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m-051314CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 135 2014 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:34 p.m., on Tuesday, May 13, 2014, at City Council Chambers, 1685 Main Street, Roll Call: Present: Mayor Pam O'Connor Mayor Pro Tem Terry O'Day (arrived at 5:40 p.m.) Councilmember Gleam Davis Councilmember Robert T. Holbrook (arrived at 5:37 pan.) Councilmember Kevin McKeown Councilmember Tony Vazquez Councilmember Ted Winterer Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutr4e City Clerk Sarah P. Gorman CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5 :34 p.m., with all members present, except Mayor Pro Tem O'Day and Councilmember Holbrook. Councilmember Vazquez led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Member of the public Denise Barton commented on closed sessions. Mayor Pro Tem O'Day On order of the Mayor, the City Council recessed at 5:38 pan., to consider arrived at5 :40p.m. closed sessions and returned at 6:44 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 $4956.9 (d)(1): Kaur v. City of Santa Monica, Los Angeles Superior Court Case Number BC542 484 The City Attorney advised this matter is a bus accident claim arising from exiting a bus, The City Attorney recommended settlement in the amount of $24,000. Motion by Councilmember McKeown, seconded by Councilmember Winterer to approve Settlement No. 9906 (CCS), as recommended by the City Attorney. The motion was approved by the following vote: May 13, 2014 AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tem O'Day, Mayor O'Connor NOES: None ABSENT: None 1 -13: 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. I -C: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): Santa Monica Coalition for a Livable City et al. v. City of Santa Monica et al., Los Angeles Superior Court Case Number BS147678 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 54956.9 (d)(2): I case — 402 Colorado The City Attorney advised this matter was heard and no reportable action was taken. 1 -E: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): Redden v. City of Santa Monica, Los Angeles Superior Court Case Number BC 545191 The City Attorney advised this matter was heard and no reportable action was taken. SPECIAL AGENDA 2 -A: Proclamation declaring May 18 -24, 2014 as National Public ITEMS: 'Works Week in Santa Monica was presented by Mayor O'Connor to PROCLAMATIONS Public Works Department Head Martin Pastucha. 2 -B: Recognition of Graduates of the People's Academy was presented by Mayor O'Connor to the Academy graduates. 2 May 13, 2014 2 -C: Proclamation declaring May 2014 as Mental health Awareness Month in Santa Monica was presented by Mayor O'Connor to Disabilities Commissioners Nanci Linke -Ellis and Denise Neal. 2 -1): Proclamation declaring May 2014 as Older Americans Month in Santa Monica was presented by Mayor O'Connor to Commission for the Senior Community Commissioner Simone Gordon, 2 -E: Proclamation declaring May 2014 as historic Preservation Month in Santa Monica was presented by Mayor O'Connor to Landmarks Commissioners Ruth Shari and Barbara Kaplan and Santa Monica Conservancy Board members Carol Lemlein and Margaret Bach. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Joy Fullmer, Paul Marcus, and Jim Cahlin commented on various Consent Calendar items. Motion by Councilmember Winterer, seconded by Councilmember Davis, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: APES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: None PARKING ITEM On Order of the Mayor, Item 1 I -B was continued to a later meeting, CONTINUED TO FUTURE, MEETING MINUTES 3 -A: Approval of minutes of April 22, 2014 City Council meeting, was approved. BUS LINES YARD 3 -B: Case Closure of Environmental Clean -Up Activities at the Municipal Bus Lines Yard — recommendation to authorize the City Manager to negotiate and execute a Covenant No. 9898 (CCS) and. Environmental Restriction on Property with the California Regional Water Quality Control Board, Los Angeles Region in order to close the low - threat underground storage tank case located at the Municipal Bus Line (BBB) yard, was approved. RENEWABLE 3 -C: Second Modification to Commerce Energy Agreement for the ELECTRICITY Purchase of Renewable Electricity — recommendation to authorize the City Manager to negotiate and execute a second modification to May 13, 2014 Professional