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m-051011CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 10, 2011 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:55 p.m., on Tuesday, May 10, 2011, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Tem Gleam Davis (arrived at 6:35 p. m.) Counciimember Kevin McKeown Counciimember Terry O'Day Councihnember 5hriver Absent: Counciimember Robert T. Holbrook Counciimember Pam O'Coimor Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie Acting City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of Mayor, the City Council convened at 5:55 p.m., with Councilmembers Holbrook, O'Connor, and Mayor Pro Tem Davis absent. Counciimember O'Day ied the assemblage in the Pledge of Allegiance. CLOSEID SESSIONS There were no comments from the public. 11layor Pro Tem Dm>is On order of The Mayor, the City Council recessed at 5:56 p.m., to consider arrived at 6.•3~ p. m. closed sessions and reconvened at 6:41 p.m., with Councilmembers Holbrook and O'Connor absent, to report the following: 1-A: Conference with Legal Caunsel -Existing Litigation: Embassv LLC and P12G Embassv, LP v_._ ~'itv of Santa Monica et al.. Los Angeles Superior Court Case Number SS 119080. The City Attorney reported that the City, Rent Control Board (RCB) and Embassy 1-Iote1 have negotiated a settlement agreement to resolve pending litigation and that the settlement has been unanimously approved and executed by the RCB and by Embassy. The settlement will allow Embassy to transition to the operation of all of its units as hotel emits subject to the following measures designed to mitigate the impact of the agreement on the availability ofrent-controlled housing in the City as follows: s All current #enants may continue to live in their rent controlled units '. for 48 months afrer the date of the Effective Date of the Agreement {May 10, 2011). ® In addition, Tenants shall be paid relocation fees in effect at the May 10, 2011 time their unit is vacated pursuant to Santa Monica Municipal Code § 436.Q40(e) and § ~}.36.110(a). Embassy and existing tenants may negotiate other terms, including , but not limited, to the Embassy offering current tenants cash or incentives for vohmtarily terminating their tenancies prior to the expiration of the four-year period. Embassy must, however, offer no less than the applicable statutory relocation amolmt in effect at the time that the Embassy and the tenant agree to an early termination of the tenancy. The RCB will approve a hotel exemption for the 19 tenant units. For tenant units that are currently vacant, the hotel exemption will take effect immediately upon approval of the exemption. For tenant units that are currently occupied, the hotel exemption will not become effective until the tenant vacates the unit in compliance with the terms of the settlement agreement. To ensure enforceability of Embassy's agreement to defer their rights under the Ellis Act to remove the tenant units from the rental market after the adverse published appellate decision in this case, Embassy has acknowledged the receipt of direct financial contribution to support the settlement, and that it fits within the "land use" exemption to the Ellis Act. The City Attorney recommended approval of the settlement and authorization to the City Manager to execute a request that the court retain jurisdiction of the case to ensure enforcement of the judgment. Motion b~yor Pro Tem Davis, seconded by Councilmember O'D~, to approve Settlement Agreement No. 936A (CCS). The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor 1-B: Conference lvith Legal Counsel -Existing Litigation: City= of Santa Monica v. Exnedia, Inc., et al., Los Angeles Superior Court Case Number SC 08568. The City Attorney reported that this item was heard and no reportable action was taken, 1-C: Conference with Legal Counsel regarding Claim No. 10-©715. Claimant's name: Claim of Raul Da Costa -Yankee Doodles. The City Attorney reported that this case was for a main line backup and recommended a settlement of $82,SQ0. