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M-101111CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 25, 2011 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:34 p.m., on Tuesday, October 25, 2011, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Tern Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Pam O'Connor Councilmember Terry O'Day Councilmember Shriver (arrived at 8:40 p.m.) 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 5:34 p.m., with Councilmember Shriver absent. Councilmember McKeown led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There being no one present for public continent, the City Council recessed at 5:35 p.m., to consider closed sessions and returned at 6:47 p.m., with Councilmember Shriver absent, to report the following: 1 -A: Conference with Rt Property: City Negotiator: Under Negotiation: Owner of Record: al Property Negotiator 1321 2 °d Street (Parking Structure No. 4) Andy Agle, Dir., Housing and Economic Development Price & Terms Lessee City Attorney Marsha Moutrie reported that this item was heard, and no reportable action was taken. October 25, 2011 1 -B: Conference with Re Property: City Negotiator: Under Negotiation: Lessee of Record: al Property Negotiator 2525 Michigan Avenue Andy Agle, Dir., Housing & Economic Dev. Interest in Real Property Bergamot Station, LTD City Attorney Marsha Moutrie reported that this item was not heard. 1 -C: 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 NMS Properties City Attorney Marsha Moutrie reported that this item was heard and no reportable action was taken. 1 -D: Conference with Legal Counsel —Anticipated Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9 (c): 2 cases City Attorney Marsha Moutrie 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. At the request of City Manager Rod Gould Item 3 -G was withdrawn from consideration. Members of the public Joey Fullmer and Denise Barton commented on various Consent Calendar items. Motion by Councilmember O'Connor, seconded by Mayor Pro Tern Davis, to approve the Consent Calendar except Item 3 -G, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmember Shriver October 25, 2011 EXPO LIGHT RAIL 3 -A: Exposition Light Rail Phase 2 Maintenance Facility Update— MAINTENANCE recommendation to support the community's preference for the selection of FACILITY Scenario 2 for the Expo Light Rail Maintenance Facility design; direct staff to continue working with the Expo Construction Authority, Metro, and consultant teams on design and construction; and direct staff to continue working with the community on the buffer zone, was approved. BRAKE RELINE KITS 3 -B: Brake Reline Kits —recommendation to award Bid No. 3059 to American Moving Parts and New Flyer hrdustries Canada LLC, in the amount of $1,000,000, for the purchase and delivery of brake reline kits to be divided evenly over a three -year term, was approved. BBB SECURITY 3 -C: BBB Campus Security Enhancements —recommendation to authorize the City Manager to negotiate and execute sole - source Contract No. 9493 (CCS) with Siemens Industry, Inc, in the amount of $331,185, to expand the DVTel video security system for the BBB campus, and approve the proposed budget changes, was approved. STREET SWEEPERS 3 -1): Purchase three Street Sweepers - reconunendation to award a purchase order to Mar -Co Equipment Company, in the amount of $889,655, for the purchase and delivery of three new and unused street sweepers, was approved. EMPLOYEE BENEFITS 3 -E: Resolution No. 10625 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORI7ING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING SETTING THE TERMS AND CONDITIONS OF MEDICAL INSURANCE COVERAGE WITH MANAGEMENT TEAM ASSOCIATES, SUPERVISORY TEAM ASSOCIATES, ADMINISTRATIVE TEAM ASSOCIATES, MUNICIPAL EMPLOYEES ASSOCIATION, PUBLIC ATTORNEYS' UNION, UNITED TRANSPORTATION UNION (LOCAL 1785), PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION, AND EXECUTIVE PAY PLAN PARTICIPANTS," authorizing the City Manager to execute Memorandum of Understanding No. 9494 (CCS) setting the terms and conditions of medical insurance coverage with the Coalition of Santa Monica City Employees, was adopted. EMPLOYEE BENEFITS 3 -17: Resolution No. 10626 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING SETTING THE TERMS AND CONDITIONS