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M-042710CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 27, 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, Apri127, 2010, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tem Pam O'Connor Councilmember Richard Bloom Councilmember Terry O'Day Councilmember Robert T. Holbrook Councilmember Gleam Davis Councilmember Kevin McKeown Councilmember Bobby Shriver (arrived at 6.•05 p. m.) Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie Acting City Clerk Beth Sanchez Acting City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order ofthe Mayor Pro Tem, the City Council convened at 5:50 p.m, with Councilmember Shriver absent. Councilmember O'Day led the assemblage in the Pledge of Allegiance. On order of the Mayor Pro Tem, and with consent of all members present, Councilmember Holbrook was designated as the Vice Chairto assist with the chairing of the Council meeting, as necessary. CONSENT CALENDAR: Member of the public Joey Fullmer commented on various Consent Calendar items. Motion by Councilmember Davis, seconded by Councilmember McKeown, to approve all items on the Consent Calendar as presented, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, O'Day, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmember Shriver April 27, 2010 MINUTES 1-A: The minutes of the March 23, 2010, City Council meeting were approved as submitted. LANDFILL GAS 1-B: Landfill Gas Extraction System services -recommendation to EXTRACTION SYSTEM authorize the City Manager to negotiate and execute a modification to Professional Services Agreement No. 8672 (CCS), with ICF International, in the amount of $212,000, for an additional year through March 31, 2011, to operate, maintain, and monitor the landfill gas extraction system at the City's Municipal Yard, was approved. BALLONA CREEK 1-C: Compliance with Implementation Plan for the Bacterial, Metals WATERSHED and Toxics Total Maximum Daily Load Requirements for Ballona Creek -recommendation to authorize the City Manager to negotiate and execute Memorandum of Agreement No. 9200 (CCS) with the City of Los Angeles to produce an Implementation Plan to comply with the Los Angeles Regional Water Quality Control Board's Bacterial, Metals and Toxics Total Maximum Daily Load requirements for the Ballona Creek Watershed; and approve expenditure of $3,511 to cover the cost of the MOA from the Measure V account, was approved. SIDE LOAD REFUSE 1-D: Purchase Three Automated Side Load Refuse Packer Units - PACKER UNITS recommendation to award Bid No. 2997, to Boerner Truck Center, in the amount of $810,107, for the purchase and delivery of three new and unused automated side load refuse packer units, for the Solid Waste Division, was approved. FRONT LOAD REFUSE 1-E: Purchase Three Front Load Refuse Packer Units - PACKER UNITS recommendation to award Bid No. 2998 to Boerner Truck Center, in the amount of $760,812, for the purchase and delivery of three new and unused front load refuse packer units, for the Solid Waste Division, was approved. FOOD CONCESSION 1-F: Hot Dog on aStick-recommendationto authorize the City Manager to negotiate and execute Concession Agreement No. 9201(CCS)withHDOS Enterprises (Hot Dog on a Stick) for operation of a food concession at 1633 Ocean Front Walk, was approved. PROFESSIONAL 1-G: Professional Assurance Services for Community Development ASSURANCE SERVICES Program - recommendation to authorize the City Manager to negotiate and execute professional services Agreement No. 9202 (CCS) with Levitt & Rosenblum, CPAs, in the amount of $150,000, to provide professional assurance services and fiscal evaluations ofnon-profit organizations funded by the City's Community Development Program, was approved. Apri127, 2010 WOODLAWN 1-H: Resolution modifying the name of the Woodlawn Cemetery - CEMETERY recommendation to adopt Resolution No. 10468 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE NAME OF THE WOODLAWN CEMETERY AND AUTHORIZING THE CEMETERY TO APPLY FOR MORTUARY LICENSE WITH THE STATE OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS TO OPERATE A FUNERAL ESTABLISIIMENT", was adopted. STATE PARKS ACCESSI-I: State Parks Access Initiative -recommendation to direct staff to INITIATIVE work with the City's lobbyist, other impacted local entities and officials of the State Department of Parks and Recreation to ensure that the interests of the City as operators of the Santa Monica State Beach are protected Councilmember Shriver under the proposed State Pazks Access Initiative, was approved. arrived at 6.