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m-021114Cpl "Y 11!L17�.Yi1►Y Y \�� [17►`ILfL1 CITY COUNCIL MINUTES FEBRUARY 11, 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, February 11, 2014, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Mayor Pro Tem Terry O'Day (arrived at 5:44 p.m.) Councilmember Gleam Davis (arrived at 5:40 p.m.) 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 5:31 p.m., with all members present except Mayor Pro Tem O'Day and Councilmembers Vazquez and Davis. Councilmember Winterer led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment on closed sessions. Councilmember Davis On order of the Mayor, the City Council recessed at 5:34 p.m., to consider arrived at 5:40 p.m. closed sessions and returned at 7:17 p.m., with all members present, to report the following: Councilmember Vazquez 1 -A: Conference with Legal Counsel — Existing Litigation — arrived at 5:41 p.m. Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): City of Santa Monica v. United States of Mayor Pro Tem O'Day America, Federal Aviation Administration and Michael P. Huerta, in arrived at 5:44 p.m. his Official Capacity as Administrator of the FAA, United States District Court Case Number 2:31 -CV 8046 JFW (VBKx) The City Attorney advised this matter was heard and no reportable action was taken. 1 February 11, 2014 1 -B: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54656.9(d)(1): Minin v. City of Santa Monica, Los Angeles Superior Court Case Number SC 116 644 Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve Settlement No. 9876 (CCS), related to a bus accident, in the amount of $187,500. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: None 1 -C: Conference with Legal Counsel — Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2) — 5 cases: 1) Claim of Dunn and Robhana; 2) 1650 and 1660 Lincoln Boulevard (NMS Properties); 3) 423 Ocean Avenue; 4 and 5) 2 cases Motion by Councilmember Davis, seconded by Councilmember Vazquez, to approve Settlement No. 9877 (CCS) in the 423 Ocean Avenue matter, a stand -still agreement arising out of a claim related to a landmarked property owner's application for a certificate of economic hardship. 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 1 -D: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): McKnight v. City of Santa Monica, Los Angeles Superior Court Case Number BC 450336 The City Attorney advised this matter was heard and no reportable action was taken. 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. CONSENT CALENDAR: There being a Consent Calendar each for the City Council and the Redevelopment Successor Agency, on order of the Mayor, and with 2 February 11, 2014 consensus of Councilmembers, the Council convened to a joint meeting with the Redevelopment Successor Agency at 7:20 p.m. and the two Consent Calendars were held concurrently. All items were considered and approved in one motion unless removed by a Councilmember for discussion. ROLL CALL FOR SPECIAL JOINT ME, ETIlNG: PRESENT: Agency /Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Chair Pro Tem/Mayor Pro Tem O'Day, Chair/Mayor O'Connor NOES: None ABSENT: None Members of the public Denise Barton and Marc Abraham commented on various Consent Calendar items. Motion by A eg_ncy /Councilmember McKeown, seconded by Agency /Councilmember Vazquez, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Agency /Councilmembers Vazquez, Davis, Holbrook,Winterer, McKeown, Chair Pro Tem/Mayor Pro Tern O'Day, Chair /Mayor O'Connor NOES: None ABSENT: None MINUTES 3 -A: The minutes of the January 14, 2014, City Council meeting were approved. MEETING 3 -B: Cancellation of a regular Council meeting scheduled for CANCELLATION Tuesday, March 11, 2014, was approved, PRINT SHOP 3 -C: Award a Non - Renewable Lease Agreement for One Xerox Color Copy Machine for the City's Print Shop — recomrendation to award Bid No. 4105 and authorize the City Manager to execute contract service Agreement No. 9869 (CCS) with Xerox Corporation, in the amount of $346,020, for a five -year period for the lease and maintenance of one color copy machine, with future year funding contingent on