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M-071012CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 10, 2012 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:37 p.m., on Tuesday, July 10, 2012, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Pam O'Connor (arrived at 8:51 p.m.) Councilmember Terry O'Day Councilmember Bobby Shriver (arrived at 6:15 p.m.) Absent: Mayor Pro Tem Gleam Davis 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 5:37 p.m., with Councilmembers Shriver, O'Connor, and Mayor Pro Tem Davis absent. Councilmember O'Day led the assemblage in the Pledge of Allegiance. TABLING OF AGENDA The City Manager announced that based on feedback from the public, both ITEM 8 -C local and from surrounding communities, staff was requesting that the item listed as 8 -C related to Flight Training Reduction Incentive Test Program, be tabled indefinitely. Motion by Councilmember Holbrook, seconded by Councilmember O'Day, to table Item 8 -C indefinitely. The motion was unanimously approved by voice vote, with Councilmembers Shriver, O'Connor, and Mayor Pro Tem Davis absent. CLOSED SESSIONS There were no members of the public present for public comment. Councilmember Shriver On order of the Mayor, the City Council recessed at 5:39 p.m., to consider arrived at 6:15 p.m. closed sessions and returned at 6:35 p.m., with Councilmember O'Connor and Mayor Pro Tem Davis absent, to report the following: July 10, 2012 1 -A: Conference with Legal Counsel — Anticipated Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9(c): 1 case The City Attorney reported this matter was heard and no reportable action was taken. SPECIAL ITEMS: 2 -A: Acceptance of Champion Award to the City from Southern California Edison and the Southern California Association of Governments. Representatives from the Southern California Association of Governments and Southern California Edison presented the Mayor and City Council with the "Champion Award" for its significant efforts to meet the needs of the community, in Electric Vehicle policies and programs. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Joy Fullmer and Denise Barton commented on various Consent Calendar items. Motion by Councilmember McKeown, seconded by Councilmember O'Day , 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 Bloom NOES: None ABSENT: Councilmember O'Connor, Mayor Pro Tern Davis WINDWARD SCHOOL 3 -A: Windward School Well Relocation Agreement — WELL RELOCATION recommendation to authorize the City Manager to: negotiate and execute an amendment to Agreement No. 8892(CCS) with Black and Veatch Construction, Inc., in the amount of $392,235 for the Relocation Project, in the amount of $62,096,354; negotiate and execute Professional Services Agreement No. 9611 (CCS) with Richard C. Slade & Associates (RCS) in the amount of $79,640 for hydrogeological observation and inspection services; and, approve budget changes, was approved. COMMUNITY ENERGY 3 -B: Agreement for Community Energy Efficiency Project EFFICIENCY PROJECT Management System — recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 9612 (CCS) with Vitasys, Inc. in the amount of $150,000 to develop a web -based database of energy efficiency incentive information, was approved July 10, 2012 3 -C: Resolution authorizing actions related to Applications and Acceptance of Proposition 1B Bond funds - recommendation to adopt Resolution No. 10692 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO: SUBMIT A GRANT APPLICATION AND TO EXECUTE AGREEMENTS IN FURTHERANCE OF TRANSIT SECURITY PROJECTS FOR THE BIG BLUE BUS; ADOPT RESOLUTION NO. 10691 (CCS) AUTHORIZING THE EXECUTION OF CERTIFICATIONS AND ASSURANCES FOR THE PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT, AND SERVICE ENHANCEMENT ACCOUNT BOND PROGRAM; AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE NON - FINANCIALLY BINDING DOCUMENTS ASSOCIATED WITH THESE GRANT FUNDS," and, appropriate funds, was approved. PICO BRANCH LIBRARY 3 -1): Pico Branch Library Contract Modification — recommendation to authorize the City Manager to negotiate and execute a fifth modification to Professional Services Agreement No. 9180 (CCS) in the amount of $85,348 with Koning Eizenberg Architects, to provide additional scope of work to complete the Pico Branch Library Project, for a total contract amount of $967,938, was approved. 