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M-020811CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 8, 2011 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:39 p.m., on Tuesday, February 8, 2011, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Gleam Davis Councihmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Pam O'Connor Councilmember Terry O'Day Councilmember Shriver (arrived at 7:00 pm.) Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENEIPLEDdsE On order of Mayor, the City Council convened at 5:39 p.m., with Councilmember Shriver absent. Council Office Manager Sonia Ramos led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment. On order of the Mayor, the City Council recessed at 5:41 p.m., to consider closed sessions and returned at 6:40 p.m., with Councilmember Shriver absent, to report the following: 1-A: Conference with Legal Counsel -Existing Litigation: Finlev v. Cats of Santa Monica, Los Angeles Superior Court Case Number SC 104021. City Attomey Marsha Moutrie reported that this item was not heard. 1-B: Conference with Legal Counsel -Existing Litigafion: Ci of Santa Monica v. Federal Aviation Administration, Court Case No. 09-1233. City Attorney Marsha Moutrie reported that this item was heard and no reportable action was taken. 1-C: Conference with Legal Counsel -Existing Litigatflon: Taxi February 8, 2011 Driver's Association, et al., v. City of Santa Monica, et al., Los Angeles Superior Court Case Number BC 491609. City Attorney Marsha Moutrie reported that this item was heard and no reportable action was taken. 1-D: Conference with Legal Counsel -Existing Lnfigation: Embassy LLC and PRG Embassy, LP v. City of Santa Monica et al., Los Angeles Superior Court Case Number BS 119080. City Attorney Marsha Moutrie reported that this item was not heard. 1-E: Conference with Real Property Negotiator: Property: 3100 Neilson (recorded as 3275 Barnard y3'ay) City Negotiator: Andy Agle, Dir., Housing & Economic Dev. Under Negotiation: Extension of Affordability Covenant Owner of Record: Neilson Villa City Attorney Marsha Moutrie reported that this item was heard, and no reportable action was taken. Ms. Moutrie noted that the issue related on this closed session focused on whether or not the City should exercise an option to purchase. C®NSENT CALENDAR: Members of the public Denise Barton; Joey Fullmer, Louisa Fish, and Brian Hutchings commented on various Consent Calendar items. At the request of Mayor Pro Tem Davis, Item 3-H was removed from the Consent Calendar. Motion by Councilmember O'Connor, seconded by Councilmember O'Dati, to approve all items on the Consent Calendar as presented, except Item 3-H, reading resolutions by title only and waiving fiu~ther reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Dav, Holbrook, O'Connor, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember Shriver MINUTES 3-A: The minutes of the January 17, 2011, City Council meeting, were approved as submitted. February 8, 2011 FIRE ENGINE 3-B: Purchase of Eire engine equipment -recommendation to EQUIPMENT authorize the City Manager to award Bid No. 3015 to L.N. Curtis & Sons, in the amount of $155,465, for the purchase and delivery of fire engine equipment, was approved. COLD MILLING 3-C: Purchase of cold milling machine -recommendation to MACHINE authorize the City Manager to award Bid No. 3016 to Nixon-Egli Equipment Company, in the amount of $406,953, for the purchase and delivery of one new cold milling machine, was approved. RELOCATION PLAN 3-D: Relocation plan for proposed affordable housing at 520 FOR 520 COLORADO Colorado Avenue -recommendation to approve Relocation Plan for proposed affordable housing at 520 Colorado Avenue, was approved. NATURAL GAS FUEL 3-E: Big Blue Bus liquid natural gas fuel supply -recommendation to authorize the City Manager to issue an interim purchase order to Clean Energy, in the amount of $1,800,000, to purchase liquefied natural gas fuel un61 a formal bid is completed and a new provider is recommended, was approved. OVERHAUL OF 3-F: Cummins Natural Gas Engine Overhaul Services on Transit TRANSIT BUSES Buses -recommendation to authorize the City Manager to amend Purchase Order No. 17635 to increase the annual amount and authorize complete allocation of natural gas engine overhaul services provided by Cnmmns Cal Pacific from $200,000 to an amount not to exceed $500,000 annually for FY 2010-11 through FY 2012-13, was approved. STREET LIGHTING 3-G: Professional Services Agreement for Street Lighting Design DESIGN Servfices -recommendation to authorize the City Manager to negotiate and execute professional services Agreement No. 9337 (CCS) with Willdan Engineering, in the amount of $429,000, to provide street lighting design services for the multi-year street light conversion program, was approved. CAL-PERS MEMBER 3-I: Resolution No. 10557 (CCS) entitled, "RESOLUTION OF THE CONTRIBUTIONS CITY COUNCIL OF THE CITY OF SANTA MONICA REGARDING EMPLOYER PAID MEMBER CONTRIBUTIONS," was adopted. TRANSACTIONS AND 3-J: Resolution No. 10558 (CCS) entitled, "A RESOLUTION OF USE TAX THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENTS WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX," was adopted. February 8, 2011 DOWNTOWN AND 3-K: Downtown and Bergamot Station LUCE implementation BERGAMOT STATION Circulation Analysis -recommendation to authorize the City Manager LUCE ANALYSIS to execute an amendment to Contract No. 9103 {CCS) with Fehr & Peers, in the amount of $275,100 for a total of $619,100. to provide detailed travel demand modeling and micro-simulation traffic operational analysis services for implementation of the LUCE and Expo Light Rail, in the Downtown and Bergamot station areas, was approved. IMPLEMENTATION 3-H: Contracts for services related to priority Land Use & OF LUCE Circulation Element {LUCE) implementation efforts and design coordination -recommendation to authorize the City Manager to negotiate and execute contract amendments with: 1}the Odermatt Group {Contract No. 8729{CCS)), in the amount of $75,000 for a total amount of $940,000, for urban design services to implement Downtown visioning for the City-owned site at ~cn and Arizona Avenue and Bergamot Area Plan; and, 2) Nelson/Nygaard Consulting Associates (Contract No. 8866 (CCS)), in the amormt of $190,000 for a total amount of $724,785, for continued transportation planning services for implementation of the LUCE bicycle and circulation network, shared parking strategies for new development, focus circulation planning in the Downtown, Bergamot Transit Village and Memorial Park; and participation in community workshops. Recommendation to authorize the City Manager to: execute Contract No. 9338 (CCS) with Urban Studio, in the amount of $125,000, to provide architecture and graphics services in support of the Downtown Specific Plan and Bergamot Area Plan, production of visualizations and maps, project feasibility studies, and meeting facilitation; to accept a grant from the Department of Housing and Urban Development in the amount of $652,500, for the Bergamot Transit Village and Mixed Use Creative District Master Plan; and, authorize proposed budgetary changes, was presented. Mayor Pro Tem Davis advised that she removed this item from the Consent Calendar to ask staff for clarification on the parameters of the scope of sere~ices for the contracts. Staff provided additional information and answered questions of Councilmembers. Motion by Mayor Pro Tem Davis, seconded by Councilmember McKeowm, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Mayor Pro Tem Davis. Mayor Bloom NOES: None ABSENT: Couneilmember Shriver 4 February 8, 2011 ORDINANCES: 7-A: Second reading and adoption of an Ordinance No, 2346 PUBLIC HEALTH AND {CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE FOOD SAFETY CITY OF SANTA MONICA AMENDING ARTICLE 5 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO PUBLIC HEALTH AND FOOD SAFETY," was presented. Member of the public Jerry Rubin spoke in support of the ordinance. Motion by Councilmember McKeown, seconded by Councilmember O'Connor, to adopt Ordinance No. 2346 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, O'Connor, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSTAIN: Councilmember Holbrook ABSENT; Councilmember Shriver BICYCLE LICENSING 7-B: Second reading and adoption of Ordinance No. 2347 {CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING CHAPTER 3.20 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE LICENSING OF BICYCLES," was presented. Motion by Councilmember O'Dav, seconded by Mayor Pro Tem Davis to adopt Ordinance No. 2347 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councihnembers O'Connor, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSTAIN: Cowicilmember Holbrook ABSENT: Councilmember Shriver BAN OF PLASTIC 7-C: Second reading and adoption of Ordinance No. 2348 (CCS) CARRYOUT BAGS entitied, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROHIBITING RETAIL ESTABLISHMENTS FROM PROVIDING SINGLE USE PLASTIC CARRYOUT BAGS AND REGULATING THE USE OF PAPER CARRY OUT BAGS:' was presented. Motion by Councilmember O'Connor, seconded by Councilmember O'Dav, to adopt Ordinance No. 2348 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: February 8, 2011 AYES: Councilmembers McKeown, O'Day, Holbrook. O'Connor, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember Shriner LUCE INTERIM 7-D: Second reading and adoption of Ordinance No. 2345 (CCS) DEVELOPMENT entifled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PROCEDURES OF SANTA MONICA ESTABLISHING INTERIM DEVELOPMENT PROCEDURES PENDING IMPLEMENTATION OF THE LUCE." was presented_ Motion by Councilmember McKeown, seconded by Councilmember O'Connor, to