Loading...
M-060810CITY OF SANTA MONICA CITY COUNCIL. MINUTES JUNE 8, 2010 A regular meeting of the Santa Monica City Council was called to order by Mayor Shriver at 5:49 p.m., on Tuesday, June 8, 2010, at City Council Chambers, 16$5 Main Street. Roll Call: Present: Mayor Bobby Shriver Mayor Pro Tem Pam O'Coimor Councilmember Richard Bloom Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Terry O'Day Also Present: Assistant City= Manager Jennifer Phillips City Attorney Marsha Jones Moutrie City Clerk Maria Stewart CONYENE/PLEDGE On order of the Ikiayor, the City Council convened at 5:%19 p.m., with all members present. Councilmember McKeown led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: Members of the public Joey Fullmer and Jerry Rubin commented on various Consent Calendar items. Motion by Councilmember McKeown. seconded by Councilmember Davis, 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, O'Day, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Shriver NOES: None ABSENT: None MINUTES 1-A: The minutes of the May 11, 2010, City Council meeting were appro~.`ed as submitted. BBB SIGNAGE 1-B: Big Blue Bus Stop Real Time Signs - recommendation to authorize 1 June $, 2010 the City Manager to negotiate and execute a contract with Trapeze Group, in the amount of $1,992,110, to provide for the licenses, software integrations production, installation, and three-year support program for 96 real-time signs to be placed in new kiosks being created for the bus stop redevelopment program; and approve proposed appropriatian of funds, was withdrawn at the request of staff. 1943 - 1959 HIGH PLACE 1-C: Proposed Affordable Home Ownership Development at 1943 - 1959 High Place Grant Funding - reconmiendation to adopt Resolution 10481 No. (CCS} entitled, " A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING: THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE BUILDING EQUITY AND GROU'TH IN NEIGHBORHOODS {BEGIN) PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY OTHER RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE BEGIN PROGRAM"; execute Agreement No. 9223 (CCS) with the State and any other related documents necessary to participate in the BEGIN Program, was approved. SCULP'T'URE 1-D: Conservation of The Big Wave publie art sculpture at Wilshire, RESTORATION & Franklin -recommendation to authorize the City Manager to execute Contract No. 9224 (CCS} with Exclusive Welding, Inc., in the amount ah $75,000, for structural repair and restoration of the sculpture The Big Wave by Tony DeLap, was approved. HISTORICAL 1-E: Historic resaurce analysis services related to the Historical PRESERVATION Preservation Program Goals and Policies - recommendation to authorize PROGRAM the City Manager to negotiate and execute Contract No. 9225 {CCS) with PCR Services Corporation, in the amount of $38,000 for a total contract amount of $107,950, to provide professional services in the field of historic preservation, was approved. SCRUBBER-SWEEPERSl-F: Purchase of Scrubber-Sweepers-reconunendationto authorize the PURCHASE City Manager to negotiate and execute Lease Agreement No. 9226 (CCS} with Tennant Sales and Service Company, in the amount of $328,673 over a four yeaz term, to lease three scrubberlsweepers with a full maintenance agreement for four years for the Promenade Maintenance Division, was approved. BIODIESEL FUEL I -G: Renewal Option for Biodiesel Fuel - recommendation to authorize 2 June 8, 2010 City staff to exercise the first one year renewal option offered by General Petroleum Corporation, in an amount of $2,OSQ131, to supply and deliver biodiesel fuel blends to the Big Blue Bus Department and the Fleet Management Division during the period July 1, 2010 through June ~ 0, 2011, was approved. CLOSED SESSIONS: Member of the public Joey Fullmer commented on various closed session items. On order of the Mayor, the City Cotmcil recessed at 612 p.m., to consider closed sessions and reconvened at 7:12 p.m., to report the following action taken: 2-A: ConferencewithLegalCounsel-InitiationofLitigationpursuant to subdi~~ision (c) of Section 54956.9: lease -1901-1925-1933 S. Bundy, 12333 Olympic Blvd., Los Angeles. The City Attorney reported that this matter was not heard. 2-B: Conference with Legal Counsel - Anticipated Litigation: Initiation of Litigation pursuant to Section 54956.9c. (Califarnfa Regional Water Quality Control Board, Clean Up and Abatement OrderNTO. R4-2008-0034, Former Gillette Paper Mate facility, 1681 26th Street, Santa Monica, CA.) The City Attorney reported that this matter was not heard. 2-C: Conference with Legal Counsel - Existing Litigation: Interinsurance Exchange v. City of Santa Monica, Los Angeles Superior Court Case Number BC 410631. The City Attorney reported that this matter was not heard. 2-D: Conference with Labar Negotiator, City Negatiator: Donna Peter, Director of Human Resonrces BargainingdTnits: Coalition ofSanta Monica City Employees: Administrative Team Associates (ATA) Public Attorney's Legal Support Staff Union (PALSSU) Management Team Associates (MTA) Municipal Employees Association (A~IEA) Public Attorney's Union (PAL1) Santa 1Yloniea Firefighters, Local 1109 June 8, 2010 {sM~1"A) Supervisory Team Associates {STA) United Transportation Union, Local 1783 ACTION: The City Attorney reported that this matter was heard with no reportable action taken. 