OF EMPLOYEE -PAID CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT PLAN (CALPERS) OPTIONAL BENEFITS FOR MISCELLANEOUS CITY EMPLOYEES BETWEEN CITY OF SANTA MONICA AND MANAGEMENT TEAM ASSOCIATES, October 25, 2011 SUPERVISORY TEAM ASSOCIATES, ADMINISTRATIVE TEAM ASSOCIATES, MUNICIPAL EMPLOYEES ASSOCIATION, PUBLIC ATTORNEYS' UNION, UNITED TRANSPORTATION UNION (LOCAL 1785), PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION, AND EXECUTIVE PAY PLAN PARTICIPANTS," authorizing the City Manager to execute Memorandum of Understanding No. 9495 (CCS) with the City's Miscellaneous bargaining units pertaining to retirement benefits for employees hired on or after July 1, 2012, was adopted. DOWNTOWN SANTA 3 -G: Downtown Santa Monica, Inc., budget and work plan - MONICA, INC recommendation to authorize preparation and execution of an amendment to the Amended and Restated Service Agreement No. 9063 (CCS) and in all ancillary agreements to incorporate the renaming of Bayside District Corporation to Downtown Santa Monica, Inc.; approve the organization's new Bylaw and Articles of Incorporation which reference its new name; approve the FY 20011/12 Work Plan and Budget; receive the annual report for FY 2010/11, was withdrawn by staff. PARKING METERS 3 -H: Purchase and installation of new parking meters — recommendation to authorize the City Manager to negotiate and execute sole - source Contract No. 9496 (CCS) with IPS, in the amount of $4,500,000, to purchase and install 6,100 parking meters, and $612,000 annually for ongoing operating costs; and, approve the proposed budget changes and appropriation of finds, was approved. EMPLOYEE 3 -I: Resolution No. 10627 (CCS) entitled, "A RESOLUTION OF THE CLASSIFICATIONS CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR ASSISTANT DIRECTOR OF COMMUNITY AND CULTURAL SERVICES, CITY ARCHITECT, DIRECTOR OF COMMUNITY AND CULTURAL SERVICES, EMERGENCY SERVICES MANAGER, PRINCIPAL ADMINISTRATIVE ANALYST — CITY MANAGER'S OFFICE, PRINCIPAL ADMINISTRATIVE ANALYST- FIRE, RECYCLING ASSISTANT, SENIOR ADMINISTRATIVE ANALYST — TRANSIT SERVICES, SENIOR ADMINISTRATIVE ANALYST — WATER RESOURCES, TREASURY ADMINISTRATOR," was adopted. TRANSIT PLAN 3-J: BBB Short Range Transit Plan, application for funds, drug and alcohol policy, and public bearing procedures — recommendation to adopt Resolution No. 10628 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO FILE THE FY 2012 -2014 SHORT RANGE TRANSIT PLAN, TO SUBMIT GRANT APPLICATIONS, AND TO NEGOTIATE AND EXECUTE GRANT AGREEMENTS IN FURTHERANCE OF THE SHORT RANGE TRANSIT PLAN," adopt the October 25, 2011 proposed Drug and Alcohol Policy/Procedures; and adopt the proposed Public Hearing Procedure for major service or fare changes, was approved. ALLOCATION OF STAFF 3 -K: Allocation of staff time to the City of Bell — recommendation to TIME TO CITY OF BELL authorize the allocation of no more than 80 hours of City of Santa Monica staff time at a cost not to exceed $7,000 to assist the City of Bell in the procurement of a property management firm for two mobile home parks owned by the City of Bell, was approved. STUDY SESSION: 4 -A: Zoning Ordinance Update Goals and Timeline — ZONING ORDINANCE recommendation to review the goals and timeline presented and direct staff GOALS & TIMELINE to proceed with the Zoning Ordinance Update, was presented. There was no one present for public comment. Motion by Councilmember O'Connor, seconded by Mayor Pro Tem Davis, to receive and file the information. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. APPEAL - LANDMARKS 6 -A: Appeal of Landmarks Commission decision to approve COMMISSION Certificate of Appropriateness application which allowed modifications to an approved design for the Town Square park project at 1655 Main Street, subject to conditions. On order of the Mayor, and at the request of staff, this Item was considered after Item 7 -C. 13177 To STREET 7 -13: Public hearing for Development Agreement IIDEV008 for a five -story mixed use project at 1317 7a' Street — recommendation to hold a public hearing, receive public conmlent, and introduce for first reading an ordinance adopting a Development Agreement between the City and SeventhandArizona, for the project, was presented. Christopher Harding, representing Applicant, spoke in support of the project. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Mayor Pro Tem 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 Tem Davis, Mayor Bloom NOES: None ABSENT: Couucihnember Shriver October 25, 2011 PARKS/PUBLIC SPACES 7 -C: Introduction and first reading of ordinances amending various sections of Chapter 4, and Section 6.36.030 of the Municipal Code Councilnrernber Holbrook relating to the permitted community events in the City's public spaces was excused at 7:58 p. tit. and parks, was presented. There was no one present for public comment. Motion by Councihnernber McKeown, 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 McKeown, O'Day, O'Connor, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmember Holbrook, Shriver ADMIN. ITEMS: 6 -A: Appeal of Landmarks Commission decision to approve 1685 MAIN STREET Certificate of Appropriateness application which allowed modifications to an approved design for the Town Square park project at 1685 Main Councilmember Iolbrook Street, subject to conditions — reconmiendation to uphold appeal 11 -APP- returned at8:09p.m. 008 and approve Certificate of Appropriateness Application I ICA -005 for the modified design of Town Square Park on the Landmark City Hall parcel at 1685 Main Street, was presented. Councilmember Shriver Members of the public Denise Barton, Louise Steiner, and Catherine arrived at 8:40 p.rn. Eldridge commented on various components of the project and generally spoke in opposition to the project. Member of the public Gillian Ware, Cosmo Bua, and Bill Mims spoke in opposition of removing the existing cypress trees and generally in opposition to the project. Member of the public Jerry Rubin spoke in support of the project. Members of the public Ruthami Lehrer, representing the Landmarks Commission, spoke in support of the Commission's reconmrendation. Margaret Bach and Nina Fresco commented on various aspects of the project and spoke in support of the Landmarks Cormission recommendation. Motion by Councilmember O'Connor, seconded by Councilmember O'Day, to uphold the appeal and approve the recommendation including adopting the conditions listed in the draft statement of official action. The motion was approved by the following vote: i October 25, 2011 Motion to amend by Couneihnember McKeown, to retain the existing juniper trees. The motion was not considered friendly by the maker. There was no second to the motion. The main motion was approved by the following vote: AYES: Councihuembers Shriver, O'Comror, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: None STAFF ITEMS: 8 -A: Design elements for Palisades Garden Walk and Town Square PALISADES GARDEN Project — recommendation to review and approve the design of the WALK AND TOWN Palisades Garden Walk Overlook Structures as approved by the SQUARE Architectural Review Board; approve the streetscape plans for Ocean Avenue and Main Street adjacent to the park areas; and, direct staff to proceed with construction documents, was presented. Member of the public Jerry Rubin spoke in favor of the recommendation. Motion by Councihuember McKeown, seconded by Councilmember I-lolbrook, to approve the recommendation. The motion was approved by the following vote: AYES: Councihuembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None SPECIAL JOINT On order of the Mayor, the regular City Council recessed to a joint meeting MEETING - with the Parking Authority and the Public Financing Authority at 10:08 p.m., with all members present. ISSUANCE OF LEASE 8 -B: Public Hearing and Issuance of Lease Revenue/Refunding REVENUE BONDS Bonds, Series 2011— recommendation that City Council hold a public hearing, receive public comment, and adopt Resolution No. 10629 (CCS) entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A GROUND LEASE, LEASE AGREEMENT, INDENTURE, CONTINUING DISCLOSURE CERTIFICATE AND A BOND PURCHASE AGREEMENT IN CONNECTION WITH THE ISSUANCE OF SANTA MONICA PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2011A AND SANTA MONICA PUBLIC FINANCING AUTHORITY LEASE REVENUE REFUNDING BONDS, SERIES 201113, APPROVING THE ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL 7 October 25, 2011 AMOUNT OF NOT TO EXCEED $45,000,000, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS" authorizing execution and delivery of Ground Lease No. 9497 (CCS /PFAS), Lease