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M-091311CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 13, 2011 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:35 p.m., on Tuesday, September 13, 2011, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Tem Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Pam O'Connor Councilmember Terry O'Day Absent: Councilmember Shriver Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE /PLEDGE On order of the Mayor, the City Council convened at 5:35 p.m., with Councilmember Shriver absent. Former City Manager Susan McCarthy and former Mayor Michael Feinstein led the assemblage in the Pledge of Allegiance in remembrance of the terrorist attacks against the World Trade Center in New York City on September 11, 2001, and in memory of all the victims and their families. CLOSED SESSIONS There being no one present for public comment, the City Council recessed at 5:36 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: Ruben v. City of Santa Monica, Los Angeles Superior Court Case Number SC 110634. Motion by Councilmember O'Connor, seconded by Mayor Pro Tem Davis, to approve Settlement Agreement No. 9459 (CCS) in the amount of $60,000. The motion was approved by the following vote: September 13, 2011 AYES: Councilmembers McKeown, O'Connor, O'Day, Holbrook, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember Shriver 1 -B: Conference with Legal Counsel —Existing Litigation: Sipple v. City of Alameda, et al., Los Angeles Superior Court Case Number BC 462270. City Attorney Marsha Moutrie reported that this item was not heard. 1 -C: Conference with Legal Counsel —Anticipated Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9 (c): 1 case City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -D: Conference with Legal Counsel —Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b) — 2 cases: Claim of Dunn and Robhana; Claim of Schober /Spurgin Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to approve Settlement Agreement No. 9460 (CCS) in the amount of $15,000 to Harding and Lanuore, and Settlement Agreement 9461 (CCS) in the amount of 12,599.50 to Foley and Lardner. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember Shriver SPECIAL ITEMS: 2 -A: Introduction of Ed King, Director of Transit Services (Big Blue INTRODUCTION Bus). City Manager Rod Gould introduced Mr. King as the new Director of the Big Blue Bus. Mr. King acknowledged the City Council's welcome wishes. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Joey Fullmer and Denise Barton conmlented on various Consent items. September 13, 2011 Members of the public Linda Armstrong, Cris McLeod and Ken Ward expressed concerns regarding Item 3 -E. Member of the public Marc Zamora spoke in support of delaying approval of Item 3 -I. At the request of Mayor Bloom, Item 3 -I was removed from the Consent Calendar. Motion by Councilmember O'Connor, seconded by Councilmember O'Day, to approve the Consent Calendar, reading resolutions by title only, except for item 3 -I, and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember Shriver MINUTES 3 -A: The minutes of the August 23, 2011, City Council meeting, were approved. WATER SHORTAGE 3 -13: Continuation of Advisory -Level Water Supply Shortage — reconumendation to adopt Resolution No. 10604 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL DECLARING A WATER SUPPLY SHORTAGE ", was approved. AIRCRAFT DONATION 3 -C: Donation of Police Aircraft to the Museum of Flying— recommendation to authorize the City Manager to donate the Police Department's 1973 Cessna 172 Skyhawk aircraft to the Museum of Flying, was approved. SECURITY GRANT 3 -D: Urban Area Security Initiative Grant Funds - recommendation to FUNDS authorize the City Manager to accept a grant award in the amount of $316,799, from the 2010 Urban Area Security Initiative; and authorize the proposed budget appropriations and changes, was approved. PROPERTY MANAGE- 3 -E: Property Management for City -Owned Residential Properties — MENT SERVICES recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 9183 (CCS) with Real Estate Consulting & Services, Inc., for $205,124, for a total amount of $1,630,864, to provide an expanded scope of property management services, was approved. TRAFFIC 3 -F: Advanced Traffic Management System, Phase 4c Project — MANAGEMENT recommendation to authorize the City Manager to negotiate and execute Contract No. 9462 (CCS) with Iteris, Inc. in the amount of $164,000, to provide project design services for the preparation of plans, specifications and estimates for the installation of the communication infrastructure for the project, was approved. September 13, 2011 CORPORATION YARD 3 -0: Modification for Corporation Yard Master Plan — MASTER PLAN recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 9129 (CCS) with RNL Interplan, Inc., in the amount of $41,435, for a total amount of $271,435, to provide additional scope of work to complete the project, was approved. AMENDMENT TO 3 -11: Resolution No. 10605 (CCS) entitled, "A RESOLUTION OF THE EMPLOYEE MOU'S CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE VARIOUS MEMORANDA OF UNDERSTANDING AS WELL AS EXECUTE A REVISED EXECUTIVE PAY PLAN," and authorizing the City Manager to execute individual Memoranda of Understanding Nos. 9463 (CCS) through 9470 (CCS), was adopted. AMENDMENT TO MEA 3 -I: Resolution No. 10606 (CCS) entitled, "A RESOLUTION OF THE EMPLOYEE MOU CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES ASSOCIATION," and authorizing the City Manager to execute Memorandum of Understanding No. 9471 (CCS)," was presented. Mayor Bloom advised he removed this item from the Consent Calendar to ask staff to respond to comments made by a member of the public. Staff provided additional information and answered questions of Council Members. Motion by Mayor Bloom, seconded by Mayor Pro Tem Davis, to approve the recommendation, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, O'Day, Holbrook, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Couicihnember Shriver ORDINANCES: 7 -A: Introduction and first reading of an ordinance amending TEMPORARY BANNERS Municipal Code Section 4.08.500 to clarify the City's authority to hang temporary banners for the