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M-10/11/2005 CITY OF SANTA MONICA CITY COUNCn.. MINUTES OCTOBER 11, 2005 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:50 p.m., on Tuesday, October 11, 2005, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Mayor Pro Tern Herb Katz Councilmember Richard Bloom Councilmember Ken Genser CounciImember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Bobby Shriver Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:50 p.m., with Councilmembers Shriver and Holbrook absent. Councilmember Genser 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. The following members of the public spoke in opposition to Item l-E: Richard DeAndrea, Pro Se, Joy Fullmer, Sarah Rifaat, Paul Borraccia, Martin Kelemen, Bernadette Scully, Jerry Rubin, John Levine, Clifford Stem, Michelle Bellin, Ellen Baker, Freida Dubin and Bruce Campbell. Council member Shriver arrived at 6:29 p.m. The following members of the public spoke in support ofltem l-E: Paul Rosenstein, Steve Tarzynski, David Nelson, Howard Pollick, Maritza Cabezas, Tim Collins and Louise Jaffe. The following members of the public spoke in opposition to Item I-C: David Hagen, Emily Levine, Puck Leeser, Lissy Jarvik, Carol Rehwald, Sunshine Sun, Paul Sczudlo, and John Joyce. --.1 1 October 11, 2005 Counci/member Holbrook arrived at 6:49 p.m. MINUTES 103519TIISTREET UTU - MOU PALSSU - MOU EEP - MOU Member of the public Joe Natoli discussed issues related to the minutes and to Item I-C. At the request of Mayor Pro Tern Katz, Items 1-8 and I-C were removed from the Consent Calendar. At the request of Council member Genser, Item I-E was removed from the Consent Calendar. Motion by Mayor Pro Tern Katz. seconded bv Councilmember Genser. to approve aU items on the Consent Calendar as presented except Items I-B, 1- C and I-E, reading resolutions by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: I-A: The minutes of the September 13,2005, City Council meeting were approved as submitted. 1-0: Resolution No. 10067 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING A FINAL SUBDIVISION TRACT MAP NO. 062160 TO SUBDIVIDE A PROPERTY FOR A 5- UNIT CONDOMINIUM PROJECT AT 1035 19TH STREET," was adopted. I-F: Resolution No. 10068 (CCS) entitled: A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE UNITED TRANSPORTATION UNION, LOCAL 1785," was adopted. I-G: Resolution No. 10069 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC ATTORNEY'S LEGAL SUPPORT STAFF UNION," was adopted. I-H: Resolution No. 10070 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE PAY PLAN," was adopted. _J 2 October 11, 2005 WATER MAIN REPLACEMENT YALE STREET IMPROVEMENT --' 1-8: Annual Water Main Replacement Project - recommendation to authorize the City Manager to negotiate and execute Contract No. 8515 (CCS) with Majich Brothers, in the amount of$3,546,895, for construction of the project; and Contract No.8316 (CCS) with Black & Veatch, in the amount of $395,000, for construction management and inspection services, was presented. Mayor Pro Tern Katz advised he removed this item from the Consent Calendar because he wanted to ask why the construction management and inspection services contract has a greater than 10% contingency. Staff answered questions of Mayor Pro Tern Katz. Motion by Mayor Pro Tern Katz. seconded by Councilmember Genser, to approve staff recommendation with the contingency not to exceed lOOAl. The motion was approved by the following vote: AYES: Councilmembers Genser, Shriver, Holbrook, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: l-C: Yale Street Improvement Project - recommendation to authorize the City Manager to negotiate and execute Contract No. 8517 (CCS) with RBF Consulting, in the amount of $90,000, to provide design services for the project, was presented. Mayor Pro Tern Katz advised he removed this item from the Consent Calendar because he had questions as to why there was a contingency for a design services contract, and questions to the potential traffic problems expressed by members of the public. Staff replied to questions from Mayor Pro Tern Katz and Councilmembers related to the contingency and to traffic impacts. Motion by Councilmember Genser. seconded by Councilmember McKeown, to approve staff recommendation, amended to delete the contingency on the contract. The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Holbrook, Genser, Mayor O'Connor Councilmember Shriver, Mayor Pro Tern Katz None NOES: ABSENT: 3 October 11, 2005 Motionby Councilmember McKeown. seconded by Councilmember Genser, to direct staff to prioritize data gathering in the adjacent streets to prepare for consideration of appropriate mitigations if the traffic from Yale Street does divert; and, provide for the possibility that these other streets, in order to deal with existing