CITY OF SANTA MONICA

 

REGULAR CITY COUNCIL MEETING AGENDA

 

CITY HALL COUNCIL CHAMBERS - 1685 MAIN STREET

 

TUESDAY, AUGUST 11, 2009

 

 

MEETING BEGINS AT 5:45 P.M.

 

 

 

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

 

(Please note that Agenda Items may be reordered during the Council meeting at the discretion of the City Council.)

 

1.  CONSENT CALENDAR:  (All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)

 

1-A:     Approval of minutes of the July 28, 2009, City Council meeting.

 

            MINUTES

 

1-B:     Community Sustainability Liaison – recommendation to authorize the City Manager to negotiate and execute an agreement with Community partners, in the amount of $87,500, for the Community Sustainability Liaison.

 

            STAFF REPORT

 

1-C:     Recommendation to cancel the regular August 25, 2009, City Council meeting due to a lack of a quorum.

 

            STAFF REPORT

 

1-D:     Interior design for the BBB Operations Building – recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8956 (CCS) with Harley Ellis Devereaux Corporation, in the amount of $145,530 for a total of $410,879, for design services for the building at 1660 7th Street.

 

            STAFF REPORT

 

1-E:     Street resurfacing project – recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 9054 (CCS) with Silvia Construction, in the amount of $70,818 for a total of $685,555, for the federally-funded project.

 

            STAFF REPORT

 

1-F:     Measure V Priority Projects – recommendation to authorize the City Manager to negotiate and execute an amendment to existing contract with Black & Veatch, in the amount of $153,000 for a total of $503,000, to provide additional concept studies and expenditure analysis for Measure V priority projects; and appropriate $153,000 as proposed.

 

            STAFF REPORT

 

1-G:     Pier Restoration Corporation (PRC) work plan and budget – recommendation to approve the PRC’s Fiscal Year End 2010 budget and work plan.

 

            STAFF REPORT

 

1-H:     Grant funding to offset vehicle replacement costs – recommendation to authorize the City Manager to negotiate and execute a contract with Mobile Source Air Pollution Reduction Review Committee Alternative Fuels Local Government Match Program of the South Coast Air Quality Management District to obtain funds to offset vehicle replacement costs.

 

            STAFF REPORT

 

1-I:       Maintenance of City’s Human Resource and Payroll System – recommendation to approve a sole source purchase order with Oracle USA, Inc. for the purchase of software maintenance and support services for a total amount not to exceed $578,695 over the next four years.

 

            STAFF REPORT

 

1-J:      Tax-Exempt Bonds for Three Affordable Housing Developments – recommendation to adopt resolution approving the issuance by the California Statewide Communities Development Authority of Multifamily Housing Revenue Bonds to assist in the financing of three mixed-use developments at Lincoln Walk Apartments, Quonset Court Apartments, and Modena, Tuscany and Spoleto Apartments, that will be affordable to low- and moderate-income households.

 

            STAFF REPORT

 

1-K:     Big Blue Bus Washington Representative/Lobbying Services - recommendation to authorize the City Manager to negotiate and execute a professional services agreement with The Ferguson Group, LLC, in an amount not to exceed $35,000, for Federal representative and lobbying services as part of the Municipal Transit Operators Coalition.

 

            STAFF REPORT

 

1-L:     Recommendation to support Senate Bill 546 (Lowenthal) Waste Oil Re-Refined Oil and direct staff to take appropriate actions.

 

            STAFF REPORT

 

1-M:    Recovery Act Justice Assistance Grant MOU – recommendation to authorize the City Manager to execute a Memorandum of Understanding with the City of Los Angeles, which will allow the City of Santa Monica to accept grant funding from the Department of Justice for the amount of $248, 354.25.

 

            STAFF REPORT

 

1-N:     Purchase of Outdoor Furniture – recommendation that Council increase the existing purchase order with JANUS et Cie by $6600 for a new total amount of $163,759 for furniture for Beach House pool area at the Annenberg Community Beach House.

 

            STAFF REPORT

 

1-O:     Purchase of Biodiesel Fuel – recommendation to approve an extension of the current purchase order issued to General Petroleum, in the amount of $1,240,000, for the Big Blue Bus and Community Maintenance Departments, for the purchase of biodiesel fuel blend mixtures that are in full compliance with current requirements and regulations through November 30, 2009 or until award of formal bid.

