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M-022310CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 23, 2010 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor at 5:50 p.m., on Tuesday, February 23, 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 Councilmember Bobby Shriver (arrived at 5:56 p.m.) Appointed: Councilmember Terry O'Day Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Maria Stewart CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:50 p.m, with Councilmember Shriver absent. Councilmember Holbrook led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: There being a Consent Calendaz for the City Council and the Redevelopment Agency, on order of the Mayor Pro Tem and with the consensus of Councilmembers, the two Consent Calendars were to be heazd concurrently and the City Council convened to a joint meeting with the Redevelopment Agency. Members of the public Joey Fullmer, Denise Barton, and Jerry Rubin commented on various Consent Calendar items. Councilmember Shriver Agency/Councilmember Davis requested to remove Item 1-E from the arrived at 5:56 p. m. Consent Calendar. Motion by Agency/Councilmember Holbrook. seconded by February 23, 2010 Agency/Councilmember Bloom, to approve all items on the Consent -- Calendar as presented except 1-E, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Agency/Councilmembers McKeown, Davis, Holbrook Bloom, Chair/Mayor Pro Tem O'Connor NOES: None ABSTAIN: Agency/Councilmember Shriver ABSENT: None MINUTES 1-A: The minutes of the January 26, 2010, City Council meeting were approved as submitted. EQUIPMENT DONATION 1-B: .Donation of Used and Outdated Radio Equipment - recommendation to authorize the City Manager to donate used and outdated radio equipment to the City of Houston, Texas, was approved. CityTV FACILITY 1-C: Contract modification for tenant improvements of new CityTV Facility -recommendation to authorize the City Manager to negotiate and execute a second modification to Professional Services Agreement No. 9014(CCS) with Nonzero Architecture, in the amount of $57,703, for a total contract amount of $261,009, for additional design services for tenant improvements of the new CityTV facility at 1654 19`" Street, was approved. ADVANCED TRAFFIC 1-D: Modification to Agreement for Advanced Traffic MGMT. SYSTEM Management System -recommendation to authorize the City Manager to negotiate and execute a modification to Professional Services Agreement No. 8927(CCS) with Kimley-Horn and Associates, Inc., in the amount of $40,000 for a total contract amount of $700,000, for design services associated with the Advanced Traffic Management System, Phase 3 Project, was approved. ALTERNATIVE FUEL 1-F: Award of Bid to purchase alternative fuel transit coaches - TRANSIT COACHES recommendation to award Bid No. 2981 to North American Bus Industries Inc., to purchase 9 CNG coaches, with options to purchase up to an additiona158 coaches over afour-year option; authorize the City Manager to negotiate and execute Contract No. 9175 (CCS) in the amount of $5,115,261; and, authorize the City Manager to issue a Notice to Proceed, was approved. February 23, 2010 LOCAL 1109 IAFF 1-G: Resolution No. 10458 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA FIREFIGHTERS LOCAL 1109 IAFF," was adopted. SUPERVISORY TEAM 1-H: Resolution No. 10459 (CCS) entitled: "A RESOLUTION OF ASSOCIATES THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE SUPERVISORY TEAM ASSOCIATES," was adopted. PIER REPAIR PROJECT 1-I: Pier Dry Standpipe and Sprinkler System Repair Project Contract - recommendation to authorize the City Manager to negotiate and execute construction Contract No. 9176 (CCS) to Aztec Fire Protection, Inc., in the total amount not to exceed $232,694; and authorize the City Engineer to issue any necessary change orders, was approved. TRANSIT SECURITY 1-J: Resolution No. 10460 (CCS) entitled: "A RESOLUTION OF GRANT FUNDS THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION AND TO EXECUTE AGREEMENTS IN FURTHERANCE OF TRANSIT SECURITY PROJECTS FOR THE BIG BLUE BUS," was adopted. FINANCIAL PLANNING 1-K: Consulting services for financial planning and analysis, CONSULTING SVCS. and debt issuance activities -recommendation to authorize the City Manager to execute an amendment Agreement 8724 (CCS) with Public Resources Advisory Group (PRAG) to increase contract amount by $250,000 for a total contract amount not to exceed $500,000 for the five-year contract term, was approved. JOINT MEETING WITH 1-L: Annual Update on City Investment Policy - recommen- REDEVELOPMENT dation to approve a revised City Investment Policy; extend the AGENCY: delegation of investment authority to the Director of Finance, as City CITY INVESTMENT Treasurer, from 3/1/10, through 2/28/11; and adopt Resolution No. POLICY 10461 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA UPDATING THE LIST OF PERSONS AUTHORIZED TO CONDUCT TRANSACTIONS WITH THE STATE LOCAL AGENCY INVESTMENT FUND (LAIF) ON BEHALF OF THE CITY." And that the Redevelopment Agency (RDA) adopt Resolution No. 519 (RAS) entitled: "A RESOLUTION OF THE REDEVELOP- MENT AGENCY OF SANTA MONICA UPDATING THE LIST OF February 23, 2010 PERSONS AUTHORIZED TO CONDUCT TRANSACTIONS WITH THE STATE LOCAL AGENCY INVESTMENT FUND ON BEHALF OF THE RDA," was approved. JOINT MEETING - On order of the Chair /Mayor Pro Tem, the Special Joint Meeting with RECESS the Redevelopment Agency was recessed at 5:58 p.m., and the regular City Council meeting was reconvened with all members present. BBB SECURITY 1-E: Award of bid to provide security services at Santa SERVICES Monica's Big Blue Bus facilities -recommendation to award Bid No. 2985 to U.S. Security Associates, Inc. to provide security guard services at the Big Blue Bus facilities, in the amount of $177,048 for the remainder of FY2009-10, with three additional one-year renewal options at a cost of $336,000 per year, was presented. Councilmember Davis advised she removed this item from the consent calendar to ask questions related to the nature of the renewal options and as to why the hourly rates don't change after a renewal. Staff responded to questions from Councilmember Davis. Motion by Councilmember Davis, seconded by Councilmember Bloom, to approve staff recommendation, amended to direct staff that this matter be brought back to Council prior to contract renewal. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Bloom, Mayor Pro Tem O'Connor NOES: Councilmembers Shriver, Holbrook ABSENT: None Councilmember Shriver advised he voted in opposition because he believes it is too soon to bring back the contract for review, prior to renewal, given the economy and the significant structural deficit, although he applauds the idea. CLOSED SESSIONS: On order of the Mayor Pro Tem, the City Council recessed at 6:09 p.m., to consider closed sessions and reconvened at 7:14 p.m., with all members present, to report the following action taken: 2-A: Conference with Legal Counsel -Existing Litigation: Kaufman v. Citv of Santa Monica, Los Angeles Superior Court Case Number LASC 103030. 4 February 23, 2010 ACTION: Not Heard. 2-B: Conference with Legal Counsel -Existing Litigation: Gonzalez v. City of Santa Monica, Los Angeles Superior Court Case No. SC 099567. ACTION: Not Heard. 2-C: Conference with Legal Counsel -Existing Litigation: Hernandez v. City of Santa Monica and Officer Brian Spencer, Los Angeles Superior Court Case No. 09C02318. Motion by Councilmember Holbrook, seconded by Councilmember Davis, to approve Settlement No. 9177 (CCS) in the amount of $17,500. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: None 2-D: Conference with Legal Counsel -Existing Litigation: Berry v. City of Santa Monica, Los Angeles Superior Court Case No. BC 407785. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve Settlement No. 9178 (CCS) in the amount of $42,000. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: None 2-E: Conference with Legal Counsel -Existing Litigation: Lisa Emberton and Ritchie McCarthy-Langfield v. City of Los Angeles, et al. Case No. SC 098879. Motion by Councilmember Davis, seconded by Councilmember Bloom, to approve Settlement No. 9179 (CCS) in the amount of $48,500. The motion was approved by the following vote: February 23, 2010 AYES: Councilmembers Bloom, Holbrook, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: None 2-F: Conference with Legal Counsel -Existing Litigation: Chlubna et al. v. City of Santa Monica, USDC Case No. CV09- 5046 CBM (Ex). ACTION: Heard. No reportable action taken. 2-G: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1) ): two cases: 2510 7th Street; 1950 Cloverfield Blvd. ACTION: Heard. No reportable action taken. 2-H: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1): two cases. ACTION: Heard. No reportable action taken. 2-I: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (2): one case. ACTION: Not Heard. 