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M-072710CITY OF SANTA M®NICA CITY C®LTNCIL MIN[TTES .>uLY 27, cola A regtdar meeting of the Santa Monica City Cormcil was tailed to order by Mayor Shriver at 5:53 p.m., on Tuesday, July 27, ?010, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Bobby Shriver Councilmember Gleam Da~ris Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Terry O'Day Absent: Mayor Pro Tem Pam O'Connor Councilmember Richard Bloom Also Present City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CflNVENE/PLEDGE On order of the Mayor, the City Council convened at 5:53 p.m., with Cotmcihnember Bloom and Mayor Pro Tem O'Connor absent. Mayor Shriver led the assemblage in the Pledge of Allegiance. C©NSENT 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 and the Redevelopment Agency, on order of the Mayor, and with the consensus of Councilmembers, the Council convened to a joint meeting with the Redevelopment Agency and the two Consent Calendars were heard concurrently. Members of the public Joey Fullmer and Jerry Rubin commented on various items. At the request of Councilmember McKeown, Item 1-D was removed from the Consent Calendar. Motion b~A~ency/Councilmember McKeown. seconded by Aeencv! July 27, 2010 Councihnember O'Dav, to approve all items on the Consent Calendar as presented except Item 1-D, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: AgencylCouncilrnembers McKeown, O'Day, Davis, Holbrook, ChairlMayor Shriver NOES: None ABSENT: Agency(Councilmember Bloom, ChairlMayor Pro Tem fl'Cannor MINUTES I-A: The minutes of June 15, and June 22, 2010, City Council meetings were approved as submitted. URBAN AREA 1-B: Urban Area Security Initiative Grant Funds - recommenda- SECURITY GRANT tion to authorize the City Manager to accept the Fiscal Year 2007 Urban Area Security Initiative Grant funds, and approve proposed budget changes to appropriate funding in expenditure accounts and establish budget in revenue account, was approved. STREET ANll PARK 1-C: Annual Street and Park Laghting Project -recommendation to: LIGHTING authorize the City Manager to: negotiate and execute Contract No. 9241 (CCS) with KDC Inc. dba Dynalectric, in the amount of $1,396,043, for the construction of the Project; and to negotiate and execute Agreement No. 9242 (CCS) with TCM Group, in the amount of $174,240, for construction inspection services for the project, was approved. LINCOLN WALK I-E: Resolution No. 10515 (CCS) entitled: "A RESOLUTION OF APARTMENTS THE CITY OF SANTA MONICA APPROVING THE ISSUANCE, BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE LINCOLN WALK APARTMENTS," was adopted. SEWER JETTER 1-F: Purchase of Sewer Jetter Trucks -recommendation to TRUCKS authorize the City Manager to award Bid No. 3003 to Plumbers Depot, Inc., in the amount of $825,527, for the purchase and delivery of three new and unused hydrostatic drive high pressure sewer fetter trucks for the Wastewater Division, was approved. SOLAR SANTA MONICA 1-G: Solar Santa Monica Program project development and July 27, 2010 - implementation -recommendation to authorize the City Manager to negotiate and execute Agreement No. 9245 (CCS) with EcoMotion, for an annual cost of $150,000, to provide project development and implementation services to the Solar Santa Monica program, was approved. ITEM WITHDRAWN 1-H: Item withdrawn. REFUSE PACKER t -I: Purchase of Side Load Refuse Packer -recommendation to authorize the City Manager to award Bid No. 3005 to Boerner Truck Center, in the amount of $315,577, for the purchase and delivery of one new and unused fully automated 4x41oad refiise packer, was approved. AIR STREET SWEEPERS 1-J: Purchase of regenerative air street sweepers -recommendation to authorize the City Manager to award Bid No. 3006 to Mar-Co Equipment Company, in the amount of $892,881, for the purchase and delivery of three new and unused regenerative air sweepers for the Solid Waste Division, was approved. HEALTHY EATING AND I-K: Resolution No. 10516 (CCS) entitled: "A RESOLUTION OF LIFESTYLE THE CITY OF SANTA MONICA CONFIRMING THE CITY'S COMMITMENT TO PROMOTING HEALTHY EATING AND ACTIVE LIFESTYLES THROUGHOUT THE COMMUNITY OF SANTA MONICA," was adopted. U.S. BILL NO. 3412 1-L: Recommendation to support United States Senate Bill No. 3412 that will provide S2 billion on federal operating funds for eligible transit systems, was approved. WATER MAINTENANCE 1-M: Water and Wastewater Supen~isory Control and Data SYSTEM Acquisition (SCADA) System Upgrade, Installatian, and Maintenance -recommendation to authorize the City Manager to negotiate and execute Agreement No. 9246 (CCS) with Beavens Systems Incorporated, in the amount of $805,788 for three years with option to renew, to upgrade, install, maintain, and provide training on the proposed system for water and wastewater facilities, was approved. CEMETERY 1-N: Woodlawn Cemetery Embalming Room Construction - EMBALMING ROOM recommendation to authorize the City Manager to negotiate and execute Contract No. 9247 (CCS) with 1st California Construction, Inc, in the amount of $20~,4b0, for the construction of the Woodlawn Cemetery Embalming Room, was approved. July 27, 2010 PIER REPAIRS 1-O: Santa Monica Pier structural repairs -recommendation to approve the issuance of a purchase order to John S. Meek Company, in the amount of $133,540, for structural repairs to the Pier, was approved. ' 1-P: Proposed Macerich Public Valet -recommendation that the JOINT MEETING WITH Council and Redevelopment Agency (Agency) authorize the City REDEVELOPMENT Manager and Executive Director to: negotiate and execute interim AGENCY: Agreement No. 9248 (CCSlRAS) with Macerich for use of 143 parking MACERICH PUBLIC spaces in the North Civic Center Lot, across from City Hall, for car VALET storage for a public valet program for a term of three months with three one-month renewal options at the rate of $6,101.50 per month; and negotiate and execute Agreement No. 9249 (CCSlRAS) with three one year options to extend with Macerich authorizing storage of 143 public valet parked vehicles in Parking Structure 8 and the Civic Auditorium Lot and for the installation of a parking guidance system in Parking Structures 7 and 8 and direct staff to return to Council with any necessary regulatory approvals or code changes needed, if any, to implement the operation of the valet program, was approved. AIRPORT PAVEMENT 1-D: Municipal Airport Pavement Rehabilitation Project - REHAB recommendation to: authorize the City Manager to: negotiate and execute Contract No. 9243 (CCS) with Valley Slurry Seat, Inc., in the amount of , $1,062,658, for the construction of the pavement rehabilitation; and negotiate and execute Agreement No. 9244 (CCS) with Mead & Hunt, Inc., in the amount of $96,600 for a new contract total amount of $164,614, for construction observation, inspection and testing sen ices, was presented. Councilmember McKeown advised he removed this item from the Consent Calendar to add a direction to staff to prepare an analysis, over the five days in which the airport is scheduled to be closed, on noise, air quality and other base line measurements so as to have data on record that may help the City in the various litigations with the FAA, indicating the quality of life in the City when the airport is not in operation; and to notify helicopter pilots that the airport w711 be closed during those five days. Motion by Cotmcihnember McKeown, seconded by Councilmember Davis, to approve staff recommendation with the above direction. The motion was approved by the following vote: 4 July 27, 2010 AYES: Councilrnembers McKeown, O'Day, Davis, Holbrook, Mayor Shriver NOES: None ABSENT: Councilmember Bloom, Mayor Pro Tem O'Connor ADJOURNMENT OF On order of the Mayor, the joint meeting with the Redevelopment JOINT MEETING Agency was adjourned at 6:10 p.m., and the regular City Council meeting reconvened. ORDER OF AGENDA At the request of the Mayor, and with the consensus of Council, Item 3-A ITEMS to be heard later in the meeting, as close to 8:00 p.m., as possible. CLOSED SESSIONS: On order of the Mayor, the City Council recessed to consider closed sessions at 6:11 p.m., and returned at 7:20 p.m., with Councilmember Bloom and Mayor Pro Tem O'Connor absent, to report the following: 2-A: Conference with Labor Negotiator. City Negotiator: Donna Peter, Dareetor of Human Resources Bargaining Units: Coalition of Santa Monica City Employees: Administrative Team Associates (ATA) Public Attorney's Legal Support Staff Union (PALSSU) Management Team Associates (MTA} Municipal Employees Association (MEA} Public Attorney's Union (PAU) Santa Monica Firefighters, Local 1109 (SMFFA) Supervisory Team Associates (STA) United Transportation Union, Loca11785 (UTU) The City Attorney reported that this matter was heard and no reportable action was taken. 