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M-091112CITY OF SANTA MONICA CITY COUNCIL MINUTES TUESDAY, SEPTEMBER 11, 2012 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:35 p.m., on Tuesday, September 11, 2012, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Tern Gleam Davis Councilmember Robert T. Holbrook (arrived at 5: 47 p. rn.) Councilmember Kevin McKeown Councilmember Pam O'Connor Councilmember Terry O'Day Councilmember Bobby Shriver (arrived at 5 :50 p.m.) Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie Assistant City Clerk Denise Anderson - Warren CONVENEXLEDGE On order of the Mayor, the City Council convened at 5:35 p.m., with Councilmembers O'Connor and Shriver, absent. City Clerk, Sarah Gorman led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for Closed Session. On order of the Mayor, the City Council recessed at 5:37 p.m., to consider Councilmember Holbrook closed sessions and returned at 6:40 p.m., with all members present, to arrived at 5:47 p. m. report the following: Councilmember Shriver 1 -A: Conference with Legal Counsel —Existing Litigation: Finley v. arrived at 5:50 p.m. City of Santa Monica, Los Angeles Superior Court Case Number BS 127077. The City Attorney recommended a settlement in the amount of $99,500 to the Western Center on Law and Poverty. Motion by Councilmember McKeown, seconded by Councilmember Holbrook, to approve Settlement No. 9638 (CCS) in the amount of $99,500. The motion was approved by the following vote: September 11, 2012 AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None 1 -B: Conference with Legal Counsel - Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): 1 case The City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -C: 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 Marsha Moutrie reported that this item was heard with no reportable action taken. INSPIRATION: Moment of silence and full color guard with Police and Fire in remembrance of 9/11, was held. SPECIAL AGENDA 2 -A: Commendation to the Santa Monica Little League Senior AIl- ITEMS: Stars for winning the District 25 Tournament, was presented by Mayor Bloom. 2 -B: Kaiser Permanente awarded a Healthy Eating Active Living certificate of recognition to Council for adopting policies that promote a healthy and active community, was received 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, Denise Barton, Christel Anderse, and Catherine Eldridge commented on various Consent Calendar items. Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to approve the Consent Calendar, except for Items 3 -A, 3 -C, and 3 -F, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: None BBB ADMIN BUILDING 3 -B: Big Blue Bus Administration Building Waterproofing Contract WATERPROOFING — recommendation to authorize the City Manager to negotiate and execute 2 September 11, 2012 Contract No. 9640 (CCS) with Fortex Construction in an amount not to exceed $172,590 for building enclosure waterproofing, repair and replacement work at the Big Blue Bus Administration building, and authorize any necessary changes, was approved. BUS TRANSPORTATION 3 -D: Award Bid to Provide Bus Transportation Services — SERVICES recommendation to award Bid No. 4010 to Star -Dust Tours, Inc., for a total amount of $81,600 per year to provide bus transportation set-vices as requested by the Community and Cultural Services Department, with two one -year renewal options for a total amount of $244,800; and appropriate budget changes, was approved. SAN VICENTE BOOSTER 3 -E: Design Services for San Vicente Booster Pump Generator PUMP GENERATOR Project — recommendation to authorize the City Manager to negotiate and PROJECT execute professional services Agreement No. 9641 (CCS) with Lee & Ro, Inc. in the amount of $328,500 to provide design services for the San Vicente Booster Pump Station Emergency Generator Project; and appropriate budget changes, was approved. REJECT BID NO. 4013 3 -G: Reject Bid for Granular Activated Carbon Replacement Services — recommendation to authorize City Manager to reject all bids received on June 28, 2012 for Bid No. 4013 for granular activated carbon replacement services at the Cbarnock Well Field; authorize to direct staff to reissue a request for new bids in order to obtain the best bidder; and approve a new, interim purchase order in the amount of $400,000 with Carbon Activated Corporation, resulting in a new total amount of $1,200,000, was approved. WATER WELL REPAIR 3 -H: Award Bid for Water Well Repair and Maintenance Services — AND MAINTENANCE recommendation to award Bid No. 4008 to General Pump Company, Inc. SERVICES for an amount not to exceed $180,000 for one year for water well repair and maintenance services, with two one -year renewal options for a total amount of $540,000 for three years, was approved. PIER BRIDGE 3 -I: Agreement for Pier Bridge Replacement Project — REPLACEMENT recommendation to authorize the City Manager to negotiate and execute PROJECT professional set-vices Agreement No. 9642 (CCS) with T.Y.LIN International, in an amount not to exceed $850,000 to provide public outreach, conceptual design and environmental documentation services for the Pier Bridge Replacement Project, was approved. GRAFFITTI REMOVAL 34: Award Bid for Graffiti Removal and Painting Services at the AND PAINT SERVICES Pier - recommendation to award Bid No. 4003 to Pal-rot Painting, in an amount not to exceed $40,000 for graffiti removal and painting services at the Santa Monica Pier for FY 2012 -13, with two one -year renewal options with a not to exceed amount of $130,000 over a three-year period, was approved. 