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, 2 May 10, 2011 to approve Settlement Agaeement No. 93b5 (CCS) in the amount of $82,500. The motion was approved by the following vote: AYES. Councilmembers McKeo~~,~, O'Day, Slu7ver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councihnembers Holbrook. O'Connor 1-D: Conferenee with I2ea1 Property Negotiator: Property: 401 ®cean Avenue City Negotiator: Andy Agle, Dir., Housing and Economic Development Under Negotiation: Interest in I2eat Property Owner of Idecord: Donald dlorris The City Attorney reported that this item was heard and no reportable action was taken. SPECIAL, AGENDA 2-A: Proclamation declaring Saturday, May 21, 2011, as "National ITEIdIS: Kids to Parks Day" in the City of Santa 1~Ionica, was presented by the Mayor to Neil Caffrey, Chair of the Recreation and Parks Commssion. 2-B: Proclamation declaring May 2011 as "Mental health Awareness Month" in the City of Santa Monica, was presented by the Mayor to Chris Arroyo, Chair, and Commissioners Glenda Berg and Richard Hilton of the Disabilities Commission. 2-C: Proclamation declaring May 2011 as "elder Americans Month" in the City of Santa Monica, was presented by the Mayor to Louisa Fish of the Commission for the Senior Community. 2-D: Proclamation declaring May 15 through May 21, 2011 "National Public Works ~3'eek," was presented by the Mayor to Martin Pastucha, Director of Public Works 2-E: Proclamation declaring the month of Ma} 2011, "Building and Safety Month", was presented by the Mayor to Ron Takiguchi, Building Officer, Eileen Fogarty, Director of Planning & Community Development, and James Wilson, Building & Safety Commissioner. CONSENT CALENDAi2: A11 items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Joev Fullmer, Louisa Fish, Jerry Rubin, and Denise Barton commented on various Consent Calendar items. Motion by Councilmember O'Dav, seconded by Councilmember May 10, 2011 McKeown, 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 McKeown, O'Day, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor MINUTES 3-A: The minutes of April 12 and April 26, 2011, City Council meetings, were approved as submitted. MEDICAL DIRECTOR 3-B: Fire Department Medical Director Services -recommendation to SERVICES authorize the City Manager to execute Contract No. 9366 (CCS), in the amount of $120,000, for a possible fow-year term, v<rith Dr. R%alid Ghtirabi, to serve as the Fire Department Medical Director for the City, was approved. DIAL-A-RIDE SERVICES 3-C: Dial-A-Ride Services -recommendation to award Bid No. 3018 to MV Transportation, Inc., in the amount of $1,599,586, for Dial-A-Ride services for a three year term, was approved. BBB DIRECTOR 3-D: Executive recruitment sen~ices for BBB Director - RECRUITMENT recommendation to authorize the City Manager to negotiate and execute Contract No. 9367 (CCS) with KL Executive Search, LLC, in the amount of $35,800 for a new total amount of $75,000, to provide executive recruitment services in the search for a new Director of Transit Services for the Big Blue Bus Department, was approved. TRANSIT GRANT I: UNDS 3-E: Transit Security Grant Eunds application -recommendation to: adopt Resolution No. 10575 (CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION AND TO EXECUTE AGREEMENTS IN FURTHERANCE OF TRANSIT SECURITY PROJECTS FOR THE BIG BLUE BUS", and execute Agreement No. 9368 (CCS) with the California Emergency= Management Agency for transit security equipment; and authorize the City Manager or designee to execute non-financially binding related docmnents, was approved. BBB CONSULTING 3-F: Big Blue Bus transit operations consulting services - SERVICES recommendation to authorize the City Manager to negotiate and execute Agreement No. 9369 (CCS) with Fred M. Gilliam Associates, in the amount of $120,000 for a new total amount of $160,000, for transit operations consulting services, was approved. CIIARNOCK WELL 3-G: Charnock Well Brine Disposal - recommendation to appropriate 4 May 10, 2011 $5,022;887 from the Charnock Fund to the FY 2010-11 operathig budget (Water Fund} for the clisposal of brine water from the Arcadia Water Treatment Plant, was