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M-092810CITY OF SANTA MONICA C�fM 'ZKe11JaC llui-PUMV 0 SEPTEMBER 28, 2010 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor at 5:32 p.m., on Tuesday, September 28, 2010, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Bobby Shriver (arrived at 5:45 p.m.) Mayor Pro Tem Pam O'Connor Councilmember Richard Bloom Councilmember Gleam Davis Councilmember Robert T. Holbrook (arrived at 6:00 p.m.) Councilmember Kevin McKeown Councilmember Terry O'Day (arrived at 5:50 p.m.) Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of Mayor Pro Tem O'Connor, the City Council convened at 5:32 p.m., with Councilmembers O'Day, Holbrook, and Mayor Shriver absent. Councilmember Davis led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS: Members of the public Joey Fullmer and Pro Se commented on various closed sessions. On order of the Mayor Pro Tem, the City Council recessed at 5:38 p.m., to consider closed sessions and returned at 6:31 p..m., with all members present, to report the following: 1-A: Conference with Legal Counsel —Existing Litigation: Embassy, LLC et al., v. City of Santa Monica, Los Angeles Superior Court Case Number BS119080. The City Attorney reported that this matter was heard and no reportable action was taken. 1-B: Conference with Legal Counsel— Existing Litigation: September 28, 2010 Gobrial v. City of Santa Monica, et al, Los Angeles Superior Court Case Number SC 107220. The City Attorney reported that this matter was heard and no reportable action was taken. I -C: Conference with Legal Counsel — Existing Litigation: City of Santa Monica v. Expedia, Inc., et al, Los Angeles Superior Court Case Number SC 108568. The City Attorney reported that this matter was heard and no reportable action was taken. 1-D: Conference with Legal Counsel —Existing Litigation: City of Santa Monica v. B1ackRock, et al, Los Angeles Superior Court Case Number SC106784. After return from closed session, there was no reportable action on this matter. Subsequently, after the adoption of the ordinance listed as Item 7-D, the City Attorney advised it was appropriate to approve the following recommended Settlement No. 9279 (CCS): BlackRock agrees that the current affordable housing production program ordinance and current administrative guidelines would apply to the affordable housing obligations applicable to that project. Motion by Councilmember O'Day, seconded by Councilmember McKeown, to approve the proposed settlement. 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 1-E: Conference with Legal Counsel —Anticipated Litigation: Funo Administrative Appeal — Personnel Complaint No. 08-0006 The City Attorney recommended the following settlement on the above administrative appeal of a disciplinary action: One year's back pay to Ms. Funo, purchase of two years of air time, and the resignation of Ms. Funo from City employment. Motion by Councilmember McKeown, seconded by Councilmember 2 September 28, 2010 Gleam; to approve Settlement No. 9280 (CCS). 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 SPECIAL ITEMS: 2-A: Presentation by the American Youth Soccer Organization AYSO PRESENTATION (AYSO) - Santa Monica's Girls Soccer Team, Region 20 - in appreciation for the City's support of the 2010 Santa Monica Sister Cities AYSO Cultural Exchange and Soccer Tournament held in Fujinomiya, Japan, was presented. Mayor Shriver and City Councitmembers received gifts and comments of appreciation from the Santa Monica Girls' Soccer Team. CONSENT CALENDAR: Members of the public Joey Fullmer, Pro Se, Denise Barton, Kelly Lauberback, Deborah Ramber, A. Reddy, Randy Walburger, Ken Ward and Pat Gordon commented on various consent calendar items and expressed their opinions. At the request of Mayor Shriver, Item 3-K was removed from the Consent Calendar. MINUTES 3-A: The minutes of the September 14, 2010, City Council meeting were approved as submitted. ICE SKATING RINK 3-B: Bayside Seasonal Ice Skating Rink -recommendation to authorize the City Manager to negotiate and execute License Agreement No. 9281 (CCS) with the Bayside District Corporation for use of City -owned property at 1324 5th Street for an ice skating program for the 2010/2011 winter season with options for renewal on an annual basis through the holiday season ending February 20 Li, was approved. REFUSE PACKERS 3-C: Purchase of front load refuse packer units — recommendation to authorize the City Manager to issue a purchase order for two new and unused front load refuse packer units from Boemer Truck Center, in the amount of $515,088, was approved. 