adopt Ordinance No. 2345 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the folloc~ring vote: AYES: Councilmembers O'Connor, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSTAIN: Cotmcilnember Holbrook ABSENT: Councilmember Shriner LIBRARY RULES 7-E: Introduction and first reading of an ordinance amending Chapter 1.08 of the Santa Monica Municipal Code regarding rules Councilmember Shriner for use of City libraries to allow the Library to suspend the Librars~ carrivecl tst ?:00 p.m. visitation and borrowing privileges of patrons violating the Library Rules of Conduct, was presented. Member of the public Jerry Rubin spoke in support of the proposed ordinance. Motion by Cowicilmember O'Connor. seconded by Manor Pro Tem 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, Holbrook, Shriner, O'Connor, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None DENSITY BONUS AND 7-F: Introduction and first reading of an ordinance adopting a AFFORIDABLE Text Amendment amendang Santa Monica Municipal Code Sections HOUSING 9.04.10.14.040, 9.04.10.14.050, and 9.56.050 and adding Sections INCENTIVES 9.04.10.14.060, 4.04.10.14.010, 9A4.10.14.080, and 4.14.10.040 to modify the City's density bonus and affordable housing incentives in 6 Febniary 8, 2011 accordance with State density bonus law which will provide affordable housing incentives in the Gity's residential zones, was presented. Staff noted the following recommended changes to the ordinance from the Planning Commission: To clarify that parking incentive is in addition to the parking incentives that are provided in the Zoning Ordinance; and, modify the rear-yard setback incentive. In addition, staff made the following clerical corrections: add to Section 9.04.10.14.010 {a) in the parking incentive section, "as an alternative to Section 9.04.10.08.04"; delete "so long as rear yard setback is at least five feet," from Section 9.04.10.14.060(f}(3); delete the phrase "a density bonus and," from Section 9.04.10.14.080{c); add "concession or incentive" in place of the word "waiver" in Section 9.04.14.14.080(0)(3); delete the phrase "a density bonus and" from Section 9.04.10.14.080{d) (2); and, fill in the blank after "Ordinance" with No. 2345 (CCS) in Section 8. Members of the public Catherine Eldridge and Christel Anderson expressed concerns regarding some aspects of the proposed ordinance and public participation in this process. Motion by Councilmember McKeown, seconded by Cormcilmember O'Connor to introduce the ordinance, amended to include the Planning '' Commission's recommendations and the corrections provided by staff; for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None STAFF ITEMS: At the request of the City Manager and on order of the Mayor, Items 8-A MII2-YEAR 2010-11 and $-B were heard concurrently. BIIDGET 8-A: Mid-Year 2010-11 Budget - recommendation to: {t} Appropriate Fiscal Year 2010-11 budget changes and adjust revenue budgets as proposed; (2) adopt Resolution No. 10559 (GCS} entitled, "A RESOLUTION OF THE CITY COUNCIL ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR VARIOUS POSITIONS"; (3}approve the position and classification changes; and (4} adopt Resolution No.10560 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL SETTING THE AMOUNT OF FEES TO BE CHARGED FOR THE USE OF COMMUNITY AND RECREATIONAL FACILITIES OPERATED BY THE COMMUNITY AND CULTURAL SERVICES DEPARTMENT, 7 February 8, 2011 AND FOR THE USE OF BEACH PARKING LOTS, AND A DEFINITION OF FACILITY USER CATEGORIES"; Resolution No. l OSbl (CCS} entitled, "A RESOLUTION OF THE CITY COUNCIL ESTABLISHING USER FEES FOR SOCIAL SERVICE. RECRE- ATION AND COMMUNITY PROGRAMS, CLASSES AND SERVI- CES OF THE DEPARTMENT OF COMMUNITY AND CULTURAL SERVICES "; Resolution No. 1062 {CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL ESTABLISHING APPLICATION FEES, ADMINISTRATIVE FEES, AND NEIGHBORHOOD NOTIFICATION FEES FOR COMMUNITY EVENTS"; and Resolution No. 10563 {CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL ESTABLI- SHINGFEES FOR ANIMAL CONTROL SERVICES, was presented. FINANCIAL 8-B: Five year financial forecast, 2-year budget and expenditure FORECAST control budgeting, public comment on emerging issues including comments on Community Development Block Grant and Home Im~estment Partnership Act Programs, and discussion of emerging issues for the FY201I-13 budget-recommendation to: (1) Receive the FY2011-I2 through FY2015-1b Five Year Financial Forecast as background for development of the FY2011-13 budget (2) approve the change to a Biennial Budget and Expendihue Control Budgeting; {3) receive public comments on FY2011-13 budget priorities and emerging issues, including Community Development Block Grant (CDBG} and Home Investment Partnership Act Program funds; and (4} provide staff with direction on Emerging Issues to guide the development of the FY2011-13 budget, was presented. Members of the public Denise Barton, Ruth Michaelson, Clay Evans; Rebecca Campbell, Jerry Rubin, Michael Cahn, Gary Kavanaugh, Zach Miller, Karen Miller, Christel Anderson, Lorusa Fish, and Barbara Filet- Lake commented on various aspects of the presentation and the recommendation. Considerable discussion ensued on the presentations, the financial forecast, staff recommendations, on comments from members of the public, and on the City's basic needs and services. Motion by Councilmember McKeown, seconded Mayor Pro Tem Davis, to appropriate the proposed budget changes and adjust revenue budgets. The recommendation was approved by the following vote: AYES: Councihnembers McKeown. O'Day, Holbrook, Shriver, O'Connor. Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None February 8, 2011 Motion by Mavor Pro Tem Davis. seconded by Councihnember O'Connor, to approve resolution establishing classification and salary rates and approve position and classification changes. The recommend- dation was approved by the following vote: AYES: Councihnembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None Motion by Councilmember O'Connor, seconded by Mavor Pro Tem Davis, to approve resolution setting fees for use of community and recreational facilities and parking lots and defining facility user categories. The rewmmendation was approved by the following vote: AYES: Councihnembers McKeown, O'Day, Holbrook, O'Connor, Mayor Pro Tem Davis, Mayor Bloom NOES: Councilmember Shriver ABSENT: None Motion by Mavor Pro Tem Davis, seconded by Councilmember O'Connor, to approve resolution establishing user fees for social service, recreatian and community programs and classes and services of the Community and Cultural Services Department. The recommendation was approved by the following vote: AYES: Councilmembers Shriven, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None Motion by Councilmember O'Connor, seconded by Mavor Pro Tem Davis, to approve resolution establishing application fees, administrative fees and neighborhood notification fees for community events. The recommendation was approved by the following vote: AYES: Cauncilmembers McKeown, O'Day, Holbrook, Shriven, O'Connor, I~rlayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None Motion by Councilmember O'Connor, seconded b~Mayor Pro Tem Davis, to approve resolution establishing fees for animal control services. The recommendation was approved by the following vote: February 8,2011 AYES: Couneihnembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None Motion by Councilmember McKeown, seconded by Councilmember O'Connor, to approve the recommendation fox Item 8-B. The recommendation was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None COITNCIL dTER4S: 13-A: Annual appointment to one position on the Pier Restoration PIER RESTORATION Corporation for terms ending on Navember 11, 2014. CORPORATION On order of the Mayor, this item was continued to the February 22, 2011 meeting. WAYSIDE DISTRICT 13-B: Appointment to one unscheduled vacancy on the Bayside CORPORATION District Corporation for a term ending on .dune 34, 2412. On order of the Mayor, the floor was opened for nominations. Mavor Pro Tem Davis nominated Bruria Finkel. Councilmember O'Connor nominated Jeff Decker. Coimeilmember Holbrook nominated West Hooker. Ms. Finkel was appointed by the following vote: Finkel: Councilrnembers O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom Decker: Councilmember O'Connor Hooker: Councilmember Holbrook Councilmember Shriver abstained from voting Councilmembers O'Connor and Holbrook requested to change their votes in favor of Ms. Finkel, and Councilmember Shriver voted to appoint Ms. Finkel thereby appointing her by acclamation. 10 February 8,2011 MEASURE V CITIZENS 13-C: Annual appointment to three positions on the Measure V OVERSIGHT Citizens Oversight Committee for terms ending on December 31, COMMITTEE 2012. On order of the Mayor, the floor was opened for nominations. Councilmember McKeown nominated Erin King for the position left vacant by Susan Bracey. There being no other nominations for this position, Ms. King was appointed by acclamation. Cauncilmember Shriver nominated incumbent Mark Gold for a second term. There being no other nominations for his position, Mr. Gold was appointed by acclamation. Couneilmember O'Dav nominated Alfred David Schonbach for the remaining seat. There being no other nominations, Mr. Schonbach was appointed by acclamation. PUBLIC INPUT: Members of the public Donald Myers, Denise Barton, Jerry Rubin, Vince Slevin, Brian Hutchings, and Scott Reiter commented on various local issues. On order of the Mayor, the City Council meeting was adjourned at 10:17 p.m. in memory of Sergeant Shriver, Raymond Ray, and Charles Munstein. ATTEST: APP~ROJVE~D: Maria M. Stewart Richard Bloom City Clerk Mayor 1 i February $, 2Q11