3 September 11, 2012 PIER DECK BOARD 3 -K: Award Bid for Pier Deck Board Replacement and Nail Patrol REPLACEMENT Services at the Pier — recommendation to award Bid No. 4004 to John S. Meek Company for an amount not to exceed $68,400 for deck board replacement and monthly nail patrol services at the Santa Monica Pier for FY 2012 -13, with two one -year renewal options for a total amount of $238,400 for a three -year period, was approved. CHRISTMAS TREE LOT 3 -L: Short -term Lease of City -owned Property for Christmas Tree Lot — recommendation to authorize the City Manager to negotiate and execute License Agreement No. 9643 (CCS) with Chauvet Tree Farms, Inc., in the amount of $10,004, for the short -term use of property located at 12040 — 12048 Wilshire Boulevard, with up to four (4) additional ninety (90) day extensions during the 2013 -2016 Christmas seasons for up to a total of five (5) Christmas seasons, was approved. ELECTRICAL AND 3 -M: Award Bid for the Purchase of Electrical and Street Lighting STREET LIGHTING Supplies- recommendation to award Bid No. 4002 to One Source Distributors, in au amount not to exceed $300,000 for the purchase of electrical and street lighting supplies for FY 2012 -2013, with two one -year options to renew for a total amount of $950,000 over a three -year period, was approved. CHARNOCK WELL 3 -N: Modification for Operations, Maintenance and Management MAINTENANCE & Services for the Charnock Well Field — recommendation to authorize the OPERATION SERVICES City Manager to negotiate and execute a first modification to Contract No. 9239 (CCS) with Siemens Water Technologies Corporation, in the amount of $556,048 to provide operations, maintenance, and management services for the Charnock Well Field, resulting in a new four year contract for a total amount of $1,112,096, was approved. HOUSING FRAUD 3 -0: Modification for Fraud Investigation Services for HUD- funded INVESTIGATION Housing Programs — recommendation to authorize the City Manager to SERVICES negotiate and execute a modification to the Professional Services Agreement No. 9164 (CCS) with Program Compliance Solutions, in the amount of $50,000 to continue providing fraud investigation services for the Housing Division for a new total contract amount not to exceed $268,400, was approved. UNIVERSALLY 3 -P: Universally Accessible Playground Construction Contract— ACCESSIBLE recommendation to authorize the City Manager to negotiate and execute PLAYGROUND Contract No. 9644 (CCS) with Micon Construction, Inc. in an amount not to exceed $998,481 for construction of the Universally Accessible Playground Project; and approve changes, was approved. CANCEL MEETING 3 -Q: Cancellation of September 25, 2012 Regular City Council Meeting, was approved. 4 September 11, 2012 EXPO MAINTENANCE 3 -A: Expo Maintenance Yard Buffer Park Design Contract — YARD BUFFER DESIGN recommendation to authorize the City Manager to negotiate and execute Contract No. 9639 (CCS) with Mia Lehrer and Associates, in an amount not to exceed $297,978 to provide full design services for a new 2.35 -acre neighborhood open space /park adjacent to the Expo Maintenance Yard, was presented. Councilmember McKeown removed this item to question staff regarding the role that the public, and especially residents who live near the park, had in the design process. Staff provided additional information that there were two community meetings held to identify uses, and that the public will continue to be involved in the process. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None CORPORATION YARD 3 -C: Corporation Yard Master Plan Contract Modification — MASTER PLAN recommendation to: authorize the City Manager to negotiate and execute a third modification to Professional Services Agreement No. 9129 (CCS) with RNL Interplan, Inc. in the amount of $34,314 to provide additional scope of work to complete the Corporation Yard Master Plan, resulting in a new total contract amount of $343,340; and authorize budget changes, was presented. Councilmember McKeown pulled this item to ask staff for clarification regarding conflicting statements in the staff report. Staff provided additional information and answered questions. Motion by Councilmember McKeown, seconded by ayor Pro Tem Davis, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None HOUSING LOAN 3 -F: Housing Trust Fund Loan Forgiveness and Extension — FORGIVENESS AND recommendation to authorize the City Manager to forgive an existing loan EXTENSION to the Mountain View Mobile Inn Residents Association in the amount of $124,977 for 1930 Stewart Street; and authorize to execute a loan term extension until December 2014 for an existing acquisition and predevelopment loan to Community Corporation of Santa Monica, in the 5 September 11, 2012 amount of $1,161,185 for 1342 Berkeley Street, was presented. Councilmember Shriver pulled this item to obtain additional information about the item. Staff provided additional information and answered questions. Motion by Councilmember Shriver, seconded by Mayor Pro Tern Davis, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: None PARKING IN -LIEU FEE 4 -A: Downtown Parking In -Lieu Fee Program Study Session — PROGRAM recommendation