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M-11/22/2005 (2) CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 22, 2005 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:45 p.m., on Tuesday, November 22,2005, 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 Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Bobby Shriver (arrived at 7:00 p.m.) Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE CONSENT CALENDAR: MINUTES On order of the Mayor, the City Council convened at 5:45 p.m., with Councilmember Shriver absent. Councilmember Holbrook led the assemblage in the Pledge of Allegiance. Member of the public Pro Se spoke in support ofItem I-D. Member of the public Joey Fullmer expressed various concerns. At the request of Council member Genser, Items I-D, I-F and I-L were removed from the Consent Calendar. At the request of Councilmember McKeown, Item I-J was removed from the Consent Calendar. Motion by Mayor Pro Tern Katz. seconded by Councilmember Genser, to approve the Consent Calendar, except for Items I-D, I-F, I-J and l-L, reading resolutions by title only and waiving further reading thereof The motion was approved by the following vote: 1 November 22,2005 AYES: Councilmembers Genser, Holbrook, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember Shriver. NOES: ABSENT: I-A: The minutes of the October 25,2005, City Council meeting, were approved as submitted. STREET & PARKING LOT REPAIR I-B: Annual Street and Parking Lot Repair and Resurfacing Project - recommendation to authorize the City Manager to negotiate and execute Contract No. 8526 (CCS) with Security Paving, in the amount of $8,332,266; Contract No. 9527 (CCS) with Caltrop Engineering, in the amount of $531,000, for construction management services; and appropriate $670,000 as proposed, was approved. STORM DRAIN EASEMENTS l-C: Resolution authorizing acquisition of storm drain easements in the new CiVIC Center Parking Structure site, from the State of California's Department of Transportation - recommendation to adopt Resolution No. 10083 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA TO, AUTHORIZE THE CITY MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND PURCHASE AGREEMENT NO. 8528 (CCS) FOR THE ACQUISITION, AND TO NEGOTIATE AND EXECUTE RELINQUISHMENT OF STORM DRAIN EASEMENTS," was approved. 921 19th STREET l-E: Statement of Official Action for 92119th Street- recommendation to approve the Statement of Official Action taken designating the property as a City Landmark, was approved. PARKING OPERATIONS I-G: Amendment to Parking Operations Contract and resolution AND FEES setting library parking structure fees - recommendation to authorize the City Manager to execute an amendment to Contract No. 8360 (CCS) with Parking Management Services, in the amount of $220,945, for operation of the Library Parking Structure, Main Street, and Ocean Avenue lots, and additional services; approve budget appropriations; and adopt Resolution No. 10084 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING LffiRARY STRUCTURE FEES," was approved. PLANNING SERVICES I-H: Contract amendment for interim planning services- recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8530 (CCS) with Civic Solutions, Inc., in the amount of $75,000, to provide interim planning services for the Planning Division, was approved. 2 November 22, 2005 VIRGINIA A VENUE PARK SMPOA - MOU I-I: Virginia Avenue Park Expansion Project - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7982 (CCS) with Koning Eizenberg Architecture, in the amount of $35,000, for additional design services; and an amendment to Contract No. 8267 (CCS) with Black and Veatch, in the amount of $96,000, for additional construction management services for the project, was approved. 1-K: Resolution No. 10085 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA POLICE OFFICERS ASSOCIATION," was adopted. EXECUTIVE PAY PLAN 1-M: Resolution No. 10086 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE PAY PLAN," was adopted. CITY HALL - SEISMIC RETROFIT COMPUTERS - NEW LffiRARY Counci/member Holbrook was excused at 5:52 p.m. 1-D: Seismic retrofit of City Hall- recommendation to authorize the City Manager to negotiate and execute Contract No. 8529 (CCS) with Black and Veatch, in the amount of$875,000, to provide engineering and architectural services for the project, was presented. Councilmember Genser advised he removed this matter from the Consent Calendar to ask questions related to plans for reuse of City Hall. Staff advised project would include work on floorplates, within crawl spaces and walls only, and would not impact the exterior or displace employees. Motion by Mayor Pro Tern Katz, seconded by Mayor O'Connor, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Holbrook, Genser, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember Shriver NOES: ABSENT: I-I: Computer Equipment for the New Main Library- recommendation to authorize the City Manager to negotiate and execute an amendment to Contract 8284 (CCS) with Gateway Companies, in the amount of $240,000, to purchase 150 additional computers for the new Main Library, was presented. 