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M-092711CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 27, 2011 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:33 p.m., on Tuesday, September 27, 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 Councilmember Shriver (arrived at 5:45 p.m.) Also Present: Assistant City Manager Elaine Polachek City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart i CONVENE/PLEDGE On order of Mayor, the City Council convened at 5:33 p.m., with Councilmember Shriver absent. City Clerk Maria M. Stewart led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There being no one present for public comment, the City Council recessed at 5:34 p.m., to consider closed sessions and returned at 6:38 p.m., with all Councilmember Shriver members present, to report the following: arrived at 5:451).m. 1 -A: 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. 1 -B: Conference with Legal Counsel — Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b) — 3 cases: Claim of Dunn and Robhana; Claim of Michael McKinsey and one other case. City Attorney Marsha Moutrie reported that this item was heard and no reportable action was taken. September 27, 2011 1 -C: Conference with Legal Counsel -Existing Litigation: Alcorn v. City of Santa Monica, Los Angeles Superior Court Case Number SC 108763 (consolidated with Los Angeles Case Number SC 110 119) Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to approve Settlement No. 9475 (CCS) related to a bus accident case, in the amount of $38,250. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None 1 -D: Public Employee Evaluation. Title of Employees: City Clerk Mayor Bloom reported that this item was heard and no reportable action was taken. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. There being a Consent Calendar each for the City Council and the - Redevelopment Agency, on order of the Mayor, and with the consensus of Councilmembers, the Council convened to a joint meeting with the Redevelopment Agency at 6:38 p.m., and the two Consent Calendars were heard concurrently. Members of the public Joey Fullmer, Denise Barton, and Catherine Eldridge commented on various Consent Calendar items. Member of the public Jerry Rubin spoke in opposition to Item 3 -L. At the request of Agency /Councilmember McKeown, Items 3 -Q and 3 -R were removed from the Consent Calendar. Motion by Agency /Councilmember 1olbrook, seconded by Chair /Mayor Pro Tern Davis, to approve the Consent Calendars except for Items 3 -Q and 3 -R, reading resolutions by title only, and waiving further reading thereof. The motion was approved by the following vote: AYES: Agency /Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Chair /Mayor Pro Tem Davis, Chair/Mayor Bloom NOES: None ABSENT: None 2 September 27, 2011 MINUTES 3 -A: The minutes of the September 23, 2011, City Council meeting, were approved. POLICE DEPARTMENT 3 -13: Police communication hardware and software program — SOFTWARE recommendation to authorize the City Manager to award a sole- source purchase order to Future Concepts Inc., in the amount of $250,000, to purchase hardware and software to provide the Police Department with regional command and control capabilities that can be used during times of disaster and emergency, was approved. PARKING MACHINES 3 -C: Pay -By -Space parking machines for beach parking lots — recommendation to authorize the City Manager to award a purchase order to Digital Payment Technologies, in the amount of $250,000 for parking space machines for the beach parking lots, was approved. GRANT FUNDS 3 -D: Recommendation to accept $46,126 in grant funds from the U.S. Department of Justice and approve the proposed budget changes, was approved. SADDLE PEAK 3 -E: Lease extension for Saddle Peak antenna site — recommendation ANTENNA to authorize the City Manager to negotiate and execute a second amendment to Lease No. 8377 (CCS), with American Tower Corporation, in the amount of $214,890 for a total of $355,090, to extend an existing anterma site lease for an additional five years, was approved. 1705 —1725 OCEAN 3 -F: Resolution No. 10608 (CCS) entitled "A RESOLUTION OF THE AVENUE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR TRACT NO. 69828 TO SUBDIVIDE A PROPERTY AT 1705 -1725 OCEAN AVENUE," was approved. 1755 OCEAN AVENUE 3 -G: Resolution No. 10609 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR TRACT NO. 69822 TO SUBDIVIDE A PROPER'L'Y AT 1755 OCEAN AVENUE ", was approved. 