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M-022211CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY aa, aall A regular meeting of the Santa Monica City Cotmcil was called to order by Mayor Bloom at 5:35 p.m., on Tuesday, February 22, 2011, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Gleam Davis Councilmember Robert T. Holbraok Councilmember Kevin McKeown Councilmember Terry O'Day Councihnember Shriver Absent: Councilmember Pam O'Connor Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of Mayor, the City Council convened at 5:35 p.m., with Councilmember O'Connor absent. City Attorney Marsha Moutrie led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Member of the public Joey Fullmer commented on closed session items. On order of the Mayor, the City Council recessed at 5:34 p.m., and reconvened at 7:10 p.m., with Councilmember O'Connor absent, to report the following: 1-A: Conference with Labor Negotiator. City Negotiator: Danna Peter, Darector of human Resources Bargaining Units: Coalition of Santa Monica City Employees, Administrative Team Associates, Public Attorney's Legal Support Staff Union, Management Team Associates, Municipal Employees Association, Public Attorney's Union, Santa Monica Firefighters, Local 1109, Snpervisory Team Associates, United Transportation Union, Local 17Ss, and Police Officers' Association . The City Attorney reported that this matter was heard and no reportable action was taken. 1-B: Conference with Legal Counsel -Existing Litigation: February 22, 20 i 1 Embassy LLC and PRG Embassy, LP v. City of Santa Monica et al., Los Angeles Superior Court Case Number BS 119480. The City Attorney reported that this matter was not heard. 1-C: Conference with Legal Counsel -Anticipated Lifigation: Initiation of lirigation pursuant to subdivision (c) of Section 5495b.9: 1 case. The City Attorney reported that this matter was not heard. SPECIAL ITEMS: Commendation to Retiring Police Service Canine Duke. was INSPIRATION presented by the Mayor to retiring Canine Duke and his handlers. CONSENT CALENDAR: All. items were considered and approved in one motion unless removed .IOINT MEETING by a Councilmember for discussion. Members of the public Joey Fullmer, Jerry Rubin and Denise Barton commented on various Consent Calendar items. Motion by Councilmember Holbrook, seconded by Councilmember O'Dav, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Shriver, )-lolbraok, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember O'Connor MINUTES 3-A: The minutes of the January 25 and February 1, 2011, City Council meeting, were approved as submitted. ABC GRANT -ALCOHOL 3-B: Grant funds for Minor DecoylShoulder Tap Program Mini- SALE Grant -recommendation to authorize the City Manager to accept a no match grant from the California Department of Alcoholic Beverage Control, in the amount of $7,500, in support of the `iMinor Decoy(Shoulder Tap Program" to reduce the sale of alcohol to minors, and authorize budget changes, was approved. POLICE DOG 3-C: Retirement and Daspositfon of Police Service Dog - RETIREMENT recommendation to authorize that police sen ice dog Duke be retired from service and sold to Santa Monica Police Deparhnent Officer Mike Von Achen for the sum of one dollar, was approved. DIAL-A-RIDE 3-D: Extension of Dial-a-Ride Contract -recommendation to February 22, 2011 authorize the City Manager to extend existing Contract No. 8902 {CCS) with MV Transportation, Inc. for tIuee months through June 30, 2011, in the amount of $160,000 for a total contract amount of $2,044,118, to allow for examination of provisions in the scope of work for Santa Monica Dial-a-Ride, was approved. REED PART{ 3-E: Contract Modifncation for Reed Park Office Improvements Project -recommendation to authorize the City Manager to negotiate and execute a first modification to Contract No. 9290 {CCS) with CST Construction Company, in the amount of $19,500 for a total contract amount of $127,300, and an increase in the number of working days to provide for additional scope of work for the Project, was approved. BBB DIESEL ENGINES 3-F: Detroit Diesel Engine Overhaul Services on Transit Buses - recommendation to increase the bid award amount of Bid No. 2977 awarded to Ironman Renewal LLC and Harbor Diesel & Equipment, in the amount of $750,000 for a total bid amount of $2,500,000 for the four year term, to provide engine averhaul services on transit coaches powered by Detroit Diese150 Series engines, was approved. VICEROY MOTEL LEASE 3-G: Viceroy Hotel: Assignment of Lease -recommendation to {WITHDRAWN AT authorize