3 November 22,2005 Councilmember McKeown advised he removed this item from the Consent Calendar to comment on the fact that this purchase of computers with the same system creates a digital mono culture, and that the whole system could be taken down by a single virus. He added he does not support this purchase. Staff provided clarifying information and replied to questions from Councilmembers. Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, to approve staff recommendation. The motion failed by the following vote: AYES: NOES: ABSENT: Councilmembers Bloom, Mayor Pro Tern Katz Councilmembers McKeown, Genser, Mayor O'Connor Councilmembers Shriver, Holbrook On order of the Mayor, and with consensus of Council, this matter put over until Councilmember Holbrook returns. 20th STREET AND CLOVERFIELD I-L: 20th Street and Cloverfield Boulevard Improvements Project - recommendation to authorize the City Manager to negotiate and execute a contract with Amphion Environmental, in the amount of $450,000, to provide engineering, design and community outreach services for the project, was presented. Councilmember Genser advised he removed this item from the Consent Calendar because, based on the report, the matter has not had public input, and because he has concerns about the firm in question. Discussion ensued on the concerns expressed. Staff replied to questions of Councilmembers. On order of the Mayor, and at the request of staff, this matter was withdrawn to allow time for staff to return with additional information on the work done on the project so far. COMPUTERS - NEW I-J: Computer Equipment for the New Main Library- LmRARY (CONTINUED) recommendation to authorize the City Manager to negotiate and execute an amendment to Contract 8284 (CCS) with Gateway Companies, in the Council member Holbrook amount of $240,000, to purchase 150 additional computers for the new returned at 6:05 p.m. Main Library, was presented. Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, to reconsider motion made earlier. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. 4 November 22, 2005 Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, to approve staff recommendation. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Holbrook, Bloom, Mayor Pro Tern Katz, Mayor O'Connor Councilmembers Genser, McKeown Councilmember Shriver 125 PACIFIC STREET I-F: Statement of Official Action for 125 Pacific Street- recommendation to approve the Statement of Official Action taken Counci/member Genser was designating the property as a City Landmark, was presented. excused at 6:08 p.m. Councilmember Genser advised he had a conflict of interest with this matter and requested to be excused. Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, to approve recommendation. The motion was approved by the following vote: On order of the Mayor, the City Council recessed at 6:09 p.m., to hear closed sessions, and returned at 7: 15 p.m., with all members present to report the following: AYES: NOES: ABSTAIN: ABSENT: CLOSED SESSIONS: Council member Genser returned at 6:09 p.m. Councilmembers Bloom, Holbrook, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember McKeown Councilmembers Shriver, Genser Counci/member Shriver arrived at 7:00 p.m. 2-A: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Baron & Budd. P.c.. Case No., BC 315186. ACTION: Heard. No reportable action taken. 2-B: Conference with Legal Counsel- Existing Litigation: Gloria George v. City of Santa Monica, Case No. SC 080 914 ACTION: Not heard. 2-C: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): three cases, including a dispute related to use of Airport Avenue by Santa Monica College for its Bundy Campus. 