2-E: ConferencewithLegalC'ounsel-InitiationofLitigationpursuant to subdivision {c) of Section 54956.9: 2 cases ACTION: The City Attorney reported that this matter was not heard. 2-F: Conference with Legal Counsel -Existing Litigation: Griffin v. City of Santa Monica, United States District Court Case l~TO. CV 09-07545. ACTION: The City Attoriey reported that this matter was not heard. 2-G: Conference with Legal Counsel -Existing Litigation: Chlubna et al. v. Citv of Santa Monica, USDC Case No. CV09-5046 CBM (Ex). The City Attorney reported that this lawsuit, which was filed on July 1416 by several homeless persons (ACLU) against the City, has been voluntarily`;, dismissed with prejudice by the plaintiffs; that the City will not be changing any of its laws, practices, or policies and will not pay out any monies to the ACLU; that the parties have agreed to confirm their ongoing commitment to the following mutual principals when addressing issues ofhomelessness: all communities need to provide a reasonable amount of shelter beds and services; that no one should be forced out of a community because he/she is homeless; that doorway sleeping and homeless status should not be crimes; that communities need to engage in outreach to the mast vulnerable; and that public safety personnel should be adequately trained. Motion by Councilmember Bloom, seconded byMavor Shriven, to accept the terms of the resolution of the case. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Shriven NOES: Nane ABSENT: None 4 June 8, 2010 - 2-H: ConferencetivithLegalCounsel-Initiationoflitigationpursuant to Section 54956.9c {initiation of 1 case to collect transient occupancy taxes owing from on-line booking companies; retention of counsel). The Cit}' Attorney reported that this matter was not heard. 2-I: Conference with R Property: City Negotiator: Under Negotiation: Lessee of Record: eal Property Negotiator 1336 ; fifth Street Andy Agle, Dir., Housing & Economic Development Lease Negotiations Hershey The City Attorney reported that this matter w°as not heard. 2-J: ConferencewfithLegalCounsel-InitiationofLitigationpursuant to subdivision {c) of Section 54956.9: 1336 Fifth Street The City Attorney reported that this matter was not heard. CHANGE IIiT AGENDA Motion by Coimcilmember O'Dav, seconded b~avor Shriver, to hear Item HRDER 7-C after 9:00 p.m., to await the arrival of the Chair of the Task Force on the Environment The motion was unanimously approved by voice vote, with all members present. ORDINANCES: 7-A: Introduction and first reading of ordinance amending Municipal PLAN CHECK Code Chapter 8.08 related to time allocated for the processing of Plan APPLICATIONS ~c Check Applications and Building Permits, was presented. BUILDING PERMITS 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 McKeown, O'Day, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Shriner NOES: None ABSENT: None TAXICABS 7-B: Introduction and first reading of an ordinance amending Municipal Code Chapter 6.49 relating to taxicab franchises; and amending sections 6.04.110 and 6.04.160 regarding taxicabs, was presented.. ~ June 8.2010 Member ofthe public Denise Barton commented generally on the proposed ordinance. lblotion by Councilmember McKeown, seconded by Counciimember Bloom, 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, Holbrook, Davis, O'Day, McKeown, Mayor Pro Tem O'Connor, Mayor Shriver NOES: None ABSENT: None STAFF' ABMIN ITEMS: 8-A: Resolutions Calling the November 2, 2010 Municipal Election - 10TOVEMBER 2, 2010 recommendation to adopt Resolution No. 10482 {CCS) entitled, "A MUNICIPAL ELECTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING AND GIVING NOTICE FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, FOR ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE SANTA MONICA CITY CHARTER"; Resolution No. 10483 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE ,` COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL> MUNICIPAL ELECTION OF THE CITY OF SANTA MONICA TO BE HELD ON NOVEMBER 2, 2010, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO ELECTIONS CODE SECTION 10403' ; Resolution No. 10484 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010"; and Resolution No. 1048s' {CCS), approving entering inta Contract No. 9228 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY CLERK TO OBTAIN SPECIFIED SERVICES FOR THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2010", was presented. There was no one present for public comment. 