conditions, may wish to do the same thing that Yale has done. The motion was approved by voice vote with Mayor Pro Tern Katz voting in opposition. FLUORIDATION - WELL l-E: Fluoridation contract (or Santa Monica Well #1 - NO. 1 recommendation to authorize the City Manager to negotiate and execute Contract No. 8518 (CCS) to Pascal and Ludwig Constructors, in the amount of$423,869, for the construction of the Santa Monica Well No.1 Fluoridation Project, was presented. REQUEST TO CONSOLIDATE ITEMS CI,OSED SESSIONS: Council member Genser advised that he removed this item from the Consent Calendar to ask questions regarding the present and future costs of the project, the probabilities of obtaining grants for future funding of other City wells, and future cost to the City. Staff replied to questions from Councilmembers and provided infonnation related to costs and grant funds available for Well No.1, and costs and funding needed in the future for the rest of the wells in the City. Motion by Councihnember Bloom. seconded by Councilmember Holbrook. to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Shriver, Mayor Pro Tern Katz, Mayor O'Connor Councilmembers Genser, McKeown None NOES: ABSENT: Councilmember Genser. seconded by Councilmember McKeown, to hear Items 7-A And 13-A concurrently, after return from closed sessions. The motion was unanimously approved by voice vote, with all members present. On order of the Mayor, the City Council recessed at 7:34 p.m., to discuss closed sessions and returned at 8:38 p.m. with all members present. Action taken on closed sessions was reported at the end of the meeting. 4 October 11, 2005 ~ SPECIAL ITEMS: 4-A: Opportunity for members of the public to share thoughts about tbe desirable skills, abilities and professional experience to be sought in a City Manager, was presented. Members of the public Ted Winterer, Zina Josephs, Dennis Zane, Brian Hutchings, M. Ross, and Jerry Rubin provided their opinions and suggestions for skills and abilities desirable in a City Manager. On order ofthe Mayor, the information was received and filed. COUNCn., ITEMS: 7-A: Possible reconsideration of action taken on July 26, 2005, ORDINANCES: regarding introduction and fint reading of an ordinance amending the AFFORDABLE HOUSING Affordable Housing Production Ordinance (Chapter 9.56) to modify PRODUCTION the calculation formula and adjustment and payment timing of tbe affordable housing fee, to modify tbe affordable housing definitions and to establish a mechanism to adjust or waive the requirements of Chapter 9.56; and Resolution No. 10071 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REVISING THE AFFORDABLE HOUSING UNIT BASE FEE FOR NEW MARKET- RATE MULTIFAMILY DEVELOPMENT," was presented. REQUEST FOR RECONSIDERATION 13-A: Request of Councilmember Genser that the Council vote to reconsider action taken on Item 7-A at the July 26, 2005, Council meeting related to affordable housing fees, and if reconsideration is approved, that Council vote on Item 7-A, was presented. Motion by Councilmember Genser. seconded by Council member McKeown, to approve request. The motion was approved by voice vote with Councilmember Holbrook and Mayor Pro Tern Katz voting in opposition. Member of the public Joey FuUmer expressed various concerns. Member of the public Chris Harding provided suggestions and comments on the proposal. Members of the public Denny Zane, Zelia Mollick, Mr. Tarbet and Genise Schnitman spoke in support of the proposal. Member of the public Mark Shepherd spoke in opposition to high fees. Motion by Councilmember McKeown. seconded by Councilmember Genser, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof, amend to reflect the suggestion of the City Attorney, to change on page 22 of the ordinance, subsection (d), by adding to the end of the sentence "but no earlier than the time of building permit issuance." --.J 5 October 1 I, 2005 Also on page 26, Section 5, the effective date will be changed from May 30, 2005 to the following: ". . . . after the effective date of the ordinance." The motion was approved by the following vote: AYES: Councilmembers Genser, McKeown, Bloom, Mayor O'Connor Councilmembers Shriver, Holbrook, Mayor Pro Tern Katz None NOES: ABSENT: Motion by Councilmember McKeown. seconded by Councilmember Genser, to adopt the resolution, reading by title only and waiving further reading ther~of, amended to change the effective date of the fees to the date the ordinance goes into effect. The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Genser, Mayor O'Connor Councilmembers Holbrook, Shriver, Mayor Pro Tern Katz None NOES: ABSENT: SUNSET PARK - NORTH 7-B: Introduction and first reading of an interim ordinance OF WILSHIRE modifying, extending, and adjusting the interim modifications to the . development standards for parcels in the R-l districts