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M-012412CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 24, 2012 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:35 p.m., on Tuesday, January 24, 2012, 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 (arrived at 6:47 p.m.) Councilmember Terry O'Day Councilmember Bobby Shriver (arrived at 6:36 p.m.) Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie Assistant City Clerk Denise Anderson- Warren CONVENE /PLEDGE On order of Mayor, the City Council convened at 5:35 p.m., with Councilmembers O'Connor and Shriver absent. Mayor Pro Tern Davis led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Member of the public Stan Epstein commented on Item 1 -C. On order of the Mayor, the City Council recessed at 5:39 p.m., to consider closed sessions and returned at 6:34 p.m., with Councilmembers Shriver and O'Connor absent. Pursuant to a new state law, Assistant City Clerk Denise Anderson- Warren announced the respective compensation to Council in the amount of $30 for Redevelopment Agency, $50 for Parking Authority, and $50 for Housing Authority meetings. City Attorney Marsha Moutrie reported the following: 1 -A: Conference with Real Property Negotiator Property: 2322 Michigan Avenue City Negotiator: Andy Agle, Dir., Housing and Economic Dev. Under Negotiation: Interest in Real Property Owner of Record: RUUD, CHRIS H TRUST ETAL January 24, 2012 CONSENT CALENDAR: City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -B: Conference with Legal Counsel —Existing Litigation: Turner v. City of Santa Monica and Jose Aguilar, Los Angeles Superior Court Case Number SC 111540. City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -C: Conference with Legal Counsel— Existing Litigation: Harriet P. Epstein and Stanley H. Epstein v. City of Santa Monica; ACS State and Local Solutions Inc. and Sheri E. Ross, Los Angeles Superior Court Case Number BS 132415. City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -D: Conference with Legal Counsel— Existing Litigation: Finley v. City of Santa Monica, Los Angeles Superior Court Case Number BS 127077. City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -E: Conference with Legal Counsel— Existing Litigation: Re Municipal Derivatives Antitrust Litigation, United States District Court, Southern District of New York, Case No. 08 Civ. 2516 (VM) GWG) City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -F: Conference with Legal Counsel — Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b) —1 case. Motion by Mayor Pro Tern Davis, seconded by Councilmember McKeown, to approve Settlement No. 9533 (CCS), related to a property dispute at 1538 Princeton Street. The motion was approved by the following vote: AYES: Councilmembers Holbrook, O'Day, McKeown Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Shriver, O'Connor All items were considered and approved in one motion unless removed by a Councilmember for discussion. January 24, 2012 Councilmember Shriver There being a Consent Calendar each for the City Council, Parking arrived at 6:36p. m. Authority, Redevelopment Agency, and Housing Authority, on order of the Mayor, and with the consensus of the Councilmembers, the Council convened to a joint meeting with the Parking Authority, Redevelopment Agency, and Housing Authority at 6:36 p.m., and the four Consent Calendars were heard concurrently. Member of the public Denise Barton commented on the Consent Calendar. At the request of Chair/Mayor Pro Tem Davis, Item 3 -A was removed from the Consent Calendar. At the request of Authority /Agency /Councilmember Shriver, Item 3 -M was removed from the Consent Calendar. Motion by Authority /Agency /Councilmember McKeown, seconded by Mayor/Chair Pro Tern Davis, to approve the Consent Calendar, except for Items 3 -A and 3 -M, reading resolutions by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Authority /Agency / Councilmembers Holbrook, O'Day, Shriver, McKeown, Chair/Mayor Pro Tern Davis, Chair /Mayor Bloom NOES: None ABSENT: Authority /Agency /Councilmember O'Connor PURCHASE SULFURIC 3 -B: Purchase of Sulfuric Acid —recommendation to award Bid #3067 ACID to Univar USA, Inc. in the amount of $381,375 for the purchase and delivery of Sulfuric Acid for use at the City's