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m-042214CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 22, 2014 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tern O'Day at 5:35 p.m., on Tuesday, April 22, 2014, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor (arrived at 5:55 p.m.) Mayor Pro Tern Terry O'Day Councilmember Gleam Davis Councilmember Kevin McKeown Councilmember Tony Vazquez (arrived at 5:45 p.m.) Councilmember Ted Winterer Absent: Councilmember Robert T. Holbrook 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 5:35p.m., with Councilmember Holbrook absent. Councilmember McKeown led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Member of the public Denise Barton commented on closed sessions. Councilmember Vazquez On order of the Mayor, the City Council recessed at 5:39 p.m., to consider arrived at 5:45 p.m. closed sessions and returned at 6:38 p.m., with Councilmember Holbrook absent, to report the following: Mayor O'Connor arrived at 5:55 p. m. 1 -A: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Avila v. City of Santa Monica, et al., United States District Court Case Number 13 -CV -03570 The City Attorney advised this matter relates to an excessive force civil rights action relating to an arrest. The City Attorney recommended settlement in the amount of $117,500. Motion by Councilmember .Davis, seconded by -Mayor -Pro Tern O'-Day, to approve Settlement No. 9895 (CCS), as recommended by the City Attorney. April 22, 2014 The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Davis, Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Holbrook 1 -B: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Casey v. City of Santa Monica, et Los Angeles Superior Court Case Number SC 121 677 The City Attorney advised this matter relates to a personnel matter. The City Attorney recommended settlement in the amount of $75,000, with a Mayor O'Connor was $44,000 cash payment and the balance as ongoing salary payments. excused from Council chambers at 6:40 p.m. Mayor O'Connor advised that she was recusing herself from this matter due to a personal acquaintance with the litigant and left the Council chambers for the duration of consideration of the item. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve Settlement No. 9896 (CCS), as recommended by the City Attorney. The motion was approved by the following vote: The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Winterer, McKeown, Mayor Pro Tern O'Day NOES: None Mayor O'Connor returned to ABSENT: Councilmember Holbrook, Mayor O'Connor Council Chambers at 6:41p.m. 1 -C: 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, et al., United States Court of Appeals for the Ninth District Case Number 14 -55583 The City Attorney advised this matter was heard and no reportable action was taken. 1 -D: Conference with Legal Counsel — Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54456.9 (d)(2) — 1 case - The City Attorney advised this matter was heard and no reportable action was taken. April 22, 2014 1 -E: Conference with Re Property: City Negotiator: Under Negotiation: Owner of Record: al Property Negotiator 1337/1345 7th St. Andy Agle, Dir., Housing & Economic Development Price & Terms 1337 70' Street LLC The City Attorney advised this matter was heard and no reportable action was taken. SPECIAL AGENDA 2 -A: Announcement and recognition of the Most Loved Santa ITEMS: Monica campaign's business winners of 2014, was presented by Mayor MOST LOVED SANTA O'Connor to award winners. MONICA CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Member of the public Denise Barton commented on various Consent Calendar items. On order of the Mayor, Item 3 -F was removed from the Consent Calendar to be heard as a separate item. At the request of Councilmember McKeown, Item 3 -E was removed from the Consent Calendar. Motion by Councilmember Davis seconded by MMor Pro Tern O'Day to approve the Consent Calendar except for Item 3 -E and 3 -F, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Davis, Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Holbrook MINUTES 3 -A: Approval of minutes of March 25, 2014, City Council meeting, was approved. PARKING OPERATIONS 3-B. Modification to Parking Operations Contract with Central Parking System — recommendation to authorize the City Manager to negotiate and execute a fifth modification to Contract No. 9050 (CCS) with Central Parking System, in the amount of $490,000 per month for operation and maintenance of the City's off - street parking facilities, resulting in a 5- year, 6 month amended contract with a new total amount not to exceed $30,842,296, was approved. April 22, 2014 ASSEMBLY BILL 1720 3 -C: Support of Assembly Bill 1720 Bus Axle Weights - recommendation that the City Council support Assembly Bill 1720 (Bloom) which would extend the existing exemption on transit bus axle weight limits until January 1, 2016, was approved. AIRPORT 3 -D: Award Construction Contract for Airport Administration ADMINISTRATION Elevator Modernization Project — recommendation to authorize the City PROJECT Manager to negotiate and execute Contract No. 9893 (CCS) with Fast - Track Construction Corporation, in an amount not to exceed $406,780 for the Airport Administration Elevator Modernization Project, and authorize any necessary changes within budget authority, was approved. MEDICAL MARIJUANA 3 -E: Support for Senate Bill 1262 — recommendation that Council support Senate Bill 1262 which provides regulation of medical cannabis in a manner that protects local control, addresses important Public safety concerns, and enhances health and safety standards, was introduced. Councilmember McKeown advised that he removed this item because of issues relating to future regulation of marijuana. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to not support the bill. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Davis, Vazquez NOES: Mayor Pro Tern O'Day, Mayor O'Connor ABSENT: Councilmember Holbrook PARKING METERS 3 -F: Purchase and Install Additional Parldng Meters — recommendation to authorize the City Manager to negotiate and execute a second modification to Contract No. 9496 (CCS) with IPS Group, Inc. in the amount not to exceed $323,000 for the purchase and installation of 350 additional parking meters with ground sensors in various locations throughout the City, and in the amount not to exceed $93,800 annually for on -going operating costs to the current contract. This will result in a five - year amended contract with a new total amount not to exceed $10,296,950 for installation, maintenance, and operations of parking meters with future funding contingent on Council approval, was present. At staff's request, this item was heard separately from the Consent calendar. Members of the public Amy Aukstilkanis, Stephen Youngerman, Tricia Crane, Andrew Hoyer, Ellen Hannan, Taffy Patton, Brenda Barnes, Zina Josephs, Manju Raman, Catherine Eldridge, and Oscar de In Torre spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including the process for parking meter installation and placing of meters in particular locations. 4 April 22, 2014 Motion by Mayor Pro Tem O'Day, seconded by Councilmember Davis, to approve the staff recommendation. Motion to amend by Councilmember Davis, to prior to installing any parking meters directly in front of purely residential buildings, staff will return to Council to receive direction on that topic. The motion was friendly to the maker. Motion to amend by Councilmember Davis, to use an expanded area notification when reaching out within the neighborhood. The motion was friendly to the maker. Motion by Councilmember Winterer, for a staff information item within an appropriate period to Council discussing the professional observations and comments received regarding newly installed parking meters. The motion was considered friendly to the maker and seconder. Motion by Councilmember McKeown, for the staff information item to include information regarding use of the new meter technology to assess what revenue is being generated relating to possibly generating directed revenue streams. The motion was considered friendly to the maker and seconder. The motion as amended was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Winterer, McKeown, Mayor Pro Tem O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Holbrook Staff was directed to report to Council with information about preferential parking enforcement costs, revenue generated, and the difference between enforcement cost and revenue generated. ORDINANCES: 7 -A: Introduction and first reading of an ordinance approving the 315 COLORADO AVENUE proposed Development Agreement 13DEV -010 to allow Construction of a Multi - screen Movie Theater Complex on the 3rd level of Santa Monica Place at 315 Colorado Avenue; and Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for the project in accordance with CEQA, was presented. The applicant provided a presentation in support of the application. Members of the public Jerry Rubin, Albin Gielicz, Jenna Linnekens, Laurel Rosen, John Bohn, Kimberly Baker, Jonathan Wolf, Kathleen Rawson, Ken Cluskey, Andrew Hoyer, Linda Lawson, John Butchko, Michael Torey, Jeremy States, and Oscar de la Torre spoke generally in favor of the recommended action. 5 April 22, 2014 Member of the public Denise Barton spoke generally in opposition to the recommended action. Motion by Councilmember McKeown, seconded by Councilmember Davis, to call for a motion to adopt the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for the project in accordance with CEQA. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Davis, Vazquez Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Holbrook Discussion ensued on topics including local hiring. Motion by Councilmember McKeown, seconded by Councilmember Vaz uez, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof approving the proposed Development Agreement 13DEV -010 to allow construction of a multi - screen movie theater complex on the 3`d level of Santa Monica Place at 315 Colorado Avenue as amended with additional language provided by the City Attorney. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Winterer, McKeown, Mayor Pro Tem O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Holbrook LUCE 7 -B: Second reading and adoption of interim Ordinance No. 2455 (CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING INTERIM ORDINANCE NUMBER 2439 (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 April 22, 2014 DINING, PROVIDED AN INTERIM USE PERMIT APPROVAL PROCESS FOR THE BERGAMOT PLANNING AREA AND CLARIFIED THAT THE BERGAMOT AREA PLAN DEVELOPMENT STANDARDS FOR TIER I PROJECTS AND AUTHORIZED USES SUPERSEDE THE REQUIREMENT OF THE ZONING ORDINANCE TO THE EXTENT OF ANY INCONSISTENCY," was presented. Motion by Councilmember Winterer, seconded by Councilmember Vazquez, 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, Winterer, McKeown, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT. Councilmember Holbrook STAFF ADMIN ITEMS: 8 -A: Exclusive Negotiations for Cinema Development at 1320 Fourth 1320 FOURTH STREET Street — recommendation that City Council authorize the City Manager to negotiate and execute. Exclusive Negotiating Agreement (ENA) No. 9894 (CCSj with the team of ArcLight Cinemas and Macerieh to develop and operate a multiplex cinema at 1320 Fourth Street, was presented. Members of the public Kathleen Rawson and Jerry Rubin spoke generally in favor of the recommended action. Discussion ensued on topics including, but not limited to movie theaters in the jurisdiction. Motion by Councilmember McKeown, seconded by Councilmember Davis, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Davis, Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Holbrook BUFFER PARK 8 -13: Buffer Park Design Development — recommendation that the City Council review and comment on the proposed design plans for the Buffer Park; and approve the proposed design and direct staff to move forward witheonstruction documents, was presented. Members of the public Oscar de la Torre and Andrew Hoyer spoke generally in favor of the recommended action. Considerable discussion ensued on topics including, but not limited to the design of the park, community input into the design, and the maintenance yard. April 22, 2014 Motion by Councilmember McKeown, to approve the staff recommendation. Councilmember Vazquez seconded the motion, with an amendment to add grills to the park. The motion was accepted as friendly by the maker. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Winterer, McKeown, Mayor Pro Tern O'Day, Mayor O'Connor NOES` None ABSENT: Councilmember Holbrook REFERENDUM 8 -C: Certification of Qualification of Referendum Petition and PETITION Direction to City Staff — recommendation that the City Council receive and file the Certification of Qualification for a petition entitled "Referendum Against an Ordinance Passed by the City Council ", referencing Ordinance No. 2454 (CCS), and direct City Staff to prepare the necessary documents for City Council action at a future City Council meeting, was presented. Members of the public, Ellen Hannan, Brenda Barnes, Michael Feinstein (donated time by Manju Raman) and Michael Toney spoke generally in favor of the recommended action. Members of the public Jerry Rubin spoke generally in opposition to the recommended action. Discussion ensued on topics including, but not limited to the percentage of qualified signatures and the persons who participated in the referendum effort. Motion by Councilmember Winterer, seconded by Councilmember Vazquez, to adopt the staff recommendation. Motion to amend by Councilmember Winterer, to direct staff to return at the May 13, 2014 Council meeting. The motion was friendly to the seconder. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Davis, Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Holbrook PUBLIC HEARINGS: 9 -A: Public Hearing and Approval of the Proposed FY 2014 -15 One - GRANT FUNDS Year Action Plan Allocating Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Act Program April 22, 2014 (HOME) Entitlement Grant Funds; and, authorize the City Manager to submit all documents required, was presented. Members of the public Denise Barton and Catherine Eldridge spoke generally in opposition to the recommended action. Motion by Councilmember Winterer, 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 Tern O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Holbrook COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Housing DISCUSSION ITEMS: Commission for a term ending on June 30, 2017, was continued to a HOUSING COMMISSION future meeting. COMMISSION FOR THE 13-B: Recommendation to accept RochelleLeBlanc's resignation. from SENIOR COMMUNITY the Commission for the Senior Community, was presented. Motion by Councilmember Winterer, seconded by Mayor O'Connor, to accept the resignation with regrets. The motion was approved by unanimous voice vote, with all members present except Councilmember Holbrook. PUBLIC INPUT: Members of the public Paul Dale, Michael Toney, Johnathan Foster, Oscar de la Torre, and Mike Harriel commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:57 p.m. F.110=19 Sarah P. Gorman City Clerk APPROVED: Pam O'Connor Mayor April 22, 2014