 

            STAFF REPORT

 

1-P:     Contract for Circulation Study – recommendation to authorize the City Manager to negotiate and execute a contract with Fehr & Peers, in the amount of $89,100, to analyze proposed circulation alternatives to accommodate the light rail transit station at Colorado Avenue and 4th Street.

 

            STAFF REPORT

 

2.   CLOSED SESSIONS:

 

2-A:     Conference with Legal Counsel – Existing Litigation: Chubna et al. v. City of Santa Monica, USDC, Case No. CV09-5046 CBM (Ex).

 

2-B:     Conference with real property negotiator (Govt. Code section 54956.8):

Property:                              (3 parcels seaward of the 1921 Mean High Tide Line and adjacent to 850 Palisades Beach Road

City negotiator:                   Andy Agle

Negotiating parties:           City and Jonathan Club

Under negotiation:            Lease pricing and terms

 

2-C:     Anticipated Litigation: Initiation of Litigation pursuant to Section 54956.9c (California Regional Water Quality Control Board, Clean Up and Abatement Order No. R4-2008-0034, Former Gillette Paper Mate facility, 1681 26th Street, Santa Monica, Ca.)

 

2-D:     Conference with Legal Counsel – Existing Litigation:  In the Matter of Compliance with Federal Obligations by the City of Santa Monica, California, FAA Docket No. 16-02-08

 

2-E:     Conference with Legal Counsel – Existing Litigation: United States of America and Peters v. City of Santa Monica, USDC, Case No. CV08-02695 CW(Ex)   

2-F:     Conference with Legal Counsel – Existing Litigation:  Brogger, et al. v. City of Santa Monica, LASC Case No. BC378071.

 

2-G:     Conference with Legal Counsel – Existing Litigation: Powell v. City of Santa Monica, Los Angeles Superior Court Case No. SC 098205

 

2-H:     Public Employee Evaluations.

            Title of Employee:  City Manager

 

The following is the order of business for items to be heard no earlier than 6:45 p.m., or as soon thereafter when Council returns from Closed Session. 

 

INSPIRATION:

 

3.  STUDY SESSION:

 

3-A:     State of California, Department of Transportation (Caltrans) Projects - recommendation that City Council review and provide comments on: the proposed revisions to the project scope of work and schedule for the California Incline Project; the status of the Palisades Bluffs Project; and the proposed relinquishment of Lincoln Boulevard from the Santa Monica Freeway to the Southerly City Limits. 

 

            STAFF REPORT

            POWERPOINT PRESENTATION – Given during the August 11, 2009 meeting

 

7.  ORDINANCES:  (Public comment is permitted on ordinances for introduction and first reading.  No public discussion is permitted on ordinances for second reading and adoption.)

 

7-A:     Introduction and adoption of an ordinance of the City of Santa Monica setting the 2009/2010 tax rate for the Library General Obligation Bonds.

 

            STAFF REPORT

 

7-B:     Introduction and first reading of an ordinance establishing speed limits pursuant to Engineering and Traffic Survey and the California Vehicle Code, and amending the Municipal Code.

 

            STAFF REPORT

 

8. STAFF ADMINISTRATIVE ITEMS:

 

8-A:     Exposition Light Rail Phase 2 Maintenance Facility Update – Exposition Construction Authority Consideration of Verizon Site and Exploration of Possible New Hybrid Site within the City of Santa Monica – recommendation to: 1) authorize the City manager to work with the Exposition Construction Authority (Expo) to further explore a new hybrid site consisting of the Verizon property, the Santa Monica College parking lot and a portion of the City Yard for the maintenance facility; 2) request Expo to continue working with the City and community to ensure that any environmental impacts associated with the new hybrid Verizon site are fully mitigated; 3) direct staff to work with Expo and other agencies on layout and financial issues associated with the newly proposed alternative; 4) direct City staff to analyze option and work with Expo to meet applicable relocation needs and the exploration of joint use and/or co-location of facilities; 5) direct staff to work with Santa Monica College on the identification and acquisition of a parcel(s) acceptable to them that will at a minimum make them whole; 6) direct staff to work with Expo to minimize the visual and environmental impacts of the maintenance facility and enhance its aesthetic interface with the community; and, 7) direct staff to work with Expo to develop any necessary agreements regarding the co-location/joint use of the City Yard site if the new hybrid site is recommended and adjust the final budget for the Expo Phase 2 project as appropriate.