1920 OCEAN WAY 3 -E: Disposition of City -Owned Property at 1920 Ocean Way — recommendation to adopt Resolution No. 10693 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REJECTING ALL OFFERS FOR THE PURCHASE OF 1920 OCEAN WAY AND DECLARE AND DETERMINE THAT SUCH REAL PROPERTY MAY BE SOLD IN THE OPEN MARKET; AND, AUTHORIZE STAFF TO NEGOTIATE TO SELL THE CITY -OWNED PROPERTY LOCATED AT 1920 OCEAN WAY IN THE OPEN MARKET, SUBJECT TO CITY COUNCIL APPROVAL," was approved. ORDINANCES: 7 -A: Introduction and First Reading of an Ordinance Modifying PARKING AND PARKING Sections of Santa Monica Municipal Code Article 3 related to the RATES Management of Parking and Adoption of a Resolution Setting Public Parking Rates — recommendation to introduce for first reading an ordinance modifying SMCC Article 3 related to parking regulations; approve off - street parking policies for vehicles displaying disabled placards, including charging vehicles displaying disabled placards in the Downtown parking structures and in the Civic Center during capacity events; adopt Resolution No. 10694 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING NEW PARKING EFFECTIVE OCTOBER 1, 2012 AT ALL LOCATIONS EXCEPT BEACH LOTS WHERE RATES WOULD BE EFFECTIVE NOVEMBER 1, 2012 WITH THE CHANGE TO WINTER RATES, SUBJECT TO THE July 10, 2012 COASTAL COMMISSION APPROVAL WHERE REQUIRED;" authorize the City Manager to negotiate and execute Agreement No. 9613 (CCS) with Santa Monica College to provide validated parking for students attending classes at Emeritus College; and direct staff to continue to use any incremental increase in General Fund parking revenue over the FY 2009 -10 base year to address traffic, parking, access and circulation; and, direct staff to study the development of a Parking Enterprise Fund during FY 2012 -13 and present recommendations as part of the FY 2013 -15 budget, was presented. Members of the public Debbie Lee, Denise Barton, Laura Owen, Thomas Madaio, Gary Gordon, Paula Larmore, Diane Jackson and Judy Abdo commented on the various aspects of the recommendation, expressed concerns related to the impacts of parking and parking rates and provided suggestions. Motion by Councilmember O'Day, seconded by Councilmember McKeown, 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 Bloom NOES: None ABSENT: Councilmember O'Connor, Mayor Pro Tern Davis Motion by Councilmember McKeown. seconded by Councilmember O'Day, to approve off - street parking policies for vehicles displaying disabled placards, including charging vehicles displaying disabled placards in the Downtown parking structures and in the Civic Center during capacity events. The motion was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown, Mayor Bloom NOES: None ABSENT: Councilmember O'Connor, Mayor Pro Tern Davis Motion by Councilmember Holbrook. seconded by Councilmember Shrives, to adopt Resolution No. 10694 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING NEW PARKING EFFECTIVE 10/1/12 AT ALL LOCATIONS EXCEPT BEACH LOTS WHERE RATES WOULD BE EFFECTIVE NOVEMBER 1, 2012 WITH THE CHANGE TO WINTER RATES, SUBJECT TO THE COASTAL COMMISSION APPROVAL WHERE REQUIRED," amended to reduce parking cost for employees of Main Sheet merchants fiom $27 to $20 per month. The motion was approved by the following vote: 4 July 10, 2012 AYES: Councilmembers O'Day, Holbrook, Shriver, Mayor Bloom NOES: Councilmember McKeown ABSENT: Councilmember O'Connor, Mayor Pro Tern Davis Councilmember McKeown stated, for the record, that his "no" vote reflects a concern that the action is contrary to the vehicle miles travel policies and that over- subsidizing parking can lead to greater traffic congestion. Motion by Councilmember O'Day, seconded by Councilmember Shriver, to authorize the City Manager to negotiate and execute Agreement No. 9613 (CCS) with Santa Monica College to provide validated parking for students attending classes at Emeritus College; and direct staff to continue to use any incremental increase in General Fund parking revenue over the FY 2009 -10 base year to address traffic, parking, access