CITY OF SANTA MONICA

 

REGULAR CITY COUNCIL MEETING AGENDA

 

CITY HALL COUNCIL CHAMBERS - 1685 MAIN STREET

 

TUESDAY, SEPTEMBER 8, 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 August 11, 2009, City Council meeting.

 

            MINUTES

 

1-B:     Sustainable Works Community and Business Greening Program – recommendation to authorize the City Manager to negotiate and execute a professional services agreement with Community Partners, in an amount not to exceed $245,500, for fiscal management and implementation of the Sustainable Works programs.

 

            STAFF REPORT

 

1-C:     Solar Santa Monica Program development and implementation services - recommendation to authorize the City Manager to negotiate and execute an agreement with EcoMotion, in the amount of $250,000, to provide project development and implementation services to the Solar Santa Monica program.

 

            STAFF REPORT

 

1-D:     Detroit Diesel Engine overhaul services on transit buses – recommendation to award Bid No. 2977 to Ironman Renewal and Harbor Diesel and Equipment, in the amount of $400,000 to provide engine overhaul services on transit coaches powered by Detroit Diesel Series 50 engines for a one-year period with three additional one-year renewal options.

 

            STAFF REPORT


1-E:     Natural gas and diesel engine overhaul services on transit buses – recommendation to award Bid No. 2978 to Cummins Cal Pacific and Ironman Renewal, in the amount of $200,000, to provide engine overhaul services on transit coaches for a one-year period with three additional one-year renewal options.

           

            STAFF REPORT

 

1-F:     Acceptance Light Emitting Diode (LED) Lighting Fixtures – recommendation to accept 420 LED lighting fixtures, at no cost, from Jenn Feng Industrial Co., Ltd., and to authorize participation in the Municipal LED Lighting Project.

 

            STAFF REPORT

 

1-G:     Street Resurfacing Citywide Project Contracts – recommendation to authorize the City Manager to negotiate and execute a construction contract with All American Asphalt, in the amount of $1,890,980; a construction contract management agreement with Tetra Tech, in the amount of $189,065; and to authorize proposed budget changes.

 

            STAFF REPORT

 

1-H:     Real Estate Advisory Services – recommendation to authorize the City Manager to negotiate and execute an amendment to existing agreement with Allan D. Kotin & Associates, in an amount not to exceed $50,000, for a new total of $120,000, for real estate economic and financial advisory services related to the City’s property acquisition and leasing activities.

 

            STAFF REPORT

 

1-I:       Seasonal Ice Skating Rink - recommendation to authorize the City Manager to negotiate and execute a License Agreement with the Bayside District Corporation for use of City-owned property at 1324 and 1326 5th Street for a seasonal ice skating program from 10/1/09 through 02/15/10.

 

            STAFF REPORT

 

1-J:      Adoption of resolution automatically adjusting the affordable housing unit base fee for new market-rate multifamily development pursuant to the Municipal Code Section 9.56.070(b) based on changes in construction costs and land costs.

 

            STAFF REPORT

 

1-K:     Adoption of resolution automatically adjusting the affordable housing unit development cost pursuant to the Municipal Code Section 9.56.070(c) based on changes in construction costs and land costs.

 

            STAFF REPORT

 

1-L:     Water Shortage Response Plan Amendment – recommendation to adopt a resolution amending the City’s Water Shortage Response Plan to remove the section restricting the filling of pools and spas.

 

            STAFF REPORT

 

1-M:    Administrative Citation Fine Schedule update – recommendation to adopt a resolution setting forth the administrative citation schedule of fines for certain violations of the Municipal Code effective November 1, 2009.

 

            STAFF REPORT

 

1-N:     Sewer System Management Plan – recommendation to approve a Sewer System Management Plan outlining goals, schedule, and organizational structure for compliance with newly enacted Statewide General Waste Discharge requirements issued by the State Water Resources Control Board.

 

            STAFF REPORT

 

1-O:     Approval of Statement of Official Action taken denying appeal of the Landmarks Commission decision related to 236 Adelaide Drive.

 

            STAFF REPORT

 

1-P:     Approval of Statement of Official Action upholding appeal and reversing the decision of the Landmarks Commission to designate the property at 301 Ocean Avenue as a City Landmark.

 

            STAFF REPORT

 

1-Q:     Adoption of a resolution of the City Council of the City of Santa Monica to enter into a first amendment to extend the existing lease of three parcels on the beach to the Jonathan Club.

 

            STAFF REPORT

 

1-R:     Palisades Bluffs stabilization project – recommendation to authorize the City Manager to negotiate and execute a contract with Jensen Drilling Company, in the amount of $1,775,200 for drilling services; and a contract with Vanir Construction Management, in the amount of $398,330, for construction management services.

