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M-6/13/2006 CITY OF SANTA MONICA CITY COUNCIL MlNUTES JUNE 13, 2006 A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 5:48 p.m., on Tuesday, June 13,2006, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Robert T. Holbrook Mayor Pro Tern Bobby Shriver (arrived at 6:40 p.m.) Councilmember Richard Bloom Councilmember Ken Genser Councilmember Herb Katz Councilmember Kevin McKeown Councilmember Pam O'Connor Also Present: City Manager P. Lamont Ewell City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:48 p.m., with Mayor Pro Tern Shriver absent Councilmember Katz 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, Joe Natoli, and Jerry Rubin provided input on various Consent Calendar items. At the request of Council member Katz, Item I-A and I-F were removed from the Consent Calendar. Motion by Councilmember Genser, seconded by Councilmember O'Connor, to approve all items on the Consent Calendar as presented except Items I-A and I-F, reading resolutions by title only and waiving further reading thereof The motion was approved by the following vote: 1 June 13,2006 AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Bloom, Mayor Holbrook None Mayor Pro Tern Shriver NOES: ABSENT: AFFORDABLE HOUSING I-B: Annual Adjustments to Affordable Housing Fee- FEE recommendation to approve the proposed methodology for calculating the annual adjustments to the Affordable Housing Fee as provided for in the Municipal Code, was approved. STORMWATER DIVERSION GRAPHIC DESIGN SERVICES BIO-DIESEL FUEL PROJECT BEACH CONCESSION FIREFIGHTERS MOU l-C: Montana Avenue and Wilshire Boulevard Storm water Diversion Project - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract 73728 (Contract No. 8594 (CCS) with Los Angeles County for design and inspection services for the project; Contract No. 8595 (CCS) with MIaden Buntich Construction, in the amount of$4,533,595, for construction of the project; and approve an appropriation of $984,358, was approved. I-D: Graphic design services for environmental public outreach activities - recommendation to authorize the City Manager to negotiate and execute Contract No. 8596 (CCS) with Cowan Communication Arts, in the amount of $60,000, for Fiscal Year 2006-07, with a one year renewal option, to provide graphic design services for public outreach activities and programs, was approved. l-E: Development and demonstration of bio-diesel fuel project - recommendation to authorize the City Manager to negotiate and execute Contract No. 8597 (CCS) with the South Coast Air Quality Management District for participation in the demonstration project, was approved. I-G: Beach Concession Agreement - recommendation to authorize the City Manager to negotiate and execute Lease and Concession Agreement No. 8598 (CCS) with Chaos Enterprises, Inc. (dba Perry's Cafe and Rentals) for operation offour beach concessions, was approved. I-H: Resolution authorizing Memorandum of Understanding amendment for Firefighters - recommendation to adopt Resolution No. 10132 (CCS) authorizing the City Manager to execute an amendment to the Memorandum of Understanding with the Santa Monica Firefighters (Contract No. 7881 (CCS), Local 1109, IAFF, was approved. 2 June 13, 2006 HISTORIC RESOURCES INVENTORY PLAN CHECK AND INSPECTION SERVICES I-A: Citywide update of Historic Resources Inventory - recommendation to authorize the City Manager to negotiate and execute Contract No. 8599 (CCS) with Jones & Stokes Associates, in the amount of $280,000, to prepare a comprehensive update to the City's Historic Resources Inventory, was presented. Councilmember Katz advised he removed this matter from the Consent Calendar to ask questions regarding the proposed period of time that is being covered and why it does not go back to the year 1970. Staff answered questions from Councilmembers. Motion by Councilmember Bloom. seconded by Councilmember Katz, to approve recommendation and give direction to staff to return with options on how to maintain the inventory current, including an option of on-going automatic updating. The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, O'Connor, Genser, Mayor Holbrook None Mayor Pro Tern Shriver NOES: ABSENT: I-F: Provision of plan check and inspection services - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8430 (CCS) with California Code Check, in the amount of $250,000, for plan check and inspection services; and an amendment to Contract No. 8155 (CCS) with JAS Pacific, in the amount of $1,000,000, for similar services, was presented. Councilmember Katz advised that he removed this item from the Consent Calendar to ask why the City is hiring contract employees instead of using City employees and to express his concern about the quality of provision of services. Staff answered questions from Councilmembers regarding hiring practices, the state of the economy, current development needs, and the need to comply with the demands of the Matrix project. Motion by Councilmember GenseL seconded bv Councilmember Katz, to approve recommendation only to the extent that it applies to balance of the current fiscal year. The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Bloom, Mayor Holbrook None Mayor Pro Tern Shriver NOES: ABSENT: 3 June 13, 2006 CLOSED SESSIONS: Mayor Pro Tem Shriver arrived at 6:40 p.m. Members of the public Joe Natoli and Brian Hutchings opined as to the time closed sessions are held and as to the merits ofItem 2-A and 2-G. On order of the Mayor, the City Council recessed at 6:36 p.m., to hear closed sessions and returned at 8:02 p.m., with all members present, to report the following: 2-A: Public Employee Evaluation. Title of Employee: City Clerk ACTION: Heard. No reportable action taken. 2-B: Conference with Real Property Negotiators Property: remnant portion of 2101 21st Street City Negotiator: Miriam Mack Under Negotiations: Interest in Real Property Owner of Record: City of Santa Monica ACTION: Heard. No reportable action taken. 2-C: Conference with Legal Counsel- Existing Litigation: Margarita Gomez v. City of Santa Monica, Case No. SC 082581. ACTION: Not heard. 2-D: Conference with Legal Counsel- Existing Litigation: Wendy Mace" v. City of Santa Monica, Case No. SC 086932. Motion by Councilmember O'Connor. seconded by Councilmember Genser, to approve a settlement in the amount of $57,500, for a bike path injury. The motion was approved by the following vote: AYES: Councilrnernbers Genser, O'Connor, McKeown, Katz, Bloom, Mayor Pro Tern Shriver, Mayor Holbrook None None NOES: ABSENT: 2-E: Conference with Legal Counsel- Existing Litigation: Stewart Lamie v. City of Santa Monica, Case No. CV 04-6355. ACTION: Not heard. 4 June 13, 2006 2-F: Conference with Legal Counsel- Existing Litigation: Haruon Mehdipour v. City of Santa Monica, Case No. SC 083537. Motion by Councilmember O'Connor. seconded by Councilmember Katz, to approve payment of verdict in this case int he amount of $1,900,295.43. The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Bloom, Mayor Pro Tem Shriver, Mayor Holbrook None None NOES: ABSENT: 2-G: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Baron & Budd, P.C., Case No. BC 315186. ACTION: Not heard. 2-H: Conference with Legal Counsel- Existing Litigation: City adv. Shell Oil Company (arbitration regarding compliance with settlement agreement in City of Santa Monica v. Shell Oil Co., Case No. 01CC4331). ACTION: Not heard. 2-1: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): an estoppel and related claim(s) involving real property located at 923 20th Street. ACTION: Heard. No reportable action taken. STUDY SESSION: 3-A: Homeless Update Report, was presented by staff members. On order of the Mayor, the information was received and filed. SPECIAL ITEMS: 4-A: Mayor Holbrook issued a proclamation recognizing National Clean Beaches Week from June 29 to July 5, 2006, and encouraging all residents to visit, enjoy, and protect our greatest natural resource. 5 June 13, 2006 ORDINANCES: LAND USE PERMIT ENFORCEMENT 7-A: Second reading and adoption of Ordinance No. 2189 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 1.08.040 TO THE MUNICIPAL CODE RELATING TO ENFORCEMENT OF LAND USE PERMIT CONDITIONS BY PRIVATE CIVIL ACTIONS AGAINST PROPERTY OWNERS, was presented. Motion by Councilmember McKeown. seconded by Councilmember Katz, to adopt ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, O'Connor, Genser, Mayor Pro Tern Shriver, Mayor Holbrook NOES: None ABSENT: None CHARITABLY FUNDED 7-B: Second reading and adoption of Ordinance No. 2190 (CCS) FACILITIES - PROCESS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING CHAPTER 9.68 TO THE MUNICIPAL CODE RELATING TO PERMIT PROCESSING RELATED TO THE DEVELOPMENT OF CHARIT ABLY FUNDED, PUBLIC FACILITIES BY REQUIRING EXPEDITED PROCESSING AND REVIEW, was presented. Motion by Councilmember Katz. seconded by Covncilmember Genser, to adopt the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, O'Connor, Genser, Mayor Pro Tern Shriver, Mayor Holbrook NOES: None ABSENT: None AFFORDABLE HOUSING 7-C: Second reading and adoption of Ordinance No. 2191 (CCS) REQUIREMENTS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS 9.56.020,9.56.030, 9.56.040, 9.56.050, 9.56.060, AND 9.56.070 TO MODIFY THE OPTIONS FOR MEETING AFFORDABLE HOUSING REQUIREMENTS TO REQUlRE THE ON SITE OR OFFSITE DEVELOPMENT OF AFFORDABLE HOUSING UNITS IN CONJUNCTION WITH MULTI-FAMILY OWNERSmP HOUSING DEVELOPMENT IN MULTI-FAMILY RESIDENTIAL DISTRICTS WITH SPECIFIED EXCEPTIONS;' was presented. 