Arcadia Water Treatment Plant, for a one -year term, was approved. LEGAL SERVICES 3 -C: Legal services for assistance with labor and employment law — recommendation to authorize the City Manager to negotiate and execute Contract No. 9535 (CCS) with Liebert, Cassidy, and Whitmore, in a new not to exceed amount of $300,000 for personnel- related legal services, from February 2012 through June 2013, with four one -year options to review, was approved. PALISADES GARDEN 3 -D: Artwork Fabrication Contract for Palisades Garden Walk — WALK recommendation to authorize the City Manager to negotiate and execute professional services Agreement No. 9536 (CCS) with Inigo Manglano- Ovalle, in an amount not to exceed $440,200 for the fabrication of the artwork to be installed in Palisades Garden Walk, was approved. BEACON AWARD 3 -E: Resolution No. 10652 (CCS) entitled: "A RESOLUTION OF THE PROGRAM CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE CITY'S INTENT TO PARTICIPATE IN THE INSTITUTE FOR LOCAL GOVERNMENT'S BEACON AWARD PROGRAM, was adopted. 3 January 24, 2012 TRAFFIC SIGNALS 3 -17: Transit Master traffic signal priority system enhancements — recommendation to authorize the City Manager to negotiate and execute sole source Professional Services Agreement No. 9537 (CCS) with Trapeze, Inc., in the amount of $400,273 to install and configure Transit Master traffic signal priority system components on 56 transit vehicles, was approved. MUNICIPAL POOLS 3 -G: Re- plastering the Municipal Pools at the Santa Monica Swim Center — recommendation to approve a modification to Purchase Order No. 329844 -OP, with Sea -Clear Pools, in an amount not to exceed, $16,350 for additional cost for the Municipal Pool Re- plastering Project, was approved. BIG BLUE BUS 3 -11: Big Blue Bus Administration Building Improvements — recommendation to authorize the City Manager to negotiate and execute a third modification to Contract No. 9260 (CCS) with Design Space Modular, in the amount of $27,577, for the demobilization of temporary trailers which housed the Big Blue Bus staff during the Administration Building construction, for a total contract amount of $366,299; and authorize any necessary change orders within budget authority, was approved. EXPO LINE 3 -I: Transfer Project Sponsorship of Expo Bike Path to the L.A. County Metropolitan Transportation Authority (Metro) — recommendation to authorize the City Manager to negotiate and execute a payment agreement to: transfer project sponsorship of the Expo Bike Path project to the Los Angeles County MTA in the amount of $2,018,650, including federal Transportation Enhancement Activities funds authorized by Metro; and authorization for Metro to invoice the City for a local match obligation in the amount of $672,000, was approved. BEACH RESTROOM 3 -J: Beach Restroom Facilities Replacement — recommendation to authorize the City Manager to negotiate and execute Contract No. 9538 (CCS) with Monarch Plumbing & Mechanical, in the amount of $21,952 for additional work for the Beach Restroom Facilities Replacement Project, for a total contract of $220,486; and authorize any necessary changes, was approved. TAXICABS 3 -K: Resolution No. 10653 (CCS) entitiled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR VIOLATIONS OF TAXICAB RULES AND REGULATIONS, was adopted. EXPO MAINTENANCE 3 -L: Expo Maintenance Facility Buffer Zone Update— FACILITY recommendation to support the community's preferred use of the buffer site as open space /park; direct staff to issue a request for proposals for design services for the buffer as open space /park; to continue working with the community on buffer zone design; and to continue to work with the Expo Construction Authority, Metro, and their consultant teams on the design 4 January 24, 2012 and construction of the Maintenance Facility to be a "good neighbor" to the community, was approved. FAREBOS PARTS AND 3 -N: GFI Farebox Parts and Service —recommendation to award Bid SERVICE No. 3068 to GFI Genfare, for a total amount not to exceed $200,000, for the purchase and service of GFI farebox parts and components for a one- year term, was approved. PALISADES GARDEN 3 -0: Guaranteed Maximum Price Amendment for Construction for WALKITOWN SQUARE Palisades Garden Walk and