3-1): Award of bid for water treatment chemicals — recommendation to split award of Bid No. 3001, with an estimated September 28, 2010 annual expenditure of $227,000, among Olin Chlor Alkali Products, Basic Chemical Solutions LLC, Brenntag and Univar for purchase of various water treatment chemicals, was approved. WOODLAWN 3-E: Resolution No. 10528 (CCS) entitled: "A RESOLUTION OF CEMETERY THE CITY OF SANTA MONICA REVISING THE INTEREST RATE FOR PRE -NEED PAYMENT PLANS AT THE WOODLAWN CEMETERY AND MAUSOLEUM FROM ONE PERCENT PER MONTH TO AN ANNUALIZED RATE OF TWELVE PERCENT," was adopted. AWARD OF GRANT 3-F: 2010 Edward Byrne Memorial Justice Assistance Grant— FUNDS recommendation to accept a $62,521 grant award from the U.S. Department of Justice; and approve the proposed establishment of a revenue budget and appropriation of funds, for certified crime lab services, was approved. AFFORDABLE HOUSING 3-G: Resolution No. 10529 (CCS) entitled: "<A RESOLUTION OF UNIT BASE FEE THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING THE AFFORDABLE HOUSING UNIT BASE FEE FOR NEW MARKET -RATE MULTIFAMILY DEVELOPMENT PURSUANT TO MUNICIPAL CODE SECTION 9.56.070(B) BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS," was adopted. AFFORDABLE HOUSING 3-H: Resolution No. 10530 (CCS) entitled: "A RESOLUTION OF UNIT DEVELOPMENT THE CITY OF SANTA MONICA AUTOMATICALLY COST ADJUSTING THE AFFORDABLE HOUSING UNIT DEVELOPMENT COST PURSUANT TO MUNICIPAL CODE SECTION 9.56.070(C) BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS," was approved. APPLICATION FOR GRANT FUNDS 3-I: Resolution No. 105313-J: Resolution No. 10532 (CCS) entitled: "A RESOLUTION OF (CCS) entitled: "A THE CITY OF SANTA MONICA AUTHORIZING THE CITY RESOLUTION OF THE MANAGER TO EXECUTE MEMORANDUM OF CITY OF SANTA MONICA UNDERSTANDING NO. 9282 (CCS) SETTING THE TERMS AND APPROVING THE CONDITIONS OF MEDICAL INSURANCE COVERAGE WITH APPLICATION FOR MANAGEMENT TEAM ASSOCIATES, SUPERVISORY TEAM GRANT FUNDS FOR THE ASSOCIATES, ADMINISTRATIVE TEAM ASSOCIATES, SUSTAINABLE MUNICIPAL EMPLOYEES ASSOCIATION, PUBLIC 4 September 28, 2010 COMMUNITIES ATTORNEYS' UNION, UNITED TRANSPORTATION UNION, PLANNING GRANT AND PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION, INCENTIVES PROGRAM EXECUTIVE PAY PLAN PARTICIPANTS, AND SANTA UNDER THE SAFE MONICA FIREFIGHTERS, LOCAL 1109," was adopted. DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84)," was adopted.EMPLOYEE MEDICAL INSURANCE COVERAGE MNTN. VIEW MOBILE 3-K: Replacement of previously -proposed Arizona -based HOME REPLACEMENT manufacturer for the Mountain View Mobile Home Park Rental Housing Replacement — recommendation to authorize the City Mayor Shriver was excused Manager to negotiate and execute Contract No. 9283 (CCS) in the at 705 p.m. amount of $3,000,000 with Golden West Homes, to design, build, and install 20 new, affordable and sustainable manufactured homes to replace 20 existing units at Mountain View Mobile Home Park; and approved the proposed budget changes, was presented. Mayor Shriver advised that he was recusing himself from participating in this matter due to a conflict of interest because of his relationship with one of the owners of the company. Motion by Councilmember Holbrook, seconded by Councilmember Davis, was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Mayor Shriver STUDY SESSION: 4-A: Options to generate additional transit revenues for the Big OPTIONS FOR TRANSIT Blue Bus - recommendation to review and provide input on proposals REVENUE to generate additional transit revenues for BBB, including: transit -oriented development on sites owned by BBB; pursuit of 11'Iayor Shriver returned legislative action to modify the State vehicle code to allow installation at 7.08 p.m. of bus exterior digital advertising; impose fees on new developments to support transit service and amenities; employee transit passes 5 September 28, 2010 provided by employers; and an increase in parking citation rates designating the incremental revenue to support BBB operations, was presented. Members of the public Denise Barton and Denny Zane commented on the proposed recommendation. Considerable discussion ensued on the merits of the recommendation and the presentation. After discussion, the City Council gave direction to staff, including to work with the City's lobbyists to seek legislation allowing transit operators in California to use digital advertising. On order of the Mayor, the information was received and filed. ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2322 EMERITUS POSITION (CCS), entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 2.12.155 TO ADD A POSITION OF COMMISSIONER EMERITUS ON THE RECREATION AND PARKS COMMISSION," was presented. Motion by Councilmember McKeown, seconded by Mayor Shriver, 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, Bloom, Mayor Pro Tem O'Connor, Mayor Shriver NOES:None ABSENT: None LEAIiBLOWER 7-B: Second reading and adoption of Ordinance No. 2323 (CCS) RESTRICTIONS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SECTION 4.08.270 OF THE MUNICIPAL CODE RELATING TO RESTRICTIONS ON LEAFBLOWER OPERATIONS," was presented. Motion by Councilmember McKeown, seconded by ayor Pro Tem O'Connor, 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, Bloom, Mayor Pro Tem O'Connor, Mayor Shriver NOES: None ABSENT: None 6 September 28, 2010 AGENSYS 7-C: Second reading and adoption of Ordinance No. 2324 (CCS) DEVELOP-MENT entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AGREEMENT APPROVING DEVELOPMENT AGREEMENT NO. 9284 (CCS) BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND AGENSYS, INC., A CALIFORNIA CORPORATION," was presented. Sr. Land Use Attorney, Barry Rosenbaum, noted that subsequent to introduction of the ordinance there were three typographical errors discovered in the documents, and that the errors have been corrected as follows: Regarding the reference in Ordinance Section 4.1 to "Exhibit O", the exhibit had been removed from the development agreement, and now the reference has been eliminated in the ordinance section; the phrase "property transfer" noted in Section 11.03.04, because it is in quotes, is denoted as specifically defined, however the phrase is not defined, therefore the quotes will be removed; and, in the paragraph added to `Exhibit D" at first reading titled "Privacy for Residential Uses," the last three lines were missing in the version presented today for adoption, and the lines have been added to the original document in the City Clerk's possession. Motion by Councilmember Davis, seconded by Councilmember Bloom, to adopt ordinance amended by the recommended language above, 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 NOES: Mayor Shriver ABSENT: None Mayor Shriver stated, for the record, that he voted in opposition because he feels that this process was insufficient, particularly on the financial analysis, and the company did not meet the Council's request for a robust jobs program in their proposal. ARBORETUM- 7-1): Second reading and adoption of Ordinance No. 2325 (CCS) DEVELOPMENT entitled: ` AN ORDINANCE OF THE CITY OF SANTA MONICA AGREEMENT APPROVING THE DEVELOPMENT AGREEMENT NO. 6083 (CCS) AMENDMENT NO. 3 BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND CSHV September 28, 2010 ARBORETUM, LLC, A COMPANY FOR THE PLAZA AT THE ARBORETUM," was presented.Motion by Councilmember McKeown. seconded by 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, Bloom, Mayor Pro Tem O'Connor, Mayor Shriver NOES:None ABSENT: None STAFF ITEMS: 8-A: Development Agreement Compliance Review — DEVELOPMENT recommendation to review the status of staff follow up on AGREEMENT development agreement compliance; and determine good faith COMPLIANCE compliance for those properties that are now in compliance, was presented. Members of the public Chris Harding, Kara Altice Montes, Joe Garciaros, Jerry Rubin, and Nick Eliopoulos spoke generally in support of the recommendation. Motion by Councilmember Bloom, seconded by Councilmember Davis, to approve recommendation. The motion was approved by the hollowing vote: AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Shriver NOES:None ABSENT: None LEASE -1800 STEWART 8-B: Amendment to existing Ground Lease for 1800 Stewart Street — recommendation to authorize the City Manager to negotiate and execute a 3rd amendment to Contract No. 8654 (CCS) assigning the City's ground lease with CF Santa Monica Office VI, LP for property located at 1800 Stewart Street, to Agensys, Inc. and amending the Lease to provide: Subject to Agensys' development of the site for its research and development facility, an assignment to Agensys of the current lease and an option to extend the lease for 10 years, from 1/1/33 through 12/31/42 will be granted. The base rent during the extension term will be adjusted to fair market rent at highest and best use of the land based upon its value under the then current zoning, but without considering any building improvements. Increases in the rent during the extension term would occur every 30 months, in accordance September 28, 2010 with the Consumer Price Index, but not less than 3% or more than 7%. Agensys, Inc., will be required to pay for the closure, relocation and/or repair of two ground water monitoring wells that are on the property and will be impacted by the construction, not to exceed $50,000, was presented, noting the revised recommendation distributed by staff at this meeting. Member of the public, Dale Goldsmith, representing Agensys, spoke in support of the recommendation. Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve recommendation as revised to strike out the phrase assignment nt Agensys of the ~ lease and 'revising the second sentence in the second paragraph to read: "The base rent during the extension term will be adjusted to fair market rent at highest and best use based on the value of the land without considering any building improvements at the then current zoning." In addition, revising the last sentence of the recommendation to read: "A requirement that Agensys, Inc., will, at the direction of the City, close, relocate and/or repair two ground water monitoring wells that are on the property and will be impacted by the construction and will pay for these direct costs, not to exceed $50,000." The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, O'Day, McKeown, Mayor Pro Tem O'Connor NOES: Mayor Shriver ABSENT: None Mayor Shriver noted, for the record, he voted in opposition because he thinks the City didn't get a good enough deal for its land which is now going to be encumbered with a 30 -year lease. APPOINTMENTS 13-A: Annual Appointments to the following Boards and Commissions. Board/Commission No. of Appts. Terms Ending Com. Senior Community 1 06/30/2014 On order of the Mayor, the floor was opened for nominations. Councilmember McKeown nominated Paula Fern. There being no other nominations, Ms. Fern was appointed by acclamation, with all September 28, 2010 members present. Board/Commission No. of Appts. Terms Ending Com. Status of Women 1 06/30/2014 Emeritus Member 1 06/30/2012 On order of the Mayor, this matter continued with direction to staff to clarify conflicting letters of recommendation from the Commission. PIER RESTORATION 13-13: Annual appointment to one position on the Pier CORP. Restoration Corporation for a term ending on November 10, 2013. On order of the Mayor, this matter was continued to October 12, 2010. ARTS COMMISSION 13-C: Appointment to one unscheduled vacancy on the Arts Commission for a term ending on June 30, 2011. On order of the Mayor, the floor was opened for nominations. Councilmember McKeown nominated Iao Katagiri. There being no other nominations, Iao Katagiri was appointed by acclamation, with all members present. RECS & PARKS COMM. 13-D: Appointment to one unscheduled vacancy on the Recreation & Parks Commission for a term ending on June 30, 2013. On order of the Mayor, this matter was continued to October 12, 2010. AB 1060 13-E: Request of Councilmember McKeown that the City of Santa Monica support the signing by the Governor of AB 1060, a bill already passed by the California Legislature which would prohibit the sale of alcoholic beverages using self -serve checkout systems; and convey to the Governor our desire that he sign AB 1060 into law without delay, was presented. Members of the public Bridie Roberts and Elliot Petty spoke in support of the request. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve request. The motion was approved by the following vote: 10 September 28, 2010 AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Shriver NOES:None ABSENT: None SENIOR COMMUNITY 13-F: Appointment to one unscheduled vacancy on the COMMISSION Commission for the Senior Community for a term ending on June 30, 2012. On order of the Mayor, the floor was opened for nominations. Councilmember McKeown nominated Barbara Inatsugu. Discussion ensued on the nomination and on the recommendation for appointment submitted by the Commission. After discussion, with the consensus of Council, this matter was continued to October 12, 2010. SANTA MONICA 13-G: Request of Councilmember McKeown that the Council PLAYHOUSE authorize the City Manager to amend the existing agreement with the Santa Monica Playhouse to better address current needs, by releasing $30,000 of $75,000 in already -allocated funding to provide rent relief, spur fundraising through a matching grant, and establish a long-term plan for retention of this valued community cultural resource, was presented. Members of the public Matthew Gibbons, Berkeley Sanjay and Chris DeCarlo spoke in support of the request. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve request. 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 PUBLIC INPUT: Members of the public Denise Barton, Pro Se, M. Ross, and Ann Marie Kirby commented on various local issues. 1 I September 28, 2010 1XIIJUMMUNQ On order of the Mayor, the City Council meeting was adjourned at 9:41 p.m., in memory of Carol Hector and G1o�a Stewart. ATTEST- Maria�� M. Stewart City Clerk mayor 12 September 28, 2010