the City Manager to: 1) review and exe-cute consent REQUEST OF STAFF) documents associated with the sale and assignment of the Lease Agreement No. 7802 (CCS) with Roscoe Real Estate Limited Partnership, to Seaside Hotel LP, for the Viceroy Hotel located at 1814 Ocean Avenue, Santa Monica; 2) review and execute consent documents associated with the Sublease between Seaside Hotel, LP, and Seaside Hotel Lessee, Ina; and execute other documents required to affect the sale and assignment of the Lease Agreement and Sublease, was withdrawn STATE BUDGET 3-H: Resolution No. 1OS64 {CCSj entitled: "A RESOLUTION OF PROPOSAL THE CITY OF SANTA MONICA OPPOSING THE STATE ADMINISTRATION'S PROPOSAL TO ABOLISH REDEVELOP- MENT AGENCIES IN CALIFORNIA," was adopted. REFUSE CONTAINERS 3-I: Purchase of refuse containers -recommendation to award Bid No. 3008 to Superior Rotation Molding LLC, in the amount of $510,000, for the purchase and delivery of 2- and 3-yard refuse containers for athree-year term, was approved. BUY LOCAL DAY 3-J: Resolution No.1flS6S (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING MARCH 19, 201 I, "BUY LOCAL DAY" IN THE CITY OF SANTA MONICA," was adopted. JOINT SPECIAL MTG: On order of the Mayor, the Council convened to a joint meeting with February 22, 2011 INVESTMENT POLICY the Redevelopment Agency at 7:24 p.m., with Councilmember O'Connor absent. 3-K: Annual update on City investment policy -recommendation that City Council approve the proposed revised City Investment Policy; extend the delegation of investment authority to the Director of Finance, as City Treasurer, from March 1, 2011, through February 29, 2012; and adopt Resolution No. 10566 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA UPDATING THE LIST OF PERSONS AUTHORIZED TO CONDUCT TRANSACTIONS WITH THE STATE LOCAL AGENCY INVESTMENT FUND (LAIF) ON BEHALF OF THE CITY." Recommendation that the Redevelopment Agency adopt Resolution No. 529 (RAS) entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF SANTA MONICA UPDATING THE LIST OF PERSONS AUTHORIZED TO CONDUCT TRANSACTIONS WITH THE LAIF ON BEHALF OF THE REDEVELOPMENT AGENCY," was presented. There was no one present for public comment. Motion by MayorlChair Pro Tem Davis, seconded by CouncillAgency Member O'Day, to approve recommendations. The motion was approved by the following vote: AYES: AgencylCouncilmembers McKeown, O'Day, Shriner, Holbrook, ChairlMayor Pro Tem Davis, Chair/Mayor Bloom NOES: None ABSENT: AgencytCouncilmember O'Connor ADJOURNMENT On order of the Mayor, the special joint meeting of the City Council and the Redevelopment Agency was adjourned at 7:25 p.m., and the regular City Council meeting was reconvened, with Councilmember O'Connor absent. ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2344 (CCS) LIBRARY PRIVILEGES entitled "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 1.08 OF THE SANTA MONICA MUNICIPAL CODE REGARDING RULES FOR USE OF CITY LIBRARIES TO ALLOW THE LIBRARY TO SUSPEND THE LIBRARY VISITATION AND BORROWING PRIVILEGES OF PATRONS VIOLATING THE LIBRARY RULES OF CONDUCT," was presented. Motion by Councilmember Holbrook, seconded by Councilmember February 22, 2011 O'Dav, to adopt ordinance, reading by title only and waiving fi~rther reading thereof. The motion was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Coumcilmember O'Connor AFFORDABLE HOUSING 7-B: AND DENSITY BONUS Second reading and adoption of Ordimance No. 2350 {CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADOPTING A TEXT AMENDMENT AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.10.14.040, 9.04.10.14.050, AND 9.56.050 AND ADDING SECTIONS 9.04.10.14.060, 9.04.10.14.070, 9.04.10.14.080, AND 9.04.10.14.090 TO MODIFY THE CITY'S DENSITY BONUS AND AFFORD- ABLE HOUSING INCENTIVES IN ACCORDANCE WITH STATE DENSITY BONUS LAW," was presented. Motion by Councilmember McKeown, seconded by Mayar Pro Tem Davis, to adopt ordmance, reading by title only and waiving fiuther reading thereof. The motion was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember O'Connor STAFF ITEMS: 8-A: Concept Design for the Pico Branch Library Project - PICO BRANCH LIBRARY recommendation to review and provide input on the proposed design concepts for the Pico Branch Library Project; approve the reconunended design direction; and direct staff to move forward with schematic design, was presented. Member of the public Christel Andersen spoke in support of the project and expressed concern regarding losing green space. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember O'Connor SANTA MONICA 8-B: Proposed Phase I Visioning Process of Future of Santa February 22, 2011 AIRP®RT Monica Airport -recommendation to authorize the City Manager to negotiate and execute Agreement No. 9339 (CCS) with HR&A Advisors Inc., in an amount not to exceed $79,750, to analyze the general economic and fiscal impacts of the current operation and activity at Santa Monica Airport; and, authorize staff to proceed with Phase I of a proposed comprehensive three-phased process to facilitate the visioning of the future role of mtmicipal airport within the communii}~ post 2015, was presented. Member of the public Jerry Rubin spoke in support of the project. Motion by Councilmember McKeown, seconded by Councilmember O'Day, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Cormcilmember O'Connor OUTDO®R DINING 8-C: mutdoor Dining License Fees -recommendation to direct staff to prepare a resolution to implement adjustments to the Monthly License Fees charged to restaLirants for Outdoor Dining on public sidewalks, as proposed; and, to prepare necessary regulatory amendments to allow existing, legal non-conforming outdoor dining areas on Ocean Avenue to remain, provided there is no intensification or expansion of use, was presented. Members of the public Richard Irving and Michael Dublin expressed concerns related to the impact of the proposed fees on restaurants. Kathleen Rawson, representing the Bayside District, spoke in support of suspending the approval of the fees. Motion by Councilmember Holbrook to authorize CPI increases and in twa years revisit the adjustments in the rents. The motion died for lack of a second. Motion by Councilmember McKeown to approve the proposed rates, but amend the motion to take effect in one year. The motion died for lack of a second. Motion by Councilmember Shriver to approve staff recommendation. The motion died for lack of a second. Considerable discussion ensued on the merits of the various motions, February 22, 2011 on the impact of the proposed action on the business and on the City's revenues, and on the state of the economy. Motion by Councilmember Shriver, seconded by Mavor Bloom, to approve staff recommendation, and direct staff to return with recommendations on how to enhance the visual connections of the three fully-enclosed restaurants Motion to amend by Councilmember O'Dav to direct staff to also return with information on the cost related to a transfer of ownership of a restaurant. The motion was accepted as friendly. Motion to amend by Mavor Pro Tem Davis that staff also return with a staff report, when The first 13 outdoor dining licenses expire, denoting whether the licenses have been renewed and with any other related information. The motion was accepted as friendly. The motion, as amended, was approved by the following vote: AYES: Councilmembers Shriver, O'Day, Mayor Pro Tem Davis, Mayor Bloom NOES: Councilmembers Holbrook, McKeown ABSENT: Councilmember O'Connor Councilmember McKeown stated, for the record, that atwo-year delay on top of the 50% discount of the rate that was suggested (by the independent assessor) in raising the rates on those public sidewalks is an unjustified on-going subsidy to certain private businesses, particularly in light of recent rate increases residents must pay into the same exact general fund. In addition, any decision on Ocean Avenue encroachments is premature until Council has better information on pedestrian flow and sidewalk requirements after Expo Light Rail has come to the City. DESIGN CONSULTANT $-D: Capital Improvement Projects - Mnnicipai Design SELECTION PROCESS Consultant Selection Processes -recommendation to review and discuss options regarding municipal design consultant selection processes; approve the design consultant selection model in which staff reviews proposals and qualifications, conducts interviews, and makes a recommendation for approval; and approve exceptions to the model to include the optian of involving professional jury members in the selection process when warranted by project complexity or priority, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Mayor Bloom, to February 22,2011 adapt recommendation, amended that when there is a jury or a committee making the decision at least one person on jury or committee, whether it be an employee of the City or outside expert, shall be a Santa Monica resident. Considerable discussion ensued on the merits of the motion and on the recommendation, as is, and on the success of the current process. After considerable discussion, Mayor Bloom withdrew his second. Motion by Councilmember McKeown, seconded