Services Agreement #9292 with Commerce Energy to provide renewable electricity for City electrical accounts from June 1, 2014 through May 31, 2015 at a rate not to exceed $0. -0846 per kilowatt hour, resulting in a two and one half year amended contract term, was approved, PARKINGSTRUCTURE 3 -1): Pinking Structure No. 6 Ground -Floor Lease Agreements — NO. 6 recommendation to authorize the City Manager to negotiate and execute five- -year lease Agreement Nos: 9899 (CCS), 9900 (CCS), and 9901 (CCS) with two (2) five -year options for the leasing of ground -floor retail space at Parking Structure 6 (PS 6) located at 1431 Second Street, was approved, MARINE PARK 3 -E: Professional Services for the Marine Park Irrigation Retrofit Project — recommendation to authorize the City Manager to negotiate and execute a sole source professional services Agreement No. 9902 (CCS) with Carollo Engineers, in an amount not to exceed $272,360 to provide engineering design services, develop construction documents and provide engineering support during the construction phase of the Marine Park Irrigation Retrofit Project, was approved. REFUSE PACKER UNIT 3 -F: Purchase of One Additional CNG Side Loader Refuse Packer Unit — recommendation to approve a change order to Purchase Order 360383 -OP with Boerner Truck Center, in the amount of $288,717 for the purchase and delivery of one additional compressed natural gas (CNG) side loader refuse packer unit, resulting in an amended purchase order with a new total amount not to exceed $1,115,605, was approved. WOODLAWN 3 -G: Construction of the Woodlawn Cemetery Memorial Project — CEMETERY recommendation to appropriate Council contingency funds in the amount of $23,050 for the construction of the Woodlawn Memorial Wall Project, was approved. REVENUE BONDS 3 -H: Redemption of Wastewater Enterprise Refunding Revenue Bonds Series 2005A — recommendation that the City Council authorize staff to redeem all outstanding Wastewater Enterprise Refunding Revenue Bonds (2005 Series A), was approved. LAW ENFORCEMENT 34: Supplemental Law Enforcement Services — recommendation to authorize the City Manager to negotiate and execute Contract No. 9903 (CCS) with the County of Los Angeles Sheriff's Department, in an amount not tin exceed $260,000 for supplemental law enforcement services for special events occurring in the City of Santa Monica with fixture year funding contingent on Council budget approval, and appropriate budget increases, was approved. SANTA MONICA POLICE 3 -J: Transportation of Santa Monica Police Department Prisoners — DEPARTMENT recommendation to authorize the City Manager to negotiate and execute May 13, 2014 contract service Agreement No. 9904 (CCS) with the Los Angeles County Sheriffs Department, in an amount not to exceed $99,183 for prisoner _ transportation services from Santa Monica to the Los Angeles Superior Court at Los Angeles Airport, with four additional one -year renewal options, for a total amount not to exceed $548,049, was approved, 223 ]BROADWAY 3 -K: Sublease of Retail Space at 223 Broadway — recommendation to authorize the City Manager to negotiate and execute sublease Agreement No, .9.905 (CCS) with Gelatoro, LLC, or an alternate subtenant, for the retail space at 223 Broadway that would extend through June 30, 2017, was approved. ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2456 (CCS) 315 COLORADO AVENM (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, AND MACERICH SMP LP, A DELAWARE LIMITED PARTNERSHIP", was presented. Motion by Councilmember Davis 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 McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tom O'Day, Mayor O'Connor NOES: None ABSENT: None LIVING WAGE 7 -B: Introduction for First Reading of an ordinance amending Santa Monica Municipal Code Chapter 4.65 to increase the City's Living Wage for direct employees and City contractors to $15.37 per hour effective duly 1, 2014, was presented. Members of the public Jerry Rubin spoke in favor of the recommended action. .Motion by Councilmember Winterer, seconded by Councilmember McKeown, 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: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tom O'Day, Mayor O'Cormor NOES: None ABSENT: None BUSINESS 7 -C: Introduction and First Reading of an Ordinance amending May 13, 2014 REGULATIONS AND Article VI and Chapter 4.32 of the Santa Monica Municipal Code POLICE PERMITS