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M-062210CITY OE SANTA IVIONICA CITY COUNCIL MINUTES JL'1vE zz, zalo A regidar meeting of the Santa Monica City Council was called to order by Mayor Shriver at 5:47 p.m., on Tuesday, Jwre 22, 2010, at City Council Chambers, 1685 Main Street. Roll Call: Present Mayor Bobby Shriver Mayor Pro Tem Pam O'Connor (arrived at 5:59 p.m.} Coumcilmember Richard Bloom Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Terry O'Day {arrived 6124/10 - 6:40 p.m.) Also Present: Assistant City Manager Jennifer Phillips City Attorney Marsha Jones Moutrie City Clerk i44aria Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:47 p.m., with Councilmember O'Day and Mayor Pro Tem O'Connor absent. Councilmember Bob Holbrook led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: There being a Consent Calendar for each the City Council and the Redevelopment Agency, on order of the Mayor, and with the consensus of Coumcilmembers, the Council convened to a joint meeting with the Redevelopment Agency and the tcvo Consent Calendars were heard concurrently. Members of the public Denise Barton, Joey Fullmer, Jerry Rubin, and Pro Se commented on various Consent Calendar items. At the request of Mayor Shriner, Item 1-E was removed from the Consent Calendar. At the request of Councilmember Bloom, Item 1-O was removed from the Consent Calendar. Motion by A<~ency(Councilmember Holbrook, seconded b~gencvl June 22, 2010 Councilmember McKeown, to approve all items on the Consent Calendar as presented except items 1-D and 1-O, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: AgencylCouncilmembers Bloom, Holbrook, Davis, McKeown, Chair/Mayor Shriner NOES: None ABSENT: Agency/Councilmember O'Day, Chair Pro Tem/Nlayor Pro Tem O'Connor MINITTES 1-A: The minutes of the May 25, May 26, and May 27, 2010, Citp Council meetings were approved as submitted. SWEEPERS PURCHASE 1-B: Purchase service and parts for Promenade maintenance sweepers -recommendation to authorize an increase of a purchase order issued to Tennant Sales and Service Company, in the amount of $52,925 for a total purchase order of $148,775, to provide preven#ive maintenance and parts for five units, was approved. LEGAL NOTICES 1-C: Award bid to publish City's legal noticcs - reconunendation to award a bid to the Santa Monica Daily Press to publish the City's legal notices for fiscal year 2010-11, pursuant to the requirements of Section 609 of the City Charter, was approved. LEGAL SERVICES 1-E: Provision of legal services -recommendation to authorize the City Manager to negotiate and execute a second amendment to Contract No. 9084 (CCS) with Liebert Cassidy Whitmore, in the amount of $255,000, to provide legal services regarding disciplinary matters, was approved. REED PARK 1-F: Reed Park Open Space Improvements Project - recommendation to authorize the City Manager to negotiate and execute construction Contract No. 9229 (CCS) with Acon Deaelopment, in the amount of $815,000, for construction of the Project, was approved. WOODLAWN 1-G: Woodlawn Cemetery Office Conversion Projeet - CEMETER~' recormmendation to authorize the City Manager to negotiate and execute design-build Contract No. 9230 (CCS) for preconstruction and constnuction services, with Carrier Mausoleum Construction, in the amotmt of $315,270, for the project, was approved. PLANNING SERVICES 1-H: Provision of planning code enforcement, plan check, inspection 2 June 22.2010 and permit administration services -recommendation to authorize the City Manager to negotiate and execute an aniendment to Contract No. 8800 (CCS) with 7AS Pacific, in the amount of $662,000, for additional plamring services, was approved. RENTAL AND 1-I: Uniform and floor mat rental and cleaning services - CLEANINC SERVICES recommendation to award Bid No. 2952 to Aramark Uniform Services, in the amount of $639,348 over a 7-year term, for uniform and floor mat rental and cleaning