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M-041409CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 14, 2009 A regulaz meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:51 p.m., on Tuesday, April 14, 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 Bobby Shriver Councilmember Kevin McKeown Absent: Councilmember Robert T. Holbrook Also Present: City Manager P. Lamont Ewell Assistant City Attorney Joseph Lawrence City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:51 p.m., with Councilmember Holbrook absent. Andy Agle, Director of Housing and Economic Development, 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. At the request of the Mayor, and with the consensus of Council, this Consent Calendar was combined with the Housing Authority Consent Calendar, Item 1-I. On order of the Mayor, the City Council convened to a joint meeting with the Housing Authority at 5:55 p.m., with Councilmember Holbrook absent. Members of the public Joey Fullmer and Pro Se commented on various Consent Calendaz items. At the request of Councilmember McKeown, Item 1-I was removed from the Consent Calendar. Motion by Councilmember McKeown, seconded by Councilmember April 14, 2009 Davis, to approve all items on the Consent Calendar as presented except Item 1-I, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councihnembers Bloom, Davis, Shriver, Mckeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Holbrook EMPLOYEES ON 1-A: Resolution No. 10391 (CCS) entitled: "A RESOLUTION OF ACTIVE MILITARY THE CITY OF SANTA MONICA PROVIDING FOR EXTENDED DUTY TIME FOR MILITARY RESERVE TRAINING AND CONTINUATION OF SALARY AND BENEFITS FOR PERMANENT CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY SINCE SEPTEMBER 14, 2001," was adopted. BBB TRANSMISSIONS 1-B: Remanufacturing of Allison Transmissions -recommendation to award Bid No. 2963 to United Transmission Exchange, for a total expenditure for the three and one-quarter year term of $630,000, to provide re-manufacturing service of Allison transmissions for athree- month period with three additional one-year renewal options, was approved. BBB COACH REPAIR 1-C: Body Repair and Painting of Transit Coaches - recommendation to award Bid No. 2968 to Carlos Guzman Inc., for a total annual estimated expenditure of $300,000, to provide body repair and painting of transit coaches for aone-year period with three additional one-year renewal options, was approved. PREVAILING WAGE 1-D: Prevailing Wage Monitoring Contracts -recommendation to MONITORING authorize the City Manager to negotiate and execute Agreement No. 9052 (CCS), in the sum of $250,000, with Comprehensive Housing Services, Inc. and Agreement No. 9053 (CCS), with AmeriNational Community Services, Inc. for Federal/State prevailing wage monitoring and Section 3 compliance for various City-funded affordable housing developments and parking structures, was approved. SANTA MONICA BLVD. 1-E: 5`h and 6`h Streets, and Santa Monica Boulevard Improvement IMPROVEMENT Projects -recommendation to authorize the City Manager to negotiate and execute Contract No. 9054 (CCS) with Silvia Construction, Inc., in the amount of $552,413, to resurface Fifth and Sixth Streets from Colorado Avenue to Wilshire Boulevard, and Santa Monica Boulevard from Fifth Street to Lincoln Boulevard, was approved. 2 April 14, 2009 WOODLAWN 1-F: Landscape Services for Woodlawn Cemetery-recommen- CEMETERY dation to authorize the City Manager to negotiate and execute asix- LANDSCAPING month contract extension of Contract No. 8860 (CCS) from January 1, 2009 to June 30, 2009, with Va1leyCrest Landscape Maintenance, Inc., in the amount of $225,487, for grounds landscape maintenance services at Woodlawn Cemetery, with an option to extend annually for up to four fiscal years beginning July 1, 2009, with amounts adjusted each year to reflect the then current Living Wage, was approved. GRANT FUNDS 1-G: Proposition 1-C Infill Infrastructure Grant Funds - recommendation to adopt Resolution No. 10392 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE PROPOSITION 1 C INFILL INFRASTRUCTURE GRANT PROGRAM; THE EXECUTION OF AGREEMENT NO. 9055 (CCS) IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE INFILL INFRASTRUCTURE GRANT PROGRAM, FOR PALISADES GARDEN WALK," was approved. DOCUMENT IMAGING 1-H: Permit and Plan Document Imaging- recommendation to authorize the City Manager to negotiate and execute an amendment to Contract Number 8843 (CCS) with PC Imaging, in the amount of $75,000 for a new total not to exceed of $225,000, to convert paper property records into digital format, was approved. HOUSING AUTHORITY: 1-I: Housing Authority Annual Plan and Five-Year Plan - ANNUAL AND 5-YEAR recommendation to adopt the Santa Monica Housing Authority 2009- PLAN 2010 Annual Plan and 2009-2014 Five Year Plan and authorize the Executive Director to submit the Plans to the United States Housing and Urban Development Agency, was presented. Authority Member McKeown advised he removed this matter from the Consent Calendar to ask about adding to the priorities those who are displaced from mobile home parks due to owner occupancy issues, and about grievance procedures. Discussion ensued. Staff answered questions from Councilmembers. Motion by Authority Member Davis. seconded by Chair Pro Tem O'Connor, to approve recommendation. The motion was approved by the following vote: April 14, 2009 AYES: Authority Members Bloom, Davis, Shriver, Mckeown, Chair Pro Tem O'Connor, Chair Genser NOES: None ABSENT: Authority Member Holbrook ADJOURNMENT OF On order of the Mayor, the special joint meeting with the Housing JOINT MEETING Authority was adjourned at 6:03 p.m., with Councilmember Holbrook absent. CLOSED SESSIONS: Member of the public Pro Se commented on the posting information contained on the agenda for closed sessions. On order of the Mayor, the City Council recessed at 6:14 p.m., to consider closed sessions and reconvened at 7:15 p.m., with Councilmember Holbrook absent, to report the following: 2-A: Conference with Legal Counsel -Anticipated Litigation: Initiation of litigation pursuant to Section 54956.9c (initiation of i case to collect transient occupancy taxes owing from on-line booking companies; retention of counsel). ACTION: Heard. No reportable action taken. 2-B: Conference with Legal Counsel -Existing Litigation: Hunter v. City of Santa Monica, Los Angeles Superior Court Case Number SC 094020. Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Davis, to approve Settlement No. 9056 (CCS) in the amount of $250,000 in this fatality case involving a Santa Monica Police Department shooting. 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 2-C: Anticipated Litigation: Initiation of Litigation pursuant to Section 54956.9c (California Regional Water Quality Control Board, Clean Up and Abatement Order No. R4-2008-0034, Former Gillette Paper Mate facility, 168126th Street, Santa Monica, Ca.) ACTION: Heard. No reportable action taken. April 14, 2009 2-D: Conference with Legal Counsel -Existing Litigation: In the Matter of Compliance with Federal Obligations by the City of Santa Monica, California, FAA Docket No. 16-02-08. ACTION: Heard. No reportable action taken. 2-E: 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. STUDY SESSION: 3-A: 2009 Santa Monica Resident Survey Results -recommendation RESIDENT SURVEY to review and discuss the findings of the Resident Survey, was presented. There was no one present for public comment. Considerable discussion ensued on the presentation for the survey results. After discussion, on order of the Mayor, the information was received and filed. ITEM HEARD OUT OF Motion by Councilmember Davis. seconded by Mayor Genser, to hear ORDER Item 7-B before Item 3-B. The motion was approved by voice vote, with Councilmember Shriver voting in opposition, and Councilmember Holbrook absent. ORDINANCE: 7-B: Introduction and first reading of an interim ordinance PAWNBROKERS amending Municipal Code Sections 9.04.08.18.020 and 9.04.08.20.020 to permit pawnbrokers as permitted uses in the C3 Downtown Commercial and C3-C Downtown Overlay Districts, was introduced. There was no one present for public comment. Motion by Mayor Genser, seconded by Councilmember Davis, to introduce ordinance for first reading, 