located in the Sunset Park and North of Wilshire Neighborhoods, including adding al administrative review precess for developments on sloping parcels and modifying standards related to balconies and covered porches in the front yard setback, was presented. Mayor Pro Tem Katz was excused at 10:08 p.m. Mayor Pro Tern Katz advised that he had considered whether he had a conflict of interest in this matter because he was currently designing plans for a home in Sunset Park. He concluded that he did not have a conflict of interest, but due to possible appearance of conflict of interest, requested to be excused. Member of the public Zina Josephs expressed various views and concerns regarding the proposal. Motion by Councilmember Genser.seconded by Councilmember McKeown, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof, including the technical change recommended by staff regarding balconies, and including the same current process for hillside lots 6 October 11, 2005 _J SEXUALLY -ORIENTED BUSINESSES Mayor Pro Tem Katz returned at 10:22 p.m. .,' as contained in Ordinance 2160 (CC8). The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor O'Connor None Mayor Pro Tern Katz NOES: ABSENT: 7-C: Introduction and fint reading of an ordinance"amending Chapter 9.44 of the Municipal Code relating to sexually-oriented businesses, including but not limited to, sexually-oriented business definitions, location and spacing requirements, application processing and conditions of approval, signage restrictions, amortization, judicial review, and restrictions on sale and transfer, was presented. Members of the public Eric Gabster and Nina Fresco spoke in support of the proposal. Motion bv Council member McKeown. seconded by Councilmember Genser, to introduce ordinance for first reading, reading by title only and waiving further reading thereof, and amended to reduce the amount of merchandise that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas from 300.10 to 20%, and the amendments recommended by the City Attorney as follows: On page 12, Section A, after the word "novelties," delete the remainder of the statement and change to ''which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of" In addition, on page 21 , subsection (L)(l) change the word "merchandise" to "adult oriented merchandise," and strike the language following "merchandise." Language in Subsections (L)(2) and (L) (4) to change in the same manner. Substitute motion by Mayor Pro Tem Katz. seconded by Councilmember Shriver. to introduce the ordinance as presented, reading by title only and waiving further reading thereof and with the technical changes provided by the City Attorney. The substitute motion was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, Bloom. Mayor Pro Tern Katz, Mayor O'Connor Councilmember Genser, McKeown None NOES: ABSENT: 7 October I I, 2005 STAFF ITEMS: ,': ~. ~.:::- ",;'--2ND AND 4TH STREETS - LANDSCAPE IMPROVEMENT Council member Holbrook was excused at //:00 p.m. Councilmember McKeown stated for the record that he voted in opposition because he felt Council should have attempted the lower merchandise threshold; however, to indicate his concern about the secondary crime impacts on residential neighborhoods and his support to have an effective ordinance in place, wished to changed his "no" vote to a "yes." Councilmember Genser requested to change his "no" vote to a "yes" vote. The ordinance was introduced by the final revised vote as follows: AYES: Councilmembers Bloom, Holbrook, Shriver, Genser, McKeown, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: " ! 8-A: Proposals for updating the City's massage regulations and request for direction, was presented. Member of the public Eric Gabster spoke in support of the proposals. Motion by Counci)mernber Genser. seconded by Mayor Pro Tern Katz, to direct the City Attorney to prepare an ordinance with the suggested proposals and return as - quickly as possible. The motion was unanimously approved by voice vote, with all members present. 8-B;'fSchematic design elements for the 2nd and 4th Streets Pedestrian and Streetscape Improvements Project - recommendation to conceptually approve the proposed schematic design elements for the project; authorize the City Manager to negotiate and execute an amendment to Contract 8353 (CCS) with ZGF, in the amount of $39, 700, for the design of scope enhancements; and authorize staff to proceed with design development and preparation of construction drawings, was presented. The following members of the public commented on various aspects of the proposal including keeping existing trees and concerns about traffic impacts, and provided suggestions and ideas: Joe Natoli, Nina Fresco, Jerry Rubin, Arthur Harris, and Ellen Brennan. Motion by Councilmember Genser. seconded by Councilmember Bloom, to accept staff