 

            STAFF REPORT

 

 2.   CLOSED SESSIONS:

 

2-A:     Conference with Real Property Negotiators

            Property:                              402 Colorado

            City Negotiator:                  Andy Agle, Dir., Housing & Economic Development

            Under Negotiation:                        Lease Terms

            Owner of Record/Lessee:            City of Santa Monica/Sears Holding Company

 

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

 

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: Crow v. City of Santa Monica and Alfredo Maldonado, LASC Case No. SC 095931.

 

2-G:     Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b)(1): two cases.

 

2-H:     Conference with Legal Counsel – Existing Litigation: Lamle v. City of Santa Monica, et al., USDC, Case No. CV 04-06355 HGK (SHx).

 

2-I:       Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1): Claim by City of Los Angeles Moss Avenue Coastal Interceptor Sewer System Payments.

 

2-J:      Conference with Legal Counsel – Existing Litigation: Brogger et al. v. City of Santa Monica, Los Angeles County Superior Court Case No. BC378071.

 

2-K:     Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1): Jesse Whittaker – Claim Number – 08-6340.

 

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:  Presentation - Santa Monica Sister City Association's International Soccer Tournament Committee.

 

6.  ADMINISTRATIVE PROCEEDINGS:

 

6-A:     Appeal of Landmarks Commission designation of the Commercial Building located at 3030-3060 Nebraska Avenue as a City Landmark- recommendation to deny the appeal and designate the property located at 3030-3060 Nebraska Avenue as a City Landmark based on revised findings.  Appellant:  NMS Property

 

            STAFF REPORT

 

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:     Second reading and adoption of an ordinance establishing speed limits pursuant to engineering and traffic survey and the California Vehicle Code, and amending the Santa Monica Municipal Code.  (Ordinance introduced August 11, 2009.)

 

            STAFF REPORT

 

7-B:     Introduction and first reading of an interim ordinance to modify property development standards in the OP-4 Ocean Park Multiple Residential District relating to sideyard setback and open space requirements.

 

            STAFF REPORT

 

8. STAFF ADMINISTRATIVE ITEMS:

 

8-A:     Update to the Downtown Parking Program – recommendation to authorize staff to return with actions necessary to implement the recommendations of the Walker Parking Study, including: 1) Adjust parking rates for on-street parking meters and off-street parking  structures within Downtown Santa Monica;2) Develop program guidelines for a centralized valet system and public access to private parking facilities; 3) Develop a program to encourage increased use of alternative transportation by Downtown employees; 4) Develop a financing plan for the first stage of implementation of the Downtown Parking Program; 5) Develop a financing plan for future stages of implementation of the Downtown Parking Program, including adjusting the Parking In-Lieu Fee; and 6) Enhance downtown parking operations, including appropriate staffing following implementation of parking rate adjustments

 

            STAFF REPORT

            POWERPOINT PRESENTATION (Given during the September 8, 2009 meeting)

 

8-B:     Cinema Development at 1320 Fourth Street – recommendation to authorize the City Manager to enter into exclusive negotiations with Metropolitan Pacific Capital Inc. in partnership with AMC Entertainment Inc. to develop and operate a multiplex cinema on the site of Parking Structure No. 3 located at 1320 Fourth Street; and to provide conceptual direction that public parking should not be planned as part of the project.

 

            STAFF REPORT

 

13.  COUNCILMEMBER DISCUSSION ITEMS:

 

13-A:   Annual Appointments to Boards and Commissions. (Continued from August 11, 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 August 11, 2009)

 

13-C:  Appointment to one unscheduled vacancy on the Arts Commission for a term ending on June 30, 2011. (Continued from August 11, 2009)

 

13-D:  Request of Mayor pro tem O'Connor and Councilmembers Bloom and McKeown that the Council affirm its support for the Local Government Commission Ahwahnee Principles for Resource-Efficient Communities, Economic Development, and Water; and that the Council further authorize its representative on the Westside Cities Council of Governments to vote for the adoption by that body of these sets of Principles, as well as of the Ahwahnee Principles for Climate Change endorsed by the Santa Monica City Council on March 24, 2009.

 

            INFORMATION

 

13-E:   Recommendation to accept Michael Gutierrez’s resignation from the Housing Commission and authorize the City Clerk to publish the vacancy.

 

13-F:   Request of Councilmember McKeown that, pursuant to requests from the Planning Commission and the Recreation and Parks Commission, Council direct staff to review the City's Park and Recreation Facilities fees under Municipal Code section 6.80, the amount of which has not been adjusted in over 35 years, and return with recommendations for providing adequate parks revenue for anticipated needs under the new Land Use and Circulation Element.

 

            LETTER FROM PLANNING COMMISSION                              LETTER FROM RECREATION AND PARKS COMMISSION

 

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.