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M-12/13/2005 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 13, 2005 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:47 p.m., on Tuesday, December 13, 2005, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Mayor Pro Tern Herb Katz (arrived at 6:04 p.m.) Councilmember Richard Bloom Councilmember Ken Genser Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Bobby Shriver (arrived at 6:04 p.m.) Also Present: Acting City Manager Gordon Anderson City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:47 p.m., with Councilmember Shriver and Mayor Pro Tern Katz absent. Councilmember Holbrook 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. Members of the public Joey Fullmer, Lili Warren and Jerry Rubin shared concerns related to Item l-K. Members of the public Joe Natoli and Pro Se expressed various concerns. At the request of staff, Item l-K was removed from the Consent Calendar. Motion by Councilmember Genser. seconded by Councilmember McKeown, to approve all items on the Consent Calendar as presented, reading resolutions and ordinances by title only and waiving further reading thereof The motion was approved by the following vote: 1 December 13, 2005 MINUTES 1120 21sT STREET 1311 CENTINELA AGREENLENTS.NDLLS ACT CLEANING SERVICES. BBB PAINTINGIBODY REPAIRS.BBB AYES: Councilmembers Genser, Holbrook, McKeown. Bloom, Mayor O'Connor None Councilmember Shriver, Mayor Pro Tern Katz NOES: ABSENT: I-A: The minutes ofthe October 26, November 1, November 2, November 8, and November 14,2005, City Council meetings, were approved as submitted. I-B: Resolution No. 10088 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP 53015 FOR A 5-l!NlT CONDOMINIUM PROJECT AT 1120 21ST STREET," was adopted. l-C: Resolution No. 10089 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP 53800 FOR AN 8-UNIT CONDOMINIUM PROJECT AT 1311 CENTINELA AVENUE," was adopted. I-D: Mills Act Historical Property agreements with owners of various designated City Landmarks and Contributing Structure to the Third Street Neighborhood - recommendation that Council adopt eight respective Resolution Nos. 10090 to 10097 (CCS), and authorize the City Manager to execute Agreement Nos. 8533 to 8540 with owners of properties located at 331 Palisades Avenue; 710 Adelaide Place; 1911 La Mesa Drive; 1333 Ocean Avenue; 1337 Ocean Avenue; 2619 3rd Street; 404 Georgina; and 142 Adelaide Drive, was approved. l-E: Big Blue Bus Yard cleaning services - recommendation to award Bid No. 2893 to the Resource Collection, at specified labor rates, to provide various cleaning services at the bus yard for the Big Blue Bus Department, was approved. I-F: Big Blue Bus painting and body repair services - recommendation to award 60% of anticipated work for Bid No. 2894 to Carlos Guzman, Inc.; 30% of anticipated work to Smith & Hartford Coach Works; and 10% of anticipated work to Westway Industries, at specified prices for painting and body repair services, was approved. DETAILING SERVICES - I-G: Big Blue Bus detailing services - recommendation to award Bid BBB No. 2895 to Uniserve Facilities Services, at specified unit prices to provide detailing services for transit coaches, was approved. 2 December 13, 2005 TRANSMISSIONS - BBB WATERSHED PROTECTION PLAN CONFLICT OF INTEREST CODE HOMELESS ISSUES - REPRESENTATIVE I-H: Big Blue Bus transmissions - recommendation to award Bid No. 2892 to S&J Chevrolet, Inc., at specified unit prices, to provide remanufacturing service of Allison transmissions, was approved. 1-1: Watershed Protection Plan and endorsement of community polling for possible ballot measure - recommendation to authorize the City manager to negotiate and execute an amendment to existing Contract No. 8164 (CCS) with Brown and Caldwell, in the amount of $35,000, to complete a draft Watershed Protection Plan; and, endorse joint polling with the City of Calabasas to determine willingness of each community to fund measures required to achieve clean beaches and coastal waters, was approved. I-J: ConOict of Interest Code amendment - recommendation to adopt Resolution No. 10098 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NO. 9930 (CCS), AND AMENDING THE CITY'S CONFLICT OF INTEREST CODE TO REVISE THE DESIGNATED POSITIONS FOR WInCH STATEMENTS OF ECONOMIC INTERESTS ARE REQUIRED TO BE FILED," was approved. l-K: Representative on Homeless Issues - Agreement - recommendation to authorize the City Manager to negotiate and execute a contract with Edmund D. Edelman, in the amount of $200,000, for services as the City's representative on homeless issues; and appropriate the funds, as proposed. Acting City Manager Gordon Anderson advised he removed this item from the Consent Calendar in order to introduce former L.A. County Supervisor Edmund Edelman to the City Council. Motion by Councilmember Bloom. seconded by Councilmember McKeown, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Holbrook, Genser, Mayor O'Connor None Councilmember Shriver, Mayor Pro Tern Katz NOES: ABSENT: Council member Shriver and After the vote, Former Supervisor Edelman introduced himself to Mayor Pro Tern Katz Councilmembers and the audience, spoke briefly about his plans for the arrived at 6:04 p.m. project, and thanked Council for the appointment. 