recommendation, with the additional tree up-lighting, with the direction to search for .funds for the lighting. ~_J 8 October 11, 2005 CONVENTION & VISITORS BUREAU Mayor Pro Tem Katz was excused at J 1: 30 p.m. Motion to amend by Councilmember McKeown to amend the motion to retain the existing trees. The motion died for lack of a second. Motion to amend by Councilmember Shriver. to direct staff to explore some alternatives for funding including a possible assessment to the improvement district. The motion was accepted as friendly. The main motion, as amended, was approved by the following vote: AYES: Councilmembers Genser, Shriver, Bloom, Mayor Pro Katz, Mayor O'Connor Councilmember McKeown Councilmember Holbrook NOES: ABSENT: Councilmember McKeown stated, for the record, that he voted in opposition because he prefers not to spend $700,000 to cut down healthy trees. 8-C: Composition of the Convention and Visitor's Bureau Board of Directon. On order of the Mayor, this matter was continued to a future meeting. SPECIAL JOINT The Mayor announced that the scheduled joint meeting with the MEETING - CANCELLED Redevelopment Agency was being cancelled due to the items under RELOCA nON consideration being withdrawn by staff ASSISTANCE 8-D: Amended Relocation Assistance Rules and Regulations - recommendation that the City Council and the Redevelopment Agency adopt respective resolutions adopting amended Rules and Regulations governing implementation of the California Relocation Assistance and Real Property Acquisition Law. On order of the Mayor, and at the request of staff, this matter was withdrawn. RELOCATION APPEALS 8-E: Establishment of Relocation Appeals Board for the BOARD Redevelopment Agency - recommendation that City Council adopt a resolution approving the establishment of a Relocation Appeals Board and the assignment of Board Members~ and that the Redevelopment Agency receive and file the report. END OF SCHEDULED JOINT MEETING On order of the Mayor, and at the request of staff, this matter was withdrawn. 9 October 11, 2005 2411/2423 CENTINELA- RELOCATION PLAN 8-F: Approval of relocation plan for proposed 2411 and 2423 Centinela Avenue Project. On order of the Mayor, and at the request of staff, this matter was withdrawn. RECESS On order of the Mayor, the regular City Council meeting recessed at 11:35 p.m., to special meeting of the Redevelopment Agency, and reconvened at 11 :39 p.m., with Councilmember Holbrook and Mayor Pro Tern Katz absent. CODE ENFORCEMENT 8-H: FY 2005-2006 Code Enforcement Program and Priorities - recommendation to hold discussion and giye direction to staff regarding priorities and allocation of Code Compliance resources. PUBLIC HEARINGS: MULTIFAMILY HOUSING REVENUE BONDS WRITTEN REOUESTS: VENDING PROGRAM On order of the Mayor, this matter was continued to a future meeting. 9-A: Public Hearing and adoption of Resolution No. 10072 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY," was presented. There was no one present for public coniInent. Motion by Mayor O'Connor. seconded by Councilmember Shriver, to adopt . the resolution, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Shriver, Genser, Mayor O'Connor None Councilmember Holbrook, Mayor Pro Tern Katz NOES: ABSENT: 12-A: Request of Doron Meidan to address Council regarding the cart vending program on the Third Street Promenade and requesting various changes to the-program, was presented. The following members of the public spoke in support of the request: Halil Parlar, Daniel Ganon, Javier Cemas, Maya Liberman, Aneeta Sagar, Morgan Diolo, Tracy Green, Jeny Rubin, Bob Deffendall, Jeny Pennngton, Ellen Brennan, Joe Natoli, Stewart Lemle and Arthur Harris. ~ 10 October 11, 2005 . SENIOR COMMUNITY- COMMISSION STATUS OF WOMEN - COMMISSION :........:.J The following members of the public spoke in support of the new program: Ross Provenzano, Debra Lahti. Discussion ensued relative to issues raised by the public including but not limited to the high cost of initial fees, lack of consideration for existing cart vendors, and possible retaliation by new operator for individuals speaking up during a Council meeting. Motion by Councilmember McKeown. seconded by Councilmember Genser to direct staff to do what is necessary to allow existing operation, with carts to remain in operation for the maximum amount of time possible, and finding storage space for the carts. The motion was approved by the following vote; AYES: Councilmembers Genser, Shriver, McKeown. Bloom, Mayor O'Connor None Councilmember Holbrook,. Mayor Pro Tern Katz NOES: ABSENT: Motion by Councilmember Genser. seconded by Councilrnember McKeown, to direct staff to investigate allegations of retaliation by new operator for public speech; any options Council may have to assure fairness in the selection of operators and the fees charged; provide possible remedies to resolve the matter; if possible provide a 6-month pro fonna for a couple of carts; and to provide infonnation on the rate of turnover for the operator. The motion was unanimously approved by voice vote, with Councilmember Holbrook and Mayor Pro Tern Katz absent. 