services,ivas approved. RENEWABLE 1-J. Purchase of renewable electricity for City electric accounts - ELECTRICITY recommendation to authorize the City Manager to negotiate and execute an amendment to Contract 8604 (CCS), with Cormneree Energy, for the purchase of renewable electricity through September 30, 2010; and negotiate and execute Agreement No. 9231 (CCS) with Commerce Energy for the electric accounts transferred to direct acces, was approved. BBB FARE CARDS 1-K: Big Blue Bus "Bakers Dozen" fare Bards - recommendation to approve the price correction for Regular, Non-Express Baker's Dozen Fare Card from $15 to $12, was approved LEASE AGREEMENT 1-L: Lit Services Lease Agreement with Ocean Ave LLC dba Fairmont Miramar Santa Monica (use of City's dark fiber for delivering electronic data) -recommendation to authorizE the City Manager to negotiate and execute Agreement No. 9232 (CCS) with Ocean Ave LLC for the lease of Lit Services, in an amotmt not less than $13.440 per year titi~flr two annual renewal options; and to negotiate and execute Lit Services lease agreements with other interested parCies should those opportunities exist, was approved. PALISADES GARDEN 1-M: Palisades Carden i'Valk and Town Square Project Community WALK AND TOWN Engagement Strategy -recommendation to approve the proposed SQUARE community engagement strategy for the design of the Project and direct staff to proceed with its implementation according to the proposed time line, was approved. TWILIGHT DANCE 1-N: Parking Operations Ptan for 2010 Twilight Dance Series SERIES CONCERTS Concerts -recommendation to approve a $10 event rate for the Central Beach Zone beginning at x:00 p.m. on Thursday nights July 8, 2010 to September 2, 2010; and adopt Resolution No. 10496 (CCS) authorizing parking past sunset in support of the Twilight Dance Series in all Beach Lots, was approved. June 22, 2010 I-If?1VIELESS SERVICRS 1-D: Intervention and ontreach services to homeless persons - recommendation to authorize the City Manager to negotiate and execute I, ~1~layor Pro Z'em O'Connor an amendment to Contract No. 89b3 {CCS) with The West Coast Care arrived cat 5.•59 p. na. Foundation, in the amaunt of $246,250, for intervention and outreach services for the homeless, was presented. Mayor Shriner advised he removed this item from the Consent Calendar to hear from staff how may people are being served and at what cost. Captain Al Venegas replied to questions fiom Councilmembers and provided additional information. Motion b~yor Shriner. seconded by Cauncilmember Bloom, to approve the recamtnendation, as amended. The motion was approved by the follotiving vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom Mayor Pro Tem O'Connor, Mayor Shriner NOES: None ABSENT: Cotmcilrnember O'Day FREEWAY CAPPII9TG ~ 1-O: BRIDGIgqNTTG; PAqL~ISADES GARDEte WALS1j ~®Wl\ SQIJARE PRD3EC'TS Downtown/Civic Center Freeway Caggring and Bridging, and Palisades Garden Walk & 'Down Square Projects -recommendation that City Council and the Redevelopment Agency {Agency) adopt Resolution Nos. 10497 (CCS}, 10498 (CCS), 522 (RAS), and 523 (RASj finding the use of funds from the Redevelopment Agency for design and construction bid document preparation costs assoeiated with the Freeway Capping and Bridging and with the Palisades Garden Walk & Town Square Projects to be of benefit to the Earthquake Recovery Redevelopment Project Area; authorize the City Manager/Executive Director to execute Agreement Nos. 9233 (CCS/RAS) and 9234 {CCSlRAS) between the City and the Agency for payments of the associated costs for both projects; authorize the City ManagerlExecutive Director to execute amendments to Reimbursement Agreement No. 7117 (CCSlRAS) to clarify that reimbursements are in accordance with the annual adopted budget and the Schedule of Redevelopment Reimbursements to the General Ftmd; and adopt Resolution Nos. 10499 (CCS) and 524 (RAS) amending Resolution Nos. 10410 (CCS) and 517 (RAS) to reflect all administrative charges related to the planning and design of Redevelopment Agency-funded capital improvement projects, was presented. 