Council budget approval, was approved. SANTA MONICA 3 -D: Santa Monica Festival Production Services — recommendation to FESTIVAL authorize the City Manager to negotiate and execute a professional services Agreement No. 9870 (CCS) with Community Arts Resources (CARS), in the amount of $100,000 annually to produce the Santa Monica 3 February 11, 2014 Festival in 2014 and 2015 with options in 2016, 2017 and 2018, was approved. HAZARDOUS 3 -E: Purchase of One Hazardous Materials Training Tanker Prop MATERIALS TRAINING System — recommendation to authorize the City Manager to negotiate and execute Contract No. 9871 (CCS) with Fireblast Global, in an amount not to exceed $250,092, for the purchase and delivery of a mobile hazardous material tanker live fire training prop system, was approved. ZONING ORDINANCE 3 -F: Professional Services Agreement with Dyett & Bhatia to UPDATE provide additional work associated with the Zoning Ordinance update — recommendation to authorize the City Manager to negotiate and execute Contract No. 9872 (CCS) with Dyett & Bhatia, in the amount of $20,000, to provide professional services to assist with the completion of the City's Zoning Ordinance update, resulting in a total amount not to exceed $1,753,470, including a previously awarded contract with Dyett & Bhatia for related services, was approved. FURNITURE 3 -G: Professional Services Agreement for Knoll Furniture PROCUREMENT Procurement and Consulting Services — recommendation to authorize the City Manager to negotiate and execute professional services Agreement No. 9873 (CCS) with Western Office Interiors, to provide Knoll furniture procurement and consulting services for three years in an amount not to exceed $620,000, with future year funding contingent on Council budget approval, was approved. BERKELEY STREET 3 -11: Professional Services Agreement Modification for Berkeley TRAFFIC ENGINEERING Street Traffic Engineering Study — recommendation to authorize the City STUDY Manager to negotiate and execute Professional Services Agreement No. 9874 (CCS) with Stantec Consulting Services, Inc., in the amount of $30,000 to provide design services to implement recommendations of the Berkeley Street Traffic Engineering study, resulting in a three year amended agreement with a new total amount not to exceed $90,000, was approved. RECOGNIZED 3 -I: Recognized Obligation Payment Schedule: July 2014 through OBLIGATION PAYMENT December 2014 and Administrative Budgets — recommendation that the SCHEDULE FOR JULY Santa Monica Redevelopment Successor Agency (Agency), adopt 2014 — DECEMBER 2014 Resolution No. 17 (SA) entitled: "A RESOLUTION OF THE SANTA MONICA REDEVELOPMENT SUCCESSOR AGENCY APPROVING AND ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JULY 2014 — DECEMBER 2014 ", and Resolution No. 18 (SA) entitled: "A RESOLUTION OF THE SANTA MONICA REDEVELOPMENT SUCCESSOR AGENCY APPROVING AND ADOPTING THE ADMINISTRATIVE BUDGET FOR THE PERIOD JULY 2014 — DECEMBER 2014, INCLUSIVE ", was adopted. 4 February 11, 2014 ADJOURNMENT OF The special meeting of the Redevelopment Successor Agency was SPECIAL MEETING adjourned at 7:24 p.m., and the regular City Council meeting reconvened, with all members present. ORDINANCES: 7 -A: Second Reading and Adoption of Ordinance No. 2454 (CCS), 168126168126 STREET 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, AND HINES 26' STREET LLC, A DELAWARE LIMITED LIABILITY COMPANY ", was presented. Motion by Councilmember Davis. seconded by Mayor Pro Tem O'Day, 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, Mayor Pro Tern O'Day, Mayor O'Connor NOES: Councilmembers McKeown; Winterer, Vazquez ABSENT: None STAFF On order of the Mayor, the City Council convened to a special joint ADMINISTRATIVE meeting with the Redevelopment Successor Agency and the Housing ITEMS: Authority, with all members present. SPECIAL JOINT MEETING 8 -A: Financial Status Update and FY 2013 -14 Midyear Budget - recommendation that the City Council, Housing Authority, and Successor FINANCIAL STATUS Agency to the Santa Monica Redevelopment Agency: appropriate FY UPDATE 2013 -14 midyear expenditure and revenue budget adjustments and approve