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M-011910CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 19, 2010 A special meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor at 5:45 p.m., on Tuesday, January 19, 2010, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tem Pam O'Connor Councilmember Richard Bloom Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Absent: Mayor Ken Censer Councilmember Bobby Shriver Also Present: City Manager P. Lamont Ewell City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:45 p.m., with Mayor Genser and Councilmember Shriver absent. Councilmember McKeown led the assemblage in the Pledge of Allegiance. REMEMBERING MAYORMayor Pro Tem O'Connor opened the Council meeting with a KEN CENSER remembrance of Mayor Ken Censer who passed away on January 9, 2010. The Mayor Pro Tem and Councilmembers commented on Mayor Censer's life-long activism, his contributions to the community, his political career, his 20+ years as a Councilmember and his sharp sense of humor. A letter of condolence from Congressman Henry Waxman was read into the record. A moment of silence was observed for Mayor Ken Censer. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. There being a Consent Calendar for each the City Council, the Parking January 19, 2010 Authority and the Redevelopment Agency, on order of the Mayor Pro Tem and with the consensus of Councilmembers, the three Consent Calendars were to be heard concurrently, Members of the public Joy Fullmer, Jerry Rubin, M. Ross and Reverend Mustang commented on various Consent Calendar items. At the request of Councilmember Davis, Item 1-E was removed from the Consent Calendar. Motion by Authority ency/Councilmember McKeown, seconded Authority/A eg_ncy/Councilmember Davis, to approve all items on the Consent Calendar as presented except item 1-E, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Authority/Agency/Councilmembers McKeown, Davis, Holbrook, Bloom, Chair Pro TemMlayor Pro Tem O'Connor NOES: None ABSENT: Authority/Agency/Councilmember Shriver, Chair/Mayor Genser MINUTES 1-A: The minutes of the November 24 and the December 8, 2009, City Council meetings were approved as submitted. LEGAL RECORDS 1-B: Legal records reproduction services -recommendation to REPRODUCTION award a purchase order to Excello Copy, in the amount of $37,750 for the remainder of the fiscal year and an estimated amount of $75,500 per year for four consecutive fiscal years, to provide medical and employment record reproduction services for the City Attorney's Office, was approved. COURT REPORTING & 1-C: Court reporting, transcription, deposition and OTHER LEGAL videoconferencing services -recommendation to award a purchase SERVICES order to Atkinson-Baker, Inc., in the amount of $30,000 for the remainder of the fiscal year and for approximately $60,000 per year for four consecutive fiscal years thereafter, for services for the City Attorney's Office, was approved. MESSENGER & COURT 1-D: Full service loan messenger and legal support court services - 2 January 19, 2010 SUPPORT SERVICES recommendation to award a purchase order to Santa Monica Express, in the amount of $12,500 for the remainder of the fiscal year and for approximately $26,250 per year for four consecutive years thereafter, for services to the City Attorney's Office, was approved. HUD-FUNDED HOUSING 1-F: Compliance investigation services for HUD-funded housing programs -recommendation to authorize the City Manager to negotiate and execute Contract No. 9164 (CCS) with Program Compliance Solutions, in the amount of $218,400 fora 3-year term, for investigation services for the Housing Division, was approved. UTILITY PAYMENTS - 1-G: Lockbox services for utility payments -recommendation to LOCK BOX SERVICES authorize the City Manager to negotiate and execute Contract No. 9165 (CCS) , in the amount of $132,300, with RT Lawrence Corporation to provide Lockbox payment processing services for utility payments, was approved. PARKING STRUCTURE 1-H: Public artwork fabrication for public parking structures - PUBLIC ARTWORK recommendation to authorize the City Manager to negotiate and execute Contract No. 9166 (CCS) with Ball Nogues Design, in the amount of $137,000, for the fabrication of public artwork to be installed on parking Structure 7 wall; and to execute a purchase order with Winsor Fireform, in the amount of $101,200, for fabrication of public artwork to be installed on Parking Structure 8 wall, was approved. 939 SAN VICENTE 1-I: Resolution No. 10448 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING FINAL PARCEL MAP NO. 063173 TO SUBDIVIDE A PROPERTY AT 939 SAN VICENTE BOULEVARD," was adopted. 