4 June 22, 2010 AgencylCouneilmember Bloom advised he removed this item from the Consent Calendar to ask for an information report on the general subject of freeway capping. Staff replied to Agency/Councilmember Bloom's questions. Motion by AgencylCouncihnember Bloom, seconded by Aeenc~ Councilmember Davis, to approve the recommendation. The motion was approved by the following vote: AYES: AgencyiCouncilmembers McKeown, Davis, Holbrook, Bloom, Chair Pro Tem/Mayor Pro Tem O'Connor, Chair/Mavor Shriver NOES: None ABSENT: Agency/Councilmember O'Day ADJOURNMENT OF On order of the Mayor, the joint meeting with the Redevelopment Agency JOINT MEETING was adjourned at 6:05 p.m., and the regular City Council meeting was reconvened with Councilmember O'Day absent. CLOSED SESSION: On order of the Mayor, the City Council recessed at 6:21 p.m, to consider closed sessions and reconvened at 7:00 p.m., with Councilmember O'Day absent, to report the following action taken: 2-A: Conference with Legal Counsel -Initiation of Litigation pursuant to subdivision {c) of Section 5=4956.9: 1case - 1901-1425-1933 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. (California Regional Water Quality Control $oard, Clean Up and Abatement Order No. R4-2008-0034, Eormer Gillerte Paper Mate facility, 1681 26th Street, Santa Manica, CA.j The City Attorney reported that this matter was not heard. 2-C; Conference with Legal Counsel -Initiation of Litigation pursuant to subdivision {c) of Section 54956.9; 1 case On order of the Mayor, this meeting to be continued to Thursday, at b30 p.m., to continue discussion on the above closed session, Item 2-D. June 22, 2010 2-D: Conference with Legal Counsel -Initiation of litigation pursuant to Section 5d956.9c (initiation of 1 case to collect transient occupancy tales owing from on-line booking companies; retention of counsel). The City Attorney reported that this matter was not heard. ORDINANCES: 7-A: Second readuag and adoption of Ordinance No. 2314 {CCS} PLAN CHECK entitled. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY APPLICATIONS & OF SANTA MONICA AMENDING CHAPTER 8.08 THE SANTA DUILDINti PEI2iYIITS MONICA MUNICIPAL CODE RELATED TO TIME ALLOCATED FOR THE PROCESSING OF PLAN CHECK APPLICATIONS AND BUILDING PERMITS", was presented. Motion by Cozuccihnember McKeown, seconded by Councilmember Davis, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, McKeown, Mayor Pro Tem O'Connor, Mayor Shriver NOES: None ABSENT: Couneilmember O'Day TAXICABS 7-B: Second reading and adoption of Ordinance No. 2315 {CCS} entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6.49 OF ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE RELATING TO TAXICAB FRANCHISES; AND AMENDING SECTIONS 6.04.110 AND 6.04.160 OF ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE REGARDING TAXICABS", was presented. Motion by Mayor Shriven, seconded by Mayor Pro Tem O'Connor, Tc adopt the ordinance, reading by title oarly and waiving further readmg thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom Mayor Pro Tem O'Connor, Mayor Shriven NOES: None ABSENT: Councilmember O'Day URBAN RUNOFF 7-C: Second reading and adoption of an ordinance to update and clarify Chapter 7.10, the Urban Runoff Pollution Control, was presented. Jane 22, 2010 Discussion ensued regarding recommendations made by the Task Force on the Environment and the need to discuss including them in the ordinance. Motion by Councilmember McKeown, seconded by Mayor Shriver, to remand item to staff for consideration and analysis of the Task Force's recommended changes, and return to Council for first reading. The motion was unanimously approved by voice vote with Councilmember O'Day absent. STAFF ADMIN ITEMS: 8-A: Award of Taxicab Franchises - recommendation to authorize the