•OS p. m. CLOSED SESSIONS: Members of the public John Steinbrun, Nancy Kamin, Jesse Bornstein, Lisa Hughes, Cindy Hammer, Leslie Neale, and Rob Goldberg expressed concerns regarding Item 2-C. On order of the Mayor Pro Tem, the City Council recessed at 6:17 p.m., to consider closed sessions and reconvened with all members present at 7:23 p.m., to report the following action taken: 2-A: Conference with pr Property: City Negotiator: Under Negotiation: Owner of Record: operty negotiator: 1301-33 Fourth Street Andy Agle, Dir., Housing & Economic Dev. Terms of Purchase Virginia Tegner Spurgin Investment Co., LLC, Karl L. Schober, et. al ACTION: The City Attorney reported this matter was heard and no reportable action was taken. 2-B: Conference with property negotiator: Property: 165419`h Street City Negotiator: Andy Agle, Dir, of Housing & Economic Dev. Under Negotiation: Terms of Purchase Owner of Record: Guntram and Liane Ossa Trust ACTION: The City Attorney reported this matter was heard and no reportable action was taken. 3 April 27, 2010 2-C: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b): 2510 7th Street ACTION: The City Attorney reported this matter was heard and no reportable action was taken. 2-D: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1); and Initiation of Lifigation pursuant to Government Code Section 54956.9(c): Benevolent and Protective Order of Elks, Block 16 of the Woodlawn Cemetery. ACTION: The City Attorney reported this matter was heard and no reportable action was taken. 2-E: Conference with Legal Counsel -Existing Litigation: Ci of Santa Monica v. B1ackRock et al, Los Angeles Superior Court Case Number SC106784. ACTION: The City Attorney reported this matter was heard and no reportable action was taken. 2-F: Conference with Legal Counsel -Existing Litigation: Verizon California Inc. v. City of Santa Monica, Los Angeles Superior Court Case Number SC103614 Motion by Councihnember McKeown, seconded by Councilmember Bloom, to approve Settlement No. 9203 (CCS), in the amount of $106,320.27. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Holbrook, O'Day Bloom, Mayor Pro Tem O'Connor NOES: None ABSTAIN: Councihnember Davis ABSENT: None Councilmember Davis stated for the record that she abstained because she did not participate in the closed session discussion due to the fact that she is employed by another telephone company and, although the utility is not apart of this litigation, being cautious, she refrains from participating in the discussion. 4 Apri127, 2010 2-G: Conference with Legal Counsel -Existing Litigation: Shakarian v. City of Santa Monica, Los Angeles Superior Court Case Number SC104728 Motion by Councilmember Davis, seconded by Councilmember Bloom, to approve Settlement No. 9204 (CCS) in the amount of $25,000. 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 2-H: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1): In the Matter of Operating Industries, Inc. Site, U. S. EPA Docket 2010-04. Motion by Councilmember Holbrook, seconded by Councilmember McKeown, to approve Settlement No. 9205 (CCS) in the amount of $99,581. 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 2-I: Conference with Legal Counsel -Existing Litigation: Chlubna et al. v. Citv of Santa Monica, USDC Case No. CV09-5046 CBM (Ex). ACTION: The City Attorney reported this matter was heard and no reportable action was taken. SPECIAL AGENDA 4-A: A commendation to the SAMOHI's Girls Basketball Team for ITEMS: winning the CIF championship, was presented by Mayor Pro Tem O'Connor. ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2310 (CCS) DEVELOPMENT entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AGREEMENT -SAINT SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT MONICA'S HIGH BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL SCHOOL CAMPUS CORPORATION, THE ARCHDIOCESE OF LOS ANGELES EDUCATION AND WELFARE CORPORATION AND THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES",approving Development Apri127, 2010 Agreement No. 9206 (CCS) for a campus enhancement and parking..;--- improvementplan for the St. Monica Catholic Community ,was presented.) There was no one present for public comment. Motion by Councilmember Holbrook, seconded by Councilmember Davis, to adopt ordinance, reading by title only and waiving further reading thereof. 