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M-041211CITE' OF SANTA MONICA CITY COUNCIL MINUTES APRIL 12, 2011 A regular meeting of the Santa Monica City Council was called To order by Mayor Bloom at 5:33 p.m., on Tuesday, April 12, 2011, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Tem Gleam Davis Councilmember Robert T. Holbrook Councilmember Pam O'Connor Councilmember Terry O'Day Councihnember Shriver (arrived at 5:20 p.m.) Absent: Councihnember Kevin McKeown 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 5:33p.m., with Councilmembers McKeoc~m and Shriver absent. Sonia Ramos, Council Office Administrator, led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Members of the public Jeff Harmon, Gideon Brower, Michael Carven, Denise Barton, Joey Fullmer, and Ann Marie Kirby commented on various Closed Session items. Couneilmember Shriner atrivecl On order of the Mayor, the City Council recessed at 5:47 pm., to consider nt 6:20 p. m. closed sessions and reconvened at 6:57 p.m., with Counciimember McKeown absent, to report the following: 1-A: Conference with Labor Negotiator. City Negotiator: Donna Peter, Director 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 Assaciation Public Attorney's Union April 12, 2011 Santa Monica Firefighters, Local 1109 Supervisory Team Associates United Transportation Union, Local 1785 Police (?fficers' Associatflon Coalition of Santa Monica City Employees The City Attorney reported that this matter was not heard. 1-B: Conference with Legal Counsel -Existing Litigation: Embassy LLC and PRG Embassy, LP v. City of Santa Monica et al., Los Angeles Superior Court Case Number BS 119080. The City Attorney reported that this matter was heard and no reportable action was taken. The City Attorney, at the request of Council and due to Council's concern of the tenants that reside at the Embassy that commented earlier stating their concern of the lack of tmderstanding of the process going on, gave a brief explanation of the status of this lawsuit and its possible impact on the tenants and added that City staff will make themselves available to continue answering questions of the tenants. 1-C: Conference with Legal Counsel -Existing Litigation: City of Santa Monica v. Expedaa, lna, et al., Los Angeles Superior Court Case Number SC 08568. The City Attorney reported that tlvs matter was heard and no reportable action was taken. 1-D: Conference with Legal Counsel -Anticipated Litigatian: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 {b): 2 eases The City Attorney reported that this matter was heard and no reportable action was taken. 1-E: Conference with Legal Counsel -Anticipated Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9 (c): i case. The City Attorney recommended a settlement of this dispute, which was listed as anticipated litigation that involves affordable housing production obligations arising from the construction of market rate traits in the Downtown. She adc~ised that this partial settlement will fulfill the affordable housing production requirements attendant upon the construction of market rate projects at 252 and 626 Broadway. Under the settlement, NMS Properties will complete constniction of 15 affordable units at its 1650 and 1660 Lincoln Boulevard Properties pursuant to a set 2 April 12, 2011 schedule and milestones requiring completion by February 2015. As security, NMS will deed restrict its completed market rate project at 1548 6t° Street so that 15 units at that site tivill become restricted as affordable units if NMS does not satisfy the construction timetable for the Lincoln Project. Additionally, NMS will record a performance first trust deed on 1437 5`~ Street such that the property also bvill be transferred to the City if NMS does not meet its obligations at the Lincoln Project. Motion by Councihnember Holbrook, seconded by Councilmember O,Day, to approve the settlement as recommended by the City Attorney. The motion was approved by the following vote: AYES: Councilmembers O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember McKeown 1-F: Conference with Legal Counsel -Existing Litigation: Taxi Driver's Association, et al., v. City of Santa Monica. et al., Los Angeles Superior Court Case Number BC 4516Q9. The City Attorney reported this matter was nat heard. 