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M-081412CITY OF SANTA MONICA [$[I OLIZK1117�Ca Inaliffel V D&I AUGUST 14, 2012 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:35 p.m., on Tuesday, August 14, 2012, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Tom Gleam Davis Councilmember Robert T. Holbrook Councilmember Pam O'Connor Councilmember Tony O'Day Absent: Councilmember Kevin McKeown Councilmember Bobby Shriver Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie Assistant City Clerk Denise Anderson- Warren City Clerk Maria M. Stewart CONVENE/PLEDGE On order of Mayor, the City Council convened at 5:35 p.m., with Council- members McKeown and Shriver absent. Councilmember O'Connor led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment for closed sessions. On order of the Mayor, the City Council recessed at 5:36 p.m., to consider closed sessions and returned at 6:52 p.m., with Councilmembers McKeown and Shriver absent, to report the following: 1 -A: Conference with Legal Counsel —Existing Litigation: Richard McDonald and Golden State Collective v. City of Santa Monica, Los Angeles Superior Court Case Number SS 0022090. City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. I -B: Conference with Legal Counsel —Anticipated Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9(c): 2 cases. August 14, 2012 City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -C: 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. I-D: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): One case (1420 5th Street and 1440 5th Street). City Attorney Marsha Moutrie recommended Settlement No. 9624 (CCS) related to the Craig Jones projects' affordable housing requirements. The proposed settlement would amend existing settlement agreements and would allow properties to provide the affordable housing required by the market rate project permits for 1420 and 1440 5th Street, and 1427 7th Street. The projects' obligations would be satisfied at properties located at 1650 and 1660 Lincoln, and 1437 50' Street. Motion by Councilmember O'Connor, seconded by Councilmember O'Day, to approve the settlement. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Shriver, McKeown 1 -E: Conference with Legal Counsel - Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): Village Trailer Park City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -F: Conference with Real Property Negotiator: Property: 1920 Ocean Way City Negotiator: Andy Agle, Dir. Housing & Economic Dev Under Negotiation: Price & Terms Owner of Record: City of Santa Monica City Attorney Marsha Moutrie reported that this item was not heard. August 14, 2012 SPECIAL ITEMS: 2 -A: New City Clerk Sarah Gorman was introduced to staff and the NEW CITY CLERK community by Mayor Bloom. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Joy Fullmer, Jerry Rubin, and Zina Josephs commented on various Consent Calendar Items. At the request of Mayor Pro Tern Davis, Item 3 -I was removed from the Consent Calendar. Motion by Councilmember O'Connor, seconded by Councilmember Holbrook, to approve the Consent Calendar except for Item 3 -I, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Shriver, McKeown MINUTES 3 -A: The minutes for the June 26, July 10, 17, and 24, 2012 City Council meetings were approved as submitted. BANKING SERVICES 3 -B: Banking services from Bank of America —recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8372 (CCS) with Bank of America, in the amount of $70,000, to provide banking services on a month to month basis through no later than March 31, 2013, until a Request for Proposal process can be completed, was approved. TRACTOR PURCHASE 3 -C: Purchase of agricultural tractor —recommendation to award Bid No. 3088 to Cal -Coast Machinery, Inc. in the amount of $128,518, for the purchase and delivery of one new agricultural tractor, was approved. CUTAWAY CAB TRUCKS 3 -D: Purchase of cutaway cab trucks —recommendation to award Bid No. 3071 to Santa Monica Ford in the amount of $208,394, for the purchase and delivery of three new cutaway cab trucks to be used by the Street Maintenance Division, was approved LANDSCAPE SERVICES 3 -E: Landscape maintenance services for various City locations — recommendation to authorize the City Manager to negotiate and execute five -year Contract No. 9625 (CCS) with TruGreen Landcare, in the amount of $1,731,113 per year for landscape set-vices at various facilities and streetscapes, was approved. August 14, 2012 DOWNTOWN SANTA 3 -F: Downtown Santa Monica Inc., Budget and Work Plan — MONICA, INC., BUDGET recommendation to approve the FY2012/13 Budget and Work Plan; and & WORK PLAN authorize the City Manager to execute Maintenance Services Agreement No. 9626 (CCS) with Downtown Santa Monica Inc., to set forth each party's responsibilities for the maintenance of the District, was approved. FLEET VEHICLE 3 -G: Purchase of