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M-100907CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 9, 2007 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50 p.m., on Tuesday, October 9, 2007, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Councilmember Ken Genser Councilmember Robert T. Holbrook Councilmember Kevin McKeown Absent: Councilmember Bobby Shriver Councilmember Pam O'Connor Mayor Pro Tem Herb Katz Also Present: City Manager P. LamontEwell City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:50 p.m., with Councilmembers Shriver, O'Connor, and Mayor Pro Tem Katz absent. Assistant City Attorney Joseph Lawrence led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Member of the public Joy Fullmer expressed various concerns. Randy Walburger and Ken Ward spoke in support of Item 1-D. At the request of the City Manager, Item 1- C was removed and continued to the next meeting due to a required five votes needed for approval and only four Councilmembers being present. Motion by Councilmember McKeown. seconded by Councilmember Holbrook, to approve all items on the Consent Calendar as presented, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: October 9; 2007 AYES: Councilmember McKeown, Genser, Holbrook, Mayor Bloom NOES: None ABSENT: Councilmembers O'Connor, Shriver, Mayor Pro Tem Katz MINUTES 1-A: The minutes of the September 11, and September 25, 2007, City Council meetings were approved. BEACH GREENING 1-B: Beach greening project - recommendation to authorize the City Manager to negotiate and execute Contract No. 8830 (CCS) with PCN3, Inc., in the amount of $535,552, for the Beach Greening Project, was approved. PAVEMENT 1-C: Updating Pavement Management System and appropriation MANAGEMENT of grant funds - recommendation to authorize the City Manager to negotiate and execute an agreement with KMS and Associates, Inc., in an amount of $120,000, for updating the Pavement Management System; and approve proposed appropriation of funds. Item withdrawn at City Manager's request and continued to October 23, 2007. MOUNTAINVIEW' 1-D: Reject bids for the Mountain View Mobilehome Park Utility MOBILE HOME PARK & Site Improvements Project and authorize negotiations - recommendation to authorize the City Manager to reject all bids received for the Project, waive formal bidding procedures, and authorize the City Engineer to negotiate with the two responsive bidders for the construction of the project, was approved. SIDEWALK REPAIR 1-E: Citywide Sidewalk Repair Project - recommendation to PROJECT authorize the City Manager to negotiate and execute: Contract No. 8831 (CCS) with CJ Concrete Construction, Inc., in the amount of $1,238,100, for construction of the project; and Agreement No. 8832 (CCS) with DMR TEAM, Inc., in the amount of $197,000, for construction management and inspection services, was approved. TAX AND AUDITING 1-F: Property and documentary transfer tax auditing, fiscal SERVICES consultant reports, tax information reporting services and other related services - recommendation to authorize the City Manager to negotiate and execute Agreement No. 8833 (CCS) with HdL Coren & Cone, in the amount of $465,000, to provide the City and the Redevelopment Agency with property and documentary transfer tax auditing services, fiscal consultant reports associated with bonds, tax 2 October 9, 2007 information reporting services and other related services, was approved. ICE SKATING RINK 1-G: Proposed use of property located at 1324 and 1326 5`" Street for seasonal ice skating event -recommendation to authorize the City Manager to negotiate and execute License Agreement No. 8834 (CCS) with the Bayside District Corporation for use of City-owned property at 1324 and 1326 5~' Street, for a seasonal ice skating event, was approved. CLOSED SESSIONS: Members of the public Tom Nitti, Andrea Drever, Freida Dubin, Michele Modglin, Dan Jansenson, Caroline Jacobs, Pro Se, Scott Smith, Kate Holt, Louise Steiner, Susan Hartley, Charles Fredricks, Joe Faris, Allison Freeman, Debra Fredricks, Hillary Kaye, Brian Hutchings, and Apryl Mefford Henaver spoke in opposition to the cutting down of city trees as related to Item 2-D. On order of the Mayor, the City Council recessed to consider closed sessions at 6:30 p.m., and returned at 7:37 p.m., with Councilmembers Shriver, O'Connor, and Mayor Pro Tem Katz absent, to report the following: 2-A: Public Employee Evaluations. Title of Employees: City Attorney, City Clerk, City Manager ACTION: Not Heard. 2-B: 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. ACTION: Heard. No reportable action taken. 2-C: Conference with Legal Council -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): one dispute involving real property at 219 Ocean Avenue. ACTION: Not Heazd. 2-D: Conference with Legal Counsel -Existing Litigation: Treesavers v. City of Santa Monica, Case No. (endin (filed: October 5, 2007). ACTION: Heard. No reportable action taken. October 9, 2007 2-E: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): including one matter involving the Village Trailer Park. ACTION: Heard. No reportable action taken. SPECIAL ITEMS: 4-A: Mayor Bloom issued a commendation to Little League California District 25 Girls Minor League "Angels" Softball Team - Tournament of Champions winners. ADMIN. ITEMS: 6-A: Appeal of Landmarks Commission's denial of reconstruction of brick work at 2402 4th Street -recommendation to deny appeal and uphold the Landmarks Commission's denial of certificate of appropriateness. On order of the Mayor and at the request of staff, this matter was continued to future meeting. ORDINANCES: 7-A: Second reading and adoption of an Ordinance No. 2239 TENANT HARASSMENT (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 4.56.020 RELATING TO TENANT HARASSMENT TO CONFIRM TO A RECENT DECISION OF THE CALIFORNIA SUPREME COURT," was presented. Motion by Councilmember McKeown, seconded by Councilmember Holbrook, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, McKeown, Mayor Bloom NOES: None ABSENT: Councilmembers