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 April 14, 2009 HOMELESS UPDATE 3-B: Homeless Update: Report on successful strategies for reducing homelessness, options for the Santa Monica Homeless Community Court, and selection of developer/service provider for Building 209 on the West LA VA Campus, was presented. Members of the public Flora Gil Krisiloff, Joey Fullmer, Albin Gielicz and M. Ross spoke generally in support of the update. Considerable discussion ensued on the update presented and the strategies proposed for fixture endeavors. After discussion, on order of the Mayor, the information was received and filed. ADMIN. ITEMS: 6-A: Appeal of Landmarks Commission designation of the 3030-3060 NEBRASKA Commercial Building located at 3030-3060 Nebraska Avenue as a City Landmark - recommendation to deny the appeal and designate the subject property as a City Landmark based on revised findings. At the request of appellant, this matter to be continued to a future date. ORDINANCES: 7-A: Introduction and adoption of emergency interim Ordinance DEVELOPMENT No. 228'7 (CCS) entitled: "AN INTERIM EMERGENCY ORDINACE STANDARDS OF THE CITY OF SANTA MONICA EXTENDING INTERIM ORDINANCE NOS. 2238 (CCS) AND 2242 (CCS) MODIFYING THE DEVELOPMENT STANDARDS IN THE LIGHT MANUFACTURING STUDIO (LMS) AND THE INDUSTRIAL CONSERVATION ZONING (Ml) DISTRICTS TO ONLY AUTHORIZE DEVELOPMENT THAT DOES NOT EXCEED 7500 SQUARE FEET OR 15 UNITS IN THE LMSD OR 5 UNITS IN THE Ml UNLESS THE DEVELOPMENT IS UNDERTAKEN PURSUANT TO A DEVELOPMENT AGREEMENT OR IS A CITY PROJECT, TO REQUIRE A DEVELOPMENT AGREEMENT TO AUTHORIZE CHANGES OF USE GREATER THAN 7500 SQUARE FEET IN FLOOR AREA ON PARCELS IN THE LMSD THAT EXCEED 32,000 SQUARE FEET AND ON PARCELS IN THE Ml THAT EXCEED 15,000 SQUARE FEET, AND TO ESTABLISH EXCEPTIONS AND DECLARING THE PRESENCE OF AN EMERGENCY," was presented. Member of the public Catherine Eldridge spoke in opposition to certain sections of the proposed ordinance. Motion by Mavor Genser, seconded by Mayor Pro Tem O'Connor, to introduce and adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: April 14, 2009 AYES: Councilmembers Bloom, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Holbrook STAFF ITEMS: 8-A: Bayside District Corporation Amended and Restated Services BSD AGREEMENT AND Agreement and Amended By-Laws -recommendation to authorize the BY-LAWS City Manager to execute the Amended and Restated Services Agreement with the Bayside District Corporation (BDC) reflecting the new roles and responsibilities to be delegated to the Downtown Property-Based Assessment District; updated indemnification provisions, base-level of services to be provided by the City; and standards relating to the functions and oversight of private contractors; and to execute and approve BDC's Third Amended and Reinstated By-Laws clarifying eligibility of members to serve on the Board, was presented. Member of the public Jerry Rubin spoke in support of the recommendation. Considerable discussion ensued on the points made during the presentation including the need for clarity of the functions for the proposed ambassadors to be provided by private contractors. After considerable discussion staff was directed to work with the Bayside District to include languge in the Services Agreement that ensures the creation of standards of conduct for ambassadors and other Bayside contractors in the public rights-of--way, with City authority to enforce those standazds; and require mininum ratings for any Bayside District insurance provider. No formal action was taken on the recommendation. JOINT MEETING WITH On order of the Mayor, the City Council convened to a joint meeting with THE REDEVELOPMENT the Redevelopment Agency at 9:42 p.m., with Councilmember Holbrook AGENCY: absent. REDEVELOPMENT CAPITAL FUNDING 8-B: Redevelopment Agency Capital Funding Priorities - PRIORITIES recommendation to approve the redevelopment funding priorities for capital improvement programs, was presented. The following members of the public spoke in support of the proposed projects including the joint venture with the School District, the Child Care project, and Pico Community Library: Jamie