1212 5TH STREET 3 -H: 1212 5th Sheet lease extension — recommendation to authorize the City Manager to negotiate and execute a second extension of Lease No. 8404 (CCS), with Wilshire & 5"' I & II, LLC for continued occupancy by the Office of Sustainability and the Environment at 1212 Fifth Street, first floor to: extend the term of the lease by an additional five months, and continue the existing monthly base rent, maintenance cost, and parking fees, was approved. September 27, 2011 MAIN STREET 3 -I: Main Street Festival Lighting System Improvements — LIGHTING recommendation to authorize the City Manager to negotiate and execute a modification to Contract No. 8389 (CCS) with the Main Street Business Improvement Association, to continue operating the festival lighting, was approved. DOWNTOWN SPECIFIC 3 -J: Planning services related to Downtown Specific Plan — PLAN recommendation to authorize the City Manager to negotiate and execute Contract No. 9476 (CCS) with Torti Gallas and Partners, hic., in the amount of $655,500 to provide land use and urban design services, transportation planning, economic analysis, architectural and urban form studies, circulation and parking analysis, and community outreach services related to the preparation of the Downtown Specific Plan, was approved. FIRE INSPECTIONS 3 -K: Resolution No. 10610 (CCS) entitled, "A RESOLUTION OF THE FEES CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING THE FEE SCHEDULE FOR COMMERCIAL INSPECTIONS ", was approved. EXPO LIGHT RAIL - 3 -L: Grant funds for tree relocation related to Expo Light Rail— TREE RELOCATION recommendation to adopt Resolution No. 10611 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE URBAN FOREST ENHANCEMENT ALONG EXPO LIGHT RAIL AND THE EXECUTION OF DOCU- MENTS NECESSARY TO PARTICIPATE IN THE PROGRAM ", was approved. ENERGY EFFICIENCY 3 -M: Community Energy Partnership Resolution — recommendation to adopt Resolution No. 10612 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHOR- IZING THE CITY TO PARTICIPATE IN THE COMMUNITY ENERGY PARTNERSHIP PROGRAM, was approved. MUNICIPAL AIRPORT 3 -N: Paving Improvements at the Municipal Airport— recommen- IMPROVEMENTS dation to authorize the City Manager to negotiate and execute Contract No. 9477 (CCS) with Sully- Miller Contracting Co, in the amount of $186,571 for paving improvements at the Santa Monica Municipal Airport, was approved. TRANSACTIONS AND 3 -0: Transactions and Use Tax Records Audit— recommendation to USE TAX AUDIT authorize the City Manager to negotiate and execute an amendment to Contract No. 9274 (CCS) with Hinderliter, deLlamas and Associates (HdL) adding transaction and use tax audit and information services to the scope of work; and, to adopt Resolution No. 10613 (CCS) entitled: September 27, 2011 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING EXAMINATION OF TRANSACTIONS AND USE TAX RECORDS ", was approved. BICYCLE TECHNOLOGY 3 -P: Bicycle Technology demonstration grant —recommendation to DEMONSTRATION authorize the City Manager to negotiate and execute Agreement No. 9478 PROJECT (CCS) with Alta Planning + Design in the amount of $138,750 to provide grant- funded design, data collection and evaluation services for the Bicycle Technology Demonstration Project, was approved. ANNUAL PAVING 3 -S: Annual Paving Project contracts and grant funds — PROJECT recommendation to authorize the City Manager to negotiate and execute Contract No. 9481 (CCS) with PALP, Inc. DBA Excel Paving Company, in the amount of $5,569,836 for the Project; Contract No. 9482 (CCS) with Civil Source, in the amount of $509,388 for construction management and inspection services; accept grant funds of $110,992 from the California Integrated Waste Management Board; and approve the proposed budget changes, was approved. STREETLIGHTING 3 -T: LED Streetlighting and Pier Lighting Retrofits Project — RETROFITS recommendation to authorize the City Manager to negotiate and execute Contract No. 9483 (CCS) with C.T. & F, Inc., in the amount of $683,466 for the LED Streetlighting and Pier Lighting Retrofits Project, was approved. JOINT POWERS 3 -U: Adoption of Resolution No. 10614 (CCS) entitled, "A AUTHORITY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY'S MEMBERSHIP IN THE LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE JOINT POWERS AUTHORITY, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE JOINT POWERS AGREEMENT, AND REPEALING RESOLUTION NO. 10568 ", and authorizing the City Manager to negotiate and execute Joint Powers Agreement No. 9484 (CCS), was approved. MEETING 3 -V: Recommendation to cancel the December 27, 2011 regular City CANCELLATION Council meeting, was approved. JOINT MEETING: 3 -W: Redevelopment Agency Enforceable Obligation Payment REDEVELOPMENT Schedule — recormmendation that the Agency adopt Resolution No. 534 AGENCY (RAS) entitled, "RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA APPROVING AND ADOPTING THE PRELIMINARY DRAFT OF THE INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE ", was approved. September 27, 2011 BIODIESEL FUEL 3 -Q: Purchase of Biodiesel Fuel —recommendation to authorize the City Manager to negotiate and execute a Contract No. 9479 (CCS) with General Petroleum Corporation in an amount not to exceed $5,106,000 over a four and three - quarter year -teen to supply and deliver biodiesel fuel blends, was presented. Councilmember McKeown advised he removed this item from the Consent Calendar to cormnend staff on achieving one of the City's important sustainability goals through this purchase. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shiver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None BERGAMOT AREA PLAN 3 -R: Planning Services related to the Bergamot Area Plan — recommendation to authorize the City Manager to negotiate and execute Contract No. 9480 (CCS) with The Planning Center /DC &E, in the amount of $546,485, to provide urban design, planning, transportation planning, shared parking strategies, economic analysis, art integration, infrastructure and utilities analysis, phasing and implementation services, was presented. Councilmember McKeown advised he removed this item from the Consent Calendar to ask staff to describe the boundaries of the study. Staff provided information on the boundaries of the project. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to approve the recommendation. 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 ADJOURNMENT OF On order of the Mayor, the joint meeting with the Redevelopment Agency JOINT MEETING was adjourned at 6:49 p.m., and the regular City Council meeting was reconvened, with all members present. September 27, 2011 STUDY SESSION: 4 -A; Coordinated Planning and Implementation of circulation DOWNTOWN AND improvements in the Downtown and Light Rail Station Areas — LIGHT RAIL STATION recommendation to review and comment on the information provided; and provide direction on additional efforts to coordinate the Downtown circulation and enhance transit connections to Expo stations, was presented. Members of the public Denise Barton, Jerry Rubin, Kathleen Rawson, and Louisa Fish commented on various aspects of the presentation. Discussion ensued on the salient points of the presentation including, but not limited to, traffic flow, bicycle riding, street light coordination, Big Blue Bus routes, access to and from the Light Rail Station, and compliance with the Land Use Comprehensive Element. On order of the Mayor, the information was received and filed. ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2369 (CCS) TEMPORARY BANNERS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING 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. Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to adopt the ordinance, reading by title only and waiving farther 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 TAXICAB FRANCHISE 7 -13: Introduction and first reading of an ordinance amending Chapter 6 Sections of the Municipal Code changing the franchise and permit annual expiration dates, addressing non - franchise vehicle for hire operations; adding "authorized enforcement officer" to clarify taxicab inspections and deleting certain references to administrative functions. Introduction and first reading of five respective ordinances granting a taxicab franchise each to Bell Cab Company, Independent Taxi Owners' Association, Metro Cab Company, Taxi, Taxi, and Yellow Cab Company, changing the franchise and permit annual expiration dates, was presented. September 27, 2011 Members of the public David Foster, Ash Alkushawi, Fwad Sameh, Zubair Farooqui commented on the proposed changes to the ordinances. Motion by Councilmember McKeown, seconded by Councilmember O'Dav, to introduce the ordinance amending Sections 6.49.040, 6.49.060, 6.49.070, and 6.49.080 of the Municipal Code changing the franchise and permit amoral expiration dates, addressing non - franchise vehicle for hire operations; adding "authorized enforcement officer" to clarify taxicab inspections and deleting certain references to administrative functions, 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, O'Connor, Shriver, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: None Motion by Cotmcihmember O'Connor. seconded by Councilmember Holbrook, to introduce the ordinance granting a taxicab franchise to Bell Cab Company, changing the franchise and permit annual expiration dates, for fast 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 Motion by Councilmember Holbrook, seconded by Councilmember McKeown, to introduce the ordinance granting a franchise to Independent Taxi Owners' Association, changing the franchise and permit amoral expiration dates, for fast reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Cotmcilmembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tent Davis, Mayor Bloom NOES: None ABSENT: None Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to introduce the ordinance granting a franchise to Metro Cab Company, changing the franchise and permit amoral expiration dates, for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: September 27, 2011 AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: None Motion by Councilmember McKeown, seconded by Councilmember Holbrook, to introduce the ordinance granting a franchise to Taxi, Taxi, changing the franchise and permit annual expiration dates, 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, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None Motion by Mayor Pro Tern Davis, seconded by Councilmember Holbrook, to introduce the ordinance granting a franchise to Yellow Cab Company, changing the franchise and permit annual expiration dates, 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 Tern Davis, Mayor Bloom NOES: None ABSENT: None COMPENSATION FOR 7 -C: Introduction and first reading of an ordinance amending TAXICAB HIRE Chapters 6.48 and 6.49 of the Municipal Code regarding compensation for access to taxicabs or other vehicles for hire, was