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m-112613CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 26, 2013 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:30 p.m., on Tuesday, November 26, 2013, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Tony Vazquez Absent: Councilmember Ted Winterer Mayor Pro Tem Terry O'Day Also Present: City Manager Rod Gould Assistant City Attorney Joe Lawrence City Clerk Sarah P. Gorman CONVENE /PLEDGE On order of the Mayor, the City Council convened at 5:30 p.m., with Councilmember Winterer and Mayor Pro Tem O'Day, absent. Councilmember Davis led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:32 p.m., to consider closed sessions and returned at 6:35 p.m., with Councilmember Winterer and Mayor Pro Tem O'Day absent, to report the following: 1 -A: Conference with Legal — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1) — Hoakins v. City of Santa Monica, Los Angeles Superior Court Case No. SC 115737 The Assistant City Attorney Joe Lawrence recommended settlement of $96,920 in a bus accident matter. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve Settlement No. 9838 (CCS), related to a bus accident matter, in the amount of $96,920. 1 November 26, 2013 The motion was approved by the following vote AYES: Councilmembers McKeown, Holbrook, Davis, Vazquez, Mayor O'Connor NOES: None ABSENT: Councilmember Winterer, Mayor Pro Tem O'Day 1 -B: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1) — Lee v. City of Santa Monica, Los Angeles Superior Court Case Number SC 119369 The Assistant City Attorney Joe Lawrence advised this matter was heard and no reportable action was taken. CONSENT All items were considered and approved in one motion unless removed by a CALENDAR: Councilmember for discussion. Member of the public Denise Barton commented on various Consent Calendar items. Motion by Councilmember McKeown, seconded by Councilmember Holbrook, 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 McKeown, Holbrook, Davis, Vazquez, Mayor O'Connor NOES: None ABSENT: Councilmember Winterer, Mayor Pro Tern O'Day MINUTES 3 -A: The minutes of October 8, 2013, City Council meeting, were approved. MEETING 3 -13: Cancellation of a regular Council meeting scheduled for Tuesday, CANCELLATION December 24, 2013, was approved CALIFORNIA 3 -C: Adopt Resolution No. 10785 (CCS) entitled: "AUTHORIZING THE COASTAL SUBMITTAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY COMMISSION OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA COASTAL COMMISSION LOCAL COASTAL PROGRAM PLANNING GRANT PROGRAM FOR FUNDING IN FISCAL YEAR 2013 -14 AND THE EXECUTION OF DOCUMENTS NECESSARY TO PARTICIPATE IN THE PROGRAM ", was adopted. STREET 3 -1): Purchase Order Modification for Electrical and Street Lighting LIGHTING Supplies — recommendation that City Council approve a change order to SUPPLIES Purchase Order 22785 -OF with Electric Supply Connection, in the amount of 2 November 26, 2013 $45,000 to cover purchases of electrical and street lighting supplies for the remainder of FY 2013 -14, resulting in a revised purchase order total not to exceed $127,250, was approved. 2433 MAIN STREET 3 -E: Approve Statement of Official Action for a Conditional Use Permit (13CUP004) and Parking Variance (13VAR005) to allow the operation of an exercise facility, and to allow a parking variance to satisfy off - street parking requirements associated with the proposed use at 2433 Main Street, with revised findings and conditions as approved on October 22, 2013, was approved. SANTA MONICA 3 -F: Modification to Santa Monica Historical Society Museum Lease — HISTORICAL recommendation to authorize the City Manager to: negotiate and execute a first SOCIETY MUSEUM modification of Lease Agreement No. 7895 with the Santa Monica Historical Society Museum, to permit alcohol to be served on Museum premises for two fundraising events per calendar year; and to update the Museum's insurance requirements, was approved. PROPOSITION 1B 3 -G: Proposition 1B Transit Security Grant Funds Application — recommendation that the City Council adopt Resolution No. 10786 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER TO SUBMIT A GRANT APPLICATION AND TO EXECUTE AGREEMENTS IN FUTHERANCE OF TRANSIT SECURITY PROJECTS FOR THE BIG BLUE