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 COOPERATIVE 7-B: Introduction and first reading of an ordinance amending APARTMENT the definition of "Cooperative Apartment" in Municipal Code Section 9.20.02.050(g), subject to the subdivision regulations of the Santa Monica Municipal Code and adding Section 4.32.130(c)(4) providing for an occupancy permit for property owned as an undivided interest of land coupled with the unrecorded agreement for the exclusive right of occupancy of four or fewer units following withdrawal under the Ellis Act, was presented. There was no one present for public comment. Motion by Councilmember Holbrook, seconded by Councilmember O'Dav, 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,0'Day, Holbrook, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: None 8-A: Discussion of Development Agreement Concept Plans for STAFF ITEMS: Agensys, Inc. Project at 1800 Stewart Street -recommendation that 1800 STEWART STREET Council review and comment on Agensys, Inc.'s Development Agreement proposal; direct staff to pursue the Development Agreement negotiation process; and, provide direction for negotiating potential public benefits, appropriateness, and design alternatives identified by the Planning Commission and staff, was presented. Speakers Paul Cannon, Carlos, and Dale Goldsmith, representing 6 Apri127, 2010 Agensys, Inc., made a presentation in support of the proposal. Members of the public Catherine Eldrige, Jerry Rubin, Kent Strumpell, Bazbaza Filet, Michael Tarbet, Ted Winterer, and Dennis Zane commented on various aspects of the proposal. Discussion ensued on the merits of the proposal. Motion by Councilmember Bloom. seconded by Councilmember McKeown, to direct staff to continue the Development Agreement negotiations prioritizing the creation of a robust local jobs program; to further study the bike lane aspect; the potential of locating a car sharing plan; provide way finding signage on the site; add an enhanced transportation management program, and include a cafe that is accessible to the public, in addition to recommendations by the Planning Commission and staff. Motion to amend was made by Councilmember McKeown to add to the list proactive community involvement and outreach to neighborhood groups. The motion was accepted as friendly to the maker of the main motion. Motion to amend by Councilmember Davis, to request the developer establish a single point-of-contact in the community during the construction phase and afterwards. The motion was accepted as friendly to the maker and seconder of the main motion. Discussion ensued on .the merits of the motion. Mayor Pro Tem O'Connor request adding to the priorities a Youth Education in Sciences Program with Santa Monica High School or Santa Monica College. The Mayor Pro Tem's request was accepted as friendly by the maker and seconder of the main motion. The motion, as amended, was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Holbrook, O'Day, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: None 7 Apri127, 2010 OCEAN PARK BLVD. 8-B: Ocean Park Boulevard Concept Design Approval - PROJECT recommendation to: approve the integrated design for the Ocean Park Blvd "Complete Green Street" project; adopt Resolution No. 10469 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING OCEAN PARK BOULEVARD IMPROVEMENTS PROJECT FOR PROPOSITION 1 B FUNDING" and, directed the City Manager to negotiate and execute professional services Agreement No. 9207 (CCS) with Kimley-Horn and Associates, in the amount of $495,000, to provide the remaining schematic design and construction documentation, was presented. Members of the public, Bob Taylor, Dennis Allard, Jeff Jarow, Jerry Rubin, David Auch, Lori Nafshun, Ted Winterer, Pauline Bohannon, Michael Feinstein, and Richard McKinnon spoke in support of the recommendation. Motion by Councilmember McKeown, seconded by Councilmember Shriver, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, O'Day, Holbrook, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: None 20'$ STREET & 8-C: Concept Design for 20th Street & Cloverfield Boulevard CLOVERFIELD BLVD. Improvement Project -recommendation to: approve the refined PROJECT streetscape concept designs for the Project; and, authorize the City Manager to negotiate and execute a modification to Contract No. 8581(CCS) with Ahbe Landscape Architects, in the amount of $175,000 for a total contract amount of $625,000, to include additional streetlight circuit upgrades and traffic signal modifications, was presented. Members of the public Art Casillas, Michael Cahn, and Kent Strumpell commented on various aspects of the recommendation. Motion by Councilmember McKeown. seconded by Councilmember Bloom, to approve recommendation. The motion was approved by the following vote: AYES: Councihnembers McKeown, Shriver, Davis, Holbrook, O'Day, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: None 8 Apri127, 2010 PUBLIC HEARINGS: 9-A: Big Blue Bus Fare Restructuring and Strategies to Reduce BBB FARE Structural Deficit -recommendation to hold a public hearing and RESTRUCTURING receive public comment; approve changing the Big Blue Bus base fare from $0.75 to $1.25 and other