1-G: Public Employee Evaluation. Title of Employee: City Clerk Mayor Bloom reported this matter was heard and no reportable action was taken. i-H: Conference with Legal Counsel -Existing Litigation: Celis v. City of Santa Monica, Los Angeles Superior Court Case Number SC 106839. The City Attorney recommended a settlement of $55.000 for this case involving an accident with the Big Blue Bus. Motion by Councilmember O'Connor. seconded by Mayor Pro Tem Davis, to approve settlement of $55,000. The motion was approved by the following vote: AYES: Cowicilmembers O'Coanor, Holbrook, O'Day, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSTAIN: Councilmember Shriver ABSENT: Councilmember McKeown Councilmember Shriver advised he abstained from the vote because he was April 12, 2011 not present for the discussion. SPECIAL AGENDA ITEMS: 2-A: Commendations to Santa Monica -UCLA Hospital, the Delfin'! Sheraton Hotel, the DoubleTree Guest Suites Hotel Santa Monica, the Fairmont Miramar Hotel, the Huntley Hotel, the Georgian Hotel, the Shangri-La Hotel, the Loews Santa Monica Beach Hotel, the Le Merigot Hotel, the Vnceroy Hotel, the Holiday Inn, the American Red Cross -Santa Monica Chapter, and Santa Monica Piace for aiding and assisting participants of the 2011 LA Marathon, were presented to respective representatives of the hotels. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Member of the public Joy Fullmer commented on various Consent Calendar items. At the request of Cormcilmember Shriver, Items 3-G, 3-H, and 3-I were removed from the Consent Calendar. Mayor Bloom noted that Item 3-A was withdrawn at the request of staff. Motion by Councilmember O'Dav, seconded by Nlayor Pro Tem Davis , t~ approve the Consent Calendar except Items 3-A, 3-G, 3-H and 3-I, reading resohrtions by title only and waiving further reading thereof. The motion 'i was approved by the following vote: AYES: Councilmembers Shriver. O'Connor, Holbrook. O'Day, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember McKeown MINUTES 3-A: Approval of minutes of the March 8 and the March 22, 2011, City Council meetings, was withdrawn at the request of staff. CRIME TASK FORCE 3-B: L.A Interagency Metropolitan Police Apprehension Crime Task Force Joint Pavers Agreement -recommendation to adopt Resolution No. 10568 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE LOS ANGELES INTER- AGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE JOINT POWERS AGREEMENT; AND AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENT NO.9351 (CCS),°' was approved. 4 Apri112, 2011 FIRE STATION ALERTING 3-C: Enhancement and Ongoing 1Ylaintenance for Fire Station SYSTEft'I Alerting System -recommendation to authorize the City Manager to negotiate and execute modifications to Contract No. 9130 (CCS) to increase the purchasing authorization with Advanced Electronics, in the amount of $8,622 ?4 for a new total of $162,175.24, for additional saftware license and maintenance agreements far the Fire Station Alerting System, was approved. 1211 NINTH STREET 3-D: Resolution No.105b9 {CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP N0.66909 FOR A 5-UNIT CONDOMINIUM PROJECT AT 1211 NINTH STREET," was adopted. 1940 - 44 CLOVERFIELD 3-E: Resolution No. 10570 (CCS) entitled: "A RESOLUTION OF BOULEVARDS THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO.61606 FORA 16-UNIT CONDOMINIUM PROJECT AT i 940 - 44 CLOVERFIELD BOULEVARD," was adopted. RENTAL AND CLEANING 3-F: Award of Uniform Floor iVlat Rental and Cleaning Services Sid SERVICES -recommendation to authorize the City Manager to amend Purchase order No. 16955 for Aramark Uniform Services, in the amount of $15,000, for services including uniform and floor mat rental and cleaning; and amend Bid No. 2952 for two additional one-year renewal options at the same prices, terms and conditions for a total of $525,000 over the seven-year term, was approved. WOODLAWN CEIYIETERY 3-J: Construction Contract for Woadlawn Cemetery Sewer and Paving Improvements Project -recommendation to authorize the City Manager to negotiate and execute Contract No. 9353 (CCS) with VCI Telecom, Inc. dba VCI Construction in the amount of $298,323, for the Woodlawn Cemetery Sewer and Paving Improvements Project, was approved. CITY HALL TENANT 3-K: Construction Contract for City hall Tenant Improvements - IMPROVEMENTS recommendation to authorize the City Manager to negotiate and execute construction Contract No. 9354 (CCS) with California Averland Construction, Inc. in the amount of $531,300, for tenant improvements of City Hall Human Resources, City Clerk, and swing space offices, was approved. GENERAL SERVICES, 3-L: General Services Agreement with the County of Los Angeles - COUNTY OF L.A. recommendation to authorize the City Manager to negotiate and execute General Services Agreement No. (CCS) with the county of Los Angeles for afive-year period through June 30, 2016, was approved. April 12, 2011 BBB SECURITY At the request of Councilmember Sluiver, Items 3-G, 3-H and 3-I were presented concurrently. 