BUS'; and, authorize the City Manager to execute all necessary documents to apply for the grant, if awarded, and accept all grant renewals, if awarded, and authorize budget changes, was approved. REAL -TIME BEACH 3 -I-I: Reject Bids for the Real -Time Beach Parking Project - PARKING recommendation to reject all bids received for the Real -Time Beach Parking Project, and direct staff to reissue a bid in order to obtain the best bidder for the Real -Time Beach Parking Project, was approved. PIER LUMBER 3 -I: Purchase Order Modification and Bid Award for Pier Lumber — recommendation that City Council approve a change order to purchase order 21995- OF with Gemini Forest Products, in the amount of $40,000 for purchase and delivery of lumber to the Santa Monica Pier, resulting in a revised purchase order total not to exceed $80,000 through June 30, 2014; and approve an increase to the bid award to Gemini Forest Products in the amount of $40,000 to the bid award for purchase and delivery of lumber to the Santa Monica Pier from July 1, 2014 through October 23, 2015 for a new three -year amended agreement total amount not to exceed $195,000, was approved. COLD MILLING 3 -J: Bid Award for Purchase of Cold Milling Machine - recommendation MACHINE that the City Council award Bid #4108 to Nixon -Egli Equipment Co. in the amount of $144,484, for the purchase and delivery of one Wirtgen compact 3 November 26, 2013 cold milling machine, was approved. IRRIGATION 3 -K: Amend Purchase Order for One Additional Irrigation Truck— TRUCK recommendation to approve a change order to Purchase Order No. 360797 with Thorson Motor Center, in the amount of $61,047 for the purchase and delivery of one additional compressed natural gas (CNG) special body irrigation truck, resulting in an amended purchase order with a new total amount not to exceed $179,097, and appropriate budget increases, was approved. GREEN BIKE LANES 3 -L: Award Construction Contract for Green Bike Lanes on Main Street and Broadway - recommendation that the City Manager negotiate and execute construction Contract No. 9839 (CCS) with Chrisp Company in an amount not to exceed $523,852 for the installation of Green Bike Lanes on Main Street and Broadway, and authorize any necessary changes, was approved. SUCCESSOR REGULAR MEETING OF THE REDEVELOPMENT SUCESSOR AGENCY MEETING AGENCY CANCELLED 3 -M: Cancelled, no business to consider. ORDINANCES: 7 -A: Second reading and Adoption of Ordinance 2447 (CCS), entitled PURCHASING "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA SYSTEM MONICA AMENDING PORTIONS OF MUNICIPAL CODE CHAPTER 2.24 TO INCREASE THE THRESHOLD DOLLAR LIMITS FOR CONVENIENCE PURCHASE ORDERS, FORMAL BIDDING PROCEDURES, AND PROFESSIONAL SERVICES CONTRACTS APPROVED BY THE CITY MANAGER; ESTABLISH STANDARD BIDDING PROCEDURES FOR PROFESSIONAL SERVICES CONTRACTS; DELEGATE CERTAIN AUTHORITY TO THE PURCHASING AGENT; AND ESTABLISH A STANDARD PROTEST PROCEDURE FOR CERTAIN PURCHASES ", was presented. Motion by Councilmember Davis, seconded by 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, McKeown, Mayor O'Connor NOES: None ABSENT: Councilmember Winterer, Mayor Pro Tern O'Day 501 COLORADO 7 -B: Second reading and adoption of Ordinance No. 2448 (CCS) entitled: AVENUE "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, PALMETTO HOSPITALITY OF SANTA MONICA II, 4 November 26, 2013 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND 501 COLORADO INVESTORS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY" approving the Proposed Development Agreement No. 9840 (CCS) (11DEV -009), 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 McKeown, Holbrook, Davis, Vazquez, Mayor O'Connor NOES: None ABSENT: Councilmember Winterer, Mayor Pro Tern O'Day 1554 5TH STREET 7 -C: Second reading and adoption of Ordinance No. 2449 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, PALMETTO HOSPITALITY OF SANTA MONICA 1, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND 1550 5' STREET LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ", approving the Proposed Development Agreement No. 9841 (CCS) (I IDEV -010), was presented. Motion by Councilmember Holbrook, 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 Vazquez, Davis, Holbrook, McKeown, Mayor O'Connor NOES: None ABSENT: Councilmember Winterer, Mayor Pro Tern O'Day FINANCE 7 -1): Introduction and first reading of an ordinance amending Section DIRECTOR 2.12.260 of the Santa Monica Municipal Code Granting Limited Authority AUTHORITY to the Finance Director to Waive Debts and Taxes Deemed Uncollectable and Make Available as a Matter of Public Record a List of the Largest Tax Delinquencies, was presented. There was no one present for public comment on this item. Motion by Councilmember Vazquez, 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: November 26, 2013 AYES: Councilmembers McKeown, Holbrook, Davis, Vazquez, Mayor O'Connor NOES: None ABSENT: Councilmember Winterer, Mayor Pro Tem O'Day PIER STREET 7 -E: Introduction and first reading of an ordinance amending Chapter PERFORMANCE 6.12 of the Santa Monica Municipal Code clarifying conditions for suspension, denial or revocation of street performance permits, and authorizing staff to promulgate official regulations governing the Pier street performance lottery system in order to prohibit certain disruptive behaviors, including but not limited to, the selling or giving away of performance space awarded by the lottery, was presented. Member of the public Stephen Bradford spoke generally in favor of the recommended action. Member of the public Edward Lundin spoke generally in opposition 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, with revised section 7 -E, getting input from street performers and Mr. Bradford, and direction to the City Manager that the "one and done" regulations not include items like noise violations or leaving one's belongings while leaving the site briefly to go to the restroom. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, McKeown, Mayor O'Connor NOES: None ABSENT: Councilmember Winterer, Mayor Pro Tern O'Day STAFF 8 -A: Pier Bridge Replacement Project Status - recommendation that the ADMINISTRATIVE City Council review and comment on the proposed conceptual alternatives for ITEMS: the Pier Bridge Replacement Project; direct staff to move forward with the PIER BRIDGE NEPA and CEQA environmental review phase of the Project considering the REPLACEMENT proposed conceptual alternative number 1 and alternative number 4; and authorize the City Manager to negotiate and execute a third modification to Professional Services Agreement No. 9642 (CCS), with T. Y. Lin International in the amount of $400,000 to provide additional public outreach, NEPA and CEQA environmental review documentation and preliminary design development, resulting in an amended agreement with a new total amount not to exceed $1,250,000, was presented. Members of the public Jerry Rubin, Judy Abdo, Roger Genser, and Heather Doyle spoke generally in favor of the recommended action. 6 November 26, 2013 Members of the public Christine Rohde, Duncan Moran, Tom Moran, and Martin Mink spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including, but not limited to construction of the bridge location, ADA compliance, and bicycle safety. Motion by Councilmember Davis, seconded by Councilmember Holbrook, to approve the staff recommendation as amended, including alternatives 1 A and 1B as described by staff and consultants, and alternative 4, and provide staff direction to pay attention to view impacts at Moss Avenue bridge and to consider impacts on entire Oceanfront Walk area. Motion to amend by Councilmember McKeown, to provide additional direction to staff to make an exceptional effort to engage businesses, residents and other interested persons and focus on the bicycle experience. The amendment was considered friendly to the maker and the seconder. Motion to amend by Mayor O'Connor, to include staff direction to look seriously at the ADA experience. The amendment was considered friendly to the maker and seconder. The motion was approved by the following vote: AYES: Councilmembers McKeown, Holbrook, Davis, Vazquez, Mayor O'Connor NOES: None ABSENT: Councilmember Winterer, Mayor Pro Tern O'Day FOOD TRUCK 8 -B: Food Truck Venues in the Main Street Commercial District— recommendation that the City Council: review the survey data from the Main Street businesses and food truck patrons; and, direct staff to include in the updated Zoning Ordinance standards to permit off - street food truck venues in the Main Street area, for a period of three years with the potential for permit renewal, was presented. Members of the public Gary Gordon and Tobi Smith spoke generally in favor of the recommended action. Considerable discussion ensued on topics including, but not limited to regulations of food trucks, timeline and method of implementation. Motion by Councilmember Vazquez, seconded by Councilmember Davis, to adopt the staff recommendation with staff direction to include updated zoning ordinance standards to promote the off - street food truck venues in the Main Street area for a period of three years with a potential for permit renewal. 