908 STa STREET 1-J: Resolution10449 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING FINAL TRACT MAP NO. 069543 TO SUBDIVIDE A PROPERTY FOR A THREE UNIT PROJECT AT 908 5"~ STREET," was adopted. HAZARDOUS WASTE 1-K: Hazardous waste transportation; recycling/disposal services - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 9061 (CCS) with GEM for hazardous waste transportation, management and recycling/disposal, in the amount of $76,000, for a total of $326,000, through June 30, 2010, was approved. ANNENBERG BEACH 1-L: Security services for Annenberg Community Beach House - January 19, 2010 HOUSE SECURITY recommendation to award Bid No. 2988, in an estimated annual amount of $146,000, to Alltech Protective Services, Inc., for security services for the Beach House, was approved. CREDIT CARD 1-M: Merchant account processor services for credit card PAYMENTS payments -recommendation to authorize the City Manager to negotiate and execute Contract No. 9082 (CCS), in the amount of $3,350,000, with TransFirst Health and Government Services, for merchant account processor services for payments by credit card by members of the public for City fees and services, was approved. MTA GRANT FUNDS 1-N: Resolution No. 10450 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY ON MATTERS ASSOCIATED WITH THE ADMINISTRATION AND IMPLEMENTATION OF THE VARIOUS GRANT FUNDED PROGRAMS AWARDED THROUGH THE METROPOLITAN TRANSPORTATION ADMINISTRATION," was adopted. WORKERS COMP & 1-O: Workers Compensation and General Liability Claims LIABILITY CLAIMS Management System -recommendation to authorize the City Manager MGMT. SYSTEM to negotiate and execute an amendment to existing Contract No. 7482 (CCS) with AON eSolutions (formerly Valley Oaks Systems, Inc.) to purchase a software license and approve a five year maintenance agreement extension for an amount not to exceed $247,593, for a total amount of $617,593, was approved. JOINT MEETING WITH 1-P: Parking Structure 2 Lease Amendment -recommendation that PARKING AUTHORITY City Council and Parking Authority authorize the City Manager/ PARKING STRUCTURE 2 Executive Director to negotiate and execute a 4`h amendment to Lease LEASE No. 1828 with Douglas Emmett Realty Fund 1998 for their use of parking spaces at Parking Structure 2, was approved. JOINT MEETING WITH 1-Q: Downtown/Civic Center Freeway Capping and Bridging REDEVELOPMENT Project -recommendation to authorize the City Manager to negotiate AGENCY: and execute phased contracts with AECOM, for a total amount of FREEWAY CAPPING $3,156,508, for concept alternatives and feasibility study for phased freeway capping from Ocean Avenue to 4~' Street and development of concept alternatives for 2 segments; and, that Council and the Agency authorize the City Manager/Executive Director to execute a Reimbursement Agreement between the City and the Agency for costs associated with the proposed scope of work, was approved. ADJOURNMENT OF On order of the Mayor Pro Tem, the special joint meeting with the 4 January 19, 2010 JOINT MEETING Parking Authority and the Redevelopment Agency was adjourned at 6:08 p.m., and the regular City Council meeting was reconvened with Councilmember Shriver and Mayor Genser absent. BBB TRANSIT SERVICE 1-E: Analysis of transit service and Service Improvement and ANALYSIS Efficiency Program -recommendation to authorize the City Manager to negotiate and execute Agreement No. 9163 (CCS) with Transportation Management and Design, in the amount of $698,863, to undertake an alternatives analysis, including aline-by-line analysis of Big Blue Bus transit service for high capacity-short distance transit connections with Expo Light Rail, and to prepare a 3-year Service Improvement and Efficiency Program, was presented. Councilmember Davis advised she removed this item from the Consent Calendar to emphasize its importance and to ask questions related to the methodology of the analysis for ridership and any outreach to new riders. Staff replied to questions from Councilmembers and provided additional information. Motion by Councilmember Davis, seconded by Councilmember McKeown, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmember Shriver, Mayor Ken Genser CLOSED SESSIONS: On order of the Mayor Pro Tem, the City Council recessed to consider closed sessions at 6:19 p.m., and reconvened at 7:20 p.m., with Councilmember Shriver and Mayor Genser absent, to report the following: 2-A: Conference with Legal Counsel -Existing Litigation: Kaufman v. City of Santa Monica, Los Angeles Superior Court Case Number LASC 103030. This matter was not heard. 2-B: Conference with Legal Counsel -Existing Litigation: Thana v. City of Santa Monica and MCO Phillip Washington, Los Angeles Superior Court Case Number LASC 101527. January 19, 2010 Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve settlement of $45,000. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmember Shriver, Mayor Genser 2-C: Conference with Legal Counsel -Existing Litigation: Chubna et al. v. City of Santa Monica, USDC Case No. CV09-5046 CBM (Ex). This matter was not heard. 2-D: Conference with Legal Counsel -Existing Litigation: Harris v. City of Santa Monica, Case Number LASC BC 341 569. This matter was not heard. 2-E: 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. This matter was not heard. 2-F: Conference with Legal Counsel -Existing Litigation: United States of America and Peters v. City of Santa Monica, USDC, Case No. CV08-02695 CW (Ex) This matter was heard. No reportable action was taken. 2-G: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1): three cases. This matter was not heard. 2-H: Conference with Legal Counsel -.Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1): 2510 7th Street. This matter was heard. No reportable action was taken. 6 January 19, 2010 ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2303 (CCS) COMPETITIVE BIDDING entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA IN PURCHASING AMENDING MUNICIPAL CODE SECTION 2.24.080 AS IT APPLIES TO EXCEPTIONS TO COMPETITIVE BIDDING, TO ALLOW THE PURCHASE OF ITEMS THAT HAVE BEEN COMPETITIVELY BID BY AGENCIES OUTSIDE OF THE STATE OF CALIFORNIA, "was presented. Motion by Councilmember McKeown, seconded by Councilmember Bloom, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmember Shriver, Mayor Genser STREET PERFORMERS 7-B: Second reading and adoption of Ordinance No. 2304 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 6.112.030 RELATING TO STREET PERFORMANCE TO ELIMINATE THE REQUIREMENT THAT A PERMIT BE OBTAINED BEFORE PERFORMING ON ANY CITY SIDEWALK THEREBY ONLY IMPOSING A PERMIT REQUIREMENT ON THE PIER, THE PROMENADE, AND THE TRANSIT MALL," was presented. STAFF ITEMS: 8-A: Bus Shelter Redevelopment Schematic Design - BUS SHELTERS recommendation to approve the proposed Bus Shelter Schematic Design and word mark background; and to authorize the City Manager to negotiate and execute an amendment to Contract No. 9043 (CCS) with Lorcan O'Herlihy Architects, in the amount of $325,102 for a total of $984,992, for the bus shelter redevelopment project, was presented. There was no one present for public comment. Motion by Councilmember Bloom. seconded by Councilmember Davis, to approve recommendation selection attachment G of the staff report as the word mark background. The motion was approved by the following vote: January 19, 2010 AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmember Shriver, Mayor Genser BIODIESEL FUEL 8-B: Purchase of Biodiesel Fuel -recommendation to award bid No. 2984 to General Petroleum Corporation in an estimated amount of $2,050,131 annually, to supply and deliver B5, B20 and B50 biodiesel fuel blends to the Big Blue Bus Department and the Fleet Management Division, was presented. There was no one present for public comment. Motion by Councilmember Bloom, seconded by Councihnember Holbrook, to approve recommendation contingent upon having all necessary permits. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmember Shriver, Mayor Genser COUNCIL ITEMS: 13-A: Annual Appointment to the Accessibility Appeals Board to APPOINTMENTS one vacancy for a term ending June 30, 2013. This matter was continued to January 26, 2010. 13-B: Annual appointment to one position on the Pier Restoration Corporation for a term ending on November 10, 2013. This matter was continued to January 26, 2010. 13-C: Appointment to one unscheduled vacancy on the Pier Restoration Corporation for a term ending on November 10, 2010. This matter was continued to January 26, 2010. LEAF BLOWER 13-D: Request of Councilmember McKeown that staff prepare for ORDINANCE consideration amendments to the leaf blower ordinance, so property owners become responsible for adherence to the law and enforce- ment is shifted from the Police Department to the Office of Sustainability & Environment, with a sequence of warning letters and administrative citations, was presented. January 19, 2010 Members of the public Diane Wolf, Jerry Rubin and Frieda Dubin spoke in support of the ordinance. Motion by Councilmember McKeown, seconded by Mayor Pro Tem O'Connor, broadening the recommendation to include other options. The motion was approved by voice vote, with Councilmember Holbrook voting in opposition, and Councilmember Shriver and Mayor Genser absent. AIRCRAFT-GENERATED 13-E: Request of Councilmember McKeown that the Council PARTICULATE MATTER authorize staff to work with state and federal elected officials, and with all the appropriate agencies to establish enforceable toxicity