13-B: Appointment to one special vacancy on the Commission for tbe Senior Community for a term ending June 30,2007. On order of the Mayor, this matter was continued to a future meeting. 13-C: Appointment to one special vacancy on the Commission on the Status of Women, for a term ending June 30, 2008. On order of the Mayor, the floor was opened for nominations. Mayor O'Connor nominated Amanda Nevers. There being no other nominations, Ms. Nevers was appointed by acclamation with Councilmembers Holbrook and Mayor Pro Tern Katz absent. 11 October 11, 2005 DOMESTIC PARTNERS - 13-D: Request of Council member McKeown to direct stafTto prepare BENEFTfS an ordinance requiring City grantees and contractors to ofTer employee benefits to registered domestic partners, consistent with the City's own Council member Shriver was practice and Chapter 4.60 of the Municipal Code; and to report on how excused at 1:05 a.m. such benefits might be protected by local law against state initiatives being circulated for the March 2006 election, was presented. There was no one present for public comment. Councilrnember McKeown. seconded by CounciImember Bloom. to approve request. The motion was unanimously approved by voice vote. with Councilmembers Shriver, Holbrook, and Mayor Pro Tern Katz absent. BAYOU LA BATRE, ALABAMA 13-E Request of Mayor O'Connor and Councilmember Holbrook that stafT update Council and the community on opportunities to aid Bayou La Batre, AL., a gulf community that has been devastated by Hurricane Katrina, and authorize statT to loan or donate needed equipment and supplies on a timely basis for the purpose of restoring municipal services, was presented. There was no one present for public comment. Discussion ensued relative to equipment and resources that may be available to assist Bayou Le Batre, including used vehicles and equipment that may be scheduled for replacement or to be auctioned. Motion by Mayor O'Connor. seconded by Councilmember McKeown. to approve the loan of equipment and vehicles including several pick-up trucks, cranes, utility vehicles, street sweepers, a skip loader, a dump truck, a riding lawn mower, and six chain saws. The motion was unanimously approved by voice vote. with Councilmembers Shriver, Holbrook and Mayor Pro Tern Katz absent. BAY RESTORATION COMMISSION 13-F: Request of Mayor O'Connor to nominate Councilmember Richard Bloom to continue to serve on the Santa Monica Bay Restoration Commission Governing Board, to be the designated voting representative for Santa Monica and authorize staff to assist in his election to the Board, was presented. Motion by Mayor O'Connor. seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Shriver, Holbrook and Mayor Pro Tern Katz absent. ~ 12 October 11, 2005 . CLOSED SESSIONS: 2-A: Conference with Legal Counsel - Existing Litigation: City or Santa Monica v. Baron & Budd. P.C., Case No. BS 315186. ACTION: Heard. No reportable action taken. 2-B: Conference with Legal Counsel - Existing Litigation: Russell Barnard v. City of Santa Monica, Case No. BC 281 367. ACTION: Not heard. 2-C: Conference with Legal Counsel- Existing Litigation: First National Bank v. Baird and City of Santa Monica. et al., Case No. 02CV610. ACTION: There being only four Councilmembers present, and one Councilmember having a conflict of interest in this case, the City Attorney advised action would be taken on this case at the next Council meeting. 2-D: Conference with Legal Counsel - Existing Litigation: Morley Construction Company v. URS Corporation. et al., Case No. SC 080 605. ACTION: Heard. No reportable action taken. 2-E: Conference with Legal Counsel- Existing Litigation: Matthew Kalan v. City of Santa Monica, Case No. SC 081116. ACTION: Not heard. 2-F: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): one case, including a dispute related to real property located at 1522 6th Street. ACTION: Not heard. 2-G: Conference with Labor Negotiator. City Negotiator: Karen Bancroft, Director of Human Resources Bargaining Units: Public Attorney's Union (PAU). ACTION: Not heard. 13 October 11,2005 2-H: Conference with Labor Negotiator to discuss compensation. Unrepresented Employee: City Clerk ACTION: Not heard. PUBLIC INPUT: Members of the public Pro Se, Brian Hutchings and B.A. Gray discussed various concerns. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 1 :26 a.m., to October 25,2005, in memory of Ralph Hedges, Liz Roberson, and City employee Natalie Moorings. ATTEST: - \.t~:;:w~J City Clerk APPROVED: ~. ~^--- Pam O'Connor Mayor .I 14 October 11,2005 :........:..J