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M-032409CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 24, 2009 A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:52 p.m., on Tuesday, March 24, 2009, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Ken Genser Mayor Pro Tem Pam O'Connor Councilmember Richard Bloom Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Bobby Shriver (arrived at 6:55 p.m.) Councilmember Kevin McKeown Also Present: Assistant City Manager Jennifer Phillips City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:52 p.m., with Councilmember Shriver absent. Assistant City Manager Jennifer Phillips led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Joey Fullmer, Pro Se, M. Ross, Stanley Epstein and Louisa Fish commented on various consent Calendar Items. At the request of Councilmember McKeown, Items 1-C and 1-L were removed from the Consent Calendar. Motion by Councilmember Bloom. seconded by Councilmember Davis, to approve all items on the Consent Calendar as presented except items 1-C and 1-L, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, March 24, 2009 Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver MINUTES 1-A: The minutes of the February 24, 2009, City Council meeting were approved as submitted. LIFEGUARD SERVICES 1-B: Lifeguard Services -recommendation to negotiate and execute Contract No. 9045 (CCS) with Los Angeles County Fire Department for lifeguard services on Santa Monica State Beach and appropriate additional funds in the amount of $66,806 for fiscal year 2008-09, was approved. OUTDOOR FURNITURE 1-D: Purchase of outdoor furniture -recommendation to amend existing purchase order with JANUS et Cie, in an amount not to exceed $129,866, to purchase outdoor furniture for the Annenberg Community Beach House, was approved. BBB GRANT FUNDS 1-E: Resolution No. 10386 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION AND TO EXECUTE GRANT AGREEMENTS IN FURTHERANCE OF TRANSIT SECURITY PROJECTS FOR THE BIG BLUE BUS," was adopted. CHARNOCK WELL 1-F: Charnock Well Field Restoration Project -recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8892 (CCS) with Black and Veatch Construction, in the amount of $4,600,000 for a total amount of $8,900,000, to move forward the purchase of water treatment equipment and provide demolition services, was approved. GRANT FUNDS - 1-G: Memorial Park Area Capping Study funding - FREEWAY CAPPING recommendation to adopt Resolution No. 10387 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING SUBMITTAL OF APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION FOR FUNDING UNDER FY 2009-2010 TRANSPORTATION PLANNING GRANT PROGRAM," and authorizing the City Manager to negotiate and execute an agreement and related documents necessary to participate in the 2009- 2020 Transportation Planning Grant Program to study the feasibility of capping the 1-10 Freeway between 17°i and 14`s Streets in the Memorial Park area, was approved. March 24, 2009 EMPLOYEE LIFE 1-H: Employee group benefit life insurance plan -recommendation INSURANCE to approve payment of annual premiums for the Group Benefit Plan with the Hartford Life Insurance Company, in the amount of $1,187,000, for calendar year 2009, was approved. PLANNING AND 1-I: Planning, design and related services for the Exposition Light DESIGN SERVICES Rail Planning and Design Coordination; Land Use & Circulation Element (LUCE) Analysis and Implementation; and Design Review - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8729 (CCS) with The Odermatt Group, in the amount of $235,000, for planning and design services related to the Exposition Light Rail and LUCE projects; and an amendment to Contract No. 8866 (CCS) with Nelson/1Vygaard Consulting Associates, in the amount of $210,000, for transportation planning services related to the Exposition Light Rail and the LUCE projects, was approved. RADIO EQUIPMENT 1-J: Purchase of Radio Equipment for Fire Department - recommendation to authorize the City Manager to approve a sole source purchase order with Motorola, Inc. for the purchase of radio equipment, for a total amount not to exceed $457,000, in conjunction with reactivating the Fire Dispatch Center, was approved. FIRE COMMUNICATION 1-K: Contract amendment for Fire Communications Center- CENTER SERVICES recommendation to authorize the City Manager to negotiate and execute a contract amendment with GeoComm, in the amount of $51,210 for a total contact amount of $138,810, to provide assistance and services for the reactivation of the Santa Monica Fire Communications Center, was approved. LEGAL