5 November 22, 2005 APPOINTMENT OF CITY MANAGER ACTION: Two cases heard. No reportable action taken. Mayor O'Connor announced that this item would be heard concurrently with Item 13-F. 2-D: Public Employee Appointment Title: City Manager 13-F: Request of Mayor O'Connor and Council Member Holbrook that the City Council 1) consider contract terms for the appointment of a City Manager including a salary of $245,000 annually, those benefits provided to department heads of the City under the Executive Pay Plan and relocation assistance including the option of a housing loan; 2) authorize the Mayor to execute Contract No. 8531 (CCS) with the City Manager selected; and 3) authorize the Mayor to execute pay documents to effect an "acting" appointment for the period between retirement of the current City Manager and assumption of office by the new City Manager, with compensation set at that of the current City Manager. Mayor O'Connor announced that after an extensive nation-wide search the City Council came to a unanimous choice in the selection Mr. Lamont Ewell, current City Manager of the City of San Diego, to succeed retiring City Manager Susan McCarthy. Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, to appoint Lamont Ewell as the City Manager of the City of Santa Monica and to authorize a contract and the terms outlined in Item 13-F. 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: Motion by Mayor O'Connor, seconded bv Councilmember Holbrook, to authorize the Mayor to execute pay documents to effect an "acting" appointment, for Assistant City Manager Gordon Anderson, for the period between retirement of the current City Manager and assumption of the office by the new City Manager, with compensation set at that of the current City Manager. The motion was approved by the following vote: 6 November 22, 2005 AYES: Councilmembers Genser, Shriver, Holbrook, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: 2-E: Conference with Legal Counsel - Existing Litigation: Roberta Cohan v. City of Santa Monica, Case No. SC 083 448. Action taken on this matter was reported at the end of the meeting. CONTINUED ITEMS: CONVENTION AND VISITORS BUREAU 5-A: Composition of the Convention and Visitor's Bureau (CVB) Board of Directors, was presented. Members of the public Rodney Punt, Jerry Rubin, and Mary Ann Powell commented on various aspects of the matter. Discussion ensued on the policy and practice of appointing members to this organization by the City Council and by the Chamber of Commerce, on the City's continued funding for CVB, on the Chamber's political activity, and on the possible conflict of interest between the Chamber's political activity and their right to appoint members to the CVB, which operates under City funding. Motion by Councilmember GenseL seconded by Councilmember McKeo:w, to ask the CVB to revisit the issue of the appointing policy, focusing on the City's need to maintain an arm's length relationship with the Chamber of Commerce. The motion failed by the following vote: ABSENT: Councilmembers Bloom, McKeown, Genser Councilmembers Holbrook, Shriver, Mayor Pro Tern Katz, Mayor O'Connor None AYES: NOES: CODE ENFORCEMENT 5-B: FY 2005-2006 Code Enforcement Program and Priorities - recommendation to hold discussion and give direction to staff regarding priorities and allocation of Code Compliance resources, was presented. Members ofthe public Joey Fullmer, A. Holcomb, and Michael Tarbet expressed various concerns related to City enforcement. Discussion ensued on the information presented and public comment related to the Department's enforcement priorities, funding, available personnel, existing backlog and needs, and on future planning. 7 November 22,2005 ADMIN. ACTIONS: 1248-1260 19TH STREET - UNITARIAN CHURCH Mayor Pro Tern Katz was excused at 11:30 p.m. Motion by Councilmember Shriver. seconded by Mayor Pro Tern Katz, to ask staff to return with a budget, that can be financial, personnel, or focu s- based, for what activities are realistically possible with a given number of staff members; with information on if, and how many, more employees may be needed to address the priorities; and with the report to include a description of efficiency protocols. The motion was unanimously approved by voice vote, with all members present. 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. Applicant: Unitarian Universalist Community Church Appellant: Blair Calderhead The report was presented by staff. Staff answered questions of Councilmembers. Appellant Blair Calderhead and Y oulie Chong spoke in support of the appeal. Ralph Mechur, representing the Applicant, spoke in opposition of the appeal. Members of the public Susan McCarrey, Emily Hero, Catherine Farmer, Judith Meyer, Rick Cook, Jerry Rubin, Keith Ludowitz, Abby Arnold, Pat Parkerton, and Jim Conn spoke in opposition ofthe appeal. Members of the public Lawrence Allen, John Petz, Peggy Mollin, Larry Mollin, Cathy Milliken, Evelyn Jerome, Marguerite Tanaka, Brent Norland, Shannon Dittbrenner, Geoffrey Stems, Azia Calderhead, anc Chuck Allord spoke in support of the appeal. Blair Calderhead and Ralph Mechur provided rebuttals to comments made during public comment. Councilmember Shriver was On order of the Mayor, and with the consensus of Council, the public excused at 11:40 p.m. hearing was closed and due to the lateness of the time, discussion and action on the appeal will be continued to a future meeting. 