purpose of promoting or calling attention to the City and its economic vitality and to also reflect the change in name of Bayside District Corporation to Downtown Santa Monica, Inc., was presented. There was no one present for public comment. September 13, 2011 Motion by Councilmember O'Connor, seconded by Mayor Pro Tern Davis, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmember Shriver STAFF ITEMS: On order of the Mayor, and with consensus of Councilmembers, Items 8 -A EXPO METRO LINE and 8 -13 were heard concurrently. AGREEMENT 8 -A: Master Cooperative Agreement with Expo Metro Line Authority for construction of a light rail transit rail system — recormnendation to approve Resolution No. 10607 (CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING A MASTER COOPERATIVE AGREEMENT WITH THE EXPOSITION METRO LINE CONSTRUCTION AUTHORITY AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE TIIE MASTER COOPERATIVE AGREEMENT AND TO NEGOTIATE AND EXECUTE ANY OTHER ANCILLARY AGREEMENTS THAT MAY BE NECESSARY AND APPROPRIATE," approving a Master Cooperative Agreement No. 9472 (CCS), was presented. EXPO METRO LINE 8 -B: Update on the Exposition Light Rail Project in the City of Santa PROJECT UPDATE Monica — recommendation that Council: receive the track aligninent and station conceptual plans for the Exposition Light Rail line; and direct staff to proceed with continued design review and coordination with the Exposition Light Rail Construction Authority; and authorize the City Manager to continue to negotiate with the Exposition Construction Authority and Skanska -Rados joint venture team for identified station betterments at Memorial Park/17th St. Station and at Bergamot/26t" St. Station, and return to Council with final commitment recommendations, was presented. Members of the public Jerry Rubin, Denise Barton, and Christel Anderson commented on the recommendation and expressed various concerns regarding the impact of the project and construction. Motion by Mayor Pro Tern Davis, seconded by Councilmember O'Day, to approve the recommendation for 8 -A. The motion was approved by the following vote: September 13, 2011 AYES: Councilmembers McKeown, O'Connor, O'Day, Holbrook, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember Shriver Motion by Councilmember McKeown, seconded by Councilmember Holbrook, to approve the recommendation as to 8 -B, with direction to staff that the City strive to maintain complete streets and make the street running part of the line within Santa Monica as pedestrian and vehicle friendly as possible. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, O'Day, Holbrook, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmember Sbriver TENANT PROTECTION 8 -C: Information and recommendations regarding potential changes to Relocation Assistance and Tenant Harassment Ordinances — recommendation to direct the preparation of ordinances for first reading that would (1) increase for permanent relocation benefits; (2) change the eligibility requirements for the permanent relocation enhancement for seniors, disabled and families with children; (3) correct certain code section references in the relocation ordinance; and (4) extend tenant harassment protections to all tenants covered by just cause eviction rules, was presented. Member of the public Ch istel Anderson spoke in support of the recommendation. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to approve the recommendation, with direction to staff on issues discussed during deliberation. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown Mayor Pro Tenn Davis, Mayor Bloom NOES: None ABSENT: Cormcilmember Sluiver COUNCIL ITEMS: 13 -A: Appointment to one unscheduled vacancy on the Planning APPOINTMENT Commission for a term ending on June 30, 2012, was continued to the September 27`h meeting. 6 September 13, 2011 LOCAL PREFERENCE 13 -13: Request of Councilmember McKeown that the Council ON BIDS authorize staff to prepare an ordinance increasing the City's existing local company preference on competitive City bids (SMMC 2.24.090(c) and 2.24.100(d)) to one and one half percent, reflecting the "buy local" benefits of 2010's Measure Y as passed by Santa Monica voters, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to approve request. Discussion ensued on the merits of the motion and on the preference will work if this request is approved. After discussion, Councilmember McKeown modified the motion as follows: Motion by Councilmember McKeown, seconded by Councilmember O'Connor, to ask staff to evaluate, investigate and suggest a course of action including an ordinance, if appropriate, and return to Council for consideration before preparing an ordinance. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. ILLEGAL VACATION 13 -C: Request of Mayor Pro Tem Davis and Councilmember RENTALS McKeown that the Council direct staff to evaluate whether the current ordinance and associated penalties are effective in deterring illegal vacation rentals, and to return to Council with recommendations, was presented. There was no one present for public comment. Motion by Mayor Pro Tem Davis, seconded by Councilmember McKeown, to approve request. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. TENANT PROTECTION 13 -D: Request of Mayor Pro Tem Davis and Councilmember McKeown to direct staff to evaluate potential risks to renters created by SB332 and other recent legislation and court cases, and to return to Council in a timely fashion with recommendations for ordinances, or amendments to existing ordinances, to protect Santa Monica renters, was presented. There was no one present for public comment. 7 September 13, 2011 PUBLIC INPUT: Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to approve the request, as amended. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. Members of the public Anthony Hilder, Marc Zamora, and Denise Barton commented on various city issues. On order of the Mayor, the City Council meeting was adjourned at 8:52 p.m.. in memory of Jere Melo, Mary Borstner, and all the victims of the September 11, 2001 terrorist attacks against the World Trade Center in New York City. ATTEST: uiv � `aa�u4- Maria M. Stewart City Clerk APPROVED: -9501-1 Richard Bloom Mayor September 13, 2011