Loading...
M-112211CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 22, 2011 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:38 p.m., on Tuesday, November 22, 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 Absent: Councilmember Bobby Shriver 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 5:38 p.m., with Councilmember Shriver absent. Upon the invitation of the Mayor, Kathryn (last name unknown), a Marymount High School student, led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There being no one present for public comment, the City Council recessed at 5:38 p.m., to consider closed sessions and returned at 6:45 p.m., with Councilmember Shriver 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) — 4 cases: Claim of Dunn and Robhana; Claim of NMS Properties; Claim of Michael McKinsey — Development Agreement for Village Trailer Park; 1 case. City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -13: Conference with Legal Counsel— Anticipated Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9(c): 1 case. November 22, 2011 City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -C: Conference with Real Property Negotiator: Property: 1314 6th St., 1314 7th St., and 1337/1345 7th St. City Negotiator: Andy Agle, Dir. Housing & Economic Dev. Under Negotiation: Price & Terms Owner of Record: Verizon California Inc. City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. SPECIAL AGENDA 2 -A: Presentation to the City Council of Resolution of Appreciation ITEMS: from Edison's Board of Directors, CEO and President Celebrating Partnerships with the Community on Energy Efficiency, Electric Vehicles, and other Community Programs, was presented. Mark Olson, representing Southern California Edison, presented a resolution of appreciation to the City Council. 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 Louisa Fish commented on various Consent Calendar items. Motion by Councilmember O'Connor, seconded by Councilmember O'Dav, 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 Holbrook, O'Connor, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmember Shriver O'Connor MINUTES: 3 -A: The minutes of October 11, October 25, and November 1, 2011, City Council meetings, were approved as submitted. HOMELESS PROGRAM 3 -B: Homeless Management Information System —recommendation MANAGEMENT SYSTEM to authorize the City Manager to negotiate and execute an amendment to Agreement No. 8903 (CCS), with Bowman Systems, LLC., in the amount of $94,760, for a total amount of $308,790, for additional system support, on -site training and upgrade costs; and approve the proposed budget modifications, was approved. 2 November 22, 2011 $BB FLEET 3 -C: Big Blue Bus Fleet Maintenance Software Upgrade — MAINTENANCE recommendation to authorize the City Manager to negotiate and execute SOFTWARE Contract No. 9508 (CCS) with Trapeze, Inc. in the amount of $357,389 for software and services to upgrade the existing fleet maintenance system, and authorize five additional one -year maintenance options, was approved. 1314 7TH STREET 3 -1): Resolution No. 10632 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR TRACT NO. 71418 TO SUBDIVIDE A PROPERTY AT 1314 SEVENTH STREET ", was approved. 1012 2ND STREET 3 -E: Resolution No. 10633 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR PARCEL NO. 62291 TO SUBDIVIDE A PROPERTY AT 1012 2 "a Street", was approved. PERMIT AND LAND 3 -F: Permit tracking and land management system — MGMT. TRACKING recommendation to authorize the City Manager to negotiate and execute professional services Agreement No. 9509 (CCS) with Accela, Inc., in the amount of $390,000 to implement a land based management system including, data migration, training and maintenance for fiscal year 2012/13; and authorize four additional on -year maintenance options for a not to exceed amount of $156,672, was approved. ZERO WASTE 3 -G: Zero Waste Strategic Plan development and rate structure STRATEGIC PLAN analysis — recommendation to authorize the City Manager to negotiate and execute Contract No. 9510 (CCS) with HDR Engineering, in the amount of $149,360, for development of a strategic plan and refuse rate structure analysis, was approved. STUDY SESSION: 4 -A: Pier Governance, Management and Operations - PIER GOVERNANCE recommendation to consider modifying the governance structure of the Santa Monica Pier as recommended in the "Pier Governance and Management Study," and direct staff to return with legislative and budget adjustments necessary to implement the recommended approach, was presented. Members of the public Walt Davis, Michael Toney, Judy Abdo, Kent Smith, Steve Gibson, Eric Faber, Reina Alvarez, and Marie Fink commented on various aspects of the presentation and spoke in favor of the recommendation. November 22, 2011 Considerable discussion ensued including but not limited to: The make -up and charge to the proposed interim board; the desired qualifications for interim board members; the application process; input from appropriate groups and stakeholders; and, the direction to the interim board, and subsequently to a new permanent board. After considerable discussion, on order of the Mayor, the information was received and filed. ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2380 (CCS) BUILDING AND SAFETY entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY COMMISSION OF SANTA MONICA. AMENDING ARTICLES IV, VIII AND IX OF THE SANTA MONICA MUNICIPAL CODE RELATING TO ALLOCATION OF RESPONSIBILITIES TO THE BUILDING & FIRE LIFE SAFETY COMMISSION ", 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: AYES: Councilmembers McKeown, O'Connor, O'Day, Holbrook, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember Striver MAIN STREET VENDING 7 -B: Second reading and adoption of Ordinance No. 2381(CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6.36 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO LATE NIGHT VENDING ON MAIN STREET ", was presented. There was no one present for public comment. 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 Holbrook, O'Connor, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember Sbriver 4 November 22, 2011 CONTRIBUTION LIMITS 7 -C: Second reading and adoption of Ordinance No. 2382 (CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 11.04.050 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO CONTRIBUTIONS TO CANDIDATES FOR OFFICE ", was presented. There was no one present for public comment. Motion by Councilmember O'Day, seconded by Mayor Pro Tern Davis, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Holbrook, Mayor Pro Tern Davis, Mayor Bloom NOES: Councilmember McKeown ABSENT: Councilmember Shriver Councilmember McKeown stated that his "no" vote is because further examination of the information, provided by the transparency group has made clearer that raising the contribution limit will give more influence in local elections to corporations and special interests and less to Santa Monica residents. HEALTH AND SAFETY 7 -D: Resolution No. 10634 (CCS) entitled, "A RESOLUTION OF THE CODE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS REGARDING LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAPHIC CONDITIONS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 17958.5, 17958.7 and 18941.5 "; and, introduction and first reading an ordinance modifying Municipal Code Chapters 8.106 and 8.108 related to green building design and construction and demolition waste handling requirements, were presented. Member of the public Denise Barton commented on the recommendation. Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to adopt Resolution No. 10634 (CCS), 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: Councilmember Shriver November 22, 2011 Motion by Councilmember McKeown, seconded 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 Holbrook, O'Connor, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember Shriver AFFORDABLE HOUSING 7 -E: Introduction and first reading of an ordinance amending Section 9.56.050 and Section 9.56.060 of the Municipal Code to authorize the establishment, by resolution, of compliance monitoring fees based on the reasonable regulatory costs of ensuring compliance with the City's Affordable Housing Production Program and annually monitoring affordable housing units; and, adoption of Resolution No. 10635 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING COMPLIANCE MONITORING FEES FOR AFFORDABLE HOUSING UNITS PURSUANT TO SANTA MONICA MUNICIPAL CODE SECTIONS 9.56.050 AND 9.56.060 BASED ON THE REASONABLE REGULATRY COSTS OF ENSURING COMPLIANCE WITH THE CITY'S AFFORDABLE HOUSING PRODUCTION PROGRAM AND ANNUALLY MONITORING AFFORDABLE HOUSING UNITS ", was presented. Member of the public Denise Barton commented on the recommendation. Motion by Councilmember McKeown, seconded 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, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: Councilmember Holbrook ABSENT: Councilmember Shriven Councilmember O'Connor Councilmember Holbrook stated that his "no" vote is because although was excused at 8:20 p.m. they may fall into different sections, developers who produce low -cost housing should be treated the same in regards to fees. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to adopt Resolution No. 10635 (CCS) reading by title only and waiving further reading thereof. The motion was approved by the following vote: 6 November 22, 2011 AYES: Councilmembers McKeown, O'Day, Mayor Pro Tem Davis, Mayor Bloom NOES: Councilmember Holbrook ABSENT: Councilmembers O'Connor, Shriver Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to approve the budget changes. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Mayor Pro Tem Davis, Mayor Bloom NOES: Councilmember Holbrook ABSENT: Councilmembers O'Connor, Shriver CANDIDATE 7 -F: Introduction and first reading of an ordinance amending QUALIFICATION Municipal Code Section 11.04.010 increasing the number of registered voter signatures required for qualification of a candidate for elected Councilmember O'Connor City office, was presented. returned at 8:26p.m. Member of the public Jerry Rubin spoke in support of the proposed ordinance. Motion by Mayor Pro Tem Davis, seconded Councilmember O'Day, to introduce the ordinance, as amended, for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, McKeown, O'Day, Mayor Pro Tem Davis NOES: Councilmembers O'Connor, Mayor Bloom ABSENT: Councilmember Shriver STAFF ITEMS: 8 -A: Proposed solicitation of bids for the sale of City -owned property 1920 