2-J: Conference with Real Property Negotiators Property: 1654 19th Street City Negotiator: Andy Agle, Director Housing and Economic Development Under Negotiation: Price and Terms Lessee of Record: Guntram and Liane Ossa Trust ACTION: Not Heard. 6 February 23, 2010 2-K: Conference with Real Property Negotiators Property: 1336 Fifth Street City Negotiator: Andy Agle, Director Housing and Economic Development Under Negotiation: Lease Modification Lessee of Record: Hershey Associates ACTION: Not Heard. 2-L: Anticipated Litigation: Initiation of Litigation pursuant to Section 54956.9(c): 1654 19th Street. ACTION: Not Heard STUDY SESSION: 3-A: Review and provide input on the Walker Parking Study WALKER PARKING Implementation Plan, was presented. STUDY Member of the public Kathleen Rawson spoke in support of the Plan. After discussion, on order of the Mayor Pro Tem, the information was received and filed. SPECIAL AGENDA 4-A: Appointment of Applicant to Unscheduled Vacancy on the ITEMS: City Council; or, Adoption of Resolution Calling a Special COUNCIL VACANCY Election to Fill Vacancy through November 2012 - recommendation to consider the applicants that have declared their interest in being appointed to the unscheduled vacancy on the City Council and make an appointment to fill the Council vacancy; or adopt a resolution calling a special election to fill the vacancy, and direct staff to return with an ordinance establishing election procedures for the conduct of the special election, was presented. The following members of the public commented on the pros and cons of an appointment v. an election and on their preference for a candidate: Pro Se, Vincent Garofalo, Tricia Crane, John Petz, Jeannie Laurie, Robert Kronovet, Valerie Griffin, Joanne Curtis, Monika Bialas, Zina Josephs, Dr. B. Devgan, Manju Devgan, Albin Gielicz, Sally Allen, Meyera Robbins, Jim Ries, Jerry Rubin, Linus Baskauskas, Leah Mendelsohn, Oscar de la Torre, and Ellen Brennan. Discussion ensued on the merits of appointing an applicant or of holding a special election. On order of the Mayor Pro Tem, the floor was opened for nominations. 7 February 23, 2010 Councilmember McKeown nominated Ted Winterer. Councilmember Bloom nominated Terry O'Day. Councilmember Davis nominated Jennifer Kennedy. No one was appointed for lack of a majority vote as follows: Winterer: Councilmembers Shriver, McKeown O'Day: Councilmembers Bloom, Holbrook Kennedy: Councilmember Davis Abstain: Mayor Pro Tem O'Connor Councilmember Holbrook nominated Terry O'Day. Councilmember McKeown nominated Ted Winterer. Councilmember Davis nominated Jennifer Kennedy. No one was appointed for lack of a majority vote as follows: Winterer: Councilmembers Shriver, McKeown O'Day: Councilmembers Bloom, Holbrook, Mayor Pro Tem O'Connor Kennedy: Councilmember Davis Councilmember McKeown nominated Ted Winterer. Councilmember Bloom nominated Terry O'Day. Councilmember Davis nominated Jennifer Kennedy. No one was appointed for lack of a majority vote as follows: Winterer: Councilmembers Shriver, McKeown O'Day: Councilmembers Bloom, Holbrook, Mayor Pro Tem O'Connor Kennedy: Councilmember Davis Councilmember McKeown nominated Jennifer Kennedy. Councilmember Shriver nominated Ted Winterer. Councilmember Bloom nominated Terry O'Day. No one was appointed for lack of a majority vote as follows: Winterer: Councilmembers Shriver O'Day: Councilmembers Bloom, Holbrook, Mayor Pro Tem O'Connor Kennedy: Councilmembers McKeown, Davis February 23, 2010 RECESS On order of the Mayor Pro Tem, the City Council recessed at 8:31 p.m., and reconvened at 8:42 p.m., with all members present. At the request of Councilmember Holbrook, a roll call was called for a vote on a candidate: Councilmember McKeown voted Ted Winterer. Councilmember Shriver voted Oscar de la Torre. Councilmember Davis voted Jennifer Kennedy. Councilmember Holbrook voted Terry O'Day. Councilmember Bloom voted Jennifer Kennedy. Mayor Pro Tem O'Connor voted Terry O'Day. Councilmember McKeown requested to change his vote to Jennifer Kennedy, for a total of three votes for Ms. Kennedy. Councilmember Holbrook nominated Terry O'Day. Councilmember Shriver nominated Ted Winterer. Councilmember Davis nominated Jennifer Kennedy. No one was appointed due to lack of a majority vote, as follows: Terry O'Day: Councilmembers Holbrook, Bloom Ted Winterer: Councilmember Shriver Jennifer Kennedy: Councilmembers McKeown, Davis, Mayor Pro Tem O'Connor Discussion ensued. At the suggestion of the City Manager and the order of the Mayor Pro Tem, Councilmembers were asked to rank their top two preferences, as follows: Councilmember McKeown: Ted Winterer, Jennifer Kennedy Councilmember Shriver: Ted Winterer, Terry O'Day Councilmember Davis: Jennifer Kennedy, Jim Ries Councilmember Holbrook: Terry O'Day, Oscar de la Torre Councilmember Bloom Terry O'Day, Jennifer Kennedy Mayor Pro Tem O'Connor Terry O'Day, Jennifer Kennedy Councilmember McKeown nom inated Jennifer Kennedy. Councilmember Shriver nominated Terry O'Day. Terry O'Day was appointed by a majority vote, as follows: 9 February 23, 2010 Jennifer Kennedy: Councilmembers Davis, McKeown Terry O'Day: Councilmembers Bloom, Holbrook, Shriver, Mayor Pro Tem O'Connor APPOINTED COUNCIL City Clerk Maria M. Stewart administered the oath of office to newly MEMBER SWORN IN appointed Councilmember Terry O'Day. Councilmember O'Day assumed his seat. ROLL CALL OF NEWLY- On order of the Mayor Pro Tem, the City Clerk called the roll of the CONSTITUTED City Council as newly-constituted, with all members present. On COUNCIL order of the Mayor Pro Tem, the regular City Council meeting continued. ORDINANCES: 7-A: Introduction and first reading of an ordinance adding HEARING OFFICER Chapter 1.14 to the Municipal Code relating to Hearing Officer AUTHORITIES Authorities and Decisions, was presented. There was no one present for public comment. Motion by Councilmember McKeown, 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 Bloom, O'Day, Holbrook, Davis, McKeown, Shriver, Mayor Pro Tem O'Connor NOES: None ABSENT: None GROUND FLOOR 7-B: Introduction and first reading of an ordinance amending GENERAL OFFICE USE Section 9.04.08.16.020 of the Municipal Code to authorize the re- establishment of a ground floor general office use following a property's use by a charitable, youth or welfare organization, was presented. Member of the public Lise Luttgeus spoke in support of the proposed ordinance. Motion by Councilmember McKeown, 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: 10 February 23,2010 AYES: Councilmembers Bloom, O'Day, Holbrook, Davis, McKeown, Shriver, Mayor Pro Tem O'Connor NOES: None ABSENT: None USE OF MEDIAN STRIPS 7-C: Introduction and first reading of an ordinance amending AND PARKWAYS Municipal Code Section 4.20.010 relating to the use of median planting strips and parkways, was presented. Members of the public John Ketcham, Pamla Savatt, Steven Kiralla, Terry Sanders, Dale Launer, Mark Lindee, and Elaine Culotti commented on various aspects of the proposed ordinance, and in support of its adoption. Members of the public Kathy Yore, Rebecca Lett and Michael Cohen spoke in opposition to limiting use of the facilities. Motion by Councilmember Shriver. seconded by Councilmember Davis, to introduce ordinance for first reading, amended to prohibit exercise equipment on the sidewalks, although bikes may be allowed on the parkway, and with direction to staff to use coordinated enforcement for clearing the affected street, easing into compliance from the residents, possibly closing the stairs at night, and conferring with the Coastal Commission for appropriateness of City action. Staff was also directed to return with analysis and information on addressing side-walk blocking. City Attorney Moutrie read into the record the resulting language from the amendment as follows: "No person shall place or use any exercise, physical therapy, or similar equipment on the 4"' Street median, strip, or 4"' Street parkways. This prohibition shall not apply to parking bicycles." The ordinance was introduced reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Bloom, O'Day, Holbrook, Davis, McKeown, Shriver, Mayor Pro Tem O'Connor NOES: None ABSENT: None 11 February 23, 2010 RECONVENE SPECIAL On order of the Mayor Pro Tem, the regular City Council meeting was JOINT MEETING : recessed, and the Special Joint Meeting with the Redevelopment Agency was reconvened at 10:05 p.m., with all members present. PICO BRANCH 8-A: Design Contract for Pico Branch Library- recommendation LIBRARY. for City Council to affirm Virginia Avenue Park (VAP) as the appropriate site for a new Branch Library to serve the Pico Neighborhood; authorize the City Manager to negotiate and execute Agreement No. 9180 (CCS) with Koning Eizenberg Architecture for design and bid preparation