10 November 26, 2013 The motion was approved by the following vote AYES: Councilmembers Vazquez, Davis, Holbrook, McKeown, Mayor O'Connor NOES: None ABSENT: Councilmember Winterer, Mayor Pro Tern O'Day WOODLAWN 8 -C: Commemoration of Santa Monica's War Dead at Woodlawn CEMETERY Cemetery, Mortuary, and Mausoleum (Woodlawn) — recommendation that the City Council review and comment on the proposed design for a commemorative wall at Woodlawn honoring Santa Monica residents who have fought and died in war; and, approve the proposed design, cost and timeline, was presented. Members of the public Jerry Rubin and David Whatley spoke generally in favor of the recommended action. Considerable discussion ensued on topics including, but not limited to of criteria of persons for inclusion in the memorial and contributions to the memorial. Motion by Councilmember Holbrook, seconded by Councilmember Vazquez, with request that the City guarantee funding, including City employees that served and died in time of war, and liberal inclusions of Santa Monicans in criteria. Motion to amend by Councilmember Holbrook, to include the criteria suggested, and to include persons who listed their hometowns as Santa Monica when enlisted. The motion to amend was friendly to the seconder. Motion to amend by Councilmember Davis, to have flexibility to consider persons who gave their life in service, but not in connection with a specifically recognized war or foreign conflict. The motion to amend was friendly to the maker and seconder. The motion was approved by the following vote: AYES: Councilmembers McKeown, Holbrook, Davis, Vazquez, Mayor O'Connor NOES: None ABSENT: Councilmember Winterer, Mayor Pro Tern O'Day 8 November 26, 2013 RESOLUTIONS: 11 -A: Modification to City Policy on Term Limits for City Boards and CITY BOARDS Commissions — recommendation that the City Council adopt Resolution No. TERM LIMITS 10787 (CCS), entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING POLICIES FOR CITY BOARDS, COMMISSIONS AND REGIONAL ADVISORY BOARDS," modifying the City's policy on term limits for City Boards and Commissions, was presented. Member of the public Denise Barton spoke generally in opposition to the recommended action. Motion by Councilmember McKeown, seconded by Councilmember Davis, to adopt the resolution, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, McKeown, Mayor O'Connor NOES: None ABSENT: Councilmember Winterer, Mayor Pro Tern O'Day COUNCILMEMBER 13 -A: Boards and Commissions Annual Appointments (Continued from DISCUSSION ITEMS: 9/10/13) LANDMARKS Board/Commission No. ofAppts. Term Ending COMMISSION Landmarks Commission 1 6/30/2017 There was no one present for public comment. On order of the Mayor, the floor was opened for nominations. Councilmember McKeown nominated John Berley. John Berley was appointed by acclamation, with a unanimous vote in his favor, with Councilmember Winterer and Mayor Pro Tern O'Day absent. COMMISSION ON 13 -13: Recommendation to accept Melissa Dagodag's resignation from the THE STATUS OF Commission on the Status of Women and authorize the City Clerk to WOMEN publish the vacancy, was presented. There was no one present for public comment. Motion by Myor O'Connor, seconded by Councilmember McKeown, to approve the recommendation with regrets. The motion was unanimously approved by voice vote, with Councilmember Winterer and Mayor Pro Tern O'Day absent. 9 November 26, 2013 PUBLIC INPUT: Members of the public Denise Barton and Rose Mary Regalbuto commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 8:49 p.m. ATTEST: APPROVED: Sarah P. Gorman Pam O'Connor City Cleric Mayor 10 November 26, 2013