Town Square Project — recommendation to PROJECT authorize the City Manager to negotiate and execute an amendment to Contract No. 9395 (CCS) with W.E. O'Neil Construction Company in an amount not to exceed $47,014,773, including contingencies and allowances, for construction services for the Palisades Garden Walk and Town Square; and appropriate the budget increases, was approved. REAL ESTATE 3 -P: Real Estate and Economic Development Consulting Services — CONSULTING SERVICES recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 9539 (CCS) with Keyser Marston Associates in the amount of $80,000, and amend Contract No. 9113 (CCS), with Allan D. Kotin & Associates in the amount of $70,000, for the purposes of providing professional real estate and economic development advice and support to City staff, was approved. EXPO LIGHT RAIL 3 -Q: Expo Light Rail 3% Local Match and Betterment Funding Agreements - recommendation to authorize the City Manager to negotiate and execute Agreement No. 9540 (CCS) with the Exposition Metro Line Construction Authority for a lump sum payment of $16,500,000 for the required 3% local match; authorize Agreement No. 9541 (CCS), as maybe appropriate, not -to- exceed $8,850,000 with the Exposition Metro Line Construction Authority to perform engineering services and construction of betterments at the Downtown/4h Street Station; make related appropriations; and, revises funding source for previously authorized betterments at the Memorial Park/l7th Street and Bergamot/26`h Street Stations and preliminary engineering services at Downtown/4th Street Station, was approved. EXPO LIGHT RAIL 3 -R: Modification to Contract for improving connections between the Downtown, Expo Light Rail Station and Civic Center over the I -10 Freeway - recommendation to authorize the City Manager to negotiate and execute a first modification to Contract No. 9167 (CCS) with AECOM, in the amount of $740,000 for improving connections between the Downtown, Expo Light Rail Station and Civic Center over the I -10 freeway, for a total contract not to exceed $1,723,112., was approved. JOINT MEETING: 3 -S: Consulting services for financial planning and analysis, and PARKING AUTHORITY debt issuance activities — recommendation to authorize the City Manager CONSULTING SERVICES to execute a third modification to Professional Services Agreement No. 8724 (CCS) with Public Resources Advisory Group (PRAG) to increase January 24, 2012 contract amount by $150,000 for a total contract amount not to exceed $650,000 for the five -year contract term, was approved. JOINT MEETING: 3 -T: Resolution No. 536 (RAS) entitled: "RESOLUTION OF THE REDEVELOPMENT REDEVLOPMENT AGENCY OF THE CITY OF SANTA MONICA AGENCY APPROVING AND ADOPTING THE AMENDED ENFORCEABLE PAYMENT SCHEDULE OBLIGATION PAYMENT SCHEDULE, was adopted. JOINT MEETING: 3 -U: Agreement to Perform Affordable Housing Operation — HOUSING AUTHORITY recommendation to authorize the City Manager and Housing Authority Board Chair to negotiate and execute Agreement No. 9542 (CCS /HAS) to HOUSING OPERATION transfer responsibility from the City to the Housing Authority for affordable housing compliance monitoring, inspections, waiting list management, enrollment, reporting, and related activities; for affordable housing production and preservation activities; and for implementation and continuing oversight of the Senior Homeless Prevention and Rental Assistance Program to the Housing Authority; and to fund said affordable housing responsibilities to be assumed by the Housing Authority by assigning from the City to the Housing Authority the stream of affordable housing payments required by Cooperation Agreement No. 8180 (CCS); an amount not to exceed $20,282,771, and future payments pursuant to Cooperation Agreement No. 9267 (CCS); and housing set -aside funds as are available from the City, was approved. ADJOURNMENT OF On order of the Mayor, the joint meeting with the City Council and the JOINT MEETING Parking Authority, Redevelopment Agency, and Housing Authority was adjourned at 6:40 p.m., and the regular City Council meeting was reconvened, with Councilmember O'Connor absent. WELL RELOCATION 3 -A: Windward School Well Relocation Agreement — recommendation to authorize the City Manager to negotiate