documents for the Pico Branch Library at VAP, for an amount not to exceed $882,590 (includes a 10% contingency); authorize the City Engineer to issue any necessary change orders to complete additional work within budget authority; and that the Redevelopment Agency authorize the Executive Director to execute Reimbursement Agreement No. 9181 (CCS/RAS) between the City and the Redevelopment Agency for costs associated with this scope of work described above, was presented. Members of the public Catherine Eldridge and Zina Josephs proposed a different location for the proposed Pico Branch Library. Motion by Councilmember Bloom. seconded by Councilmember Gleam to approve City Council recommendation, amended to direct staff to consider community rooms and office space in the design, to minimize use of park space and space used for parking, and the option and cost of underground parking. The motion was approved by the following vote: AYES: Councilmembers Bloom, O'Day, Holbrook, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: None Motion by Chair Pro Tem O'Connor, seconded b~gency Member Davis, to approve the recommendation for the Redevelopment Agency. The motion was approved by the following vote: AYES: Agency Members McKeown, Shriver, Davis, Holbrook, O'Day, Bloom, Chair Pro Tem O'Connor NOES: None ABSENT: None 12 February 23, 2010 ADJOURNMENT OF On order of the Chair/Mayor Pro Tem, the joint meeting of the City JOINT MEETING: Council and Redevelopment Agency was adjourned at 10:32 p.m., and the regular City Council meeting was reconvened, with all members present. CARSHARING 8-B: Proposed Plan to establish a Carsharing Program PROGRAM (Program) -recommendation to direct staff to issue a request for proposals for the operation of a pilot Program; authorize, in concept, the use of certain on and/or off-street parking spaces needed to support an active Program; authorize, in concept, the use of City resources to promote an active Program; and direct staff to draft an ordinance authorizing the reservation of on-street curb space for carsharing vehicles, was presented. There was no one present for public comment. Motion by Councilmember Bloom, seconded by Councilmember Davis, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Holbrook, O'Day, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: None COUNCILMEMBER 13-A: Annual appointment to one position on the Pier DISCUSSION ITEMS: Restoration Corporation for a term ending on November 10, 2013. ANNUAL APPOINTMENT On order of the Mayor, the floor was opened for nominations. Councilmember McKeown nominated Richard Gerwitz. Mr. Gerwitz was appointed by acclamation, with all members present. UNSCHEDULED 13-B: Appointment to one unscheduled vacancy on the Pier VACANCY Restoration Corporation for a term ending on November 10, 2010. On order of the Mayor, the floor was opened for nominations. Councilmember McKeown nominated Lori Nafshun. Ms Nafshun was appointed by acclamation, with all members present. 13 February 23, 2010 DEVELOPMENT 13-C: Request of Councilmember McKeown that Council direct AGREEMENTS staff to briefly forego bringing Development Agreements involving expansion, intensification, or change of use before the Planning Commission or City Council, until after the Land Use and Circulation Elements are adopted, so that DAs will be considered in public hearings according to the standards set forth in the new LUCE; but to continue processing DA applications as resources allow, to the extent that such resources are not diverted from timely completion of the LUCE, was presented. Members of the public Chris Harding, Ruth Sarnoff, Paul Kanan, Dale Goldsmith, Howard Robinson, Denise Barton, Valerie Griffin, Zina Josephs, Gress Heacock, Gwynne Pugh and Ken Kutcher commented on various aspects of the proposal including negative and positive impacts. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve request. The motion failed by the following vote: AYES: Councilmembers McKeown, Davis NOES: Councilmembers Shriver, Holbrook, Bloom, O'Day, Mayor Pro Tem O'Connor ABSENT: None PUBLIC COMMENT Members of the public Michael Toney, Denis Barton, Pro Se, Faith McDonald, and Ruth Sarnoff commented on various local issues. ADJOURNMENT: On order of the Mayor Pro Tem, the City Council meeting was adjourned at 11:58 p.m in memory of Mary Herczog. ~--~ ATTEST: APPROVED: Maria Stewart Pam O'Connor City Clerk Mayor Pro Tem 14 February 23, 2010