SERVICES 1-M: Provision of legal services -recommendation to authorize the City Attorney to enter into Contract No. 9048 (CCS) with Kane, Ballmer & Berkman, in the amount of $250,000, for specialized legal services on behalf of the City, the Parking Authority, and the Redevelopment Agency, was approved. BBB HYBRID COACHES 1-C: BBB gasoline/electric hybrid transit coaches -recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8963 (CCS), and issue a Notice to Proceed with Creative Bus Sales, in the amount of $8,061,367, for the purchase often, 30-foot hybrid transit coaches, was presented. Councilmember McKeown advised he removed this item from the Consent Calendar to add a direction to staff to pursue federal funding for operating expenses as well as for capital expenditures for mass transit. March 24, 2009 Motion by Councilmember McKeown, seconded by Mayor Genser, to approve staff recommendation with the above direction to staff. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver 1717 4`h ST. LEASE 1-L: Office Space Lease at 1717 4`" Street -recommendation to authorize the City Manager to negotiate and execute Lease No. 9047 (CCS) with PCA I, LP for City offices at 1717 4s' Street, was presented. Councilmember McKeown advised he removed this item from the Consent Calendar because he would have preferred to have reviewed an agenda item from staff at the last Council meeting, asking for authorization to demolish acity-owned building, in conjunction with this request for cost comparison and cost savings purposes. He added that had Council been able to review both requests in conjunction with each other, he was not sure Council would have said "no" to rehabilitation of the city-owned building. Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor to approve staff recommendation, with a direction to staff to respond to Councilmember McKeown's concern via e-mail or through an information item. The motion was approved by the following vote: AYES: Councilmembers Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: Councilmember McKeown ABSENT: Councilmember Shriver CLOSED SESSIONS: Councilmember Shriver arrived at 6:55 p. m. Councilmember Holbrook was excused at 7: 27 p. m. Councilmember McKeown stated, for the record, that he voted "no" because the lease should have been considered in conjunction with the Council's action last meeting to demolish acity-owned building. Member of the public Pro Se expressed concern regarding the manner in which closed sessions are posted for public review. On order of the Mayor, the City Council recessed to closed sessions at 6:24 p.m., and returned at 7:28 p.m., with Councilmember Holbrook absent, to report the following: 4 March 24, 2009 2-A: Conference with Legal Counsel -Existing Litigation: In the Matter of Compliance with Federal Obligations bathe City of Santa Monica, California, FAA Docket No. 16-02-08. ACTION: Heard. No reportable action taken. 2-B: Conference with Legal Counsel -Existing Litigation: United States of America and Peters v. City of Santa Monica, USDC, Case No. CV08-02695 CW(Ex). ACTION: Heard. No reportable action taken. 2-C: Conference with Legal Counsel -Anticipated Litigation: Initiation of litigation pursuant to Section 54956.9c (initiation of 1 case to collect transient occupancy taxes owing from on-line booking companies; retention of counsel). ACTION: Heard. No reportable action taken. 2-D: Conference with Legal Counsel -Existing Litigation: Powell v. City of Santa Monica, Los Angeles Superior Court Case Number SC 098205. ACTION: Heard. No reportable action taken. 2-E: Conference with Legal Counsel -Existing Litigation: Hunter v. City of Santa Monica, Los Angeles Superior Court Case Number SC 094020. ACTION: Heard. No reportable action taken. 2-F: Conference with Legal Counsel -Existing Litigation: Action Apartment Association v. City of Santa Monica, U. S. Supreme Court Case No. 08-1139. ACTION: Heard. No reportable action taken. STUDY SESSION: Motion by Mavor Pro Tem O'Connor, seconded by Councilmember EXPO LIGHT RAIL & Davis, to hear Items 3-A and 8-A concurrently. The motion was CIVIC CENTER CIP unanimously approved by voice vote, with Councilmember Holbrook PROJECTS absent. March 24, 2009 3-A: Proposed integrated framework for Downtown Expo Light Rail Station and Civic Center CIP Projects -recommendation that Council support the interdepartmental approach and provide direction on staff recommendations, including the studies as outlined herein and presented at the Study Session, was presented. CIVIC AUDITORIUM/ 8-A: Santa Monica Civic Auditorium use and programming and EARLY CHILDCARE