and execute Agreement No. 9534 (CCS) with Windward School to define the terms, conditions, performance specifications, payment, and other considerations for the relocation of existing well CH -15 at the Charnock field, to modify the layout of the athletic field; and, execute an amendment to Agreement No. 8892 (CCS) with Black and Veatch Construction, in the amount of $1,421,417, to provide project management and construction services for the well relocation project, was presented. Mayor Pro Tern Davis advised she removed this item to recuse herself due to a conflict of interest as her son is a student at the subject school. Mayor Pro Tem Davis was excused at 6:41 p.m. Motion by Councilmember McKeown, seconded by Councilmember O'Dav, to approve the recommendation. The motion was approved by the following vote: January 24, 2012 AYES: Councilmembers McKeown, O'Day, Holbrook, Shriver, Mayor Bloom NOES: None ABSENT: Mayor Pro Tem Davis, Councilmember O'Connor CIVIC AUDITORIUM 3 -M: Design -Build Contract for Civic Auditorium Remodel & Seismic Upgrade — to authorize the City Manager to negotiate and execute Mayor Pro Tem Davis a revision to Contract No. 9396 (CCS) with Morley Construction Company returned at 6:43 p.m. in an amount not to exceed $51,944,432, including contingencies and allowances, for the Civic Auditorium Remodel & Seismic Upgrade; and Councilmember O'Connor appropriate budget increases, was presented. arrived at 6:47p. m. Councilmember Shriver advised he removed this item to inquire about the priority level of the project in regards to Redevelopment Agency funds. Staff provided additional information to Councilmembers. Motion by Councilmember McKeown seconded by Councilmember O'Day, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Mayor Pro Tem Davis, Mayor Bloom NOES: Councilmember Shriver ABSENT: None ADMIN. ITEMS: 6 -A: Appeal of the Landmarks Commission Designation of the F501 2"'D STREET Residence located at 25012 "d Street as a City Landmark — recommendation to deny the appeal and uphold the decision of the Landmarks Commission to designate the subject building as a City Landmark, was presented. Chris Harding and Mr. Yosef spoke on behalf of the Appellant and in support of the appeal. Members of the public Steve Galloway, Ann D'Elia, Lou D'Elia, Marcy Winograd, Ruthann Lehrer, Liz Lord, Mike Salazar, and Alexander Cassini spoke in support of the recommendation. Chris Harding, representing the Appellant, provided a brief rebuttal to public comment. Discussion ensued on the merits of the recommendation. Motion by Councilmember McKeown to uphold the Landmarks Commission decision. There being no second, the motion failed. Motion by Councilmember O'Connor, seconded by Councilmember O'Day, to uphold the appeal. January 24, 2012 Substitute motion by Mayor Pro Tem Davis, seconded by Councilmember McKeown, to uphold the Landmarks Commission decision. The motion was approved by the following vote: AYES: Councilmembers Shriver, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: Councilmembers O'Connor, Holbrook, O'Day ABSENT: None STAFF ITEMS: 8 -A: Annual Development Agreement Compliance Review — DEVELOPMENT recommendation to review the status of Development Agreement AGREEMENT REVIEW compliance; and, determine good faith compliance for those development agreements that are in compliance, was presented. There was no one present for public comment. Council directed staff to investigate the use of handicap placards citywide. Motion by Mayor Pro Tem Davis, seconded by Councilmember Holbrook, to approve the recommendation. The motion was approved unanimously by voice vote, with all members present. SUSTAINABLE RIGHTS 8 -13: Declaration of Commitment to Sustainable Rights — recommendation to adopt a resolution to support the Move to Amend campaign's call for an amendment to the U.S. Constitution to abolish Councilmember O'Connor corporate personhood; adopt Resolution No. 10654 (CCS), entitled "A was excused at 8:03 p.m. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE CITY'S COMMITMENT TO SUSTAINABLE RIGHTS"; and direct staff to formulate a process for identifying the policy, process, and legal changes that would protect the rights of people and natural communities consistent with the resolution as part of the update to the Sustainable City Plan in 2012, was presented. Members of the public Jennifer Epps, Nancy Nolan, Megan Heller, Elsie Andreyev, Cassandra Kliewer, Mary Beth Fielder, Randy Ziglar, Amanda Bang, Marcy Winograd, Cris Gutierrez, Luis Gomez, Michael Tony, Andrew Hoyer, Vern Taylor, Gillian Ware, Paulina Penafort, Shannon Biggs, Linda Piera - Avila, Barry Levine, Charlotte Biren, Claire Goldberg, Jeanna Perelman, Harvey Eder, Anneke Campbell, Maykel Pernia, Linda Sheehan, Mark Gold, Cosmo Bua, Ben Kay, Vallerie Griffin, Charles Fredericks, Eric Biren, Nicole Daghighigin, Christel Andersen, Mike Feinstein, Ellen Brennan, Parker Jean, and Joshua Scuteri spoke in favor of the recommendation. Member of the public Denise Barton spoke in opposition to the recommendation. January 24, 2012 I Motion by Mavor Pro Tern Davis seconded by Councilmember Shriver, to approve the Resolution No. 10654 (CCS), 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 Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember O'Connor Concerns were expressed that the `Move To Amend' draft resolution does not exempt non - profits, and concerned about how this would affect small, mom - and -pop corporations. Motion by Councilmember McKeown seconded by Councilmember O,Day, to approve the recommendation. Substitute motion by Mayor Pro Tern Davis seconded by Mavor Bloom, to ask staff to return to Council with a resolution that supports the idea that money should not be considered speech in elections, and corporations should not be allowed to contribute directly to campaigns. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Mayor Pro Tern Davis, Mayor Bloom NOES: Councilmembers McKeown, O'Day ABSENT: Councilmember O'Connor Councilmember McKeown stated, for the record, that his "no" vote reflects a belief that the direction intended by the motion is too narrow. COUNCIL ITEMS: 13 -A: Appointment to one unscheduled vacancy on the Architectural ARB Review Board for a term ending on June 30, 2012, was presented. There was no one present for public comment. On order of the Mayor, the floor was opened for nominations. Councilmember Shri ver nominated Michael Franklin Ross. Councilmember McKeown nominated Kristen A. Woods. Mr. Ross was appointed by the following vote: Ross: Councilmembers Shriver, Holbrook, O'Day, Mayor Pro Tern Davis, Mayor Bloom Woods: Councilmember McKeown Councilmember McKeown requested to change his vote to Mr. Ross. Mr. Ross was unanimously appointed, with Councilmember O'Connor absent. January 24, 2012 PERSONNEL BOARD 13 -B: Recommendation to accept Eve Brosnahan's resignation from the Personnel Board and to authorize the City Clerk to publish the vacancy, was presented. There was no one present for public comment. Motion by Councilmember O'Day, seconded by Councilmember Shriver, to accept the resignation with regret and approve the recommendation. The motion was unanimously approved by voice vote, with Councilmember O'Connor absent. HOUSING COMMISSION 13 -C: Recommendation to accept Amy Anderson's resignation from the Housing 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 Tem Davis, to accept the resignation with regret and approve recommendation. The motion was unanimously approved by voice vote, with Councilmember O'Connor absent. PARKING 13 -1): Request by Councilmember Holbrook that the City Council direct staff to examine the City's current limitations of the use of on- site parking spaces to on -site residents and to assess under what circumstances on -site parking spaces might be made available to off - site users, was presented. Members of the public Valerie Griffin and Denise Barton commented on the item. Motion by Councilmember Holbrook, seconded by Councilmember S to direct staff to look at the ordinance and bring back information in a timely manner. The motion was approved by voice vote, with Councilmember McKeown voting in opposition and Councilmember O'Connor absent. PUBLIC INPUT: Members of the public Michael Toney and Denise Barton commented on various local issues. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 10:13 p.m. in memory of James Greer Wright, Jr. and Vicente Rodriguez. ATTEST: Denise Anderson- Warren Assistant City Clerk PPRO D: ichard Bloom Mayor 10 January 24, 2012