proposed discounted fare adjustments effective August 29, 2010; and authorize the City Manager to negotiate and execute Agreement No. (CCS) with L.A. County Metropolitan Transportation Authority (Metro) to participate in the Rider Relief Transportation Program, was presented. Members of the public Joey Fullmer, Pro Se, Denise Barton, Louisa Fish, Chuck Levin, Deremy McGowen, Vince Slevin, Jung Gatoona, Jeny Rubin, Freida Dubin, Dennis Zane, Richard McKinnon, and Brian Hutchings commented on various aspects of the proposed fare restructuring. Discussion ensued on the merits of the recommendation. Motion by Councilmember McKeown, seconded by Councilmember O'Day, to continue this item and remand the recommendation to staff to come back with a revised proposal based on Council feedback, including other revenue options, specific scenarios showing the impact of service reductions, a better understanding and distribution of the day pass, and other strategies to help reduce the structural budget deficit. The motion was approved was approved by the following vote: AYES: Councilmembers Bloom, O'Day, Davis, Shriver, Mayor Pro Tem O'Connor NOES: Councilmember Holbrook ABSENT: None CONTINUING PAST Motion by Councilmember McKeown, seconded by Councilmember 11:00 P.M. Davis, to continue with the remaining agenda items. The motion was approved by voice vote, with Councilmember Shriver opposed. COUNCILMEMBER 13-A: Appointment to one unscheduled vacancy on the Recreation DISCUSSION ITEMS: & Parizs Commission for a term ending on June 30, 2012. UNSCHEDULED On order of the Vice Chair, the floor was opened for nominations. VACANCY Councilmember McKeown nominated Richard McKinnon Councilmember Holbrook nominated Jean McNeil Wyner. Mr. McKinnon was appointed by the following vote: 9 Apri127, 2010 McKinnon: Councilmembers Bloom, O'Day, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor Wyner: Holbrook Councilmember Holbrook requested to change his vote to Mr. McKinnon. Thereby appointing Mr. McKinnon by a unanimous vote. Councilmember Shriver and Mayor Pro Tem O'Connor excused herself from the meeting and Mayor Pro Tem O'Connorrequested Councilmember Holbrook to chair the remainder of the were excused at Il: 58 p. m. meeting. Councilmember Holbrook assumed the Chair. BEEKEEPING 13-8: Request of Councilmember McKeown, pursuant to a recommendation of the City's Task Force on the Environment, that the Council direct staff to evaluate amendment or repeal of Municipal Code 4.04.130, regarding beekeeping, and return to Council with recommendations for possible action, was presented. Members ofthe public David Williams and Brian Hutchings commented on various aspects of the recommendation. Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve recommendation. The motion was unanimously approved by the voice vote, with Councihnember Shriver and Mayor Pro Tem O'Connor absent. HOUSING -RELATED 13-C: Request of Councilmember McKeown that the Council LEGISLATION authorize City of Santa Monica support for two housing-related bills in the state legislature: AB2337 (Ammiano), prohibiting Ca1PERS/CaISTRS investments in companies that operate "predatory equity schemes" designed to profit from practices that displace tenants from rent-controlled housing; and AB2743 (Nava), prohibiting landlords from establishing rental policies that require tenants or potential tenants to have pet animals devocalized or declawed, was presented. Member of the public Brian Hutchings commented on various aspects of the recommendation. Motion by Councilmember McKeown, seconded by-Councilmember Davis, to approve recommendation. The motion was unanimously approved by the voice vote, with Councilmember Shriver and Mayor Pro Tem O'Connor absent. RESIGNATION 13-D: Recommendation to accept Rebecca Holbrook's resignation 10 Apri127, 2010 from the Arts Commission and authorize the City Clerk to publish the vacancy, was presented. Motion by Councihnember McKeown, duly seconded, to approve recommendation. The recommendation was approved by voice vote, with Councilmember Shriver and Mayor Pro Tem O'Connor absent. PUBLIC COMMENT: Members ofthe public Pro Se, Denise Barton, Louisa Fish, Mohammed Pourrastegaz, Neil Evans, Vic Kakosian, Samuel Tesseme, Tejeri Abebe, Getahun Asfaw, Tesfaye Wodeneh, Christine Redlin, Won Kang, Nick Robison, David Shapiro, George Nazarian, Marilyn Weigner, Ellen Poghosyan, and Brian Hutchings commented on various local issues. ADJOURNMENT: On order of the Vice Chair, the City Council meeting was adjourned at12:39 a.m, in memory of John Kissinger. ATTEST: Denise Anderson-Warren Acting City Clerk APPROVED: Pam O'Connor Mayor Pro Tem ,-, ~; Bob Holbrook Interim Vice Chair 11 Apri127, 2010