3 December 13,2005 CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:08 p.m. to hear closed sessions and returned at 7:04 p.m., to report the following: 2-A: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Baron & Budd. P.C.. Case No., BC 315186. ACTION: Matter was heard; no reportable action was taken. 2-B: Conference with Legal Counsel- Existing Litigation: Gloria George v. City of Santa Monica, Case No. SC 080 914. Motion by Mayor Pro Tern Katz. seconded by Councilmember Holbrook, to approve settlement in this trip and fall case in the amount of $120,000. 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: Motion by Mayor Pro Tern Katz. seconded by Councilmember Bloom, to approve the appropriation from Account No. 56232.522010. 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: 2-C: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. City oeLos Angeles (Playa Vista). Case No. BS 093 502. ACTION: Matter heard; no reportable action was taken. 2-D: Conference with Legal Counsel - Existing Litigation: Toni Kalili v. City of Santa Monica, Case No. SC 083 051. ACTION: Matter was not heard. 4 December 13, 2005 2-E: Conference with Legal Counsel- Existing Litigation: Hong Yui Choi v. City of Santa Monica, Case No. SC 086 778. ACTION: Matter heard; no reportable action was taken. 2-F: Conference with Legal Counsel - Existing Litigation: In re Adelphia Communications Corporation. et al.. USBC. Southern District of New Yor~ Case No. 02-41729 (REG). ACTION: Matter heard; no reportable action was taken. 2-G: Conference with Legal Counsel - Existing Litigation: Roberta Cohan v. City of Santa Monica. Case No. SC 083 448. ACTION: Matter was not heard. 2-H: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): One case related to the use of Airport Avenue by Santa Monica College for its Bundy Campus. On order of the Mayor, action taken on this item was reported at the end of the meeting. SPECIAL ITEMS: 4-A: InstaUation of new Mayor and of Mayor Pro Tern. Mayor O'Connor provided brief comments and expressed her appreciation for the opportunity to serve as Mayor. Councilmembers thanked Mayor O'Connor for her service as Mayor. Mayor O'Connor adjourned the City Council as presently constituted. Newly installed Mayor Holbrook assumed the Chair and asked the City Clerk to call the roll of the new City Council. ROLL CALL: Present: Mayor Robert Holbrook Mayor Pro Tern Bobby Shriver Councilmember Richard Bloom Councilmember Ken Genser Councilmember Pam O'Connor Councilmember Kevin McKeown Councilmember Herb Katz 5 December 13,2005 CONTINUED ITEMS: 5-A: Annual Review of the City's Coordinated Plan for Homeless Services -recommendation to hold a public hearing, receive and file the report; accept a grant in the amount of$948,907 from the U.S. Department of Housing and Urban Development - Housing for People Who are Homeless and Addicted to Alcohol; and approve the proposed budget changes and appropriation, was presented. The following members of the public spoke in support of the recommendation: Joey Fullmer, Seth Jackson, Jan Ludwinski, Joe Natoli" Jerry Rubin, John Maceri, Rhonda Meister, Gail O'Neil, Arthur Harris, Lisa Fisher, Nicholas Vrataric, R. Walburger, A.I. Santos Chong, John Cleland, Ken Schowlaw, Tod Lipka, Andrew Parker, Richard Robinson, and M. Ross. The following members of the public spoke in support of outdoor feeding programs: Christina Schanes, Ron Taylor, Peggy Lee Kennedy, and Paul Grynmkowski. Motion by Councilmember Bloom. seconded by Councilmember McKeown, to approve staff recommendation. Motion to amend by Councilmember O'Connor, that the motion take into consideration all the comments made by Councilmembers, including looking at the sober housing model. The motion was accepted as friendly. Motion to amend by Councilmember McKeown, to look at Big Blue Bus and Swashlock as possibilities to add a feeding area and make it available to non-profits, instead of using the parks, and that are close to a location linked to social