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m-021412CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 14, 2012 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:36 p.m., on Tuesday, February 14, 2012, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Councilmember Kevin McKeown Councilmember Terry O'Day Councilmember Bobby Shriver Absent: Mayor Pro Tem Gleam Davis Councilmember Robert T. Holbrook Councilmember Pam 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 5:36 p.m., with Mayor Pro Tem Davis and Councilmembers Holbrook and O'Connor absent. Danielle Noble led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment. 1 -A: Public Employee Evaluation. Title of Employees: City Clerk Mayor Bloom reported that the item is in process and will be continued at the next council meeting. 1 -B: Conference with Legal Counsel —Existing Litigation: Lamle v. City of Santa Monica, et al., USDC, Case No. CV 04 -06355 HGK (SHx). City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. February 14, 2012 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 20443H00). 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) —1 case: 2501 Second Street. 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. Members of the public Joy Fulmer, Jerry Rubin, Michael Toney, Louisa Fish, and Erika Ostroff commented on various Consent Calendar items. At the request of Councilmember Shriver, Items 3 -13 and 3 -N were removed from the Consent Calendar. Motion by Councilmember McKeown, seconded by Councilmember O,Dav, to approve the Consent Calendar except Items 3 -13 and 3 -N, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Shriver, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor, Mayor Pro Tern Davis MINUTES 3 -A: The minutes of the December 6, and 13, 2011, City Council meetings, were approved. BBB TRANSIT PASS 3 -C: BBB Transit Pass Program for seniors and persons with PROGRAM disabilities — recommendation to authorize the City Manager to negotiate and execute Agreement No. 9546 (CCS) with Access Services to accept Access - issued identification cards as fare payment and to reimburse the Big Blue Bus using the prevailing approved fares for seniors and persons with disabilities, was approved. February 14, 2012 REJECTION OF BID 3 -1): Rejection of bid for tire- leasing and related service— recommendation to reject all bids received in response to Bid No. 3060 to provide tire leasing and related services at the Big Blue Bus and direct staff to issue a new request for bids, was approved. TREE RELOCATION — 3 -E: Relocation of trees from Metro Rail right -of -way to City-owned ITEM WITHDRAWN property — recommendation to authorize the City Manager to negotiate and execute a contract with Valley Crest Tree Company in the amount of $295,200 for the relocation of 39 trees from the Metro right -of -way; and, approve proposed appropriation of budget increases, was withdrawn at request of staff. FIBER OPTIC NETWORK 3 -F: Fiber optic network services —recommendation to authorize the City Manager to negotiate and execute Contract No. 9547 (CCS) with nLayer Communications, Inc., to support the City's fiber optic network and free public Wi -Fi service, in the amount of $300,000 for a new total of $367,000, to extend the existing agreement for three years, was approved. BICYCLE FACILITY 3 -G: Bicycle Transportation Infrastructure Design Services — recommendation to authorize the City Manager to negotiate and execute Contract No. 9548 (CCS) with IBI Group, Inc. in the amount of $35,812, for a total of $105,000 to provide transportation engineering design and planning services to develop construction -ready bicycle facility design plans, was approved. 612 LINCOLN 3 -H: Resolution No. 10655 (CCS) entitled, "A RESOLUTION OF THE BOULEVARD CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR TRACT NO.67406 TO SUBDIVIDE A PROPERTY AT 612 LINCOLN BOULEVARD ", was adopted. PLANNING SERVICES 3 -I: Planning, code compliance, plan check, inspection and permit administration services — recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8800 (CCS) with JAS Pacific, Inc., for an additional $60,000 for a total amount of $2,674,000, for planning, plan check, code compliance, inspection and permit administration services, was approved. TRAFFIC SIGNAL 34: Traffic signal maintenance — recommendation to approve a MAINTENANCE modification to a purchase order, in the amount of $51,998.58, with Dynalectric, Inc., for a new total of $151,969.42, for additional traffic signal repair, maintenance, and installation services, was approved. February 14, 2012 CONFLICT OF 3 -K: Amendment to City's Conflict of Interest Code - INTEREST CODE recommendation to adopt a Resolution No. 10656 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER 10454 (CCS) AND AMENDING THE CITY'S CONFLICT OF INTEREST CODE TO REVISE THE DESIGNATED POSITIONS FOR WHICH STATEMENTS OF ECONOMIC INTEREST ARE REQUIRED TO BE FILED. ", was approved. CORPORATION YARD 3 -L: Agreement 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, in the amount of $37,591 for a new total of $309,026, to provide additional