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M-110811CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 8, 2011 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:34 p.m., on Tuesday, November 8, 2011, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Piro Tern Gleam Davis (arrived at 6:51 p.m.) Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Terry O'Day Councilmember Bobby Shriver Absent: Councilmember Pain O'Connor 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 O'Connor and Mayor Pro Tern Davis absent. Benjamin Steers 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 6:49 p.m., with Councilmember O'Connor and Mayor Pro Tem Davis absent, to report the following: 1 -A: Conference with Legal Counsel —Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b) — 2 cases City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. November 81 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 Development 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: Initiation of Litigation pursuant to Section 54956.9(c): California Regional Water Quality Control Board, California Water Code Section 13267 Order- Former Douglas Aircraft Site, 2902 Exposition Blvd., Santa Monica, CA 91601 (Site ID 204431100) City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -D: Conference with Legal Counsel — Anticipated Litigation: Initiation of Litigation pursuant to Section 54956.9(c): Valentini v. Shinseki, USDC Case No: CV -11 -04846 —SJO (ACLU — VA lawsuit) City Attorney Marsha Moutrie reported that this item was not heard. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Mayo• Piro Tern Davis arrived at 6:51 P. in. Member of the public Joey Fullmer commented on various Consent Calendar items. Motion by Councilmember O'Day, seconded by Councilmember 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 Shriver, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmember O'Connor MINUTES 3 -A: The minutes of the September 27, and October 4, 2011, City Council meetings, were approved as submitted. URBAN RUNOFF WATER 3 -C: Acceptance of grant agreements for urban runoff water quality QUALITY improvement projects — recommendation to authorize the City Manager to accept two grant funds in the respective amounts of $3,000,000 and $1,013,085; adopt Resolution No. 10630 (CCS) entitled: November 8, 2011 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO ENTER INTO TWO PROPOSITION 84 GRANT AGREEMENTS, AND ANY AMENDMENTS THERETO, WITH THE STATE OF CALIFORNIA FOR TWO URBAN RUNOFF WATER QUALITY IMPROVEMENT PROJECTS" authorizing the City Manager to negotiate and execute Agreement Nos. 9502 (CCS) and 9503 (CCS) with the State of California to support the In -Line Storm Drain Urban Runoff Treatment Project and the 16t" Street Watershed Marine Park Urban Runoff Use Project; and authorize proposed budget changes, was approved. TRAFFIC SIGNAL 3 -D: Traffic Signal Emergency Battery Backup System — BATTERY BACI {UP recommendation to award Bid No. 3063 to C.T. & F. Inc., in the amount of $290,000 for the purchase and installation of 74 traffic signal emergency battery backup systems, was approved. I -10 FREEWAY SIGNAGE 3 -E: I -10 Freeway Signage Improvement Project— recommendation to authorize the City Manager to negotiate and execute Contract No. 9504 (CCS) with RBF Consulting, in the amount of $136,000, to provide project design services for the preparation of plans, specifications, and estimates for the I -10 Freeway Signage Improvement Project, was approved. ELEVATOR 3 -F Elevator service and maintenance at the Public Safety Facility MAINTENANCE and Main Library — recommendation to award Agreement No. 9505 (CCS) to Mitsubishi Electric & Electronics, in the amount of $305,797, for elevator maintenance and service at the Main Library and Public Safety Facility, for a five -year period, was approved. SWEEPERS 3 -G: Modification of lease of three scrubber /sweepers — recommendation to modify Purchase Order No. 19143 with U.S. Bancorp Business Equipment Finance Group, in the amount of $20,000 for taxes and fees for a total amount of $348,673, for the lease of three scrubber/ sweepers for a period of four years, was approved. CITYTV TENANT 3 -13: CityTV Tenant Improvements —recommendation to authorize the IMPROVEMENTS City Manager to negotiate and execute: an amendment to Contract No. 9014 (CCS), in the amount of $24,935, for a total amount of $285,944 with Nonzero Architecture, to provide additional design services; and, to execute a change order to Contract No. 9307 (CCS) in the amount of $110,000, for a new total of $1,742,360, with SBS Corporation, to provide additional construction services for the project, was approved. STUDY SESSION: Councilmember O'Day requested to be recused from this matter because he ELECTRIC VEHICLES is employed by a company that provides electrical - vehicle charging infrastructures outside of California. He added that although he received Councilmember O'Day was legal advice that there is no conflict of interest in participating, he felt it excused at 6:53 p.m. was better that he step out so Council can deliberate separately. November 8, 2011 4 -A: Electric vehicle infrastructure — recommendation to review and comment on efforts to expand electric vehicle infrastructure e throughout Santa Monica, and direct staff to proceed with draft charger installation guidelines for renters, and with the facilitation of nrunerous viable charging options at commercial and public locations, was presented. Members of the public Jerry Rubin, Denise Barton, Chris Vournakis, Mark Olson, and David Peterson commented on various aspects of the presentation. On order of the Mayor, the information was received and filed. ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2377 (CCS) 702 ARIZONA entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT NO. 9506 (CCS) BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION AND SEVENTHAND- ARIZONA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ", was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to adopt the ordinance, reading by title ordy and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Holbrook, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmembers O'Connor, O'Day 1317 7" STREET 7 -13: Second reading and adoption of Ordinance No. 2378 (CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Councilmember O'Day OF SANTA MONICA APPROVING THE DEVELOPMENT returned at 7:56 p.m. AGREEMENT NO. 9507 (CCS) BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION AND SEVENTHAND- ARIZONA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ", was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: November 8, 2011 AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmember O'Connor COMMUNITY EVENTS 7 -C: Second reading and adoption of Ordinance No. 2379 (CCS) entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 4.68.020, 4.68.040, 4.68.060, 4.68.070, 4.68.080, 4.68.090, 4.68.130, 4.68.140, 4.68.150, 4.68.160, 4.68.190, 3.36.270, 4.08.010, 4.55.100, AND 6.36.030 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO PERMITTED EVENTS IN PUBLIC SPACES AND CITY PARKS ", was presented. There was no one present for public comment. City Attorney Marsha Moutrie reported that there was an initial typographical error on page I 1 of the ordinance. That error, which did not change the substance of the ordinance, was corrected for this second- reading of the ordinance. Motion by Councilmember Holbrook, seconded by Mayor Pro Tem Davis, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, Shriver, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmember O'Connor BUILDING AND SAFETY 7 -D: Introduction and first reading of an ordinance amending COMMISSION Articles IV, VIII and IX of the Municipal Code relating to allocation of responsibilities to the Building and Fire Life Safety Commission, to expand the Commission to include Accessibility Appeals Review Board and Newly Formed Fire Appeals Board, was presented. There was no one present for public continent. Motion by Councilmember McKeown, seconded by Councilmember O'Day, 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 Shriver, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmember O'Connor November 8, 2011 MAIN STREET VENDING 7 -E: Introduction and first reading of an ordinance amending Chapter 6.36 of the Municipal Code related to late night vending on Main Street, was presented. Member of the public Matt Geller spoke in support of the ordinance. 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, adding a direction to staff to return to Council within 90 days with a status report. The motion was approved by the following vote: AYES: Councihnembers McKeown, Holbrook, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: Councilmember O'Day ABSENT: Councilmember O'Connor CAMPAIGN On order of the Mayor, Item 7 -F to be heard concurrently with 8 -B, after CONTRIBUTION LIMITS Item 8 -A is considered. 7 -F: Introduction and first reading of an ordinance amending Section 11.04.050 of the Municipal Code relating to contributions to candidates for office, adjusting the contribution limit to $400, and adding an indexed adjustment. STAFF ITEMS: 8 -A: Civility Agreement to promote fair participation in public and CIVILITY AGREEMENT community meetings — recommendation to review and discuss information provided and direct staff to prepare and return with a resolution establishing a formal City Council policy and standards to promote fair participation and dialogue for all public and community meetings, was presented. Members of the public Jerry Rubin and Valerie Griffin commented in support of the recommendation. Members of the public Denise Barton and Darryl Bristol commented in opposition to the recommendation. Motion by Mayor Pro Tom Davis, seconded by Councilmember O'Day, to direct staff to return to council with a proposed civility policy. Substitute motion by Councilmember Shriver, seconded by Councilmember Holbrook, to direct staff to amend the Council Rules of Order to formally authorize the Mayor to enforce civility in the public discourse. Discussion ensued on the merits and purpose of a civility agreement and the purpose of the Council Rules. 6 November 8, 2011 After considerable discussion, Councilmember Shriver withdrew the substitute motion. Motion to amend by Councilmember Shriver, to request staff to return to with a proposed policy to also incorporate the idea of civility, or a more appropriate word, to amend the Council Rules of Order. The motion to amend was accepted as friendly. The motion was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmember O'Connor CAMPAIGN On order of the Mayor, Item 7 -F would be heard concurrently with this CONTRIBUTION LIMITS item. 8 -13: Qualifying donations for candidates for City Office; proposed ordinance regarding campaign contribution limits - recommendation that Council review and discuss the information and options for requiring qualifying donations from candidates for city office and give direction to staff; and, introduction and first reading of an ordinance anlending Section 11.04.050 of the Municipal Code relating to contributions to candidates for office, adjusting the contribution limit to $400, and adding an indexed adjustment, was presented. CAMPAIGN 7 -F: Introduction and first reading of an ordinance amending CONTRIBUTION LIMITS Section 11.04.050 of the Municipal Code relating to contributions to candidates for office, adjusting the contribution limit to $400, and adding an indexed adjustment, was presented. Members of the public Christel Andersen, Zina Josephs, Julie Dad, Ellen Brennan, Mary Marlow, Gregg Heacock, Denise Barton, Michael Toney, Catherine Eldridge, and Valerie Griffin spoke in opposition to raising the contribution limit. Member of the public Jerry Rubin spoke in support of the recommendations. Discussion ensued on the merits of the reconmlendations, current case law related to contribution limits, specific contributions made to campaign committees, and imposing a qualifying donation requirement. Motion by Councilmember Shriver, seconded by Councilmember Holbrook, to introduce the ordinance raising contribution limits to $400, CPI indexing every five years on a simple basis, for first reading, reading by title only and waiving farther reading thereof. 