OCEAN WAY at 1920 Ocean Way — recommendation that the City Council authorize staff to solicit bids for the sale of 1920 Ocean Way, a City -owned property designated for affordable housing; and adoption Resolution No. 10638 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THAT THE CITY -OWNED PROPERTY IS NO LONGER NEEDED FOR THE PURPOSE IT WAS ACQUIRED NOR FOR ANY OTHER PUBLIC PURPOSE," was presented. Member of the public Denise Barton spoke in opposition to the recommendation. November 22, 2011 Motion by Mayor Pro Tern Davis, seconded by Councilmember O'Connor, to direct staff to solicit bids for the property and adopt the resolution, with a combination of options 3 and 4 of the recommendation, so that if the bids received are not appropriate, staff can await market better market conditions for a re -bid. Motion to amend by Councilmember McKeown, to direct staff to review the original plans for affordable housing from 20 years ago to see how many units were proposed and how the underground parking and water table was addressed. The motion was accepted as friendly by the maker and seconder. The motion, as amended, was approved by the following vote: AYES: Councilmembers Holbrook, O'Connor, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmember Shriver RECESS On order of the Mayor, the Council recessed at 8:50 p.m., and reconvened at 8:56 p.m., with Councilmember Shriver absent. BIKE ACTION PLAN 8 -13: Review and approval of Final Bike Action Plan — recommendation to review Draft Final Bicycle Action Plan; adopt Resolution No. 10636 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE NEGATIVE DECLARATION FOR THE CITY OF SANTA MONICA BIKE ACTION PLAN'; adopt Resolution No. 10637 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A BIKE ACTION PLAN FOR THE CITY OF SANTA MONICA", was presented. Members of the public Gina Goodhill, Michael Brodsky, Louisa Fish, Anne Wille, Jerry Rubin, Eric Weinstein, Megan Cavanaugh, Richard McKinnon, Cynthia Rose, Bryan Beretta, David Feuer, Gary Cavanaugh, and Kent Strumpell spoke in favor of the recommendation. Member of the public Denise Barton spoke in opposition of the recommendation. Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to adopt Resolution No. 10636 (CCS) adopting the Negative Declaration, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, McKeown, O'Connor, O'Day, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmember Shriver November 22, 2011 Motion by Councilmember McKeown, seconded by Councilmember O,Day, to adopt Resolution No. 10637 (CCS), incorporating the amendments proposed by the Planning Commission and as described in the staff report, adopting the Bike Action Plan. 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 Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to approve the proposed budget changes. 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 YOUTH RESOURCE 8 -C: Youth Resource Team Policy Group — Next Steps — POLICY GROUP recommendation to review and comment on the work of the Policy Group, direct staff to proceed with next steps; and authorize the proposed budget changes, was presented. Members of the public Aaron Young, Jonathan Mooney, Lisa Balfour, Judy Abdo and Shari Davis spoke in support of the recommendation. Motion by Mayor Pro Tern Davis, seconded by Councilmember O'Connor, to approve the recommendation. 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 COUNCIL ITEMS: 13 -A: Request of Councilmember McKeown that the Council direct VILLAGE TRAILER staff to explore means whereby the City can best protect the safety of PARK Village Trailer Park residents and of the existing affordable housing, and assure that all of the City's own options with respect to various ongoing processes are preserved; and related Information Report. 9 November 22, 2011 to continue this matter as a 5 -Item to the December 6 "' meeting. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. PIER RESTORATION 13 -B: Annual appointment to three positions on the Pier Restoration CORPORATION Corporation for terms ending on November 10, 2015, was continued tc a future meeting, pending the changes to the Pier Governance. STATE BUDGET 13 -C: Request from Mayor Bloom, Councilmembers Pam O'Connor and Kevin McKeown that the City Council oppose state budget cuts to physical, mental health therapeutic care and social services for frail seniors and adults and other Medi -Cal recipients including the elimination of the Adult Day Health Care (ADHC) program and advocate that the State legislature continue to explore alternatives to eliminating the ADHC program, including the California Association for Adult Day Services' (CAADS) proposal to reduce ADHC without having to eliminate the program, was presented. Member of the public Louisa Fish spoke in support of the request. Motion by Councilmember McKeown, seconded by Mayor Bloom, to approve the recommendation. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. PUBLIC INPUT: Members of the public Walt Davis, Marie Fink, Louisa Fish, Michael Toney, Denise Barton, Dhun May, Cynthia Rose, Bryan Beretta, David Feuer, Megan Cavenaugh and Kent Strumpell commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:38 p.m. ^� ATTE Maria M. Stewart City Clerk PROVED: FR Bloom Mayor 10 November 22, 2011