6 June 13,2006 STAFF ITEMS: PURCHASE - 402 COLORADO A VENUE Motion by Mayor Holbrook. seconded by Councilmember Katz, that Council waive its rules of not having public comment during second readings of ordinances and hear public comment from members of the public that have requested to be heard. The motion failed by the following vote: AYES: Councilmember Katz, Mayor Pro Tern Shriver, Mayor Holbrook Councilmembers Genser, O'Connor, McKeown, Bloom None NOES: ABSENT: Motion by Councilmember McKeown. seconded by Councilmember Genser, to adopt ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, O'Connor, Genser, Mayor Pro Tern Shriver Councilmember Katz, Mayor Holbrook None NOES: ABSENT: 8-A: Acquisition of Property located at 402 Colorado Avenue- recommendation to adopt Resolution No. 10133 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING A NEGATIVE DECLARATION FOR THE PURCHASE OF PROPERTY LOCATED AT 402 COLORADO AVENUE"; authorize the City Manager to execute a Letter of Intent to acquire said property owned by Sears Holdings Company; authorize the City Manager to negotiate and execute Purchase and Sale Agreement No. 8600 (CCS); and appropriate $35,450,000 for acquisition of the property, was presented. Member of the public Joey Fullmer expressed various concerns. Motion by Councilmember O'Connor. seconded by Councilmember Katz, to adopt resolution, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, O'Connor, Genser, Mayor Pro Tern Shriver, Mayor Holbrook None None NOES: ABSENT: 7 June 13, 2006 FOOD-RELATED NON- RECYCLABLESBAN Motion by Councilmember Katz. seconded by Councilmember McKeown, to authorize the City Manager to execute a Letter of Intent to acquire property; to negotiate and execute a Purchase Agreement; and to appropriate proposed funds. The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, O'Connor, Genser, Mayor Pro Tern Shriver, Mayor Holbrook None None NOES: ABSENT: 8-B: Proposed ban of food-related expanded polystyrene and direction on actions related to plastic grocery bags and other non- recyclable plastic food packaging - recommendation to direct City Attorney to prepare an ordinance to ban the use of food-related expanded polystyrene food packaging within the City; direct that the food packaging be'discontinued from use at all City facilities, City-managed concessions and City-sponsored events; and provide staff with direction on possible additional City actions related to plastic grocery bags and other non- recyclable plastic food packaging, was presented. The following members of the public spoke in opposition to the proposal: Jeff Everett, Lanny, Andrew Casaria, Kenneth Hinett, Mike Levy, Tom Knox, Sumantha Martinez, Thomas Hulseman, Jim Hayes, and Melinda Amaya. The following members of the public spoke in support of the proposal: Joy Fullmer, Mark Gold, Janabe Amsden, Allan Lee Haskell, and Jerry Rubin. Motion by Councilmember McKeown. seconded by Councilmember Katz, to direct staff to prepare an ordinance banning all non-recyclable plastic food and containers, excluding from the definition of packaging lids and straws, direct that the use of such products be discontinued immediately from City functions, and return with information on plastic bags. In addition, staff to work on language and process for hardship exemptions. Motion by Councilmember Genser to add a date for Council review of the effects of the ordinance at some point in the future. The motion was accepted as friendly. The motion was approved by the following vote: 8 June 13,2006 GENERAL ELECTION NOVEMBER 7,2006 PROPOSED CHARTER AMENDMENTS AYES: Councilmembers Bloom, Katz, McKeown, O'Connor, Genser, Mayor Pro Tem Shriver, Mayor Holbrook None None NOES: ABSENT: 8-C: Adoption of Resolutions related to the General Municipal Election to be held on November 7, 2006 - recommendation that the City Council adopt Resolution No. 10134 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CALLING THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2006"; Resolution No. 10135 