Early Childcare Education Center -recommendation to authorize the EDUCATION CENTER City Manager to Issue a Request For Qualifications from firms interested in a public/private partnership for the use and programming of the Civic Auditorium; and to negotiate and execute Agreement No. 9049 (CCS) with Santa Monica College for the development of the Early Childcare Education Center on the Civic Auditorium Campus, was presented. Members of the public Joey Fullmer, M. Ross, Gwen Pugh, Jerry Rubin, Ralph Mechur and Maryanne La Guardia spoke in support of Item 3-A. Members of the public Irene Zivi, Betsy Hiteshaw, Katherine Muller, Hara Beck and Mike Myers spoke in support of Item 8-A. Motion by Councilmember McKeown. seconded by Councilmember Bloom, to support the interdeparhnental approach; authorize the City Manager to Issue a Request For Qualifications from firms interested in a public/private partnership for the use and programming of the Civic Auditorium; and to negotiate and execute Agreement No. 9049 (CCS) with Santa Monica College for the development of the Early Childcare Education Center on the Civic Auditorium Campus. The motion was approved by the following vote: AYES: Councilmembers Bloom, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Holbrook SPECIAL ITEMS: 4-A: Mayor Genser issued a proclamation declaring March 2009 PROCLAMATION as Women's History Month in the City of Santa Monica. Vice Chair of the Commission on the Status of Women Amy Bishop Dunbar accepted the proclamation. 6 March 24, 2009 ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2285 (CCS) AFFORDABLE HOUSING entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA PROGRAM AMENDING THE AFFORDABLE HOUSING PRODUCTION PROGRAM, SANTA MONICA MUNICIPAL CODE CHAPTER 9.56, TO EXEMPT SPECIFIED CITY-FINANCED ONE HUNDRED PERCENT AFFORDABLE NONPROFIT HOUSING PROJECTS FROM THE PROGRAM, TO REQUIRE THAT OCCUPANTS OF AFFORDABLE HOUSING BE SELECTED FROM ACITY- MAINTAINED LIST WITH CERTAIN EXCEPTIONS, AND TO CLARIFY THAT AFFORDABLE HOUSING UNITS INCLUDE VERY LOW-, LOW-, AND MODERATE-INCOME UNITS," was presented. Motion by Councilmember McKeown, seconded by Mayor Pro Tem O'Connor, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Holbrook CODE ENFORCEMENT 7-B: Introduction and first reading of an ordinance of the City of Santa Monica updating Chapter 1.10 of the Municipal Code to clarify code enforcement rights and efforts by the City, was presented. Member of the public Kevin Kozal expressed concerns regarding the intent of the proposed ordinance. Member of the public Kevin Kahn spoke in support of enforcement of the current laws. Motion by Councilmember McKeown, seconded by Mayor Genser, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Bloom, Davis, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: Councilmember Shriver ABSENT: Councilmember Holbrook RECESS TO SPECIAL On order of the Mayor, the regular City Council meeting recessed at REDEVELOPMENT 10:05 p.m., to a Redevelopment Agency meeting and reconvened at AGENCY MEETING 10:36 p.m., to its regular Council meeting with Councilmember Holbrook absent. 7 March 24, 2009 PUBLIC HEARINGS: 9-A: Annual Homeless Review and Progress Report on Action Plan ANNUAL HOMELESS to address homelessness -recommendation to hold a public hearing, REVIEW receive a progress update on implementation of Year 1 of the City's Action Plan to address homelessness in the City; and approve the proposed Year 2 Action Plan Update, was presented. Member of the public Ruth Sarnoff spoke in support of the report and expressed concerns regarding the plight of the homeless, specifically newly released members of the military service. Motion by Councilmember Shriver, seconded by Councilmember Bloom, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Holbrook COUNCIL ITEMS: 13-A: Appointment to one annual vacancy on the Pier Restoration APPOINTMENTS Corporation for a term ending November 11, 2012. On order of the Mayor, this matter was continued to Apri17, 2009. 