standards for aircraft-generated particulate matter, particularly ultra-fine particles, and sponsor appropriate legislation, was presented. Member of the public Jerry Rubin spoke in support of the recommendation. Motion by Councilmember McKeown. seconded by Councilmember Davis, to approve request, including the inclusion of enforceable standards on pollution in general. The motion was unanimously approved by voice vote, with Councilmember Shriver and Mayor Genser absent. SMOKING IN COMMON 13-F: Request of Councilmember Davis that staff report on the AREAS implementation and effectiveness of the ordinance banning smoking in the common areas of multi-family residences and that staff identify any enforcement or other issues that have arisen since enactment of the ordinance, was presented. Members of the public Robert Kronovet, Trisha Roth, Phillip Paley, Jerry Rubin, Marlene Gomez, Esther Schiller, Beth Miller, Barbara Bronie, Marianne Gorczyca, Nicolina Karlsson, and Mariana Larkin spoke in support of the request. Motion by Councilmember Davis, seconded by Councilmember McKeown to approve request. The motion was unanimously approved by voice vote, with Councilmember Shriver and Mayor Genser absent. January 19, 2010 THREE-DAY NOTICE TO 13-G: Request of Councilmembers Davis and McKeown that QUIT Council direct staff to research and prepare an appropriate ordinance, conforming with recent court decisions (Rental Housin¢ '. Authority of Northern Alameda County v. Citv of Oakland), to extend greater civility and stability in Santa Monica rental situations by requiring aseven-day warning before issuance of a three-day notice to perform or quit, was presented. Members of the public Michael Tarbet, Marilyn Korade Wilson, and Ryan Minniear spoke in support of the request. Motion by Councilmember McKeown. seconded by Councilmember Davis, to approve request. The motion was unanimously approved by voice vote, with Councilmember Shriver and Mayor Genser absent. FUNDING -STUDENTS 13-H: Request of Councilmember Bloom that the City Council RUN L.A. allocate $6,500 in Council discretionary funds to Students Run L.A, for activities to beheld at the Santa Monica Civic Auditorium on March 21, 2010. Member of the public Michelle Hahn spoke in support of the request. Motion by Councilmember Bloom. seconded by Councilmember Davis, to approve request. Councilmember McKeown stated, for the record, that the above proposed activity being an adjunct to the City being the destination of the Marathon, is a tremendous public benefit to the community. The motion was approved by the following vote: AYES: Councilmembers Mckeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmember Shriver, Mayor Genser DECLARING SEAT 13-I: Request of Mayor Pro Tem O'Connor to direct staff to return VACANT at the regular meeting of January 26, 2009, with a resolution declaring Mayor Genser's seat vacant and with information on options and procedure to fill vacancy, as provided for in Section 603 of the City Charter, was presented. There was no one present for public comment. 10 January 19, 2010 Motion byMayor Pro Tem O'Connor, seconded by Councilmember Holbrook, to approve request. The motion was unanimously approved by voice vote, with Councilmember Shriver and Mayor Genser absent. FEDERAL HOME 13-J: Request of Councilmembers Shriver and McKeown that ENERGY CONSERVA- Council authorize staff to prepare for timely Santa Monica TION SUBSIDY participation in the Obama administration's anticipated federal home energy conservation subsidy program by preparing an administrative plan and returning to Council with an ordinance or other instrument to create any required agency or district, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve request. The motion was unanimously approved by voice vote, with Councilmember Shriver and Mayor Genser absent. FOOD VENDING 13-K: Request of Councilmember Holbrook that staff study the idea TRUCKS of allowing food vending trucks to occupy certain locations within the City to sell takeout food, and return with suggestions such as text amendments and/or other possible regulations to make this a workable and legal activity, was presented. Members of the public Howazd Krom, Jerry Rubin, Heather Priest and John Bowler spoke in support of the request. Motion by Councilmember Holbrook. seconded by Mayor Pro Tem O'Connor, to approve request. The motion was unanimously approved by voice vote, with Councilmember Shriver and Mayor Genser absent. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 10:20 p.m., in memory of Mayor Ken Genser, Sister Mazilyn Rudy, Karen Faye, Docia Zavitkovsky, and Parke Meek. TTEST: APPROVED: ~ ~:~.~ Mazia M. Stewart Pam O'Connor City Clerk Mayor Pro Tem 11 January 19, 2010