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m-022814CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 28, 2014 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:31 p.m., on Tuesday, January 28, 2014, 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 Councilmember Kevin McKeown Councilmember Tony Vazquez (arrived at 5:41 p.m.) Councilmember Ted Winterer 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 5:32 p.m., with Councilmember Vazquez absent. Councilmember Holbrook led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment on closed sessions. Councilmember Vazquez On order of the Mayor, the City Council recessed at 5:34 p.m., to consider arrived at 5:41 p.m. closed sessions and returned at 6:33 p.m., with all members present, 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 v. United States of America. Federal Aviation Administration and Michael P. Huerta, in his Official Capacity as Administrator of the FAA, United States District Court Case Number 2:31 -CV 8046 JFW (VBKx) City Attorney Marsha Moutrie reported that the hearing on the motion to dismiss in this airport matter will be February 10, 2014, 1:30 p.m. at the Federal Courthouse in Downtown Los Angeles and will be open to the public. The trial date has been set for November 18, 2014 with a 3 day trial time estimate. January 28, 2014 1 -B: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): Valentini v. Shinseki, United States District Court Case Number CV -11 -04846 SJO (MRWx) City Attorney Marsha Moutrie reported that this matter is a lawsuit relating to use of the VA property for purposes other than serving veterans. The City filed an amicus brief in the trial court, and the case is on appeal in the 9 °i Circuit. Council confirmed that it authorized amicus participation at the appellate level. 1 -C: Conference with Legal Counsel — Anticipated Litigation — Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2) — 2 cases Motion by Councilmember Davis, seconded by Mayor Pro Tern O'Day, to approve Settlement No. 9865 (CCS) in the amount of $66,500 to Gretchen Kubacky in a claim by a former city employee relating to disability and accommodations. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Holbrook, Winterer, McKeown, Mayor Pro Tem O'Day, Mayor O'Connor NOES: None ABSENT: None REPORT ON MEETING Pursuant to State law, City Clerk Sarah Gorman announced respectively COMPENSATION 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: There being a Consent Calendar each for the City Council, the Redevelopment Successor Agency, the Public Financing Authority, and the Parking Authority, the Council convened to a joint meeting with the Redevelopment Successor Agency, Public Financing Authority, and Parking Authority at 6:37 p.m., and the four Consent Calendars were heard concurrently, with all members present. All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public John Jerabek, Denise Barton, Janet Gilbert, Dawn Cotter, Ellen Hannan, and Amanda Gill commented on various Consent Calendar items. 2 January 28, 2014 At the request of Councilmember McKeown, Item 3 -D was removed from the Consent Calendar. Motion by Councilmember Davis, seconded by Councilmember Holbrook, to approve the Consent Calendar except for Item 3 -D, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tem O'Day, Mayor O'Connor NOES: None ABSENT: None AIRPORT FIRE ALARM 3 -A: Contract Modification for the Airport Administration Fire UPGRADE Alarm Upgrade Project — recommendation to authorize the City Manager to negotiate and execute a first modification to construction Contract No. 9795 (CCS) with Golden Phoenix Construction Company, Inc., in the amount of $4,989 to provide additional construction services for the Airport Administration Fire Alarm Upgrade Project, which will result in an amended construction contract with a new total amount not to exceed $187,673, and authorize budget changes, was approved. CONFLICT OF 3 -13: Adopt Resolution No. 10796 (CCS) entitled: " A RESOLUTION INTEREST CODE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER 10656 (CCS) AND AMENDING THE CITY'S CONFLICT OF INTEREST CODE TO REVISE THE DESIGNATED POSITIONS FOR WHICH STATEMENTS OF ECONOMIC INTEREST ARE REQUIRED TO BE FILED," was adopted. METROPOLITAN 3 -C: Accept a Grant from the Foundational Actions Funding WATER DISTRICT Program of the Metropolitan Water District of Southern California — GRANT recommendation to authorize the City Manager to accept Grant No. 9863 (CCS) awarded from the Metropolitan Water District of Southern California, in the amount of $400,000 for a local runoff harvesting and use demonstration project and to accept all grant renewal, and authorize budget changes, was approved. TRAVEL AND 3 -E: Professional Service Agreement for Online Travel and INFORMATION SYSTEM Infformation System Development — recommendation to authorize the City Manager to negotiate and execute Contract No. 9864 (CCS) with Civic Resource Group LLC, in an amount not to exceed $402,500 for the development of an Online Travel and Information System, and approve any necessary changes, was approved. 