Reducing Various Business Regulations and Police Permits, was presented. There. were. no. members. of the. public. present for public. comment. Motion by Councilmember Winterer, seconded by Councilmember Davis, 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: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tem O'Day, Mayor O'Connor NOES: None ABSENT:. None STAN' 8 -A: Hines Development Agreement — Decision on Referendum — ADMINISTRATIVE recommendation to hold a public hearing to reconsider and determine ITEMS: whether to repeal Ordinance No. 2454 (the Hines Development Agreement) HINESD.EVELOPMENT or to submit the question of repealing the ordinance to the voters; if AGREEMENT Council sends the question to the voters, recommendation to place the measure on the ballot of the November general election and that Council direct staff to prepare the necessary resolutions, was presented. Members of the public Diana Gordon (donated time by Nancy Morse), Armen Melkonians, Denise Barton, Mary Marlow (donated time by Ken Robin) Tricia Crane, John Petz, Dolores Sloan, David Garden, Laura Wilson, Dotty Cramer (donated time by Liv Estrop), Maryanne LaGuardia, Louise Stenier Christel Andersen, Sara Meric, Oscar de In Torre (donated time by Maria Loya), Frances Christopher, Andrew Hoyer, Ellen Brennan, Karen Comegys, Jim Farrell, Michael Feinstein (donated time by Manju Raman), Todd Flora, Paul Rosenstein, Ellen Hannan, Jennifer Kennedy, Daniel Westcott, and Bruce Cameron spoke generally in favor of repealing the ordinance. Member of the public Jerry Rubin spoke generally in favor of submitting the question of repealing the ordinance to the voters. Considerable discussion ensued on topics including, but not limited to affordable housing, referendum process, inclusion under the LUCE, and transit oriented development. Motion by Councilmember Winterer, seconded by Councilmember McKeown to repeal Ordinance No. 2454 (the Hines Development Agreement), May 13, 2014 Motion to amend by Councilmember McKeown, to clarify that this is a full and unconditional repeal. The motion was friendly to the maker. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Winterer, McKeown NOES: Mayor Pro Tem O'Day ABSTAIN: Councilmember Holbrook, Mayor O'Connor ABSENT: None RESOLUTIONS: 11 -A: Public hearing to Adopt Revised Solid Waste Rates — SOLID WASTE RATES recommendation to hold a public hearing, receive public comment pursuant to Proposition 218 requirements, and to adopt Resolution No. 10806 -- - - - - - -- -- -- (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FOR REVISING SOLID WASTE RATES ",, was presented, Member of the public Andrew Hoyer spoke in support of the recommended action. Members of the public Denise Barton and Christel Andersen spoke in opposition to the recommended action. Motion by Councilmember McKeown, seconded by Councilmember Vazquez, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councihnembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: None PREFERENTIAL 11 -13: Amendment of Preferential Parking Zone MM — PARKING recommendation to amend the regulations to "2 hour parking between 9 a.m. and 6 p.m. daily and No Parking between 6 p.m. and 9 a.m, daily" for Preferential Parking Zone MM for the following blocks: Bay, Grant, Pacific and Pearl Streets between Lincoln Boulevard and l e Street; and to adopt Resolution No. (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING PREFERENTIAL PARKING ZONE MM AND AMENDING RESOLUTION 9344 "PREFERENTIAL PARKING .ZONES" CCS BY REPLACING EXHIBIT A ", was presented. On order of the Mayor, this item was continued to a future meeting. COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Housing May 13, 2014 Commission for a term ending on June 30, 2017, was presented. No members of the public were present to speak. On order of the Mayor, the floor was opened for nominations. Mayor O'Connor nominated Carter C. Rubin. Councilrnember McKeown nominated Michael Soloff. Carter C. Rubin was appointed by the following vote: Rubin: Councilmembers Holbrook, Davis, Mayor Pro Tem O'Day, Councilmember O'Connor Soloff: Councilmembers McKeown, Winterer, Vazquez SANTA MONICA PUBLIC 13 -B: Request of Councilmembers Davis and Winterer that the POLICY INSTITUTE Council allocate $5,000 to the Santa Monica Public Policy FOUNDATION Institute Foundation, a 501(3)c, to underwrite the cost of the PPI's 3rd Annual Spring Symposium "Arts and Citizenship: Effecting Public Policy. through Personal Narrative" and allocate up to $3500 to the Santa Monica - Malibu Education Foundation to defray the costs of providing bus service to K -12 students to the event, was presented. Councilmember McKeown stated for the record that the Santa Monica Malibu Education Foundation is entirely separate from the school district, and Councilmembers Davis and Winterer concurrent. Thus, Mr. McKeown stated that he was not required to recuse himself from this vote due to a financial conflict of interest. There were no members of the public present for public comment. Motion by Councilmember Winterer, seconded by Mayor O'Connor to adopt the requested action, The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis,. Holbrook, Winterer, McKeown, Mayor Pro Tom O'Day, Mayor O'Connor NOES: None ABSENT: None CHARGING STATIONS 13 -C: Request of Councilmember McKeown that the Council support AB 2565 (Muratsuchi), which would allow renters to place electric vehicle charging stations in rented parking spaces, and authorize City staff to convey our support to our City lobbyist, state legislators, and May 13, 2014 the Governor, was presented. There were no members of the public present for public comment. Councilmember O'Day stated that he will abstain from the vote to avoid an appearance of impropriety, although he is not required to recuse himself from the vote, Motion by Councilmember McKeown, seconded by Councilmember Davis to adopt the requested action. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor O'Connor NOES: None ABSTAIN: Mayor Pro Tom O'Day ABSENT: None ARTS COMMISSION 13 -1): Recommendation to accept Edward Edwards' resignation from the Arts Commission, was presented. There were no members of the public present for public comment. Motion by Mayor O'Connor; seconded by Mayor Pro Tem O'Dav,, to accept the resignation with regrets. The motion was approved by -a unanimous voice vote with all members present. RECREATION AND 13 -E: Recommendation to accept Nishith Bhatt's resignation from the PARKS COMMISSION Recreation and Parks Commission, was presented, There were no members of the public present for public comment. Motion by Mayor O'Connor, seconded by Councilmember Holbrook to accept the resignation with regrets. The motion was approved by a unanimous voice vote with all members present. DIA DE LOS MUERTOS 13 -k': Request of Councilmember Vazquez that the Council allocate CELEBRATION $15,000 in Council contingency funds to support the City's Din de los Muertos celebration this year. The amount requested would support the City's efforts for coordinated marketing and outreach for the many other community .based celebrations of this .important cultural tradition of residents of the Pico Neighborhood. And would fund the City's event at Woodlawn Cemetery, which includes musicians and workshops for all ages. The event was funded last year out of Council contingency funds as well, was presented. May 13, 2014 There were no members of the public present for public comment. Motion by Councilmember Vazquez, seconded by Mayor O'Connor, to adopt the .requested action. The motion was .approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tem O'Day, Mayor O'Connor NOES: None ABSENT: None SANTA MONICA 13 -G: Request of Mayor O'Connor, Councilmembers O'Day and AIRPORT LAND McKeown to direct staff to draft a proposed amendment to the City Charter concerning the future use of the Santa Monica Airport land that would require voter approval for any significant change in the use of the land but which would protect the City Council's discretion to manage the Airport, including Council's authority to limit or terminate particular land uses and leases in order to protect community health and welfare and the environment, and which would contain language to ensure that all provisions of the measure would become effective if adopted by the voters in the November election, was presented. Members of the public Denise Barton and Bill Worden spoke in opposition to the recommended action. Motion by Councilmember McKeown, seconded by Mayor O'Connor, to adopt the requested action. The motion was approved by a unanimous voice vote with all members present. PUBLIC INPUT: Members of the public Babak Naderi, David Garden, Johnathan Foster and John Jerabek commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 9.36 p.m. F.3111-0 WW Sarah P. Gorman City Clerk T O' r 10 May 13, 2014