TAXICAB FRANCHISES City Manager to execute non-exclusive taxicab franchise agreements with -ITEM WITHDRAWN Bell Cab Company, Independent Taxi Owners Association, O~Ietro Cab Company, Taxi Taxi, and Yellow Cab Company; and adopt a resolution establishing annual taxicab franchise fees and taximeter rates, was withdrawn at request of staff. On order of the Mayor, and at the request of staff; this item was withdrawn. C~UNCILMEMBER 13-A: Appointment to one unscheduled vacancy an the Arts DISCUSSI®N ITEMS: Commission for a term eading on June 30, 2011, was continued to APPOINTMENT July 13, 2010. On order of the Mayor, this matter was continued to July 13, 2010. APPOINTNIFNT - PRC 13-B: Annual appointment to one position on the Pier Restoration Corporation for a term ending on November i0, 2013, was continued to July 13, 2010. Member of the public E.K.O. Pandey spoke in support of her appointment to the Pier Restoration Corporation. On order of the Mayor, This matter was continued to July 13.2010. APPtDINTVIENTS: 13-C: Annual Appointments to the following Boards and Commissions: Board/Commission No. of Appts. Terms Ending Airport Commission 1 06/30/2014 Architeettiral Review Board 2 06/3012014 Arts Commission 2 06/30/2014 Wayside District Corporation 3 06130!2014 Commission-Senior Community 3 06/30/2014 June 22.2010 Emeritus Seat 1 06/30/2012 Commission-Status of Women 2 06/301!2014 Emeritus Seat 1 06(3012012 Convention & Visitors Bureau 3 06/30!2014 Disabilities Commission 3 Ob(30/2014 Housing Commission 2 06/30/2014 Landmarks Commission 3 06/30/2014 Library Board 2 06/30/2014 Personnel Board 1 06/30/2015 Planning Commission 1 06/30/2014 Recreation/Parks Commission 2 06/30/2014 Emeritus Seat . 1 06/30/2012 Social Services Commission 2 06!30/2014 AIRPORT COMMISSION On order of the Mayor, the Hoar was opened for nominations to the Airport Commission. Councilmember McKeown nominated Ofer Grossman, the incumbent. There being no other nominations, Mr. Grossman was reappointed to a third term, by acclamation, with Councilmember O'Day absent. ARCHITECTURAL On order of the Mayor, the floor was opened for nominations to the REVIEW BOARI} Architectural Review Board. Councilmember McKeown nominated Maegan Pearson, the incumbent. There being no other nominations, Ms. Pearson was reappointed to a second term by acclamation, with Councilmember O'Day absent. On order of the Mayor, the remaining vacancy was continued to July 13, 2010. ARTS COMMISSION On order of the Mayor, the floor was opened for nominations to the Arts Commission. Councilmember McKeown nominated Linda Jassim and Hara Beck, the incumbents. There being no other nominations, Ms. Jassim and Ms. Beck were reappointed to a second term, by acclamation, with Councilmember O'Day absent. 8 June 22.2010 WAYSIDE DISTRICT On order of the Mayor, the floor was opened. for nominations to the CORPORATION Wayside District Corporation. Councilmember Davis nominated incumbents Barbara Ryan, Rob Rader, and Johannes Van Tilburg. There being no other nominations, Ms. Ryan, Mr. Rader, and Mr, Van Tillburg were reappointed by acclamation, with Councilmember O'Day absent. COMIdHSSION FOR THE On order of the Mayor, the appointments to Commission for the Senior SENIOR COMMUNITY Community was continued to Jidy 13, 2010. COMIVIISSION flN THE On arder of the Mayor, the floor was opened for nominations to the STATUS flF i~VOMEN Commission on the Status of Women. Councilmember Davis nominated incumbent Emily Arms. There being no other nominations, Ms Arms was reappointed to a second term by acclamation, with Councilmember O'Day absent. On order of the Mayor, the appointments to the remaining vacancies were continued to July 13, 2010. CONVENTION $z On order of the Mayor. the floor was opened for nominations to the 6'ISITORS' BI712EAL Convention &. Visitors' Bureau. Mayor Pro Tem O'Connor nominated incLUnbents Nancy Desser and Jeffrey Jarrow. There being no other nominations, Ms. Desser