7 November 81 2011 Motion to amend by Mayor Pro Tern Davis, to reduce the amount to $325. The motion was accepted as friendly by the maker and the seconder. The motion, as amended, was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, O'Day, Mayor Pro Tern Davis, Mayor Bloom NOES: Councilmember McKeown ABSENT: Councilmember O'Connor Councilmember McKeown stated that his "no" vote reflected his belief that the change in contribution limits will increase the influence of corporations, land use, and development interests while proportionately decreasing residents' influence. Motion by Councilmember McKeown to direct staff to further pursue a limit on contributions from business entities to individual candidates' campaigns. The motion died for lack of a second. Motion by Councilmember Holbrook, seconded by Mayor Bloom, to receive and file the information regarding Item 8 -13, related to qualifying donations for candidates. Substitute motion by Councilmember O'Day. seconded by Mavor Pro Tern Davis, to increase the required number of signatures to 200 and provide an option of an in -lieu fee for the additional 100 signatures. The motion was approved by voice vote, with Councilmember Holbrook voting in opposition and Councilmember O'Connor absent. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to direct staff to return with information limiting the time before and after elections during which contributions can be solicited and received by candidates. The motion failed by the following vote: AYES: Councilmember McKeown, Mayor Pro Tern Davis, NOES: Councilmembers Holbrook, O'Day, Sh iver, Mayor Bloom ABSENT: Councilmember O'Connor RESOLUTIONS: 11 -A: Creation of Preferential Parking Zone CC —recommendation to PREFERENTIAL adopt Resolution No. 10631 (CCS) entitled, "A RESOLUTION OF THE PARKING CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING ZONE CC AND AMENDING RESOLUTION 9344 "PREFERENTIAL PARKING ZONES" CCS BY REPLACING EXHIBIT A ", was presented. Councilmember Holbrook Members of the public Debra Thome Ouzounian, Allen Hamlin, susan was excused at 11:131. m. Harley and Kim Boston spoke in support of the recommendation. November 8, 2011 Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Shriver, Mayor Pro Toni Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor COUNCIL ITEMS: 13 -A: Request of Councilmember McKeown that the City Council MAIN STREET endorse the Main Street Contract, as proposed by National Nurses CONTRACT United and the California Nurses Association, calling for living wages, Councilmembers Shriner and quality public education, guaranteed healthcare, secure retirement, O'Day were excused at 11:39 affordable housing, environmental safety, and a just taxation system, Councilmember Holbrook was presented. returned at 11:13 p.m. Members of the public Gregg Heacock, Valerie Griffin, Denise Barton, Members of the public Gregg Heacock, Debora Breewor- Peters, Liz Baker - Wade, Lori Hammond, Patricia Lewis, and Pauline Pauly Kiwasz spoke in favor of the request. Motion by Councilmember McKeown to approve the request. The motion failed for lack of a second. Motion by Mayor Pro Tem Davis, seconded by Councilmember Shriver, to endorse the principles of the Main Street Contract with the exception of a financial transactions tax. Discussion ensued regarding the financial transaction tax as it relates to the proposed just taxation system. After further discussion, Councilmember Shriver withdrew his second. Councilmember McKeown seconded the motion. The motion was defeated by voice vote, with Councilmembers Holbrook, Shriver, O'Day, and Mayor Bloom voting in opposition, Councilmember McKeown and Mayor Pro Tom Davis voting in favor, and Councilmember O'Connor absent. VILLAGE TRAILER 13 -B: Request of Councilmember McKeown that the Council direct PARK staff to explore means whereby the City can best protect the safety of Village Trailer Park residents and of the existing affordable housing, Councilmembers Shriner and and assure that all of the City's own options with respect to various O'Day were excused at 11:39 ongoing processes are preserved, was presented. p. m. Members of the public Gregg Heacock, Valerie Griffin, Denise Barton, Catherine Eldridge, Christel Andersen, Zina Josephs, Ellen Brerman, and Marc Luzzatto spoke in support of the request. 9 November 8, 2011 Considerable discussion ensued relative to the merits of the request, the City's ability to take any action on the owner's proposed development, on on -going code enforcement efforts, and on what options exist to maintain the trailer park as it exists, including the option of the City acquiring the park. Motion by Couneilmember McKeown, seconded by Mayor Pro Tern Davis, to approve request. After considerable discussion, the maker and seconder withdrew the motion, and at the request of Councilmember McKeown and on order of the Mayor, this item was continued to the November 22, 2011 meeting. PUBLIC INPUT: Members of the public Denise Barton, Michael Toney, Dee Bristol, Ken Ward, and Dhun May commented on various local topics. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:30 a.m. _ — ATTEST: Maria M. Stewart City Clerk P VED: ichard Bloom Mayor 10 November 8, 2011