13-B: Appointment to unscheduled vacancies to the following Boards and Commissions: Board/Commission No. of AQ?l ts• Term Endine Airport Commission 1 6/30/2009 On order of the Mayor, this matter was continued to Apri17, 2009. Commission/Status of Women 6/30/2010 On order of the Mayor, this matter was continued to Apri128, 2009. Pier Restoration Corporation 11/10/2009 On order of the Mayor, this matter was continued to April 7, 2009. March 24, 2009 RESOLUTION -MARINE 13-C: Request of Councilmember Bloom that the Council consider a LIFE PROTECTION recommendation by the Task Force on the Environment to adopt Resolution No. 10388 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, SUPPORTING IMPLEMENTATION OF THE MARINE LIFE PROTECTION ACT (MLPA,)" as set forth in the sample resolution accompanying this request., was presented. Members of the public Charlotte Stevenson and Brian Meux spoke in support of the request. Motion by Councilmember Bloom, seconded by Councilmember McKeown, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Holbrook DRY CLEANERS 13-D: Request of Councilmember McKeown that, pursuant to a recommendation from Santa Monica's Task Force on the Environment, Council authorize staff to prepare an ordinance requiring non-toxic and non-smog forming garment care technology for local "dry" cleaners; and prepare a resolution supporting the Federal Trade Commission's certification of a professional "wet" cleaning label, was presented. Member of the public Gary Futterman spoke in opposition to the request and in support of more discussion with affected principals. Members of the public Hans Kim and Peter Sinsheimer spoke in support of the request. Motion by Councilmember McKeown, seconded b~yor Genser, to authorize staff to consult with environmental advocates and with representatives of the garment care industry to investigate, and if appropriate, prepare an ordinance requiring non-toxic and non-smog forming garment care technology and prepare the proposed resolution. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 9 March 24, 2009 CONTINUING PAST Motion by Councilmember Bloom, seconded by Councilmember Davis, 11:00 P.M. to complete the remaining items on the agenda. The motion was approved with Councilmember Shriver abstaining and Councilmember Holbrook absent. PAWNBROKERS 13-E: Request of Mayor Genser that the Council direct city staff to return with an interim ordinance including "pawnbrokers" in the list of permitted uses in the C-3 and C-3C zoning districts, was presented. Motion by Mayor Genser, seconded by Councilmember Davis, to approve request. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 1334 5`" ST., INTERIM 13-F: Request of Mayor Genser that the Council direct city staff to OCCUPANTS solicit interim occupants for the vacant tenant space at the soon-to- be-acquired building at 1334 5th Street, with leasing preference for Councilmember Shriver was independent retailers, retailers that are already located in downtown excused at 11:15 p. m. Santa Monica but are facing expiring leases, pedestrian-oriented retailers, retailers who provide goods and services that are under represented in downtown Santa Monica and retailers whose goods and services provide special assistance in these economically challenging times, was presented. Motion by Mayor Genser, seconded by Councilmember McKeown, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Shriver and Holbrook absent. CLIMATE ACTION 13-G: Request of Mayor Pro Tem O'Connor, Councilmember BLUEPRINT Bloom and Councilmember McKeown that the Council endorse the ICLEI-Local Governments for Sustainability Climate Action Blueprint and the Local Government Commission Ahwahnee Principles for Climate Change, was presented. Motion by Councilmember McKeown, seconded by Mayor Pro Tem O'Connor, to approve request. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmembers Shriver, Holbrook 10 March 24, 2009 FEDERAL FUNDS - 13-H: Request of Mayor Pro Tem O'Connor, Councilmember TRANSPORTATION Bloom and Councilmember McKeown that Council support AB 20- ECONOMIC STIMULUS Third Extraordinary Session that would increase the local share of the Federal Transportation Economic Stimulus Funds, was presented. Motion by Mayor Pro Tem O'Connor. seconded by Councilmember Bloom, to approve request. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmembers Shriver, Holbrook HOMELESS VETERAN 13-L Request of Council Member Shriver that the Council HOUSING congratulate Common Ground on the recent award of a contract for use of one of the unused buildings for housing homeless veterans on the West Los Angeles VA campus; and to invite Common Ground representatives to share their plans. In addition, request that the Council discuss potential next steps for the City of Santa Monica to build on the successes of the Homeless Community Court. This item was not heard, and was subsequently withdrawn by Councilmember Shriver. PUBLIC INPUT Members of the public Pro Se, Denise Barton, Louisa Fish and Art Casillas commented on various local subjects. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:27 p.m., in memory of Glenn Sundby. AT T: APPROVED: Maria M. Stewart Ken enG ser City Clerk Mayor 11 March 24, 2009