corresponding adjustments to the FY 2014 -15 budget plan as detailed in Attachment A to the report; recommends that the City Council: receive the FY 2013 -14 through FY 2017 -18 Financial Status Update; adopt a policy to set aside funds to be used towards payments to Ca1PERS to reduce the City's unfunded retirement liability; adopt Resolution No. 10799 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR ADMINISTRATIVE PROJECT MANAGER, AIRPORT MANAGER, ASSISTANT TO THE CITY MANAGER, CHIEF FINANCIAL OFFICER, CODE ENFORCEMENT MANAGER, CODE ENFORCEMENT OFFICER 1, CODE ENFORCEMENT OFFICER 11, CODE ENFORCEMENT SPECIALIST, CODE ENFORCEMENT SUPERVISOR, COMMUNICATIONS CENTER ADMINISTRATOR, DEPUTY CITY MANAGER, OFFICE MANAGER TO THE CITY MANAGER, PUBLIC SAFETY DISPATCHER, DIRECTOR OF PUBLIC WORKS /AIRPORT DIRECTOR, FORENSICS SERVICES 5 February 11, 2014 ADMINISTRATOR, GRAPHIC DESIGN ASSISTANT, JAIL SERVICES ADMINISTRATOR, LEAD ANIMAL CONTROL OFFICER, LEAD CODE ENFORCEMENT OFFICER, LEAD PUBLIC SERVICES OFFICER, LEAD SOFTWARE SYSTEMS ANALYST- PERMITTING, NETWORK CONSTRUCTION ASSISTANT, PARKING MANAGER, POLICE RECORDS ADMINISTRATOR, POLICE SERVICES ADMINISTRATOR, PUBLIC SERVICES OFFICER, PUBLIC SERVICES OFFICER SUPERVISOR, PUBLIC WORKS CONSTRUCTION SPECIALIST, SOFTWARE SYSTEMS ANALYST — PERMITTING, URBAN FOREST CONTRACT SUPERVISOR, WATER PRODUCTION AND TREATMENT PLANT SUPERVISOR, ZERO WASTE ASSISTANT'; approve the position and classification changes detailed in Attachment C; adopt Resolution No. 10800 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING PORTIONS OF THE CITY'S SCHEDULE OF VARIOUS PERMIT AND USER FEES IN THE PLANNING AND COMMUNITY DEVELOPMENT, PUBLIC WORKS, POLICE, FIRE, BIG BLUE BUS, FINANCE, COMMUNITY AND CULTURAL SERVICES, AND LIBRARY DEPARTMENTS" of the City of Santa Monica setting various rates and fees in Attachment D; authorize the City Manager to accept a grant award in the amount of $469,971 from the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the Federal Transportation Administration (FTA) New Freedom Funds for Door Through Door services for older adults and persons with disabilities, and to accept all grant renewals; authorize the City Manager to negotiate and execute grant Agreement No. 9875 (CCS) with WISE & Healthy Aging, a California -based not - for -profit corporation, in an amount not to exceed $30,132 for the provision of New Freedom - funded attendant services for the Door Through Door program with future year funding contingent on Council budget approval; and receive public comment on Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Program funds, was presented. Member of the public Jerry Rubin spoke generally in favor of the recommended action. Member of the public Denise Barton spoke generally in opposition to the recommended action. Motion by Aeencv /Councilmember Winterer. seconded by Chair Pro Tem/Mayor Pro Tern O'Day, to move the staff recommendation, reading resolutions by title only and waiving further reading thereof, with additional direction to include the $15.50 living hourly wage in requests for interest. 6 February 11, 2014 Motion to amend by Agency /Councilmember McKeown, to leave the unfilled position in the City Clerk's office as is, and add the half position as needed to the City Manager's office. The motion was friendly to the maker and the seconder. The motion was approved by the following vote: AYES: Agency /Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Chair Pro Tem/Mayor Pro Tem O'Day, Chair /Mayor O'Connor NOES: None ABSENT: None ADJOURNMENT OF On order of the Chair /Mayor, the special joint meeting with the City SPECIAL JOINT Council, Redevelopment Successor Agency, and the Housing Authority MEETING was adjourned at 8:13 p.m., and the regular City Council meeting was reconvened, with all members present. SAFE ROUTES TO 8 -B: Review and Approve the Conceptual Design of the Samohi Safe SCHOOL Routes to School Project — recommendation that the City Council: approve the conceptual design for the Samohi Safe Routes to School project; and, direct staff to complete construction drawings and release bids for construction for the Michigan