presented. Members of the public Michael Calin, Zubair Farooquin, Fwad Sameh, and David Foster commented on the item. Motion by Mayor Pro Tem Davis, seconded by Councilmember McKeown, 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 McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: None September 27, 2011 STAFF ITEMS: 8 -A: Taxicab fees and discounts for seniors and persons with SENIOR DISCOUNTS disabilities - recommendation to adopt Resolution No. 10615 (CCS) revising the taxicab franchise fee schedule; and recommendation to direct staff to maintain the existing 10% discount offered to seniors and persons with disabilities at its current level, was presented. Members of the public Louisa Fish, Rose Kaufman, David Foster, Cluistel Anderson, Fwad Sameh, commented on the item. Motion by Councilmember McKeown, seconded by Councilmember O'Connor, to approve the recommendation and direct staff to explore a more significant senior- discount. Considerable discussion ensued on the merits of the motion including but not limited to: what other comparable cities offer as discounts, subsidy arnounts, on the funding for possible discounts, and on the overall city services provided to senior residents. Substitute motion by Mayor Bloom, seconded by Councihember O'Day, to approve the recommendation; direct staff to undergo a comprehensive review of senior transportation programs, identifying and prioritizing gaps in the context of all senior programs; and consult with the appropriate commissions. The substitute motion was approved by the following vote: AYES: Councilmembers O'Day, Holbrook, O'Connor, Shiver, Mayor Pro Tern Davis, Mayor Bloom NOES: Councilmember McKeown ABSENT: None Councilmember McKeown stated, for the record, that his "no" vote reflects a belief that the substitute motion does not move forward the desired intent of providing taxi services to seniors who need them, and that he rejects the conversion of arguments on needs of seniors into some accusation of personal umbrage. PICO BRANCH LIBRARY 8 -B: Design Development Plans for Pico Branch Library — recommendation to approve design development plans for the Pico Branch Library Project; and direct staff to move forward with construction documents, was presented. Member of the public Christel Anderson commented in support of the project but in opposition to losing green space. Motion by Mayor Bloom, seconded Mayor Pro Tem Davis, to approve the recommendation. The motion was approved by the following vote: 10 September 27, 2011 AYES: Councilmembers McKeown, O'Day, Holbrook, O'Comior, Shriver, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: None PARKING STRUCTURE 6 8 -C: Guaranteed Maximum Price contract amendment for Parldng Structure 6 — recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 9212 (CCS) with Morley Construction Company, in the amount of $39,276,453 for a total contract of $43,165,803 for demolition of the parking structure, was presented. Member of the public Denise Barton spoke in opposition of the recommendation. Motion by Councilmember O'Connor, seconded Mayor Pro Tern Davis, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: None 13 -A: Appointment to one unscheduled vacancy on the Planning COUNCIL ITEMS: Commission for a term ending on June 30, 2012, was presented. PLANNING COMMISSION On order of the Mayor, the floor was opened for nominations. Mayor Bloom nominated Richard McKinnon to one vacancy. Councilmember O'Day nominated Paul Rosenstein to one vacancy. Mayor Pro Tern Davis nominated Gordon Cahn to one vacancy. On a vote by Council, no one received a majority vote, as follows: McKinnon: Councilmembers O'Connor, Mayor Bloom Rosenstein: Councilmembers Shriver, Holbrook, O'Day Cahn: Councilmember McKeown, Mayor Pro Tern Davis The Mayor opened the floor for new nominations. Mayor Bloom nominated Richard McKinnon. Councilmember Shriver nominated Paid Rosenstein. Richard McKinnon was appointed by the following vote: 11 September 27, 2011 McKinnon: Councilmembers O'Connor, McKeown, Mayor Pro Tem Davis, Mayor Bloom Rosenstein: Councilmembers Shriver, Holbrook, O'Day Motion by Councilmember Shriver, seconded by Mayor Bloom to appoint Mr. McKinnon by acclamation. The motion was unanimously approved, thereby appointing Mr. McKinnon by acclamation, with all members present. COUNCIL CHAMBERS 13 -B: Request of Mayor Bloom that the City waive the customary fees for use of the Council Chambers to allow the California Senate Select Committee on the Environment, the Economy and Climate Change to host a public meeting on Thursday, October 20, 2011 from 9 :00am to 4:30pm, was presented. There was no one present for public conmrent. Motion by Mayor Bloom, seconded Mayor Pro Tern Davis, to approve the recommendation. The motion was approved by unanimous voice vote, with all members present. PUBLIC INPUT: Members of the public Cris Gutierrez, Denise Barton, Louisa Fish and Linda Piera -Avila commented on various local issues On order of the Mayor, the City Council meeting was adjourned at 10:32 p.m. in memory of Mary Borstner and Scott Wanaberg. ATTEST: APPROVED: Ca'�� Maria M. Stewart C�9w ard Bloom City Clerk or 12 September 27, 2011