3-G: Increase of Purchase Order for Big Blue Bus Security Service - recommendation to authorize the City Manager to increase the Purchase Order for U.S. Security Inc. in the amount of $200,000, for a new total of $671,903 to pay for the remaining months of FY 2010-11 until a new firm is selected, was presented. HISTORIC RESOURCE 3-H: Modification agreement to provide Historic Resource Analysis ANALYSIS (Jones & Stokes) -recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 9352 (CCS) with Jones & Stokes Associates, in the amount of $20,000 far a total amount of $90,000, to provide professional services in the field of historic preservation, was presented. HISTORIC RESOURCE 3-I: Modification agreemenk to provide historical Resource Analysis ANALYSIS (PCR Services Carporation) -recommendation to authorize the City Manager to negotiate and execute a modification to Professional Services Agreement 9225 (CCS) with PCR Services Corporation, in the amount of $50,000 for a total of $157,950, to provide professional services in the field of historic preservation, was presented. Councilmember Shriver advised he removed these three items from the Consent Calendar to share the additional information he received from staff related to the prices going up by substantial percentages. Motion by Councilmember Shriver, secmrded by Councilmember O'Connor, to approve the recommendations on all three items. The motion was approved by the following vote: AYES: Councilmembers O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember McKeown STUDY SESSION: 4-A: Youth Resource Team Policy Group Update -Committee YOUTH RESOURCE TEAM Chairs' presentation on the status of the Violence Prevention Action Plan POLICY including updates on the action priorities, timelines and benchmarks, was presented by team members Oscar de la Torre, Felicia Adams, and Aaron Youne. Discussion was held on the points made during the presentation. After discussion, on order of the Mayor, the information was received and filed. April 12, 2011 DOWNTOWN/CIVIC 4-B: Downtown/Civic Center Access: Discussion of specific CENTER ACCESS improvements supporting LUCE and Redevelopment Agency (RDA) Priority Implementation - recommendation to review and provide comment on recommended connections; and, direct staff to continue with planning and analysis to be incorporated into RDA priority discussion at an upcoming meeting, was presented. Members of the public Dee Cappelli, Barbara Filet, Mihai Peteu, Joe Bayes, Alison Kendall, Natalie Lewis, M. Calm, Kent Strumpell, and Richard McKinnon generally spoke in favor of the project and of bicycle lane improvements. Member of the public Louisa Fish spoke in favor of transportation coordination. Member of the public Denise Barton spoke in opposition to the project. Considerable discussion ensued on the merits of the presentation, the information provided and the public comment received. On order of the Mayor, after discussion, the information was received and filed. ORIDINANCES: 7-A: Second reading and adoption of Ordinance No. 2352 (CCS) OPEN CONTAINERS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SECTION 4.0$.200 OF THE MUNICIPAL CODE RELATED TO PROHIBITION OF OPEN CONTAINERS WITHIN PUBLIC PARKS AND BEACHES." was presented. Motion by Mayor Pro Tem Davis, seconded by Cotmcilmember Holbrook, to adopt ordinance, reading by title only, waiving fiirther reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councihnember McKeown PROHIBITION OF 7-B: Second reading and adoption of Ordinance No. 2353 (CCS) VEHICLES ON PITBLIC entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA BEACHESIPARI~S AMENDING SECTION 3.12.640 OF THE MUNICIPAL CODE RELATED TO PROHIBITION OF VEHICLES ON PUBLIC BEACHES AND IN PUBLIC PARKS IN ORDER TO PERMIT DRIVERS WHO ARE PART OF CITY PERMITTED EVENTS, AND AUTHORIZED CITY EMPLOYEES AND CITY CONTRACTORS, TO OPERATE VEHICLES ON PUBLIC BEACHES AND IN CITY PARKS," was presented. 