replacement fleet vehicles —recommendation to REPLACEMENT award Bid Nos. 40304 -OR, 40291 -OR, and 40292 -OR for purchase and delivery of one transit connect electric vehicle and three pickup trucks, in the amount of $152,503; and award Bid No. 42003 -OR to Wondries Fleet Group, in the amount of $75,553, for purchase and delivery of two Nissan Leaf electric vehicles, was approved. CEMETERY SERVICES 3 -H: Embalming, decedent care, decedent transportation and cremation services- recommendation to authorize the City manager to negotiate and execute Contract No. 9627 (CCS) with Snyder's Embalming Service, in an annual amount of $100,000, for decedent and mortuary services with an option to extend the contract for up to five years, was approved. MOTORCYCLE 34: Recommendation to reject bids for the purchase of nine PURCHASE motorcycles and direct staff to re- advertise the bid at a later time, was approved. POLICE MOTORCYCLES 3 -K: Repairs and parts services for Police Motorcycles - recommendation to award Bid No. 37842 -OG to Long Beach BMW, in the amount of $142,000, to provide pars and repair services for Police Department motorcycles, was approved. MICHIGAN AVENUE 3 -L: Michigan Avenue Neighborhood Greenway - recommendation to GREENWAY authorize the City Manager to negotiate and execute Contract No. 9629 (CCS) with Melendrez, in the amount of $164,000, to provide outreach and design services for the project; and approve the proposed budget changes, was approved. DOJ GRANT FUNDS 3 -M: 2012 DOJ Edward Byrne Memorial Justice Assistance grant funds - recommendation to authorize the City Manager to accept a grant award in the amount of $33,776; and approve the proposed budget changes, was approved. SECURITY GRANT 3 -N: 2011 Urban Area Security Initiative Grant Funds — FUNDS recommendation to authorize the City Manager to accept a grant award in the amount of $515,546; and approve the proposed budget changes, was approved. August 14, 2012 VISITOR CENTER IN 3 -0: License Agreement for Visitor Center in the Carousel Building CAROUSEL BUILDING — recommendation to authorize the City Manager to negotiate and execute Agreement No. 9630 (CCS) with the Santa Monica Pier Corporation to operate a visitor center and gift shop in the Pier Carousel Building under the proposed terms and conditions, was approved. SM PIER CORPORATION 3 -P: Santa Monica Pier Corporation 2012/13 Budget and Work Plan BUDGET/WORK PLAN — recommendation to approve the renaming of Santa Monica Pier Restoration Corporation to Santa Monica Pier Corporation; approve the revised Articles of Incorporation and amended and restated Bylaws; and, approve the proposed Work Plan and budget, was approved. PARKING VIOLATIONS 3 -Q: Adoption of Resolution No. 10701 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING CIVIL PENALTIES FOR PARKING VIOLATIONS AND FOR THE LATE PAYMENT OF PENALTIES," was approved. PIER AND AIRPORT 3 -1: Development of Pier and Airport Enhancement Plans — ENHANCEMENT PLANS recommendation to authorize the City Manager to negotiate and execute Agreement No. 9628 (CCS) with IBI Group, in the amount of $500,062, to prepare Pier and Airport Enhancement Plans, was presented. Mayor Pro Tem Davis advised she removed this item from the Consent Calendar to ask questions related to the timing of the project and what the planned uses may be for the non - aviation land that included at lofts and studios and a theater. Staff provided additional information and answered questions from Councilmembers. Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, tc approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Day, Holbrook, O'Connor, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Shriver, McKeown Motion by Councilmember O'Connor, seconded by Councilmember O'Day, to direct staff to return with information on what kinds of things the City is doing to assure that the airport is a good neighbor as it relates to the edges of the airport. The motion was unanimously approved by voice vote, with Councilmembers McKeown and Shriver absent. August 14, 2012 ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2406 (CCS) RAND DEVELOPMENT entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AGREEMENT APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT NO. 9631 (CCS) BETWEEN THE CITY AND THE RAND CORPORATION TO AUTHORIZE THE CONVERSION OF A PORTION OF PARKING LEVEL P1 INTO PRIMARILY OFFICE USES," was presented. Motion by Councilmember Holbrook, seconded by Councilmember O'Connor, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Shriver, McKeown LIBRARY BONDS 7 -B: Introduction and adoption of Ordinance No. 2405 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA SETTING THE FY2012/13 TAX RATE FOR THE 2012 LIBRARY GENERAL OBLIGATION REFUNDING BONDS," was presented. There was no one present for public comment. Motion by Councilmember O'Connor, 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 