Conn, Ella Stearns, Elizabeth Stearns, John Kean, Colette Sherouse, Tom Belin, Debbie Mulvaney, Betsy Hiteshew, Irene Zivi, Craig Hamilton, Lisa Melandri, Mike Grunning, Michael Hill, Ralph Mechur, Michael Jackson, 7 April 14, 2009 Christopher West, Elias Serna, Oscar de la Torre, Stephen Saks, Sonya Sultan, Tom Larmore, Neil Carrey, Rebecca Kennerly, Laurie Yebia, Louse Jaffe, Michael Cahn, Michael Arceo, Dona Davoodi, Ben Allen, Max Dorf, Laurie Lieberman, Richard McKinnon, Barbara Filet, Donna Sternsberg, Jay Johnson, Judy Abdo and Catherine Eldridge. Due to the lateness of the hour, on order of the Mayor and with the consensus of council, discussion of this matter was continued to a future meeting. ADJOURNMENT OF On order of the Mayor, the special joint meeting with the Redevelopment JOINT MEETING Agency was adjourned at 11:45 p.m., with Councilmember Holbrook absent, and the City Council reconvened to its regular meeting. COUNCIL ITEMS: 13-A: Appointment to one unscheduled vacancy to the Planning APPOINTMENT Commission for a term ending on June 30, 2011. On order of the Mayor, the floor was opened for nominations. Mayor Genser nominated Ted Winterer. Mayor Pro Tem O'Connor nominated Jason Parry. The nominations resulted in a tie-vote as follows: Winterer: Councihnembers Shriver, McKeown, Mayor Genser Parry: Councilmembers Bloom, Davis, Mayor Pro Tem O'Connor Absent: Councilmember Holbrook On order of the Mayor, this matter was continued to the meeting of May 12, 2009. HEALTH BILL 13-B: Request of Councilmember McKeown that, consistent with its earlier endorsement ofthen-Senator Sheila Kuehl's universal single- Councilmember Shriver payer health bill, the City Council endorse SB810 (Zeno) and HR6'76 was excused at 12:04 a. m. (Conyers), was presented. Members of the public Geri Jenkins, Matt Hendrickson and Jo Olson spoke in support of the request. April 14, 2009 Motion b~Mavor Pro Tem O'Connor, seconded by Councilmember McKeown, to approve request. The motion was approved by the following vote: AYES: Councilmembers Bloom, Davis, McKeown, Mayor Pro Tem O'Connor, Mayor Censer NOES: None ABSENT: Councilmembers Holbrook, Shriver RESIGNATION 13-C: Recommendation to accept John Whitbread's resignation from the Accessibility Appeals Board and authorize the City Clerk to publish the vacancy, was presented. Motion b~Mavor Pro Tem O'Connor, seconded by Mayor Genser to approve recommendation with regrets. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Shriver absent. ALTERNATE FOR 13-D: Request of Mayor Pro Tem O'Connor to appoint an alternate EXPO BOARD member to the Exposition Authority Board, was presented. Councilmember Bloom nominated Councilmember Davis. Councilmember McKeown nominated Mayor Genser. Mayor Genser conveyed his support for Councilmember Davis. Councilmember Davis was appointed as alternate by acclamation, with Councilmembers Holbrook and Shriver absent. STATE LEGISLATION 13-E: Request of Councilmember McKeown that the City Council take the following positions on housing bills in the current State Legislative session, and convey our support or opposition to the appropriate legislators and the Governor: Support SB290, AB590, AB1171, AB1108, SB595; Oppose AB1084, SB763, was presented. Motion by Councilmember McKeown. seconded by Mayor Genser, to approve request. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Bloom, Mayor Pro Tem O'Connor, Mayor Censer NOES: None ABSENT: Councilmembers Shriver, Holbrook April 14, 2009 HOMELESSNESS 13-F: Request of Councilmember Bloom that the City Council LEGISLATION support AB 1177 (Fong) that would create the California Interagency Council on Homelessness to construct cross-agency and community cooperation to address homelessness, was presented. Motion by Councilmember Bloom, seconded by Mater 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 PUBLIC INPUT: Members of the public Pro Se, Denise Barton, M. Ross and Afomia Seleshi discussed various local concerns. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:16 a.m. to Apri128, 2009, in memory of Wally Marks II. ATTEST: APPROVED: Maria M. Stewart Ken Gen er City Clerk Mayor 10 April 14, 2009