 

            STAFF REPORT

            POWERPOINT PRESENTATIONGiven during the August 11, 2009 meeting

            POWERPOINT PRESENTATION (Maxima Group)Given during the August 11, 2009 meeting

 

8-B:     Future use of beach property leased by Jonathan Club and Supplemental Reports – recommendation to determine whether, in accordance with the permit and lease (Permit for Improvements and Lease Option Agreement by and between State of California, City of Santa Monica and Jonathan Club) executed in 1984, between the State of California, City of Santa Monica and Jonathan Club, there has been a material change in the need for public use of the three beach parcels leased to the Jonathan Club for private use; authorize and direct staff to take action consistent with the determination and the lease terms. (Continued from July 28, 2009)

 

            SUPPLEMENTAL STAFF REPORT

            SUPPLEMENTAL STAFF REPORT

            STAFF REPORT

 

8-C:     Council Travel Policy – recommendation to consider suggested revisions to existing Policy and direct staff to return with a resolution approving any necessary amendments. (Continued from July 28, 2009)

 

            STAFF REPORT

 

9.  PUBLIC HEARINGS:

 


9-A:     Public Hearing and Adoption of a Resolution Finding the City to be in Compliance with the Congestion Management Program – recommendation to hold a public hearing, receive public comment, and adopt a resolution stating that the City is in compliance with the 2004 Los Angeles County Congestion Management Program (CMP), including adoption of the annual Local Development Report. 

 

            STAFF REPORT

 

12.  WRITTEN COMMUNICATIONS:

 

12-A:   Request of Andrea Curl that the Council review the no touching ordinance for vendors in the City of Santa Monica to allow for free 1 minute chair massages by a licensed and insured masseuse on the Third Street Promenade.

 

13.  COUNCILMEMBER DISCUSSION ITEMS:

 

13-A:   Annual Appointments to Boards and Commissions. (Continued from June 23, 2009)

 

Board/Commission

No. of Appts.

Terms Ending

Accessibility Appeals Board

2

06/30/2013

Commission for the Senior Community

2

06/30/2013

Convention & Visitors Bureau

2

06/30/2013

Disabilities Commission

1

06/30/2013

Personnel Board

1

06/30/2014

Recreation and Parks Commission

1

06/30/2013

Social Services Commission

2

06/30/2013

 

13-B:   Appointment to one unscheduled vacancy to the Pier Restoration Corporation for a term ending on November 10, 2009:  (Continued from June 23, 2009)

 

13-C:  Appointment to one unscheduled vacancy on the Arts Commission for a term ending on June 30, 2011.

 


13-D:  Request of Mayor Genser that Council approve funds for travel to the Mayor’s Ocean Summit to be held August 28, 2009, in Watsonville, California.

 

13-E:   Request of Mayor Genser that the City Council waive customary fees for use of Council Chambers to allow the California Energy Commission to conduct a staff workshop on natural gas and propane on Friday, September 18, 2009, from 9:00 a.m. to 4:00 p.m.

 

13-F:   Recommendation to accept Terry O’Day’s resignation from the Planning Commission and authorize the City Clerk to publish the vacancy.

 

14.  PUBLIC INPUT:  (Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City.  State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)

 

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available at the City Clerk's Counter located at City Hall, 1685 Main Street, Santa Monica, and at the City’s public libraries during normal business hours.  Documents are also available at http://www.smgov.net/cityclerk/council/agendas.

 

For a free subscription to City Council Agendas sign up at http://www.smgov.net/win or call the City Clerk’s Office at (310) 458-8211.

 

Any member of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA  90401.  Comments may also be e-mailed to:  clerk@smgov.net

 

ADJOURNMENT.

 

City Hall and the Council Chamber is wheelchair accessible.  If you require any special disability related accommodations (i.e. sign language interpreting, access to an amplified sound system, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917-6626 at least 3 days prior to the scheduled meeting.  This agenda is available in alternate format upon request by calling the City Clerk’s Office.