O'Connor, Holbrook, O'Day, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Shriver, McKeown ZONING 7 -C: Introduction and first reading of an Ordinance amending Interim Zoning Ordinance Number 2394 (CCS) to further extend the Interim Zoning Ordinance to August 14, 2013, and authorizing in residential and "A" off street parking overlay zones (i) small increases in square footage of existing nonconforming auto dealer uses and (ii) development of automobile parking structures, storage facilities, and related uses associated with an adjacent dealership subject to discretionary review, was introduced. Members of the public Zina Josephs, Ellen Hannan, Hank Koning, Valerie Griffin, David Wadley, Katherine Eldridge and Linda Piera -Avila expressed various concerns related to the proposed ordinance. 6 August 14, 2012 Member of the public Chris Harding spoke in support of the proposed ordinance. Considerable discussion ensued on the merits of the proposed ordinance and on the comments and concerns expressed by members of the public. Motion by Councilmember O'Day, seconded by Councilmember O'Connor, to introduce the ordinance, reading by title only and waiving further reading thereof, and amending a phrase on page 24 of the ordinance to read, "the height of the expansion is one story not to exceed 23 feet." The motion was approved by the following vote: AYES: Councilmembers O'Day, Holbrook, O'Connor, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Shriver, McKeown STAFF ITEMS: 8 -A: 256 Santa Monica Pier Lease — recommendation to direct staff to 256 SANTA MONICA reopen the tenant recruitment process to solicit additional interest under the PIER recently approved open recruitment process; and, consider choosing between the finalists obtained through a Request for Proposal process for Mayor Bloom was excused at the leasehold opportunity at 256 Santa Monica Pier, was presented. 8:05 p. m. Mayor Bloom advised that because of recent circumstances involving his Assembly Campaign staff, and that although there is no legal requirement to take any particular action, he recused himself to avoid the appearance of a conflict of interest. Mayor Pro Tem Davis assumed the Chair. Members of the public Nick Steers, Tom Hall, Russ Barnard, Abby Arnold, Bruce Cameron and Jeff Jarow spoke in support of Council selecting the existing Rusty's restaurant's proposal. Members of the public Sal Aurora, Mario Guddemi, Pablo Moix, Stephen Livigni, Lauren Counter, David Carlat, Stephen Martin and Christopher Wilson spoke in support of Council selecting the Quintessential Company proposal. Motion by Councilmember O'Connor, seconded by Councilmember O,Dav, to select Rusty's proposal. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, Mayor Pro Tern Davis NOES: None ABSENT: Councilmembers Shriver, McKeown, Mayor Bloom August 14, 2012 RECESS On order of the Mayor, the City Council recessed at 8:51 p.m., and Mayor Bloom returned at reconvened at 9:01 p.m., with Councilmembers Shriver and McKeown 9:01 P.M. absent. LAND EXCHANGE FOR 8 -13: Purchase and Sale Agreement for Fire Station Land Exchange — FIRE STATION recommendation to adopt Resolution No. 10702 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA WAIVING ADVERTISING REQUIREMENTS AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMENT NO. 9632 (CCS),WHOSE TERMS OF EXCHANGE OF CITY -OWNED PROPERTIES AT 1338 -42 AND 1321 5TH STREET, FOR A PROPERTY LOCATED AT 1337 -45 7TH STREET, SUBJECT TO THE CONDITION THAT CLOSING OF ESCROW AND THE UNDERTAKING OF ANY OBLIGATIONS OR COMMITMENTS UNDER THE AGREEMENT SHALL NOT OCCUR UNTIL THE CITY COMPLIES WITH THE APPLICABLE REQUIREMENTS OF CEQA, INCLUDING ANY REQUIREMENT THAT THE CITY COUNCIL MAKE FINDINGS AND APPROVALS IN ACCORDANCE WITH CEQA," was presented. Members of the public Zina Josephs and Ellen Hannan expressed concerns related to the impacts of the proposed action. Member of the public John Smith spoke in opposition of the recommendation. Motion by Councilmember O'Day, seconded by Councilmember O'Connor, to adopt the resolution reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Day, Holbrook, O'Connor, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Shriver, McKeown Motion by Mayor Pro Tern Davis, seconded by Councitmember O'Day, to approve the agreement. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Sbriver, McKeown REDEVELOPMENT 8 -C: Contingency Planning related to the dissolution of CONTINGENCY Redevelopment — recommendation to authorize staff to proceed with PLANNING certain priority projects while suspending others in light of recent legislative actions related to the dissolution of redevelopment; and direct staff to return with additional information and necessary appropriations or adjustments related to projected budgets, was presented. August 14, 2012 Members of the public Jerry Rubin, Denise Barton, Shari Davis and Ken Ward commented on various projects impacted by the proposed recommendation. Motion by Mayor Pro Tem 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, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmembers Shriver, McKeown PUBLIC HEARINGS: 9 -A: Congestion Management Program and related development CONGESTION report — recommendation to hold public hearing, receive public comment, MANAGEMENT and adopt Resolution No. 10703 (CCS) entitled: "A RESOLUTION OF PROGRAM THE CITY OF SANTA MONICA FINDING THE CITY TO BE IN COMPLIANCE WITH THE 2010 LOS ANGELES COUNTY Councilmember O'Connor CONGESTION MANAGEMENT PROGRAM; AND, TO ADOPT THE excused at 10:12 p.m. ANNUAL LOCAL DEVELOPMENT REPORT," was presented. Members of the public Denise Barton and Christel Andersen commented on the proposed recommendation. Motion by Councilmember Holbrook, seconded by Mayor Pro Tem Davis, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Day, Holbrook, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmembers O'Connor, Shriver, McKeown COUNCIL ITEMS: 13 -A: Request to declare Louisa Fish's seat on the Commission for the SENIOR COMMISSION Senior Community vacant and authorize the City Clerk to publish the VACANCY vacancy, was presented. There was no one present for public comment. Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to approve request. The motion was unanimously approved by voice vote, with Councilmembers O'Connor, Shriver, and McKeown absent. August 14, 2012 DOWNTOWN POST 13 -B: Request of Mayor Bloom and Mayor Pro Tern Davis that the OFFICE City Council respond to a plan to sell the post office at the corner of Fifth and Arizona Streets and relocate retail services to an annex Councilmember O'Connor facility by directing staff to communicate to the United States Postal returned at 10 :18 p. m. Service that Santa Monica's downtown post office at 1248 Fifth Street should remain open to the public and continue to provide retail and mail services, was presented. Members of the public Zina Josephs, Jerry Rubin and Valerie Griffin spoke in support of the request. Motion by Mayor Pro Tern Davis, seconded by Councilmember Holbrook, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Shriver and McKeown absent. SAN ONOFRE NUCLEAR 13 -C: Request of Mayor Bloom and Mayor Pro Tem Davis that the GENERATING STATION City Council direct staff to communicate its support of a full California Public Utilities Commission investigation of the cost and reliability of Councilmember O'Day was the San Onofre Nuclear Generating Station and compare it to other excused at 10 :24 p.m. energy sources used today and throughout the licensing duration and in addition urge the U.S. Nuclear Regulatory Commission to conduct a licensing amendment process that is transparent and includes public hearings, was presented. Councilmember O'Day advised that although he is not legally required to recuse himself, his company owns a number of power plants that may be impacted by the subject matter, so for that reason requested to be recused to avoid the appearance of the conflict of interest. The following members of the public spoke in support of the request: Zina Josephs, Jerry Rubin, Valerie Griffin, Denise Barton, Christel Andersen, Harvey Eder, Torgen Johnson, Ace Joffman, Gary Headrick, Diane Moss, Bruce Campbell, Myla Reson, Cris Gutierrez, and Randy Ziglar. Member of the public Marc Olson, representing Edison, provided an update on Edison's efforts related to safety. Motion by Mayor Bloom, seconded by Mayor Pro Tern Davis, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Shriver, McKeown, and O'Day absent. RECOGNITION OF 13 -1): Request of Councilmember Holbrook that staff consider an MILITARY SERVICE appropriate form of recognition for the 97 Santa Monica service men CASUALTIES and women who were casualties of the five wars that occurred since Santa Monica's incorporation and return to Council with Councilmember O'Day recommendations, locations and cost estimates, was presented. returned at 10 :55 p.m. 10 August 14, 2012 Member of the public Jack Walter spoke in support of the request. Motion by Councilmember Holbrook, seconded by Councilmember O'Day, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Striver and McKeown absent. DISABILITIES 13 -E: Request to accept Jenna Amy Rodman's resignation from the COMMISSION Disabilities Commission and authorize the City Cleric to publish the vacancy, was presented. There was no one present for public comment. Motion by Councilmember O'Connor, seconded by Councilmember O Day, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Sbriver and McKeown absent. PUBLIC INPUT: Members of the public Denise Barton and Dbun May commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 11:16 p.m., in memory of Dr. Sally Ride and Frank Schwengel. ATTEST: Denise Anderson - Warren Assistant City Clerk Maria M. Stewart City Clerk APPROVED: 11 August 14, 2012