that Council review and provide direction on issues relating to the modifications to the Downtown Parking In -Lieu Fee Program, including direction on the policy issues and trade -offs identified in the report, was presented. Members of the public Debbie Lee, Chris Harding, and Jerry Rubin commented and shared suggestions on the recommendation. Discussion ensued on the information presented including, but not limited to: getting a better handle on managing parking; creating an inventory of parking and the in -lieu fee can pay for the needed parking /valet system; allow flexibility during the approval process; improve way - finding and signage in the Downtown area; go after more public /private partnerships to create parking; suggesting that the 40% in -lieu recommendation is conservative and recommended going after at least 60 %; using the in -lieu fee to provide funding for maintenance to parking structures; reviewing each project site by site, with no set formula allowing for flexibility; create other bike stations on the other side of the Downtown area; and, making sure the amounts of recommnended parking are accurate, so that in the next decades the promise of parking being available can be delivered. On order of the Mayor, this item was received and filed. ORDINANCES: 7 -A: Introduction and first reading of an ordinance adopting 1548 6TU STREET Development Agreement I IDEV -012 to convert 3,038 square feet of non- usable space into four residential units within an existing mix -use market rate rental housing building at 1548 60' Street, was presented. Member of the public Denise Barton spoke in opposition of the recommendation. 6 September 11, 2012 Applicant representative Dave Rand spoke in support of the Development Agreement. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to introduce the ordinance for first reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Couneilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None OFF -STREE FOOD 7 -B: Introduction and First Reading of an Ordinance to Permit Off - TRUCKS Street Food Truck Venues in the CM Main Street Commercial District and Adjacent A Off- Street Parking Overlay Districts and the C4 Highway Commercial District by Performance Standards Permit, was presented. Members of the public Tobi Smith, Mike Snow, Kay Pattison, Garrett Gerson, Garner Gerson, and Heidi Granner spoke in support of the recommendation. Members of the public Ellen Harman, Joe Popersky, Gary Gordan, Ron Schur, and Jerry Rubin spoke in opposition or suggested more study is needed before moving forward on this matter. Motion by Mayor Pro Tem Davis, seconded by Councilmember McKeown, to send this back to staff to have staff consider the following: Is there some sort of interim permit that is currently not on the books, that would be more permanent than a temporary use permit, but not as long as the permit being recommended. In the interim have things continue to operate under the temporary use permit as they currently have; and, to conduct an economical study to determine the effect on businesses and the city as a whole. Discussion ensued on the merits of the motion with the suggestions to staff: an intermediate permit for two years with one additional renewal by staff before the permit comes to Council; including a balance of the resident and business communities input on this matter; to work cooperatively with the merchants on issues of sustainability, and to make sure that the appropriate taxes are being collected. On order of the Mayor, the motion was approved by voice vote, with all members present. AFFORDABLE HOUSING 7 -C: Introduction and First Reading of an Ordinance that would BASE FEE eliminate the existing discount to the Affordable Housing Unit Base Fee, currently 50 percent in industrial/commercial zones and 25 percent in residential zones which is available under specified 7 September 11, 2012 circumstances; and adopt Resolution No. 10705 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING TIHE AFFORDABLE HOUSING UNIT BASE FEE FOR NEW MARKET -RATE MULTIFAMILY DEVELOPMENT PURSUANT TO SANTA MONICA MUNICIPAL CODE SECTION 9.56.070(b) BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS," and adopt Resolution No. 10706 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING THE AFFORDABLE HOUSING UNIT DEVELOPMENT COST PURSUANT TO SANTA MONICA MUNICIPAL CODE SECTION 9.56.070(c) BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS ", was presented. Member of the public Denise Barton commented on this matter. Motion by Councilmember Sluiver, seconded by Councilmember McKeown, to introduce the ordinance 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 Pro Tern Davis, Mayor Bloom NOES: None ABSENT: None Motion by Councilmember Shriver, seconded by Councilmember O'Connor, to adopt Resolution No. 10705 (CCS) to implement the annual automatic adjustment to the Affordable Housing Unit Base Fee for new market -rate apartments and condominiums, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: None Motion by Councilmember McKeown, seconded by Councilmember O'Day, to adopt Resolution No. 10706 (CCS) to implement the annual automatic adjustment to the Affordable Housing Unit Development Cost, 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 Pro Tern Davis, Mayor Bloom NOES: None ABSENT: None 8 September 11, 2012 STAFF ITEMS: 8 -A: Disposition of City -owned Property at 1920 Ocean Way — 1920 OCEAN WAY recommendation to authorize the City Manager to execute Purchase and Sale Agreement No. 9645 (CCS) to sell the City -owned property at 1920 Ocean way to the Edward Thomas Hospitality Companies for the purchase price of $13,150,000; and authorize budget changes, was presented. Members of the public Ellen Hannan, Michael Feinstein, and Tom Larmore commented on the recommendation. Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to approve the recommendation. The motion was approved by the following vote: AYES: Couneilmernber McKeown, O'Day, Holbrook, O'Connor, Mayor Pro Tem Davis, Mayor Bloom NOES: Councilmember Shriver ABSENT: None WATER MAIN 8 -B: Water Main Betterment Components on Colorado Avenue — BETTERMENTS authorize the City Manager to negotiate and execute Agreement No. 9646 (CCS) with the Exposition Metro Line Construction Authority in an amount not to exceed $2,300,000 to perform final engineering services and Councfbneinber O'Day was construction of water main betterments on Colorado Avenue; and authorize excused at 10:09 p.m. budget changes, including appropriations, was presented. There was no one present for public comment. Motion by Councilmember O'Connor, seconded by Mayor Pro Tern Davis, to approve the reconnnendation. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember O'Day COUNCIL ITEMS: 13 -A: Request of Council member Bobby Shriver that City Council SANTA MONICA AS A support designation of Santa Monica as a ONE City to advocate for an ONE CITY end to poverty and preventable disease such as HIV /AIDS, particularly in Africa, by raising public awareness and working with elected officials to support smart, effective life- saving policies and programs. Santa Monica would join 150 U.S. cities including the California cities of Los Angeles, San Francisco, Redlands, San Jose, and Davis. A proclamation would be issued. Any specific policy support would conform to Council approved direction, was withdrawn and continued to October 2, 2012 meeting. 9 September 11, 2012 ZONING CODE 13 -B: Request of Mayor Pro Tem Davis and Councilmember POLICIES McKeown that the Council direct staff to assist the Planning Commission in reviewing appropriate employee -per- square -foot ratios Councilmember O'Day for commercial projects, and return to Council with an update to returned at 10:22 p. m. inform calculations on parking, traffic, and other Development Agreement and zoning code policy decisions, was presented. Member of the public Valerie Griffin spoke in support of the recommendation. Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to approve the recommendation. The motion was unanimously approved by voice vote with all members present. ADVERTISING ON THE 13 -C: Request by Mayor Bloom that the City Council direct staff to BIG BLUE BUS review Big Blue Bus policies regarding advertising on its vehicles in light of current law, in particular, the First Amendment to the United States Constitution, and return to Council with information, alternatives and recommendations. Request is also made that the City Council direct that staff, to the extent practical, maintain the status quo that existed prior to recent actions taken with respect to advertisers. This may include, among other things, directing staff to adopt an interim policy permitting commercial and non - commercial advertising on Big Blue Bus vehicles. Members of the public Jerry Rubin, Samantha Granberry, Philip Curtis, Jeff Goodman, John Duran, Craig Miller, and Catherine Eldridge spoke in support of the recommendation. Discussion ensued and questions were asked of staff regarding the First Amendment legal issues that could arise as a result of allowing non - profit organizations to advertise on the side of the Big Blue Bus. The City Attorney provided legal advice on the impacts of not enforcing the current policy. Councilmember McKeown, seconded by Mayor Bloom, to direct staff to review Big Blue Bus policies regarding advertising on its vehicles in light of current law, in particular, the First Amendment to the United States Constitution, and return to Council with information, alternatives and recommendations. The motion was unanimously approved by voice vote, with all members present. Discussion ensued on the merit of the second recommendation which included but not limited to: what should be done in the interim until staff returns with an evaluation of policies; and, what are the legal risk involved if the Administration continues to not enforce the policy and allow both commercial and non - commercial advertising on the Big Blue Bus. 10 September 11, 2012 Motion by Mayor Pro Tern Davis, seconded by Manor Bloom, to direct staff to adopt an interim policy permitting both commercial and non- commercial advertising on the Big Blue Bus vehicles until staff returns with a report to Council with an evaluation of policies. The motion failed by the following vote: AYES: Councilmembers O'Day, Mayor Pro Tem Davis, Mayor Bloom NOES: Councilmembers Shrivel, O'Connor, Holbrook, McKeown ABSENT: None PUBLIC INPUT: Members of the public Denise Barton and Diane Dykema commented on Councibnember Shriner n,as various local issues. excused at 11:27 p. m. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 11:33 p.m., with Councilmember Shrivel, absent. ATTEST: APPROVED: &Mtil j 0 OU AMLA_ (Auff tq Denise Anderson - Warren Richard Bloom I Assistant City Clerk Mayor �PA 11 September 11, 2012