1 April 12, 2011 to adopt ordinance, reading by title only, waiving further reading thereof. The motion was approved by the following vote: AYES: Councihnembers O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember McKeown VEHICLE PARKING 7-C: Introduction and first reading of an Ordinance amending RESTRICTIONS Municipal Code Sections 3.12.860 and 3.12.880 related to large vehicle parking restrictions; and, adoption of Resolution No. 10572 (CCS} entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING ON-STREET PARKING REGULA-TIONS FOR SPECIFIC VEHICLE HEIGHTS PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA VEHICLE CODE," was presented. There was no one present for public comment. Motion by Councilmember O'Day, seconded by Mayor Pro Tem Davis, to introduce ordinance, reading by title only, waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember McKeown Motion by Councilmember Holbrook, seconded by Councilmember O'Dav, to adopt resolution, reading by tifle only, waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember McKeown SIGN GRDINANCE 7-D: Introduction and first reading of an amendment to Municipal Code Chapter 9.52 regarding signs to allow businesses to use different types of signage to create a greater identity without impeding the right of cvay, including temporary signs to market their wares and/or services to the public. On order of the Mayor, and at the request of staff, this matter was continued to May i0, 2011. April 12, 2011 ANTI-SMOKING LAW 7-E: Introduction and first reading of an ordinance amending the Anti-Smoking Law to correct a clerical error and reinstate previously adopted amendments to that law expanding the prohibitions against smoking in residential common areas, was presented. There was no one present for public comment. Motion by Councilmember O'Dav, seconded by Mayor Pro Tem Davis, to introduce the ordinance, 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, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT Councilmember McKeown STAFF ITEMSc 8-A: Continued public bearing and adopfian of Resolution No. 10571 MULTIFAMILY HOUSING {CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA REVENUE BONDS MONICA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ASSIST IN THE Fhi TANCNG OF 49 AFFORDABLE SENIOR APARTMENTS AT 1924 & 1934 EUCLID STREET, 1753 18~ STREET, AND 174 14rH STREET," was presented. r ,:. r The following members of the public spoke in opposition to the proposed action: Beverly Collins, Wendy Lamm; Jule Lamm, Judy Lamm, Nancy Douglass, and Linas Baskauskas. The following members of the public spoke in support of the proposed action: Vonda Richardson, Lotusa Fish, Gary Squier, Reverend Ruben Ford, and Michelle Wittig. Motion by Mavor Pro Tem Davis seconded by Mayor Bloom, to adopt the resolution and approve recommendation. The motion ryas approved by the following vote: AYES: Couneilmembers O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember McKeown COUNCIL ITEMS: 13-A: Appointment to one unscheduled vacancy on the Disabilities APPOINTMENT Commission for a term ending on June 30, 2014. On order of the Mayor, this matter was continued to Apri126, 2011. April 12, 2011 ~1lnyor Bloom was excused at The Mayor requested to be excused and asked the Mayor Pro Tem to 10: 0~ p. m. assume the Chair. Mayor Pro Tem Davis assumed the Chair. RESIGNATION 13-B: Rceommendation to accept Gail Myers' resignation from the Social Services Commission and authorize the City Clerk to publish the vacancy, was presented. Motion by Councilmember O'Connor, seconded by Councilmember O'Dav, to approve recommendation. The motion was unanimously approved by voice vote, with Councilmember McKeown and Mayor Bloom absent. PUBLIC INPUT: Member of the public Denise Barton commented on various issues. Members of the public Danilo Bach, Cindy Bendat, Harley Frankel, Andrew Jayne, Catherine Jayne, Daryl Bristol and Tom Belin submitted a neighborhood petition in support of retaining the palm trees lining their residential streets and in opposition to a proposed City plan of replacing the palm trees by sycamores. AD3OURNMENT On order of the Mayor Pro Tem, the City Council meeting was adjourned at 10:27 p.m. ATTEST: APPROVED: Maria M. Stewart Richard Bloom City Clerk Mayor 10 April 12, 2011