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION"; Resolution No. 10136 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING SERVICES FROM THE L.A. COUNTY REGISTRAR- RECORDER FOR THE GENERAL MUNICIPAL ELECTION'; and Resolution No. 10137 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY CLERK TO OBTAIN CONSULTANT SERVICES AND SUPPLIES REQUIRED FOR THE CONDUCT OF THE ELECTION'; was presented. Member of the public Brian Hutchings expressed various concerns. Motion by Councilmember Genser. seconded by Mayor Pro Tern Shriver, to adopt resolutions, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, O'Connor, Genser, Mayor Pro Tern Shriver, Mayor Holbrook None None NOES: ABSENT: 8-D: Ballot measures to remove Department Head positions from Classified Service and convert positions to "At Will"; to remove reference to specific Department Head positions; to grant City Manager ultimate authority to make appointments to all Department Head positions without obtaining approval of a Board or Commission; to change the certification process for non-promotional recruitments; and to eliminate the time limit on temporary appointments, were presented. There was no one present for public comment. 9 June 13, 2006 Discussion ensued on the merits fo the proposal, the positions considered, the current Human Resources practices, the needs of the City, and the need to include the City Clerk's position and department. Motion by Mayor Pro Tern Shriver. seconded by Councilmember Bloom, to approve recommendation. Motion to amend by Councilmember Genser, amended to request staff to place discussion of charter amendment proposal on relevant commissions' agendas; ask for option that includes a time-standard for temporary appointments; provide information on modifying or clarifying City Clerk's status regarding civil service in order to establish a similar relationship that the City Attorney and the City Manager have with Council, giving the City Clerk civil service protection for discipline; and to include the same consideration for the Assistant City Clerk's position, and other City Clerk staff. The motion was accepted as friendly. The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, O'Connor, Genser, Mayor Pro Tern Shriver, Mayor Holbrook None None NOES: ABSENT: COUNCIL ITEMS: APPOINTMENTS 13-A: Appointment to one special vacancy on tbe Social Services Commission for a term ending June 30, 2007. On order of the Mayor, this matter was continued to June 27,2006. HISTORIC LANDMARKS 13-B: Request of Councilmember McKeown that tbe Council allocate, WALKING TOUR from the remaining monies in the City Council contingency fund for fiscal year 2005-2006, tbe amount of $10,500 to the Santa Monica Conservancy, to publish materials for a downtown historic landmarks walking tour; and, tbe amount of $30,000 to tbe 18tb Street Arts Center, as matching funds toward their anticipated grant from tbe California Cultural and Historical Endowment, was presented. Members of the public Carol Limlein and Ian Williamson spoke in support of the request. Discussion ensued on the merits of the request, the past practice of Council in approving similar requests, and the absence of process in approving these types of funds. 10 June 13, 2006 AB32 PUBLIC INPUT: ADJOURNMENT: Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve request. Substitute motion by Mayor Pro Tern Shriver, seconded by Councilmember Katz, to encumber $33,560 in funds into next year's Council discretionary account and notifY the public of its availability so proposals can be made to Council for consideration. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Katz, Mayor Pro Tern Shriver, Mayor Holbrook Councilmembers Genser, McKeown, Bloom NOES: 13-C: Request of Councilmember McKeown that the Council support AB 32, the" California Global Warming Solutions Act of 2006," co- authored by our own state representatives Assemblymember Fran Pavleyand Senator Sheila Kuehl, and convey our City's support to the Governor and appropriate state legislators, was presented. Member of the public Brian Hutchings expressed various concerns. Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with all members present. Member of the public Art Casillas expressed concerns regarding security issues with his neighbor. On order of the Mayor, the City Council meeting was adjourned at 12:07 a.m., in memory of Chuck Allord, Santa Monica native, long time neighborhood activist. APPROVED: ~~ Maria M. Stewart City Clerk Robert T. Holbrook Mayor 11 June 13,2006