2-B: Conference with legal Counsel -Initiation of Litigation parsuant to subdnvision (c) of Seetion 54956.9: 1 case Marsha Moutrie, City Attorney, recommended approval of Settlement No. 9253 (CCS) in the above case as follows: Authorize execution of a settlement agreement tivith the owners of properties in the City controlled by NMS properties and its affiliates, managed by Neil Schechter. The agreement provides security for, and fulfillment of obligations to provide affordable housing mots as they apply to the permits for the market rate projects at 1548 6"' Street, 1539 4`b Street, and 1427 7"' Street in downtown Santa Monica, and a guaranteed monetary recovery in the July 27, 2010 event that they are only partially fulfilled. In exchange for the fulfillment . of the items that NMS and its affiliates are to undertake in the settlement agreement, a Certificate of Occupancy will be issued for the 1438 6~' Street property. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve proposed settlement. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Mayor Shriver NOES: None ABSENT: Mayor Pro Tem O'Connor, Councilmember Bloom STUDY SESSION: 3-A: homeless Update. HOMELESS UPDATE Member of the public Denise Barton commented on the subject matter. Staff provided an update on efforts and activities undertaken on the subject matter and answered questions of Councilmembers. On order of the Mayor, the information was received and filed. ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2316 (CCS} PARKING METER entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ENFORCEMENT AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 3.16.040 AND 3.16.120 RELATED TO PARKING METER ENFORCEMENT DURING HOLIDAYS," was presented. Motion by Councilmember McKeown, seconded bX Councilmember Holbrook to adopt ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Mayor Shriver NOES: None ABSENT: Mayor Pro Tem O'Connor, Councilmember Bloom URBAN RUNOFF 7-B: Second reading and adoption of Ordinance No. 2317 (CCS) POLLUTION entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 7.10 TO UPDATE AND CLARIFY THE URBAN RUNOFF POLLUTION CONTROL ORDINANCE," was presented. 6 July 27, 2010 Motion by Mavor Shriver, seconded by Councilmember McKeown, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: .AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Mayor Shriver NOES: None ABSENT: Mayor Pro Tem O'Connor, Coumcilmember Bloom SECOND HAND SMOKE 7-C: Introduction and first reading of an Ordinance amending IN MULTI-RESIDENTIAL Chapter 4A~1 of the Santa Monaca Municipal Code on Smoking to UNITS expand protections from second-hand smoke in multi-unit residential common areas; to require owners of multi-unit residential properties to designate and disclose the smoking status of units; and discussion of other potential areas for protections from second-hand smoke;" was presented. The following members of the public spoke generally in support of the proposed ordinance, expressed concerns and provided ideas and suggestions: Denise Barton, Tricia Roth, Brian Hutchings, Dona Snow; Willow Evans, Marlene Gomez, Esther Schiller, Myra Morris, Beth Miller, Judy Abrams, and Jerry Rubin. Motion by Councilmember McKeown seconded by Councilmember Davis, to introduce the ordinance for first reading; excepting the sections relating to registration and disclosure. Motion to amend by Councilmember O'Day to direct staff to return after November with the issues of registration and disclosure so they can be addressed. The amendment was accepted as friendly. The motion, as amended, was approved by the following vote: AYES: Councilmembers Holbrook, Davis, O'Day, McKeown NOES: Mayor Shriver ABSENT: Councilmember Bloom, Mayor Pro Tem O'Connor Mayor Shriver stated for the record that he voted in opposition because he does not think it goes far enough. Motion by Councilmember