and Mr. Jarrow were reappointed to a second term by acclamation, with. Councilmember O'Dav absent. On order of the Mayor, the appointment to the remaining vacancy was contimied to July 13, 2010. DISABILITIES On order of the Mayor, the appointments to the Disabilities Commission COMNHSSION was continued to July 13, 2010. HOUSING COIaiMISSION On order of the Mayor, the floor was opened for nominations to the Housing Commission. Councilmember McKeown nominated incumbent Am~° Anderson. There being no other nominations, Ms. Anderson was reappointed to a second terns by acclamation, with Councilmember O'Day absent. June 22~ 2010 Councilmember McKeown nominated incumbent Richard Derrvitz. There.. being no other nominations, Mr. Gerwitz was reappointed to a third term by acclamation, with Councilmember O'Day absent. LANDM On order of the Mayor, the floor was opened for nominations to the COMMISSION Landmarks Commission. Councilmember McKeown nominated incumbent Margaret Bach. There being no other nominations, Ms. Bach was reappointed to a second term by acclamation, with Councilmember O'Day absent. Councilmember McKeown nominated incumbents Roger Genser and Ruth Aim Lehrer. There being no other nominations, Mr. Genser and Ms. Lehrer were reappointed to a third term ending June 30, 201 ~, by acclamation, with Comicilmember O'Day absent. LIBRARY BOARD On order of the Mayor, the floor was opened for nominations to the Library Board. Manor Fro Tem O'Connor nominated incumbents Kenneth Breisch and Gene Oppenheim. There being no other nominations, Mr. Breisch and Asir. Oppenheim were reappointed to a second term by acclamation, with Councilmember O'Day absent. PERSONNEL BOARD On order of the Mayor, the floor was opened for nominations to the Personnel Board. Councilmember McKeown nominated incumbent Joy Abbott. There being no other nominations, Ms. Abbot was reappointed to a second term by acclamation, with Councilmember O'Day absent. PLANNING On order of the Mayor, the appointment to the Planning Commission was COMMISSION contimied to July 13, 2010. RECREATION AND On order of the Mayor, the floor was opened for nominations to the PARKS COMMISSION Recreation and Parks Commission. Mayor Shriner nominated incumbent Frank Schwengel, to the Emeritus position. Mr. Schwengel was reappointed to a second term by acclamation, with Councilmember O'Day absent. On order of the Mayor, the appointments to the remaining vacancies were continued to July 13, 2010. 10 June 22, 2010 SOCIAL SERVICE On order of the Mayor, the floor was opened for nominations to the COMMISSION Recreation and Parks Conunission. Coumcilmember McKeown nominated incumbents Leigh Brumberg zard Christopher Taylor. There being no other nominations, Ms. Bnunberg and Mr. Taylor were reappointed to a second term by acclamation, with Councilmember O'Day absent. TIME MANAGEMENT 13-D: Reynest of Mayor Shri~=er and Councilmembers I3olbroak and O'Day that staff report on former Mayor Censer's proposal to modify Council Rules and explore additional strategies to streamline the rules for Council meetings including publishing the existing time budgets for each item, eliminating staff reports at Council meetings (and regarding those reparts, if any, at earlier dates), allocating a time budget to each Councilmember for each item and any other enhancements used by other communities using the CauncilJManager farm, was presented. Pro Se, Jerry Rubin, Michael Toney, Patricia Hoffman, Catherine Eldridge, Zina Josephs, and Greg Hancock conmiented on various aspects of the recommendation. Motion by Councilmember McKeown, seconded by Councilmember Davis, to request staff to return to Couuail at the January retreat with general suggestions for sheamlining meetings. Substitute motion by 1Ufavor Shras~er, seconded by Councilmember Holbrook, to have staff return with information, schedule a public hearing to discuss any proposed changes related to the n~les for the