and circulation; and, direct staff to study the development of a Parking Enterprise Fund during FY 2012 -13 and present recommendations as part of the FY 2013- 15 budget. The motion was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown, Mayor Bloom NOES: None ABSENT: Councilmember O'Connor, Mayor Pro Tern Davis TAXICAB ADMINISTRA- 7 -B: Introduction and First Reading of Ordinance to Amend the TIVE CITATION Administrative Citation Hearing Procedures for Administrative REGULATIONS Hearings, Taxicab Rule Violation Hearing Procedures, and Resolution to Update the Administrative Citation Schedule to Add the Schedule of Fines for Violation of Taxicab Rules and Regulations, was presented. Councilmember Shriver was There was no one present for public comment. excused at 8.•27 p. m. Motion by Councilmember Holbrook, seconded by Councilmember O'Day, to introduce the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, O'Day, McKeown, Mayor Bloom NOES: None ABSENT: Councilmembers Sbriver, O'Connor, Mayor Pro Tern Davis Councilmember Shriver 7 -C: Introduction and First Reading of an Ordinance Amending returned at 8 :35 p.m. Chapter 4.44 of the Municipal Code to require Designation and Disclosure of Smoking Status of Residential Units and to provide remedies for smoking in all units designated non - smoking, was presented. July 10, 2012 Councilmember O'Connor The following members of the public spoke generally in support of the arrived at 8:50 p.m. recommendation, expressed concerns regarding second -hand smoking, and provided suggestions: Denise Barton, Statice Wilmore, Marlene Gomez, Trisha Roth, Esther Schiller, Aurora Zepeda, Divina Sevilla, Bette Shapiro, Barbara, Carol Riel, Griffin Riel, Robin Sherry, Jennifer Kennedy, Sarah Letts, Mariana Bension Larkin, Jacqueline Hernandez, and Dean Schwartz. Motion by Councilmember Shriver, seconded by Councilmember Holbrook, to introduce the ordinance, amended to change the default of a vacant unit from undesignated to non - smoking unit, and directing staff to establish a date certain for getting all units in the City to non - smoking status. Considerable discussion ensued on the motion, the merits of the proposed ordinance, the possible impacts on renters, and the various public concerns expressed. Substitute motion by Councilmember O'Day, seconded by Mayor Bloom, to introduce the ordinance as proposed by staff, amended to direct staff to conduct outreach and training for tenants and landlords including mediating disputes, handling discussions, and enforcement options; and also directing staff to return with a status report, to consider the designation status for new tenancies and those who don't respond, within one year and at that time to consider a date certain for existing tenancies. The substitute motion failed by the following vote: AYES: Councilmembers O'Day, Holbrook, Mayor Bloom NOES: Councilmembers McKeown, O'Connor, Shriver ABSENT: Mayor Pro Tem Davis The main motion was re- stated and amended to include the direction to staff given in the substitute motion. The main motion, as re- stated, was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, O'Day, Mayor Bloom NOES: Councilmembers O'Connor, McKeown ABSENT: Mayor Pro Tern Davis STAFF ITEMS: 8 -A: Colorado Esplanade Final Design — recommendation to adopt the ITEM WITHDRAWN Mitigated Negative Declaration and Mitigation Monitoring Program for the Colorado Esplanade Project; adopt a resolution amending the Civic Center Specific Plan to eliminate the Second Street Bridge Extension and to replace this Policy with the Colorado Esplanade Project Main Street to Second Street Alignment; and, approve the final design for the Colorado Esplanade, as proposed, was withdrawn at request of staff. 