McKeown. seconded by Councilmember Davis, to direct staff to return with its best thinking on what the impact on gentrification in the City would be if lower income families might be July 27, 2010 more likely to include smokers, and the impact on housing providers like Community Corporation and others who btrild deed-restricted units where those units must be proF~idetl to lower income families, if it turned out if a significantly high percent of lower income families included smokers; to explore the possibility of the energy program into which the City is entering might somehow be harnessed to improve the airflow conditions in multi-family buildings; and, to explore other enforcement opfions besides small claims court, and besides an infraction, and the possibility of dispute resolution services. Motion to amend by Councihnember Davis to direct staff to include studies on the demographics of smoking and a review of what are the City of Santa Monica's smoking cessation programs, and how residents are encouraged to stop smoking. The motion was accepted as friendly. Motion to amend by 1~layor Shriver to include direction to staff to return with information on what other cities are doing. The motion was accepted as friendly. The motion, as amended, was unanimously approved by voice vote, with Councilmember Bloom and Mayor Pro Tem O'Connor absent. Motion by Councilmember O'Day seconded b~Mavor Shriver, to direct staff to return with a prohibition of smoking in new hotels. The motion was unanimously approved by voice vote, with Councilmember Bloom and Mayor Pro Tem O'Connor absent. STAFT ITEMS: 8-A: Modification Ocean Avenue Outdoor Dining Standards to Permit Drop-Down Curtains -recommendation to adopt the proposed modifications to the Ocean Avenue Dining Standards to permit drop- down curtains during certain times of the year and ~mder specified weather conditions, was presented. Members of the public Philip Cummins, Kathleen Rawson, Jennifer Rush Morton, Jeff Decker, Mike Rose and Jerry Rubin spoke in support of the recommendation and in support of additional flexibility. Motion by Councilmember Holbrook, seconded by Mayor Shriven, to leave the decision of timing of drop-down curtains to the restauranteurs discretion. July 27, 2010 Motion to amend by Councilmember McKeown, to rescind the existing section of the ordinance providing for restrictions relating to drop-down curtains; to consider this a pilot program and monitor the response of the operators; and, to direct staff to rehirn in one year with a status report. The motion as amended, was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Mayor Shriver NOES: None ABSENT: Mayor Pro Tem O'Connor, Councilmember Bloom PUBLIC fIEARINGS: 9-A: Recommendation to hold a public hearing and approve the STORMFVATER PARCEL Stormwater Parcel Reports and Stormwater Management User Fees REPORTS ~ USER FEES for Fiscal Year 2010-2011, was presented. Member of the public Brian Hutchings commented on the recommendation. Motion by Councilmember Holbrook. seconded by Councilmember O'Dav, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Mayor Shriver NOES: None ABSENT: Mayor Pro Tem O'Connor, Councilmember Bloom COUNCIL ITEMS: 13-A: Request of Councilmember McI{eown, pursuant to CAR-FREE EVENT communication from the Recreation and Parks Commission, that the City Council autharize staff to explore options for a suggested car- free event on a Santa Monica street early this autumn, consulting with affected stakeholders and returning to Council with information andlor suggested action in a timely fashion, was presented. Members of the public Jerry Rubin, Brian Hutchings, George Nigro and Richard McKinnon 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 Bloom and Mav_ or Pro Tem O'Connor absent. July 27, 2010 PUBLIC INPUT: Members of the public Ruth Stemock, Denise Barton, Pro Se, M. Ross, , Brian Hutchings, Tom Paccioretti, Oscar de la Torre, Alison St. Onge, Gayle Baizer, Michele Perrone, Rob Nokes, Janet Tunick and Steven Novak commented on various local issues. AI~JOURNII~IENT: On order of the Mayor, the City Council meeting was adjotuned at 10:07 p.m., in memory of Emie Kaplan. ______~ EST: ~~ -~~ Maria M. Stewart City Clerk Mayor 10 July 27, 2010