Agreement No 9498 (CCS/PFAS), Indenture Agreement 9499 (CCS /PFAS), continuing disclosure certificate and Bond Purchase Agreement No. 9501 (CCS /PFAS) related to the issuance of the bonds, approving the issuance of the bonds in the amount of $45,000,000, authorizing distribution of official statement and execution of necessary documents and certificates, and related actions; authorize the City Manager to negotiate and execute documents required to accept transfer of Parcel No. 4291- 009 -904 from the Parking Authority to the City; approve proposed appropriation of funds and budget changes. Recommendation that the Public Financing Authority hold a public hearing and adopt Resolution No. 9 (PFAS) entitled, "RESOLUTION OF THE BOARD OF DIRECTORS OF THE SANTA MONICA PUBLIC FINANCING AUTHORITY AUTHORIZING THE EXECUTION AND DELIVERY BY THE AUTHORITY OF A GROUND LEASE, LEASE AGREEMENT, AN INDENTURE, AN ASSIGNMENT AGREEMENT, AN ESCROW AGREEMENT AND A BOND PURCHASE AGREEMENT IN CONNECTION WITH THE ISSUANCE OF SANTA MONICA PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2011A AND SANTA MONICA PUBLIC FINANCING AUTHORITY LEASE REVENUE REFUNDING BONDS, SERIES 2011 B, AUTHORIZING THE ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $45,000,000, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS" authorizing execution and delivery of Ground Lease No. 9497 (CCS /PFAS), Lease Agreement No 9498 (CCS /PFAS), Indenture Agreement 9499 (CCS /PFAS), an assignment agreement, an escrow agreement, and Bond Purchase Agreement No. 9501 (CCS/PFAS) related to the issuance of the bonds, approving the issuance of the bonds in the amount of $45,000,000, authorizing distribution of official statement, execution of necessary documents, certificates and related actions; and, approve proposed appropriation of funds and proposed budget changes. Recommendation that the Parking Authority authorize the Executive Director to negotiate and execute the documents required to transfer Parcel No. 4291 - 009 -904 to the City, and appropriate proposed funds and budget changes, was presented. There was no one present for public comment. October 25, 2011 Motion by Councilmember Holbrook, seconded by Mayor Pro Tern Davis, to adopt Resolution No. 10629 (CCS) authorizing execution and delivery of Ground Lease No. 9497 (CCS /PFAS), Lease Agreement No 9498 (CCS /PFAS), Indenture Agreement 9499 (CCS /PFAS), continuing disclosure certificate and Bond Purchase Agreement No. 9501 (CCS /PFAS) related to the issuance of the bonds, approving the issuance of the bonds in the amount of $45,000,000, authorizing distribution of official statement and execution of necessary documents and certificates, and related actions; authorize the City Manager to negotiate and execute documents required to accept transfer of Parcel No. 4291 - 009 -904 from the Parking Authority to the City; and approve proposed appropriation of funds and budget changes. 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 Public Financing Authority Member Holbrook, seconded by Public Financing Authority Member O'Connor, to adopt Resolution No. 9 (PFAS) authorizing execution and delivery of Ground Lease No. 9497 (CCS /PFAS), Lease Agreement No 9498 (CCS /PFAS), Indenture Agreement 9499 (CCS /PFAS), an assigranent agreement, an escrow agreement, and Bond Purchase Agreement No. 9501 (CCS/PFAS) related to the issuance of the bonds, approving the issuance of the bonds in the amount of $45,000,000, authorizing distribution of official statement, execution of necessary documents, certificates and related actions; and, approve proposed appropriation of funds and proposed budget changes. The motion was approved by the following vote: AYES: Public Financing Authority Members McKeown, O'Day, Holbrook, O'Connor, Shriver, Vice Chair Davis, Chair Bloom NOES: None ABSENT: None Motion by Parkine Authoritv Member O'Connor. seconded by Parking Authority Member Holbrook, to authorize the Executive Director to negotiate and execute the documents required to transfer Parcel No. 4291- 009 -904 to the City, and appropriate proposed funds and budget changes. The motion was approved by the following vote: 9 October 25, 2011 AYES: Parking Authority Members McKeown, O'Day, Holbrook, O'Connor, Shriver, Vice Chair Davis, Chair Bloom NOES: None ABSENT: None SPECIAL MEETING On order of the