3 January 28, 2014 3 -F: Approval of minutes of various meetings of the Housing MINUTES Authority, Parking Authority, Redevelopment Successor Agency, and Public Financing Authority in 2013, was approved. The Special Joint Meeting was adjourned. DEVELOPMENT 3 -1): Annual Development Agreement Compliance Review — AGREEMENT REVIEW recommendation that City Council: 1) Review the status of Development Agreement compliance; 2) Determine good faith compliance for those that are in compliance; and, 3) Review the status of Development Review Permit compliance at 2415 -2443 Main Street (Edgemar Property), was presented. Councilmember McKeown advised that he removed Item 3 -D to discuss the development agreements. Discussion ensued on topics including transportation demand management programs, child care facilities, parking, and enforcement of DA conditions. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: None ORDINANCES: 7 -A: Introduction and First Reading of an Ordinance which 168126` STREET approves the proposed Development Agreement 10 -002 for the construction of a mixed -use project consisting of 473 rental housing units, 25 artist work/live units, approximately 374,434 square feet of creative office space, approximately 15,500 square feet of restaurant space, and approximately 13,891 square feet of retail space at 1681 26th Street, was presented. Applicant /Property Owner: Hines 26`h Street LLC Motion by Councilmember O'Connor, to hear staff presentation, applicant, and public testimony this evening, and continue the discussion of the item as a 5 item on the February 11, 2014 Council meeting. The motion was approved by unanimous voice vote, with all members present. Motion by Councilmember O'Connor, seconded by Councilmember Winterer, to reconsider motion to continue discussion of the item. The motion was approved by unanimous voice vote, with all members present. January 28, 2014 Motion by Councilmember O'Connor, to hear the staff report, applicant presentation and the full public hearing tonight, close the public hearing, and take the item up at a continued meeting at 6:30 p.m. on February 4, 2014, knowing the meeting may start later if Councilmember O'Day is later returning from out of town. The motion was approved by unanimous voice vote, with all members present. The applicant provided a presentation in support of the application. Members of the public Josh Kurpies, Betsy Hiteshew, Kevin Pelletier, Jimit Karia, Irene Zivi, Alan Toy, Carl Hansen, Laurel Rosen, Brad Cox, Sue Potter, Matt Lavin, Jenna Linnekins, Bob Kull, Neal Richman, Amy Anderson, Jefferson Shierbeek, Sharla Russell, Jeremy States, Fransisco Sanchez, Bill Dufour, Tom Bost, Michael Morgan, Patti Obblath, Rebecca Morgan, Sindbu Kubendran, David Kersh, Jerry Rubin, Carol Lemlein, Robert Berman, and Bruce Cameron spoke in favor of the staff recommendation. Members of the public John Petz, Patricia Hoffman, Sonya Sulfam, Jennifer Kennedy, Susan Himmelrich, Jeanne Laurie, John Murdock, Dorothy Chapman, Armen Melkonians, Phil Brock, Don Jansenson, Bob Taylor, Ron Goldman, Thane Roberts, John Zinner, Tricia Cane, Beverly Palmer (donated time by Nancy Morse), Diana Gordon (donated time by Doris Sosin), Sherrill Kushner (donated time by Mary Marlow), Lawrence Eubank (donated time by Mary Marlow), Elizabeth Van Denburgh (donated time by Mark Kreher), Oscar de la Tone, Zina Josephs, Jerry Nodiff, Charles R. Donaldson, Leigh Brumberg, Elaine Blaugrund, Lorraine Sanchez, Amy Aukstikalnis, Stacy Dalgleish, Neil Cohen, Fends Gluck, Matt Baird, Taffy Patton, Emily Turner, Ken Robin, Mike Salazar, Lisa Hughes, Dr. Daniel Galamba, Jennifer Polhemus, Denise Batton, Neil Krepela, Kathy Knight, Flack, Francis Engler, Angela DeMott, Donald Murchie, Denny Zane, Jay Johnson, Michael Feinstein, Chirstel Andersen, Brenda Barnes, Laura Wilson, Maryanne La Guardia, Steve Duron, Andrew Boyer, Ellen Brennan, Mitchell Lachman, Gregg Heacock, Suzanne Verge, and Danielle Charney spoke in opposition to the staff recommendation. The applicant provided a rebuttal in support of the application. On order the Mayor, the public hearing was closed and the item continued to Tuesday, February 4, 2014 at 6:30 p.m. COUNCILMEMBER 13 -A: Request of Mayor O'Connor and Mayor Pro Tent O'Day to DISCUSSION ITEMS: consider directing City Manager to include in the upcoming budget LIVING WAGE process information on raising the City -paid "living wage" (a 5 January 28, 2014 "sustainable wage ") to $15.37 per hour, was presented. There was no one present for public comment. Motion by Mayor O'Connor, seconded by Mayor Pro Tern O'Day, to direct the City Manager to return to Council with a plan regarding implementation of raising the City -paid "living wage" (a "sustainable wage ") to $15.37 per hour. The motion was approved by unanimous voice vote, with all members present. PUBLIC INPUT: Members of the public Denise Barton, Christel Andersen, and Jonathan Foster commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:53 a.m., and continued to February 4, 2014, at 6:30 p.m. ATTEST: APPROVED: ILI Sarah P. Gorman I Pam O'Connor City Clerk January 28, 2014