by Councilmember Shriver, to adopt recommendation, amended that in those cases where there is a jury that includes non-staff people, at least one member of any such jury shaft be a Santa Monica resident. The motion was unanimously approved by voice vote, with Councilmember O'Connor absent. RECONVENE SPECIAL On order of the Mayor, the regular council meeting was recessed and JOINT ti~IEETING the Council reconvened to the special joint meeting with the Redevelopment Agency at 9:46 p.m.; with Councilmember O"Connor. PARKING STRUCTURES 8-E: Second Implementing Agreement for CitylAgency 1 THRODUH 8 Cooperation Agreement No. 9267 and Cooperation Agreement for Parking Structures I through 8 -recommendation that City Council (Council): 1) authorize the City Manager to reimburse the City for costs associated with operating execute Second Implementing Agreement No. 9340 (CCSlRAS} to provide the City the option to purchase Agency real properties in order to secure performance of Agency obligations required under Cooperation Agreement No. 9267(CCS/RAS) and Implementing Agreement No. 9267(CCS/RAS); and 2) authorize the City Manager to execute Cooperation Agreement No. 4341 (CCS(RAS) to reimburse the City for costs associated with operating and maintaining Agency owned parking structures 1 through 8. Recommendation that the Redevelopment Agency (Agency): i } Authorize the Agency Chair to execute Second Implementing Agreement No. 9340 (CC5IRAS) to provide the City the option to purchase Agency real properties in order to secure performance of Agency obligations required under Cooperation Agreement No. 9267 (CCS/RAS} and Implementing Agreement No. 9267 (CCS/RAS); and 2} authorize the Executive Director to execute Cooperation Agreement 9341 (CCS(RAS) and maintaining Agency owned Parking Structures 1 through 8, was presented. There was no one present for public comment. Motion by Councilmember McKeown. seconded by Councilmember February 22, 2011 O'Day, to approve City Council recommendation. The motion was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember O'Connor Motion by A~ency Member McKeown, seconded by A¢ency Member O'Day, to approve Redevelopment Agency recommendation. The motion was approved by the following vote: AYES: Agency Members Shriver, Holbrook, O'Day, McKeown, Chair Pro Tem Davis, Chair Bloom NOES: None ABSENT: Agency Member O'Connor ADJOURNMENT OF On order of the Mayor, the special joint meeting with the SPECIAL JOINT Redevelopment Agency was adjourned at 9:48 p.m., and the regular MEETING City Council meeting reconvened, with Councihnember O'Connor absent. DE LA TORRE 8-F: Oral report to Council regarding Implementing the INDEPENDENT REVIEW recommendations in the Office of Independent review's report on the de la Torre investigation, was presented by City Manager Rod Gould. Members of the public Tricia Crane, Yolanda de Cordova, Maria Loya, Jei7y Rubin, and Oscar de la Torre spoke in support of the report. On order of the Mayor, the information was received and filed. PRC APPOINTMENT 13-A: Annual appointment to one position on the Pier Restoration Corporation for terms ending on November 11, 2014. On order of the Mayor, this matter was continued to March 8, 2011. AIRPORT COMMISSION 13-B: Appointment to one unscheduled vacancy on the Airport Commission for a term ending on June 30, 2011. On order of the Mayor, this matter was continued to March 8, 2011. RESIGNATION 13-C: Recommendation to accept Sakina McNeal's resignation February 22, 2011 from the Disabilities Commission and authorize the City Clerk to publish the vacancy, was presented. Motion by Councilmember Holbrook, seconded by Councilmember McKeown, to approve recommendation. The motion was unanimously approved by voice vote, with Councilmember O'Connor present. 13-D: Request of Mayor Bloom supporting Pam G'Connor as the Westside Cities representative for the Southern California Association of Governments Regional Council, and finding no other Santa iVIonica Councilmember's interest in submitting their name to he elected by the Westside Cities Council of Governments for that position, was presented. There was no one present for public comment. Motion bg Mayor Bloom, seconded by Councilmember O'Dav, to approve the request. The motion was unanimously approved, with Councilmember O'Connor absent. ADJOi7RNMEN'T On order of the Mayor, the City Council meeting was adjourned at 10:45 p.m., in memory of Richard S. Polachek, Jean and Scott Adam, and Los Angeles Firefighter Glen Allen. ATTEST: APPROVED: Maria M. S~ ~~~ Richard Bloom City Clerk Mayor 10 February 22,2011