 4 September 24, 2013 Agreement; and, appropriate budget increases and changes, was approved. APPEALS: 6 -A: Appeal of Conditional Use Permit and Variance Approvals to 1519 WILSHIRE BLVD Allow On -Site Sale of Alcohol and Off -Site Parking for a New Restaurant at 1519 Wilshire Boulevard — recommendation that the City Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit 12 -012 and Variance 12 -019 for a new restaurant at 1519 Wilshire Boulevard based on the draft findings and conditions of approval contained in the staff report, was presented. Appellant Alan Zebker spoke in opposition to the staff recommendation. Applicant representative Howard Robinson and applicant Larry Greenwood spoke in support of the staff recommendation. Members of the public Gregg Heacock, Laura Lim, and Roseanna Locke spoke generally in support of the recommended action. Members of the public Heidi Gordon, Richard Hemj, Janiee Arshakian, Nikki Fernandez, Jerry Rubin, Victor Ashakian, Ralph Fagen, and Zoe Muntaner spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including use of the rear door of the property, permitted use of the second story of the property, hours of operation, and offsite employee parking, Motion by Councilmember McKeown, seconded by Councilmember Winterer, to deny the appeal and require the property to close at 10:00 p.m. on weeknights and 11:00 p.m. on weekends, and allow 90 minutes for vacation of the property. Motion to amend by Councilmember McKeown, to deny the appeal and require the property to close at 10:00 p.m. Sunday through Thursday and 11:30 p.m. Friday and Saturday. The motion was accepted as friendly by the seconder. Motion to amend by Councilmember Winterer, to remove proposed condition number 24. The motion was accepted as friendly by the maker. Motion to amend by Councilmember Winterer, to include a new condition 24 that requires the operator to provide offsite parking to employees. The motion was accepted as friendly by the maker. Motion to amend by Councilmember Holbrook, to make valet parking required after 5:00 p.m. on days the restaurant was open and not required before 5:00 p.m. The motion was not accepted as friendly by the maker. September 24, 2013 The motion failed for lack of a second. Substitute motion by Councilmember Holbrook, to require valet parking after 5:00 p.m. on days the restaurant is open but not require valet parking before 5:00 pm, and to only permit use of the downstairs of the property before the dinner hour. After Council discussion, the substitute motion failed for lack of support. Motion to amend by Councilmember Winterer, to require valet parking from 11:30 a.m, to 2:00 p.m. and 5:00 p.m. to close. The motion was accepted as friendly by the maker. Motion by Councilmember McKeown, to deny the appeal and require the following changes: closing to the public by 10:00 p.m. Sunday through Thursday, and closing to the public by 11:30 p.m. Friday and Saturday, with 90 minutes afterwards each evening to close; to omit existing condition 24 and add a new condition 24 that the operator should make offsite parking available to employees at the cost equal or greater than the cost of a monthly transit pass, retain staff recommendation requiring valet parking but only require valet parking from 11:00 am to 2:00 p.m. and 5:00 p.m, to closing, and to add a condition that the back door only be used as an emergency exit, not an entrance or an exit in ordinary use. The motion failed by the following vote: AYES: Councilmembers McKeown, Winterer, Vazquez NOES: Councilmembers Holbrook, Davis, Mayor Pro Tern O'Day ABSENT: Mayor O'Connor Motion by Councilmember Davis, seconded by Councilmember Holbrook, to deny the appeal and require the following changes: operation's hours to be 11:00 a.m. — 10:30 p.m. Sunday through Thursday, and 11:00 a.m. — 11:30 p.m. Friday and Saturday, with complete closing with vacating of all customers and employees within two hours thereafter; to omit existing condition 24 and add a new condition 24 that the operator should make offsite parking available to employees at the cost equal or greater than the cost of a monthly transit pass, retain staff recommendation requiring valet parking but only require valet parking from 11:00 am to 2:00 p.m. and 5:00 p.m. to closing, and to add a condition that the back door only be used as an emergency exit, not an entrance or an exit in ordinary use. Motion to amend by Councilmember Vazquez, to only permit 90 minutes for closure Sunday — Thursday. The motion was accepted as friendly by Councilmember Davis. 6 September 24, 2013 The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tem O'Day NOES: None ABSENT: Mayor O'Connor Staff direction was provided to include signage that has a telephone number to call if someone inappropriately parks in the alley. ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2439 (CCS) to BERGAMOT AREA PLAN amend the Interim Zoning Ordinance No. 2428 (CCS) entitled, "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING INTERIM ORDINANCE NUMBER 2428 (CCS), WHICH ESTABLISHED INTERIM DEVELOPMENT PROCEDURES PENDING IMPLEMENTATION OF THE LUCE, INCLUDING MODIFICATIONS ADDRESSING ORDINANCE APPLICABILITY, CM DISTRICT NON- CONFORMING USES, SHARED PARKING AND FAR CALCULATIONS IN THE DOWNTOWN, EXEMPTIONS FOR CITY PROJECTS, PROVISIONS RELATING TO THE PERMITTED NUMBER OF RESTAURANTS IN THE CM DISTRICT, THE REPLACEMENT OF EXISTING PUBLIC PARKING SPACES WITHIN PUBLIC PARKING STRUCTURES IN BSC -2 AND C3 -C ZONING DISTRICTS, AUTHORIZED EXISTING NONCONFORMING AUTOMOBILE DEALERSHIP USES AND MINOR EXPANSIONS THERETO IN RESIDENTIAL AND "A" OFF - STREET PARKING OVERLAY ZONES, MODIFIED THE REQUIREMENTS FOR MINISTERIAL PROCESSING OF 100% AFFORDABLE HOUSING OF 50 OR FEWER UNITS, MODIFIED FLOOR AREA RATIO CALCULATIONS IN THE DOWNTOWN DISTRICT FOR OUTDOOR DINING, PROVIDING AN INTERIM USE PERMIT APPROVAL PROCESS FOR THE BERGAMOT PLANNING AREA AND CLARIFYING THAT THE BERGAMOT AREA PLAN DEVELOPMENT STANDARDS FOR TIER 1 PROJECTS AND AUTHORIZED USES SUPERSEDE THE REQUIREMENT OF THE ZONING ORDINANCE TO THE EXTENT OF ANY INCONSISTENCY ", was presented. Motion by Councilmember Davis, seconded by Councilmember Holbrook, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, Mayor Pro Tem O'Day 7 September 24, 2013 NOES: Councilmember McKeown ABSENT: Mayor O'Connor Councilmember McKeown stated for the record that he voted no because it puts into immediate effect some things he did not agree with including inadequate housing affordability and yielding without negotiations of FAR calculations. SIGN CODE 7 -B: Second reading and adoption of Ordinance No. 2440 (CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SIGN CODE ALLOWING CITY SCHOOLS USE OF ANIMATED SIGNS FOR PUBLIC SAFETY AND SCHOOL PURPOSES ", was presented. City Attorney Moutrie stated for the record that this ordinance creates an exception from the prohibition against animated signs for schools. However, it would not exempt school animated signs from other requirements of the sign code. Motion by Councilmember McKeown, seconded by Councilmember Davis, to adopt 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 Pro Tern O'Day NOES: Councilmembers McKeown, Winterer ABSENT: Mayor O'Connor Councilmember McKeown stated for the record that he voted no because individual permitting of such signs would have been more appropriately protective of adjacent residential neighborhoods, and most of these schools are in residential neighborhoods. STAFF 8 -A: Bikesharing Implementation— recommendation that City Council: ADMINISTRATIVE 1) direct staff to seek potential funding for the forecasted annual operating ITEMS: deficit for the bikeshare system through sponsorship with the option to BIKESHARING pursue advertising revenue to the extent sponsorship revenue is infeasible or insufficient; 2) authorize the City Manager to accept a grant of $500,000 for the bikeshare system and to execute a grant funding agreement with the South Coast Air Quality Management District Mobile Source Air Pollution Reduction Committee; 3) appropriate the budget increase; 4) direct staff to continue to work with other Westside COG Cities and Metro to seek coordination of the bikeshare system across jurisdictions; 5) Review and comment on use of streets and sidewalks and other City property as bikeshare station locations, and 6) authorize staff to release a Request for Proposals to procure a system and contract operator consistent with September 24, 2013 Council direction, was presented. Members of the public Josh Kurpies, Ron Durgin, Cynthia Rose, Gina Goodhill Rosen and Phil Brock spoke generally in favor of the recommended action. Considerable discussion ensued on topics including, but not limited to sponsorship, advertising, and coordination with schools. Motion by Councihnember McKeown, seconded by Councilmember Davis, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Winterer, McKeown, Mayor Pro Tem O'Day NOES: Councilmember Holbrook ABSENT: Mayor O'Connor BBB GUIDELINES 8 -B: Adoption of Big Blue Bus Service Design, Performance & Evaluation Guidelines — recommendation that the City Council adopt the Big Blue Bus Service Design, Performance and Evaluation Guidelines, was presented. Members of the public Jerry Rubin and Denise Neal spoke in support of the proposed action. Members of the public Zoe Muntaner spoke in opposition to the proposed action. Motion by Councilmember Winterer. seconded by Councilmember Vazquez, to adopt the staff recommendation with deletion of the following text from p. 5.2 of the Appendix: "After all registered persons have commented, a final opportunity will be offered for any additional public comment. This offering will precede the close of the public hearing." The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tem O'Day NOES: None ABSENT: Mayor O'Connor MOTION TO HEAR Motion by Councilmember McKeown, seconded by Councilmember REMAINING AGENDA Davis, to hear remaining items on the agenda past 11:00 p.m. The motion ITEMS PAST 11:00 P.M. was approved by voice vote, with Mayor O'Connor absent. PUBLIC HEARINGS: 9 -A: Big Blue Bus Fare Policy Update and Public Hearing- 9 September 24, 2013 BBB FARE POLICY recommendation that City Council hold a public hearing in accordance UPDATE with Federal Transportation Administration