services. The motion was accepted as friendly. Motion to amend by Mayor Pro Tern Shriver, to ask the City Attorney's office to study governance structure and/or potential State legislation. The motion was accepted as friendly. The main motion, as amended, was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, O'Connor, Genser, Mayor Pro Tern Shriver, Mayor Holbrook None None NOES: ABSENT: 6 December 13, 2005 ADMIN. ITEMS: APPEAL - 1248-1260 18TH STREET STAFF ITEMS: REDEVELOPMENT AGENCY-ANNUAL REPORT 6-A: Appeal of Planning Commission's approval of CUP and Variance at 1248-1260 18th Street for Unitarian Universalist Community Church - recommendation to deny appeal and uphold Planning Commission's approval of the project based upon the proposed findings and conditions of approval, was presented. Members of the public Charlie Haskell, Allison Kendall and Chris Harding spoke in support of the project. Member of the public Y oolie Chong spoke in support of the appeal. Motion by Councilmember Katz, to deny the appeal and uphold the Planning Commission's decision. Motion died for lack of a second. Motion by Councilmember GenseL seconded by Councilmember O'Connor, to deny the project and grant the appeal based on the inability to make finding "C," and that finding "B" is inaccurate, as approval ofthe project in its current form will have a detrimental effect. Substitute motion by Councilmember Bloom. seconded by Councilmember Katz, to deny appeal, and add a condition to require 12 more parking spaces within 1,000 feet, that are satisfactory to stafT, including the findings in the staff report, particularly No.9, that cites land use objective to improve the quality of life for all residents by providing a balance of land uses consistent with: (1) recognizing that the City is part of a metropolitan area with regional social problems, and (2) protecting the quality oflife in all residential neighborhoods. The substitute motion was approved by the following vote: AYES: Councilmembers Katz, Bloom, Mayor Pro Tern Shriver, Mayor Holbrook Councilmembers Genser, O'Connor, McKeown None NOES: ABSENT: On order of the Mayor, the regular City Council meeting recessed to a joint meeting with the Redevelopment Agency at II :00 p.m., with all members present. SPECIAL JOINT MEETING WITH REDEVELOPMENT AGENCY: 8-A: Annual Report for FY 2004-2005 for the Redevelopment Agency - recommendation that Council receive and file the report and authorize the City Manager to report to the L.A. County Auditor-Controller; and that the 7 December 13, 2005 CIVIC CENTER VILLAGE ADJOURNMENT OF JOINT MEETING LAND USE AND CIRCULATION Redevelopment Agency direct the Executive Director to transmit the report to the State Controller, was presented. There was no one present for public comment. Motion by Councilmember O'Connor, seconded by Councilmember McKeown, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Bloom, Mayor Pro Tern Shriver, Mayor Holbrook None None NOES: ABSENT: 8-B: Selection of Civic Center Village Developer-Design Team, consideration of building heights, and community design process - recommendation that the Redevelopment Agency authorize the Executive Director to negotiate and execute a contract with The Related Companies of California as the developer-design team for the project; and that the City Council permit the Related Companies of California to explore with the community a building height to achieve the 325 residences, and direct staff to identify a community engagement process for the design of the project, was presented. Staff replied to questions from Councilmembers related to additional information that should have been provided in the staff report related to a financial analysis ofthe project and the details ofbid(s). Considerable discussion ensued on the kind of information needed by Councilmembers to be able to take action on this kind of project. Motion by Mayor Pro Tern Shriver. seconded by Councilmember Katz, to table this matter, in order to provide staff time to return with adequate information. The motion was unanimously approved by voice vote, with all members present. On order of the Mayor, the City Council adjourned the special joint meeting and reconvened its regular Council meeting at 11 :37 p.m., with all members present. 8-C: Land Use and Circulation Element draft alternatives and performance measures - recommendation that Council review proposed alternatives and give direction to staff for further study. 