Shriver, O'Connor, Mayor Pro Tem Katz RELOCATION 7-B: Second reading and adoption of an ordinance amending BENEFITS Municipal Code Sections 4.36.040 and 4.36.110 to clarify the Council's intent with respect to the timing of permanent relocation benefits increases. On order of the Mayor, this matter was continued to the next meeting due to Councilmember Genser's need to recuse himself due to a conflict of interest, and thereby leaving only three Councilmembers present and a 4 October 9, 2007 lack of a quorum. CIVIL SERVICE RULES 7-C: Introduction and first reading of an ordinance amending AND REGULATIONS Municipal Code Chapter 2.04 Manual of Civil Service Rules and Regulations, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Councilmember Holbrook, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, McKeown, Mayor Bloom NOES: None ABSENT: Councilmembers Shriver, O'Connor, Mayor Pro Tem Katz STAFF ITEMS: 8-A: Request for direction on implementation of runway safety AIRPORT RUNWAY enhancements at the Santa Monica Airport by preparing an SAFETY ordinance for Council consideration, seeking legislative changes and other means, was presented. Members of the public Russell Sydney, Lorraine Sanchez, Zina Josephs, Ping Ho, Brian Bland, Diane Moss, Yoram Tal, Susan Hartley, Peter Donald, Cathy Larson, William Sadler, Jim Donaldson, Jean Gebman, Gwen Rinehart, Martin Rubin, Susan Follet and M. Ross spoke in support of airport safety. Motion by Councihnember McKeown, seconded by Councilmember Genser, to direct staff to discuss the legislative aspect with the Airport Commission and then with the City Council, and to move forward with local legislation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Genser, Holbrook, Mayor Bloom NOES: None ABSENT: Councilmembers O'Connor, Shriver, Mayor Pro Tem Katz VILLAGE TRAILER 8-B: Discussion of Concept Plans for the Village Trailer Park site PARK at 2930 Colorado Avenue -recommendation to direct staff to pursue the Development Agreement negotiation and review process with the applicant to determine if an appropriate project that satisfies the removal October 9, 2007 requirements of City Charter ยง 1803(t) can be identified and approved upon execution of memorandum of understanding; and discuss the applicant's Development Agreement proposal and provide direction regarding its potential public benefits and appropriateness for the redevelopment of the Village Trailer Park site and the consideration of alternatives, was presented. Members of the public Joy Fullmer, Joan Verdon and David Engleberg expressed concerns regarding the proposed development of the site. On order of the Mayor, this matter was continued to a future meeting where there are more than four Councilmembers present. WRITTEN REQUESTS: 12-A: Request from Mona L. Kyle that Council approve the PRIVATE FIREWORKS issuance of a fireworks display permit for a private wedding EVENT REQUEST reception on November 3, 2007 to be held at the Jonathan Club, 850 Palisades Beach Road, Santa Monica, was presented. Motion by Mayor Bloom, seconded by Councilmember McKeown, to direct staff to return with information and recommendations about standards, including environmental impacts of fireworks display and return at the next meeting. Discussion ensued on the motion and its merits, and it was subsequently bifurcated into two parts: (a) staff to return in two weeks with recommendations on whether to allow this one-time requested event ,and (b) to draw up a more permanent policy and return to Council at a later date. The motion, as clarified, was unanimously approved by voice vote, with Councilmembers Shriver, O'Connor, and Mayor Pro Tem Katz absent. COUNCIL ITEMS: 13-A: Appointment to one unscheduled vacancy on the Pier UNSCHEDULED Restoration Corporation Board of Directors for a term ending VACANCY November 13, 2010. On order of the Mayor, and at the request of Councilmember Genser, this matter was continued to the next meeting. PLASTIC BAG BAN 13-B: Request of Councihnember McKeown, pursuant to communication received by Council from the City's Task Force on the Environment, to direct staff to perform an analysis and generate recommendations to develop an effective ban on plastic bags for commercial establishments in Santa Monica, was presented. 6 October 9, 2007 Member of the public Brian Hutchings spoke in opposition of the proposal. Member of the public Mark Gold spoke in support of the proposal. Motion by Councilmember McKeown, seconded b~Councilmember Genser, to approve recommendation including the use of all types of single use bags including paper bags. The motion was unanimously approved by voice vote, with Councilmembers O'Connor, Shriver, and Mayor Pro Tem Katz absent. ASSESSMENTS AND 13-C: Request of Councilmember Genser that the Council direct the IMPROVEMENT City Attorney to work with the Bayside District Corporation to DISTRICTS analyze existing laws applicable to assessment districts and business improvement districts, and to return with appropriate revisions to local law necessary for the implementation of proposed changes to the downtown assessment and improvement districts, at the time those revisions will be considered by the council, was presented. Member of the public Ned Landin discussed vazious aspects of the request. Motion by Councilmember Genser, seconded b~Mayor Bloom, to direct legal and management staff to work with the Bayside District in helping to clarify and formulate a policy and return to Council for consideration, as the Bayside District staff moves forward in presenting a proposal for revamping the business improvement districts and assessments in the downtown area. The motion was unanimously approved by voice vote with Councilmember O'Connor, Shriver, and Mayor Pro Tem Katz absent. PUBLIC INPUT Members of the public Pro Se, M. Ross Sheila Dean, Barbaza Bluck, Brian Hutchings, Ned Landin and Linda Piera-Avila discussed vazious topics. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 10:05 p.m. ,.___ ATTEST: APPR,O~VED: Maria M. Stewart ~ Richard Bloom City Clerk Mayor October 9, 2007