approved. URBAN FOREST 3-H: Comprehensive Urban Forest Maintenance Program - recommendation to authorize the City Manager to negotiate and execute Contract No. 9370 (CCS) with five additional one-year renewal options with West Coast Arborists. Ina, in the amount of $6,286,926, for comprehensive iuban forest maintenance program sere=ices, was approved. BIODIESEL FUEL 3-L• Purchase of biodiesel fuel - recommendation to authorize an increase to existing purchase order issued to General Petroleum Corporation, in the amount of $b00,000 for a new total of $2,650,131, to supply and deliver biodiesel fuel blends, was approved. 1432 2~o STREET 3-J: Statement of Official Action granting the appeal of the Planning Commission's denial of Conditional Use Permit IICUP-002 far the replacement of Public Parking Structure No. 6, at 1432 2"a Street, was approved. RECESS On order of the Mayor, the regular meeting of the Cite= Council recessed to a special meeting of the Public Financing Authority at 7:11 p.m., and reconvened to flee regular City Cotmcit meeting at 7:12 p.m., with Councihnembers Holbrook and O'Connor absent. STUDY SESSION: 4-A: 4th/5th ~& Arizona Planning Workshops: Update on visioning 4th/5th & ARIZONA process for City-owned Site -recommendation to review the summary of the jdsioning process and provide input on the alternatives and criteria for analysis, was presented. Members of the public Denise Barton, Louisa Fish, Kathleen Rawson, Jerry Rubin, and Valerie Griffin made General comments about the project. Considerable discussion ensued on the merits of the presentation, including but not limited to an Ice Skating Rink, creating more retail and restaurants, a boutique hotel, a Plaza or public meeting place, more Arts, parking, accommodations for bikes, and that the project should pay for itself On order of the Mayor, after discussion, the information was received and filed. HOi~IEi,ESS ISSUES 4-B: Presentation on the status of a range of regional homeless issues including Veterans to Home -Project b0, United Way's Home for Good and Continuum of Care fundang priorities, was presented. There w=as no one present for public comment. Discussion was held on the points made during the presentation. After discussion, on order of the Mayor, the information was received and filed. May 10, 2011 ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2357 {CCS), LIGHT RAIL TRANSIT entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY SYSTEM OF SANTA MONICA AUTHORIZING THE CITY MANAGER TC NEGOTIATE COOPERATION AGREEMENTS WITH THI' EXPOSITION METRO LINE CONSTRUCTION AUTHORITY AND TI;E LOS ANGELES COUNTY METROPOLITAN TRANSPORATION AUTHORITY RELATING TO THE CONSTRUCTION A1VD OPERATION OF A LIGHT RAIL TRANSIT SYSTEM WITHIN THE CITY OF SANTA MONICA", authorizing the City Manager to negotiate Cooperation Agreement No. 9371 {CCS) with the Exposition Metro Line Construction Authority and Cooperation Agreement No. 9372 {CCS) with the Los Angeles Caunty Metrapolitan `Transportation Authority relating to the construction and operation of a light rail transit system within the City of Santa Maniea, was presented. Motion by Mayor Pro Tem Davis. seconded by Councihnember O'Day, to adopt ordinance reading by title only, w°ai«ng fi~rther reading thereof The motion was approved by the following vote: AYES; Councilmembers Shriver, O'Day, McKeown, Mayor Pro Tem Da~~s, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor E~IJAL BENEFITS 7-B: Second reading and adoption of Ordinance No. 2355 {CCS) SAME SEX SPOI7SES J entitled "AN ORDINANCE OF TFIE CITY COUNCIL OF THE CITY Ole DOMESTIC PARTiSERS SANTA MONICA ADDII~TG SECTION 4.65.025 TO THE SANTA MONCA MUNICIPAL CODE RELATLNG TO EQUAL BENEFITS", was presented. Motion by Councilmember O'Dav, seconded by Mayor Piro Tem Davis, to adopt ordinance reading by title only, waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Shriver, iVlayor Pro Tem Davis, Nlayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor SIGN ORDINANCE 7-C: Introduction and Eirst reading of an ordinance amending Municipal Code Sections 9.52.030, 9.52.140, 9.52150, and 