8 December 13,2005 On order of the Mayor, this matter was continued to January 10, 2006. WRITTEN REQUESTS: 12-A: Request of Nancy Sarnoff to address Council to ask for assistance in obtaining either a permit or a business license to allow her to continue with her non-profit volunteer work of finding homes for homeless dogs, was presented. COUNCIL ITEMS: SENIOR COMMUNITY COMMISSION PRC SOCIAL SERVICES COMMISSION Members of the public Nancy Carter, Brooke Eaton, and Simone Patterson spoke in support ofthe request. Motion by Councilmember McKeown.. seconded by Councilmember Katz, to direct staff to make a change in the code that will allow this use to resume; and to not pursue enforcement, giving staff leeway to return with a couple of options. The motion was unanimously approved by voice vote, with all members present. 13-A: Appointment to one special vacancy on the Commission for the Senior Community for a term ending June 30, 2007. On order of the Mayor, the floor was opened for nominations. Mayor Holbrook nominated David Joshua Staub. There being no other nominations, Mr. Staub was appointed by acclamation, with all members present. 13-B: Appointment to three annual vacancies on the Pier Restoration Corporation with terms ending November 10, 2009. On order of the Mayor, the floor was opened for nominations. Councilmember Genser nominated Brenda Katz and Sandra Pettit. There being no other nominations, Ms. Katz and Ms. Pettit were appointed by acclamation, with all members present. On order of the Mayor, the remaining vacancy was continued to January 10, 2006. 13-C: Appointment to one special vacancy on the Social Services Commission for a term ending June 30,2007. On order of the Mayor, the floor was opened for nominations. 9 December 13, 2005 RECREATION AND PARKS COMMISSION CLARIFICA TION OF MOTION - SMC BUNDY CAMPUS PUBLIC INPUT: CLOSED SESSIONS Councilmember Bloom nominated Brian Buchner. There being no other nominations, Mr. Buchner was appointed by acclamation, with all members present. 13-D: Appointment to one special vacancy on the Recreation and Parks Commission for a term ending June 30, 2009. On order of the Mayor, the floor was opened for nominations. Councilmember McKeown nominated Ted Winterer Councilmember Genser nominated Richard McKennon. Mr. Winterer was appointed by the following vote: Ted Winterer: Councilmembers Katz, McKeown, Mayor Pro Tern Shriver, Mayor Holbrook Richard McKennon: Councilmembers Bloom, Genser, O'Connor Councilmembers Bloom, Genser, and O'Connor requested to change their votes to Mr. Winterer, thereby appointing Mr. Winterer by acclamation. l3-E: Request of Council member Holbrook and Mayor Pro Tern Katz that Council clarify the intent of the motion voted upon at the November 8th meeting approving temporary egress on Douglas Loop, into the Santa Monica College's Bundy Campus, as it relates to the duration of the College's waiver of their claim to a legal right. On order of the Mayor, this matter was continued. Member of the public Art Casillas expressed concerns regarding the Police Department. On order of the Mayor, the City Council recessed at 12:00 a.m., to consider closed session, and reconvened at 12:20 a.m., to report the following: 2-H: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): One case related to the use of Airport Avenue by Santa Monica College for its Bundy Campus. Motion by Councilmember McKeown. seconded by Councilmember Katz, that the City of Santa Monica allow exit-only access from the Santa Monica College Bundy Campus onto Airport Avenue, with only a right turn toward 10 December 13,2005 Bundy allowed~ that Santa Monica College pay for necessary improvements, and indemnify the City of Santa Monica against possible liabilities~ that this specified access be for seven months, to allow the City of Los Angeles time to install an appropriate traffic signal along Santa Monica College's Bundy frontage~ that the City of Santa Monica accepts Santa Monica College's agreement, regarding what Santa Monica College may have considered potential legal claims against the City of Santa Monica, to let the statute of limitations on such claims expire without litigation; and that the City of Santa Monica expresses a willingness to continue to work in mutual good faith with Santa Monica College after the seven months to assure the safety of students and an ongoing cooperative relationship between the City and the College. The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, Genser, O'Connor, Mayor Pro Tern Shriver, Mayor Holbrook None None NOES: ABSENT: ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:11 a.m., in memory offormer Los Angeles City Councilman Marvin Braude, the Reverend Mineo Katagiri, and Senator Eugene McCarthy. ATTEST: ~~~ Maria M. Stewart City Clerk n;~~ Robert T. Holbrook Mayor 11 December 13, 2005