Mayor, the City Council adjourned its joint meeting with ADJOURNMENT the Parking Authority and the Public Financing Agency at 10:14 p.m., and reconvened the regular meeting, with all members present. PUBLIC HEARINGS: 9 -A: Public hearing of the annual review of the City's Plan for HOMELESS SERVICES Homeless Services — recommendation to hold a public hearing and receive public comment; review and conunent on strategies to address homelessness; and direct staff to proceed with next steps, was presented. Members of the public Valecia Adams and David Sapp conunented on various aspects, and generally in support of the plan. Motion by Mayor Bloom, seconded by Councilmember Shriver, to approve recommendation. The motion was unanimously approved by voice vote, with all members present. COUNCIL ITEMS: 13 -A: Recommendation to accept Vanessa Meier's resignation from MEASURE V the Measure V Citizen's Oversight Committee and authorize the City COMMITTEE Clerk to publish the vacancy, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Councilmember O'Connor, to approve recommendations, with regrets. The motion was unanimously approved by voice vote, with all members present. RE AND PARKS 13 -B: Recommendation to accept Richard McKinnon's resignation COMMISSION from the Recreation and Parks Commission and authorize the City Clerk to publish the vacancy, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to approve recommendations, with regrets. The motion was unanimously approved by voice vote, with all members present. ARTS COMMISSSION 13 -C: Recommendation to accept Jan Williamson's resignation from the Arts Commission and authorize the City Cleric to publish the vacancy, was presented. There was no one present for public comnent. 10 October 25, 2011 Motion by Councihnember McKeown, seconded by Councilmember O'Dav, to approve recommendations, with regrets. The motion was unanimously approved by voice vote, with all members present. PLANNING 13 -1): Recommendation to accept Hank Koning's resignation from the COMMISSION Planning Commission and to authorize the City Clerk to publish the vacancy, was presented. There was no one present for public comment. Motion by Councilmember O'Connor, seconded by Mayor Pro Tem Davis, to approve recommendations, with regrets. The motion was unanimously approved by voice vote, with all members present. RE, C AND PARKS 13 -E: Recommendation to accept Dryden Helgoe's resignation from COMMISSION the Recreation and Parks Commission and to authorize the City Clerk to publish the vacancy, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to approve recommendations, with regrets. The motion was unanimously approved by voice vote, with all members present. OFF -LEASH PILOT 13 -17: Request of Mayor pro tem Davis and Councilmember O'Day PROGRAM that staff be directed to work with the state to establish, on a pilot basis, an off -leash area for dogs on the beach and down to the waterline. The pilot program would include monitoring the beach and water during the pilot program for any environmental effects. In doing so staff should work with interested stakeholders including but not limited to Unleash the Beach to establish the parameters of the pilot, was presented. Members of the public Ana Bustillos, Jerry Rubin, Gerja Umano, Suzanne Iselt, Jen Bilik and Marr Nealon spoke in support of the request. Member of the public "Dog Man" spoke in opposition to the request. Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day to approve the request directing staff to work with the various stakeholders, including Unleash the Beach, NRDC, Heal the Bay, and anyone else that may want to be involved in defining the perimeters. 11 October 25, 2011 Motion to amend by Councilmember Shriver, that the City Manager return with a report to Council after the first round of research and communication. The motion as accepted as friendly by the maker and seconder. The motion, as amended, was approved by the following vote: AYES: Councihnembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Bloom NOES: Councilmember O'Connor ABSENT: None PUBLIC INPUT: Member of the public Denise Barton commented on contributions to elected officials. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:14 p.m. ATTEST: Nlai�a M. Stewairt City Clerk APPROVED: U Richard Bloom Mayor 12 October 25, 2011