9.52.160 relating to sign area calculation, permitted projecting signs, attractions or reader boards, and total sign area authorized in the RVC District, .which amendments would allow businesses to use different sign types or increased signage to create a greater identity. Additional changes to Municipal Code sections relating to signage and outdaor vending, including a pilot program in the CM District, was presented. - 6 May 10, 2011 Members of the public Gary Gordon and Frank Angiuli, spoke in favor of keeping the outdoor signs and the positive impact keeping them will have on businesses. Motion by Mawr Pro Tem Davis, seconded by Councilmember McKeown to hold the first reading of the ordinance, amended to include the following wording regarding portable signs: "9.52135 Temporary sign regulations. (d) Within the Main Street Commercial Zoning District, each business shall be allowed one temporary on-premises sign, if the temporary sign complies tivith the following requirements: {1) The sign shall not be larger than ten (10) square feet in size. (2) The sign face shall be no wider than two and a half (2 feet and no taller than four (4) feet and limited to two sides{faces with a total square footage of sign area not to exceed twenty (20) square feet. (3) The sign shall remain portable and shall not be attached or anchored to any public or private property:. {4) The sign is not of the type prohibited by subsections (a), (b), (e), {d), {e}, (f j, (g), {i), {j) {k), (1), or {m} of Section 9.~2.1~0 or by Section 4.2.200. {5) The sign shall be removed when the business is closed. This subsection section (d) shall remain in effect only until March 31, 2012, and after that date, unless otherwise extended. shall sunset and have no further force or effect. (*The existing subsection (d) of Section 4,52.135 shall become subsection (e) )>, The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor CAMPAIGN 7-D: Introduction and first reading of an ordinance of the City of CONTRIBUTION LIMITS Santa Monica amending Sections 11.04.050 and 11.04.070 of the Municipal Code relating to contributions to candidates for ofi5ee, adjusting the contribution limi# to 5400, and eliminating current restriction an uncontralled committees, was presented, There was no one present for public comment. Discussion ensued on the impact of increasing campaign contribution limits. Motion by Mavor Pro Tem Davis, seconded by Mavor Bloom, to introduce May 10, 2011 for first reading adjusting the contribution limit to $400, and amending Section 11.04.050 subsections (a) and {b), deleting the wards "or to any committee which supports or opposes such candidate." The City Attorney recommended an alternate motion to eliminate Section l 1.04.050 subsections (a} and (b), deleting the words "or to any committee which supports or opposes such candidate." With that recommendation, Mayor Pro Tem Davis withdrew her original motion. Motion by Mayor Pro Tem Davis seconded by~ Mayor Bloom, to introduce for first reading amending Section 11.04.OS0 subsections (a) and (b) deleting the words "or to any committee which supports or opposes such candidate", and leave the cm7-ent contribution limit at $250. Substitute motion by Mavor Bloom, seconded by Councilmember Shriver, to amend the Municipal Code to increase the dollar amount to $325 for campaign contributions limits, which is an arnormt between $250 and $400. Discussion ensued on the merits of the substitute motion. Mayor Bloom i~,rithdrew his substitute motion, with a~re~ment from the seconder. and asked for a friendly amendment to the main motion to direct staff to bring back campaign contribution limits at a time when there is at least asix-person council present. The amendment was accepted as friendly by the maker. The motion, as amended, was approved by the following vote: AYES: Councihnembers McKeown, O'Day, Shriver, Mayor Pro Tem Davis. Mavor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor EMERITUS Pt9SITI()t~tS 7-E: Introduction and first reading of an ordinance of the City of Santa Monica amending idlunicipal Code Section 2.4.010 and repealing