Circular 9030.113 and receive public comments regarding the recommendation to: Approve the elimination of the Big Blue Bus (BBB)local transfer to be implemented on January 1, 2014; Provide a modification to the BBB Fare Policy through the introduction of SmartCards for the payment of fares on BBB service; and, appropriate budget changes, was presented. Members of the public Jerry Rubin spoke in support of the recommended action. Members of the public Denise Barton, Kevin Smith, Harvey Eder, and Denise Neal spoke in opposition to the recommended action. Discussion ensued on topics including fare cards and day passes. Motion by Councilmember Winterer, seconded by Councilmember Davis, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tern O'Day NOES: None ABSENT: Mayor O'Connor Staff direction was provided BBB SERVICE CHANGE 9 -B: Big Blue Bus Service Change Recommendations Public Hearing— recommendation to hold a public hearing in accordance with Federal Transportation Administration Circular 9030.11) and receive public comments regarding the recommendation to: Approve the elimination of Route 11 in February 2014; and, approve the temporary truncation of Route 44, the Sunset Ride, by eliminating service to Santa Monica College's Academy of Entertainment and Technology (ART) Campus, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Councilmember Davis, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day NOES: None ABSENT: Mayor O'Connor 10 September 24, 2013 RESOLUTIONS: 11 -A: Adopt a Resolution waiving past due Business License Taxes, BUSINESS LICENSE Penalties and Related Fees — recommendation to adopt Resolution No. TAXES 10769 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING PAST BUSINESS LICENSE TAXES AND PENALTIES FOR RESIDENTIAL RENTALS OF LESS THAN 4 UNITS AND ARTISTS OPERATING OUT OF SANTA MONICA AIRPORT THAT MANUFACTURE BUT DO NOT SELL ART FROM THAT BUSINESS LOCATION ", was presented. Member of the public Denise Barton spoke generally in opposition to the recommended action. Motion by Councilmember Winterer, seconded by Councilmembei Vazquez, to adopt Resolution No. 10769 (CCS) and approve the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tern O'Day NOES: None ABSENT: Mayor O'Connor COUNCILMEMBER 13 -A: Recommendation to accept Al Weintraub's resignation from DISCUSSION ITEMS: the Commission for the Senior Community and authorize the City RESIGNATION Clerk to publish the vacancy, was presented. There was no one present for public comment. Motion by Councilmember Winterer, seconded by Mayor Pro Tern O'Day, to approve recommendation. The motion was unanimously approved by voice vote, with Mayor O'Connor absent. WESTSIDE BALLET OF 13 -B: Request of Councilmembers Winterer and Davis that the City SANTA MONICA Council use $10,000 in discretionary funds to sponsor the Westside Ballet of Santa Monica (a 503(c) non - profit organization) and its collaboration with the Santa Monica - Malibu Unified School District, Santa Monica College, and the Santa Monica Community Orchestra to produce The Nutcracker at The Broad Stage and to provide complimentary tickets to SMMUSD classes. This program will enhance the SMMUSD arts curriculum by providing students an opportunity to see a traditional, full - length ballet with a live orchestra here in Santa Monica. Students will have an opportunity to interact with both the dancers and the orchestra musicians. The amount of funding requested is less than 10% of the total cost of the program and associated curriculum and the additional funds will allow students from Title I schools (which have a large number of students that qualify for free or reduced lunch programs) to attend performances at 11 September 24, 2013 no cost, was presented. Motion by Councilmember Vazquez, seconded by Councilmember Davis, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tem O'Day NOES: None ABSENT: Mayor O'Connor DIAS DE LOS MUERTOS 13 -C: Request of Councilmember Vazquez that the Council allocate $15,000 in Council contingency funds to expand the City's celebration of Dias de los Muertos this year. Last year the event was funded out of one -time department savings. This amount requested, approximately double the $7,700 budget of last year's event, would allow the City to provide additional musicians and workshops as part of the City's event at Woodlawn Cemetery and would also support expanded marketing and outreach for the many other community based celebrations of this important cultural tradition of residents of the Pico Neighborhood, was presented. Members of the public Paulina Sahagun and Lucia Zepeda spoke generally in favor of the recommended action. Motion by Councilmember Vazquez, seconded by Councilmember Davis, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tem O'Day NOES: None ABSENT: Mayor O'Connor PUBLIC INPUT: Members of the public John Jerabek, Denise Barton, Art Casillas, Kevin Smith, and Mike Disch commented on various local issues. ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting was adjourned at 12:18 a.m, in memory of Juanita Murry. ATTEST: Sarah P. Gorman City Clerk Terry O'D Mayor Pro 12 September 24, 2013