scope of work for the project, was approved. CAL - RECYCLE GRANT 3 -M: Resolution No. 10657 (CCS) entitled, "A RESOLUTION OF THE PROGRAM CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE VARIOUS GRANT PROGRAMS UNDER THE CALRECYCLE PROGRAM FOR ALL GRANTS THE CITY OF SANTA MONICA IS ELIGIBLE ", was adopted. MAINTENANCE 3 -0: Computerized Maintenance Management System services — MANAGEMENT recommendation to approve a sole - source purchase order with Infor Global SOFTWARE Solutions, for the purchase of software maintenance and support services for the City's computerized management system, in the amount of $231,250 for a five -year period, was approved. MUNICIPAL POOLS 3 -P: Re- plastering of municipal pools at the Santa Monica Swim Center — recommendation to approve an amendment to Purchase Order with Sea -Clear Pools in the amount of $44,850, for a new total of $154,565, to remove and replace the plaster on the splash pool at the Swim Center, was approved. EARLY CHILDHOOD 3 -13: Early Childhood Education Center development— EDUCATION CENTER recommendation to approve proposed terms of the Memorandum Of Understanding with the Santa Monica Community College District for the Early Childhood Education Center to be developed within the Civic Auditorium Campus, was presented. Councilmember Shriver pulled this item to ask staff for clarification regarding funding. Staff provided additional information and answered questions. Motion by Councilmember Shriver, seconded by Councilmember McKeown, to approve the recommendation. The motion was approved by the following vote: February 14, 2012 AYES: Councilmembers Shriver, O'Day, McKeown, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor, Mayor Pro Tern Davis ELECTRIC VEHICLES 3 -N: Renewal of Leases for 23 Electric Vehicles — recommendation to award a sole - source purchase order to Toyota Motor Credit Corporation, in the amount of $90,459, for a 12 -month lease extension of 23 Toyota -brand electric vehicles, was presented. Councilmember Shriver pulled this item to obtain additional information regarding the cost of the leases. Staff provided additional information and answered questions. Motion by Councilmember Shriver, seconded by Councilmember McKeown, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Day, McKeown, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor, Mayor Pro Tern Davis STUDY SESSION: 4 -A: Colorado Esplanade Design progress and recommended COLORADO roadway configuration — recommendation to review and provide input on ESPLANADE proposed configuration and schematic design for the Colorado Esplanade and Light Rail Station Plaza, was presented. Members of the public Jerry Rubin, Denise Barton, Louisa Fish, Kathleen Rawson, and Michael Toney commented on the item. Discussion ensued on the salient points made during the presentation. Council provided ideas and preferences for the project. On order of the Mayor, after discussion the report was received and filed. ORDINANCES: 7 -A: Introduction and first reading of an ordinance amending UNIT ADDITIONS subchapter 9.04.18 of the Municipal Code to permit an addition to a unit or units within a legal, non - conforming rent controlled multi- family property located in the R1 Single Family Residential District, was presented. Members of the public Daniella Kuhn and Chris Harding spoke in support of the recommendation. February 14, 2012 Motion by Councilmember McKeown, seconded Councilmember Shriver, 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, O'Day, McKeown, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor, Mayor Pro Tern Davis PERMIT 7 -B: Introduction and first reading of an ordinance amending REQUIREMENTS Section 4.68.040 of the Community Events Ordinance to establish a permit requirement for activities or events of 75 or more persons on the City's Third Street Promenade; adding Chapter 6.110 to Article VI of the Code establishing film permit requirements; and, deleting Section 10.04.06.200 governing filming at the airport, was presented. Members of the public Jerry Rubin and Debbie Lee expressed their views on the recommendation. Motion by Councilmember McKeown, seconded Councilmember O'Day, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof, and directing staff to include residence protections in the administrative regulations that are to be adopted in the near future. City Attorney Marsha Moutrie suggested a change to Section 4.04.166 of the proposed ordinance, titled, "Exception for Permitted Community Events," in order to bring the law in conformance with current practice. The Section, if amended, will read as follows: "Animals may be present on public property in accordance with the terms and conditions of community events permits or film permit issued by the City." Councilmember McKeown stated that he would like to modify his motion to include the language proposed by the City Attorney. The amendment was friendly to the seconder. The motion, as amended, was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Shriver, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor, Mayor Pro Tern Davis 6 February 