Sections 2.12.155, 2.48.030 and 2.56.031 eliminating emeritns positions en various commissions, was presented. Member of the public Amy Bishop-Dunbar spoke in opposition to eliminating emerihls positions. Motion by Councilmember Shriver, seconded by Councilmember O'Day, to introduce ordinance, reading by title only, waiving further reading thereof. The motion was approved by the follou~nQ vote: AYES: Cotmcilmembers Shriver, O'Day, McKeown, Mayor Pro May 10, 2011 Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor STAFF ITEMS; 8-A: Auditing Services for the Cite of Santa Monica - AUDITING SERVICES recommendation to authorize the City Manager to negotiate and execute Agreement No. 4573 (CCS) with Macias, Gini and O'Connel, in the amount of $675,000 for afive-year term, to provide auditing services; and provide direction on a preferred form of communication with auditors. was presented. Discussion ensued and it was the consensus that the preferred form of communication would be to have auditors report publicly to Council their fmdings. Motion by_1Y1ayour Pro Tem Davis, seconded by Councihnember O'Day. to approve Agreement No. 9373 (CCS}; to have the auditors report back to Council publicly, and directed staff to determine if the Brown Act allows Council to meet with the auditor alone and without staff present. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSE-NT: Councilmembers Holbrook, O'Connor PUBLIC HEARINGS: 9-A: Public Hearing and approval of proposed FY 2011-12 One-Rear FY 2011-12 ONE-YEAR Action Plan Allocating Federal Community Development Block Grant ACTION PLAN (CDBG) and HOME Investment Partnerships Act Program (HOME) Entitlement Grant Funds -recommendation to hold public hearing and approve Proposed One-Year Action Plan; and, authorize staff to submit all documents required to receive the City's anmial CDBG and HOME entitlement grant funds to the U.S. Department of Housing and Urban Development, was presented. There was no one present for public input. Motion by Mayor Pro Tem Davis, seconded by Councihnember McKeow~tt, to approve staff recommendation. The motion was approved by the following vote: AYES: Cotncilmembers Shriver, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Comlor BBB ANALYSIS 9-B: Big Blue Bus lone-by-line analysis, 3-year Service Improvement May 10, 2011 Plan, alternatives analysis for Expo Transit connections, and public hearing for proposed fall service changes -recommendation to review and comment on the Line-by-line analysis, the service improvement plan i and the alternatives analysis for transit connections to Expo stations; to hold a public hearing and receive public comment; and, to approve recommended service changes, was presented. Members of the public Valerie Griffin, Louisa Fish, Liza Taylor, Zina Josephs, and Jerry Rubin spoke in opposition of the suggested bus line changes. Members of the publie Anna Swain, Kate Holt, Belinda Wayrnouth, Scott Smith, and Andrew Gledhill spoke in support of reducing or eliminating the #2 bus line service because of noise. Motion by Councilmember McKeown, seconded b}~ Mati•or Pro Tem Davis, Councilmember Shriver w~c~s to approve staff recommendation, with the understanding that staff will excused ttt 11: 20 p. m. revisit other proposed changes in the near fiihit•e. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Mayor Pro Tem Davis, Mavor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor, Shriver C®UNCIL ITEMS: 13-A: Appointment to unscheduled vacancies for the Architectural UNSCHEI)ULEI? Revietiv Board and the Housing Commission. VACANCIES On oizler of the Mayor, this item was continued to a future meeting. PUBLIC INPUT; Members of the public Cris Me Leod, Denise Barton, Ken Ward, Phyllis Goff, Claudia Garcia, Yadira Garcia, Dhuh May, Louise Steiner, Cosmo Bua, and Louisa Fish cammented on various local issues. ADJDURNNIENT On order of the Mayor, the City Council meeting was adjourned at 13:18 a.m., in memory of Mr. Kay Watanabe. ATTEST: 4t-"atif,~,~, ~l~,N' ~'~G{lt1-~~ Denise Anderson-Warren Acting City Clerk ^I~APPROVED: 1J '_' Richard Bloom Mayor 10 Mav 10, 3011