8 November 22,2005 STAFF ITEMS: 8-A: Community Gardens proposed rules and regulations- COMMUNITY GARDENS recommendation that Council approve the proposed rules and regulations for the operation of the City's Community Gardens. SMPD VEmCLE DESIGN PUBLIC HEARINGS: URBAN WATER MANAGEMENT PLAN Council member Holbrook was excused at J 2: J 2 a.m. WRITTEN REQUESTS: DOG ADOPTIONS On order of the Mayor, this matter was continued to a future meeting as a 5 item. 8-B: Police Department's new vehicle design - recommendation to consider the redesign of Police patrol vehicles. On order of the Mayor, this matter was continued to a future meeting. 9-A: 2005 Urban Water Management Plan - recommendation to hold a public hearing, receive input, adopt Resolution No. 10087 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE 2005 URBAN WATER MANAGEMENT PLAN AND AUTHORIZING THE WATER RESOURCES MANAGER TO FILE THE PLAN WITH THE CALIFORNIA DEPARTMENT OF WATER RESOURCES," was presented. There was no one present for public comment. Motion by Councilmember Bloom, seconded by Councilmember Genser, to approve recommendation and adopt resolution, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Genser, McKeown, Bloom, Mayor O'Connor None Councilmembers Holbrook, Shriver, Mayor Pro Tern Katz NOES: ABSENT: 12-A: Request of Nancy SarnotTto 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. On order of the Mayor, and at the request of Ms. Sarnoff, this matter was continued to December 13, 2005. 9 November 22, 2005 COUNCIL ITEMS: SENIOR COMMUNITY COMMISSION PRC SOCIAL SERVICES COMMISSION WEST L.A. VETERANS ADMINISTRATION - ENHANCED SERVICES CONTINUED ITEM FOR 12/13 MEETING 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, this matter was continued to December 13,2005. 13-B: Appointment to three annual vacancies on the Pier Restoration Corporation with terms ending November 10,2009. On order of the Mayor, this matter was continued to December 13, 2005. 13-C: Appointment to one special vacancy on the Social Services Commission for a term ending June 30, 2007. On order ofthe Mayor, this matter was continued to December 13, 2005. 13-D: Request of Council member Bloom to authorize statTto draft a similar letter as that of the California Democratic Congressional Delegation regarding the Capital Asset Realignment for Enhanced Services (CARES) Business Plan Studies for the West Los Angeles VA, was presented. There was no one present for public comment. Motion by Councilmember Bloom. seconded by Councilmember McKeown, to approve request. The motion was approved by voice vote, with Councilmembers Shriver, Holbrook, and Mayor Pro Tern Katz absent. 13-E: Request of Council Member Shriver that the report on homelessness continued from the November 8 meeting to December 13 be heard as a "5" item, early in the agenda on that evening, was presented. There was no one present for public comment. Motion by Councilmember McKeown (on behalf of Councilmember Shriver). seconded by Councilmember Bloom, to approve request. The motion was approved by voice vote, with Councilmembers Shriver, Holbrook, and Mayor Pro Tern Katz absent. 10 November 22, 2005 CLOSED SESSIONS - CONTINUED 2-E: Conference with Legal Counsel - Existing Litigation: Roberta Cohan v. City of Santa Monica, Case No. SC 083 448. Assistant City Attorney Joseph Lawrence requested that the account number for an appropriation, that was approved at the November 8th meeting related to this case, be corrected to Account No. 56232.522010. Motion by Councilmember McKeown.. seconded by Mayor O'Connor, to correct the account number as advised. The motion was approved by the following vote: AYES: Councilmembers Genser, McKeown, Bloom, Mayor O'Connor None Councilmembers Shriver, Holbrook, Mayor Pro Tern Katz NOES: ABSENT: Members of the public Richard Robinson, M. Ross, Arthur Harris and Joe Natoli discussed various issues and expressed concerns. PUBLIC INPUT On order of the Mayor, the City Council meeting was adjourned at 12:29 a.m. ADJOURNMENT: - \:3:~~~ Maria M. Stewart City Clerk APPROVED: ~~I Pam O'Connor Mayor 11 November 22, 2005