6 June 8, 2010 Motion by Councilmember Holbrook, seconded by Councilmember Davis to adopt all resolutions, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Couneilmembers Bloom, Holbrook, Davis, O`Day, McKeown, Mayor Pro Tem O'Coimor, Mayor Shriver NOES: None ABSENT: None REPORTS OF BOARDS 10-A: Recommended Charter Changes from the Rent Control Board AND COMMISSIONS: broadening the scope of tenant protections - recommendation fiom the RENT CONTROL BOARD Rent Control Board that the City Council place two modifications to the Rent Control Charter Amendment on the November 2010 ballot to include changes to Section 1806 (the eviction section); to consider extending the just-cause eviction protections that apply to tenants living in controlled rental units to all tenants inmulti-unit residential properties, and to consider whether increases iu relocation benefits are warranted and that it ev-pand the class of recipients eligible for these benefits to include tenants of non-controlled units, was presented by Rent Control Board Commissioner Jennifer Kennedy. Members of the public Jerry- Rubin and Joy Fullmer commented generally in fati or of the proposed charter amendment. Discussion ensued on the proposal. The City Attorney commented that some of the goals in the proposal might be accomplished via an ordinance. Motion by Councilmember McKeown, seconded by Mayor Shriver, to direct staffto prepare the necessary ballot language and any applicable draft ordinances, taking in to consideration all comments received by Council. The motion was tnanimously approved by voice vote, with all members present. COUNCILMEMBER 13-A: Appointment to one unscheduled vacancy on the Arts DISCUSSION ITEMS: Commission for a term ending on June 30, 2011. UNSCHEDULED VACANCY On brder of the Mayor, this matter was continued to June 22, 2010. URBAN RUNOFF 7-C: Introduction and Drst reading of an ordinance to update and clarify Chapter 7.10, the Urban Runoff Pollution Control, was presented. Member of the public Jerry Rubin spoke in favor of the ordinance. June $, 2010 Considerable discussion ensued on the merits of the proposed ordinance... including mininnun performance standards being set for the Besj Management Practices (BMP} and whether the proposed language exempt City projects from the requirements for BMP's and fees. Motion by Councilrember McKeown. seconded by Councilmember Davis, that with the understanding that there will be minimum standards set for the BMP's, and the language is amended as suggested by the City Attorney's Office to include the BMP's fees for the City projects, to introduce ordinance for first reading, reading by title only and waiving further reading thereof. Considerable discussion ensued on the effects of the amendments to the motion. Assistant City Manager Jennifer Phillips answered goes#ions, provided information and other options to consider. Substitute motionbyMayor Shriver, seconded by Councihnember Holbrook, to introduce the ordinance as proposed by staff, amended to include the option, as provided by Ms. Phillips, that staff bring to Council reconstruction projects after requesting bids with two options: one with the normal process and a second bid including the fees that would otherwise be applicable with the amendment suggested by Councilmember McKeown in his motion, and present both bids to Council for evaluation and selection. After considerable discussion on the merits of the substitute motion and itc applicability, Mayer Shriver withdrew his motion. Substitute motion by Councilmember Bloom, seconded b~vor Shriver, to introduce the ordinance, amending it to include compliance by all municipal projects except those of a value of $1,000,000 or less; that for those projects staff to request two separate bids, with one bid including the BMF's and fees and one ~t~ithout them; and, with Council having the option of selecting from the tcvo bids. Senior Land Use Attorney Barry Rosenbaum read into the record language applicable to the amendment as follows: "Any municipal street, road and alley reconstruction project of $1,000,000 or more, excluding re-paving projects of existing roads, shall implement post-construction BMP's for green transportation infrastructure." Mr. Rosenbaum added two clerical corrections as follows: 1) on page 9 of the ordinance, subsection (c), the word "practices" after the word "permanent" should be struck; and 2} page 16 of the ordinance, subsection (z), the "5-year period" should be changed to `3-year period" to be consistent with a similar citation elsewhere in the ordinance. 8 June 8, 2010 The maker of the motion included the above language as part of the substitute motion. The substitute motion was approved by the following vote: AYES: Councilmembers O`Day, Davis, Holbrook, Bloom, 1~layor Pro Tem O'Connor, Mayor Shriver NOES: Councilmember McKeown ABSENT: None Councilmember McKeown stated, for the record, that his "nd' vote reflects he is not comfortable passing a law based on principles that the City has championed and then excepting itself from it. PI7Bi.IC COMMENT: Members of the public Denise Barton, commented on various local issues. ADJOURNMENT: On order of the Mayor, the City Cormcil m $:~6 p.m in memory of Norman Lacy, Jo7~ ATTE~ {\ Maria Stewart City Clerk Pro Se, and Michael Toney retina ~ adjotuned at rooden and Stephen Rivers. AP OVE Ulm Bo by Shiver Mayor 9 7time 8, 2010