14, 2012 LUCE 7 -C: Introduction and first reading of an ordinance amending the extended Interim Ordinance Number 2356 (CCS), which established interim development procedures pending implementation of the LUCE; adopting modifications addressing ordinance applicability, CM District non - conforming uses, shared parking and FAR calculations in the Downtown, and exemptions for City projects; to add provisions relating to the permitted number of restaurants in the CM District; and the replacement of existing public parking spaces within public parking structures in BSC -2 and C3 -C zoning districts, was presented. Member of the public Frank Angiuli and Gary Gordon spoke in support of the proposed ordinance. Motion by Councilmember McKeown, seconded Councilmember Shri ver, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved, as amended, by the following vote: AYES: Councilmembers Shriver, O'Day, McKeown, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor, Mayor Pro Tem Davis SPECIAL JOINT On order of the Mayor, the regular City Council meeting recessed to a joint MEETING meeting with the Redevelopment Successor Agency at 8:21 p.m., with Mayor Pro Tem Davis and Councilmembers Holbrook and O'Connor absent. STAFF ITEMS: 8 -A: Adoption of Redevelopment Successor Agency Bylaws - REDEVELOPMENT recommendation that the Successor Agency adopt the proposed Successor SUCCESSOR AGENCY Agency Bylaws, was presented. BYLAWS There was no one present for public comment. Motion by gency /Councilmember McKeown, seconded by Agency/ Councilmember O'Dav, to approve the recommendation. The motion was approved by the following vote: AYES: Agency / Councilmembers Shriver, O'Day, McKeown, Chair/Mayor Bloom NOES: None ABSENT: Agency / Councilmembers Holbrook, O'Connor, Chair/Mayor Pro Tem Davis 7 February 14, 2012 AGENCY REIMBURSE- 8 -13: Redevelopment Successor Agency Reimbursement and MENT AND OPERATING Operating Agreement — recommendation that City Council authorize the AGREEMENT City Manager to execute reimbursement and operating Agreement No. 9549 (CCS/RSA) to reimburse the City for the Agency's use of City staff, facilities and administrative services to implement the Successor Agency's administrative duties under Assembly Bill No. 26; recommendation that the Successor Agency authorize the Successor Agency Chairperson to execute the Reimbursement Agreement No. 9549 (CCS/RSA), was presented. Member of the public Denise Barton spoke in opposition of the recommendation. Motion by Agency /Councilmember McKeown, seconded Agency Councilmember O'Dav, to approve the recommendation. The motion was approved by the following vote: AYES: Agency /Councilmembers McKeown, O'Day, Shriver, Chair /Mayor Bloom NOES: None ABSENT: Agency /Councilmembers Holbrook, O'Connor, Chair /Mayor Pro Tern Davis Mayor Bloom announced that, as provided by enabling legislation, he is entitled to appoint two members to the Oversight Committee for the Successor Agency. He announced that he is appointing Paul Silvern and Lisa Luboff and thanked them for the willingness to serve. ADJOURNMENT OF On order of the Mayor, the joint meeting with the Redevelopment JOINT MEETING Successor Agency was adjourned at 8:28 p.m., and the regular City Council meeting was reconvened, with Mayor Pro Tern Davis and Councilmembers Holbrook and O'Connor absent. PUBLIC HEARINGS: 9 -A: Public Hearing and approval of issuance of Revenue Bonds for HIGH PLACE EAST High Place East Affordable Housing Development — recommendation to approve the repurpose of High Place East housing development from an affordable homeownership model to affordable rental housing; and adopt Resolution No. 10658 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY ", was presented. Members of the public Denise Barton and Louisa Fish commented on the item. February 14, 2012 Motion by Councilmember McKeown, seconded Councilmember O'Day, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Day, McKeown, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor, Mayor Pro Tem Davis 1665 OCEAN AVENUE 9 -13: Public Hearing and adoption of resolution ordering vacation of excess public right -of -way on Olympic Place South and portion of I't Court Alley and the dedication of a new public right -of -way at 1665 Ocean Avenue — recommendation to hold a public hearing, receive public comment, and adopt Resolution No. 10659 (CCS) entitled "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO ORDER VACATION OF PUBLIC RIGHT -OF -WAY; AND DEDICATING A PORTION OF CITY OWNED PROPERTY FOR USE AS A PUBLIC - RIGHT -OF- WAY ", was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded Councilmember O'Day, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Shriver, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor, Mayor Pro Tern Davis PUBLIC INPUT: Members of the public Denise Barton, Michael Toney, and Louisa Fish commented on various local issues. On order of the Mayor, the City Council meeting was adjourned at 8:49 p.m. in memory of Thomas Johnson, Gigi Gordon, and Whitney Houston. ATTEST: APPROVED: Maria M. Stewart hard Bloom City Clerk Mayor February 14, 2012