Avenue /7tt' Street portion of the project, was presented. Members of the public Keith Hill, Jack Graham, Olive Sherman, Michael Lappen, Claire Goldberg, Marcos Santana, Angel Villasenor, Marcus Tappen, Esteban Ramos, Jean Armbruster, Jerry Rubin, Kevin Person, Addie Lloyd, Anya Sturm, Grace Phillips, Cris Gutierrez, Bryan Beretta, Cynthia Rose, Alison Kendall and Muhammad Yusuf Tosf, spoke generally in favor of the recommended action. Members of the public Karen Melick (donated time by Clare Thomas) and Phil Brock spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including, but not limited to location of bike lanes, potential sites for bike racks, traffic, and traffic light synchronization. Motion by Councilmember McKeown, seconded by Mayor Pro Tem O,Dav, to adopt the staff recommendation with updated attachments as presented by staff. The motion was approved by the following vote: 7 February 11, 2014 AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: None NEIGHBORHOOD 8 -C: Adoption of Michigan Avenue Neighborhood Greenway GREENWAY CONCEPT Concept Plan — recommendation that the City Council: approve the PLAN conceptual design of the Michigan Avenue Neighborhood Greenway; and, direct staff to pursue opportunities for priority and phased implementation through grants, community benefits, and capital projects, was presented. Mayor Pro Tern O'Day stated that he was recusing himself because he Mayor Pro Tem O'Day was resides within 500 feet of the project area. He then left the Council excused at 9:33 p.m. Chambers for the evening. Members of the public Gloria Garvin (donated time by Paul Bailey), Oscar de la Torre (donated time by Maria Loya), Cris McLeod, Jeremy States, Ellen Sevy, Diane Rome, and Christel Andersen spoke generally in favor of the recommended action without traffic diverters. Eric Weinstein, Brian Derro, Jossimar Fuentes, Cris Gutierrez, Gary Goren, Cynthia Rose (donated time by Bryan Beretta), Alison Kendall, Michael Brodsky, Eileen Schaubert, Eileen Schaubert, Kent Stumpell (donated time by Scott Sing), Barbara Filet, Michael Feinstein, and Phil Brock spoke generally in favor of the recommended action. Members of the public Fernanda Gray, Elliot Goldberg, Delores Sloan, David Gonzolas, Art Casillas, and Andrew Hoyer spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including, but not limited to daily car trip targets, use of easements by Michigan Avenue, public process and outreach, Motion by Councilmember Davis, seconded by Councilmember Winterer, to adopt the staff report but leaving diverters in the toolbox but not to be installed unless expressly decided by the City Council, and to amend the staff report to include a more long range target of 1500 daily trips. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor O'Connor NOES: None ABSENT: Mayor Pro Tern O'Day 8 February 11, 2014 COUNCILMEMBER 13 -A: Request of Councilmember Winterer that the Council direct DISCUSSION ITEMS: staff to advocate that the California Public Utilities Commission AB 327 implement a 30 year transition period for changes to net metering contracts for existing solar electric facilities, as prescribed by AB 327, was presented. Christel Andersen spoke generally in support of the proposed action. Motion by Councilmember Winterer, seconded by Mayor O'Connor, to approve the request. The motion was approved by unanimous voice vote, with all members present except Mayor Pro Tern O'Day. ELLIS ACT 13 -B: Request of Councilmember McKeown that the Council authorize staff and our Sacramento lobbyist to urge that Santa Monica be able to opt -in to potential Ellis Act reform, was presented. Christel Andersen spoke generally in support of the proposed action. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve request. The motion was approved by unanimous voice vote, with all members present except Mayor Pro Tent O'Day. PUBLIC INPUT: Members of the public Michael Toney, Denise Barton, Art Casillas, and Christel Andersen commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 11:25pm, with Mayor Pro Teat O'Day absent. ATTEST: 5_1V &L � Sarah P. Gorman City Clerk :' 10 Pam O'Connor Mayor 9 February 11, 2014