6 July 10, 2012 CALIFORNIA INCLINE 8 -B: Certification of EIR/EA for California Incline Bridge BRIDGE REPLACEMENT Replacement Project — recommendation to adopt Resolution No. 10695 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT /ENVIRONMENTAL ASSESSMENT (EIR/EA)FOR THE CALIFORNIA INCLINE BRIDGE REPLACEMENT PROJECT "; adopt Resolution No. 10696 (CSS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND REPORTING PLAN AND MAKING NECESSARY CEQA FINDINGS'; authorize staff to proceed with the development of bidding documents for construction of the California Incline Project as recommended in the final EH;/EA; authorize the City Manager to negotiate and execute a modification to Professional Services Agreement No. 7148 (CCS) with Wallace, Roberts and Todd, Inc. in the amount of $1,256,000, for project management, structural, civil, traffic, and geotechnical design services, for a total contract amount of $2,581,799; and, appropriate budget increases, was presented. Members of the public Steven Boyers, Stone Douglass, Dawn Forrester, Judi Jensen and Adrienne Chardhok commented generally in favor of the project and in support of a faster completion schedule. Motion by Councilmember Shriver, seconded by Councilmember McKeown, to adopt the resolution certifying the Final FIR, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Bloom NOES: None ABSENT: Mayor Pro Tem Davis Motion by Councilmember O' Connor, seconded by Councilmember Holbrook, to adopt the resolution adopting Statement of Overriding Considerations and Mitigation Monitoring and Reporting Plan and making necessary CEQA findings, reading by title only and waiving further reading thereof. The motion was approved by the following vote. AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Bloom NOES: None ABSENT: Mayor Pro Tem Davis July 10, 2012 Motion by Councilmember O'Day, seconded by Councilmember O'Connor, to authorize the City Manager to negotiate and execute a modification to Professional Services Agreement No. 7148 (CCS) with Wallace, Roberts and Todd, Inc. in the amount of $1,256,000, for project management, structural, civil, traffic, and geotechnical design services, for a total contract amount of $2,581,799; and, appropriate budget increase. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Bloom NOES: None ABSENT: Mayor Pro Tem Davis FLIGHT TRAINING 8 -C: Flight Training Reduction Incentive Test Program — REDUCTION - TABLED recommendation that City Council: approve a six -month voluntary flight training reduction incentive test program at Santa Monica Airport in an amount not to exceed $90,000 to reimburse flight schools who conduct repetitive takeoff and landing practice at other area airports during weekends and federal holidays only; and appropriate budget increases. As voted upon at the beginning of the meeting, this matter was tabled indefinitely. COUNCIL ITEMS: 13 -A: Appointment to seven vacancies on the Urban Forest Task APPOINTMENTS Force for terms ending June 30, 2015. On order of the Mayor, the floor was opened for nominations. Councilmember McKeown nominated Thomas Cleys, Gloria Garvin, Grace Phillips, Linda Piera- Avila, Lucien Plauzoles, John Cyrus Smith, and Jodi Summers. Councilmember O'Connor nominated Thomas Cleys, Victoria Englert, Grace Phillips Linda Piera - Avila, Lucien Plauzoles, John Cyrus Smith and David Zuckerman. Councilmember O'Day nominated Thomas Cleys, Victoria Englert, Gloria Garvin, Grace Phillips, Linda Piera - Avila, Lucien Plauzoles and John Cyrus Smith. Councilmember Holbrook nominated Thomas Cleys, Victoria Englert, Grace Phillips, Linda Piera- Avila, Lucien Plauzoles, John Cyrus Smith, and David Zuckerman. Councilmember Shriver nominated Thomas Cleys, Grace Phillips, Linda Piera - Avila, Lucien Plauzoles, John Cyrus Smith and David Suckerman. July 10, 2012 Manor Bloom nominated Thomas Cleys, Victor Englert, Grace Phillips, Linda Piera- Avila, Lucien Plauzoles, John Cyrus Smith, and David Zuckerman. Upon a vote of the Council, the following candidates were appointed: Thomas Cleys, 6 votes Victoria Englert 5 votes Grace Sadye Phillips 6 votes Linda Piera -Avila 6 votes Lucien Plauzoles 6 votes John Cyrus Smith 6 votes David Zuckerman 4 votes STATUS OF WOMEN 13 -13: Appointment to one unscheduled vacancy on the Commission on the Status of Women for a term ending June 30, 2013. On order of the Mayor, and at the request of the Commission, this matter was continued to July 24. PUBLIC INPUT: Member of the public Denise Barton commented on various local issues, ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 11:21 p.m., in memory of C.R, Roberts. ATTEST: / APPROVED: Maria M. Stewart [ 1fi, ) I'Richard City Clerk Mayor July 10, 2012