conduct of the meeting including discussion regarding accommodation for early speakers and points discussed earlier, but excluding the elimination of staff reports, and to consider a pilot program for time budgeting dw•ing one Council meeting. Staff to return as soon as possible, but earlier than the planned January Council retreat. The motion was approved by the following vote: AYES: Councihnembers Holbrook, Btoom Mayor Pro Tem O'Connor, Mayor Shriver NOES: Councilmembers McKeown. Davis ABSENT: Councilmember O'Day 11 hme 22- 2010 TRANSIT PROJECTS 13-E: Request of Mayor Pro Tem (9'Connor and Councilmembers BIoom and McKeown to adopt a resolution supporting Los Angeles Metro 30110 Measure R Projeet Acceleration Initiative far federal assistance designed to accelerate the sonstruction of transit projects identified in Measure R, the half cent sales tag adopted by Las Angeles County voters 9n Navember of 2fl08, was presented. On order of the Mayor, this item to be acted upon on Thursday, June 24, the date to which this meeting has been continued, to allow staff time to prepare the resolution. Motion by Councilmember McKeown, seconded by Mavor Pro Tem O'Connor, to approve the recommendation. The motion a°as approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, McKeown, Mayor Pro Tem O'Connor, Mayor Shriver NOES: None ABSENT: Councilmember O'Day ~IACANCY 13-F: Recommendation to accept Nancy ~oslee Posvers` resignation from the Recreation and Parks Commissian and authorize the City Clerk to publish the vacancy, seas presented. Motion by Councilmember Holbrook, seconded by Mavor Shriver, to approve the recommendation. The motion was unanimously approved by voice vote, with Councilmember O'Day absent. AB 1998 13-G: Request of Councilmembers BIoom and ®`Day, and of Mayor Pro Tem D'Connor to adopt Resolution No. 10500 {CCS}, entifled, "A C.ouncibnember 131oom ryas RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA excused at 8:3Q p.m. MONICA SUPPORTING A STATEWIDE BAN ON THE DISTRIBUTION OF SINGLE USE PLASTIC CARRY OUT BAGS AND REQUIRING PAYMENT FOR PAPER BAGS", ss°as presented. Motion by Mavor Pro Tem O'Connor, seconded b~vor Shriver, to approve the recommendation. The motion approved by the following vote: AYES: Councilmembers McKeown, Davis, I-Iolbrook Mayor Pro Tem O'Coimor, Mayor Shriver NOES: None ABSENT: Councilmembers O'Day. Bloom 12 June 22.2010 PUBLIC COMMENT: Joey Fullmer, Denise Barton, Pro Se, Thomas Paccioretti, Roger Jackson, Jerry Rubin, and Christel Anderson commented on various local issues. RECESS On order of the Mayor, the City Cotmcil recessed at 8:38 p.m., on June 22, 2010, and reconvened at 6:40 p.m., on June 24, 2010, «=ith all members present to consider the closed session, Item 2-C, and item 13-E. CLOSET) SESSION: On order of the Mayor, the City Council recessed at 6:41 p.m., to consider the closed session and returned at 7:02 p.m., to report the following: 2-C: Canferenee vrith Legal Counsel -Initiation of Litigation pursuant to subdivision {c) of Section 54956.4: 1 case The City Attorney reported this matter was heard and no reportable action was taken. TRANSIT PROJECTS 13-E: Request of Mayor Pro Tem O'Connor and Councilmembers Bloom and McKeown to adopt a resolution supporting Los Angeles Metro 30110 Measure R Project Acceleration Initiative for federal assistance designed to accelerate the construction of transit projects identified in Measure R, the half cent sales tax adopted by Los Angeles County voters in November of 2008, was presented. Motion by Councilmember McKeown, seconded by Mater Pro Tem O'Connor, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, O'Day lYlcKeown, Mayor Pro Tem O'Connor, Mayor Sluiver NOES: None ABSENT: None On order ofthe Mayor, the City Council_meeting was adjourned on Thursday, June 24, 2010, at'7:07 p.m:~ r ~ ATTEST: AFPRO~FED: ~ ; .~ ~. ~-' \~ v~ '~ `V ~'~l~ Maria Stewart `~ Bobbv, Shriver City Clerk Mayor 13 June 22, 2010