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M-9/12/2006 CITY OF SANTA MONICA CITY COUNCIL MINUTES September 12, 2006 A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 5:53 p.m., on Tuesday, September 12,2006, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Robert T. Holbrook Mayor Pro Tern Bobby Shriver (Arrived at 8:13 p.m) Councilmember Richard Bloom Councilmember Ken Genser Councilmember Herb Katz Councilmember Kevin McKeown Councilmember Pam O'Connor (Arrived at 6:01 p.m.) Also Present: City Manager P. Lamont Ewell City Attorney Marsha Jones Moutrie Acting City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:53 p.m., with Mayor Pro Tern Shriver and Councilmember O'Connor absent. Mayor 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 Joy Fullmer, Joe Natoli and Jerry Rubin provided input on various Consent Calendar items. At the request of Councilmember McKeown, Items I-C, 1-E and 1-H were removed from the Consent Calendar. Motion by Councilmember Katz, seconded by Councilmember McKeown, to approve all items on the Consent Calendar as presented except Items I-C, I-E and I-H, reading resolutions by title only and waiving further reading thereof. 1 September 12, 2006 MINUTES BICYCLE AND PEDESTRIAN PATH AQUARIUM RE-ROOFING PROJECT YALE STREET IMPROVEMENT PROJECT COMMUNITY ENERGY INDEPENDENCE INITIATIVE DEMONSTRATION PROJECT The motion was approved by the following vote: AYES: Councilmembers Genser, McKeown, Katz, Bloom, Mayor Holbrook None Councilinember O'Connor, Mayor Pro Tern Shriver NOES: ABSENT: I-A: The minutes of June 27, July 3, and July 11,2006, City Council meetings were approved as submitted. I-B: Contract for Exposition Corridor Bicycle and Pedestrian Path - recommendation to authorize the City Manager to negotiate and execute Agreement No. 8628 (CCS) with Crain & Associates, in the amount of$537,000, for design, bid preparation and construction monitoring of the Exposition Corridor Bicycle and Pedestrian Path, was approved. I-D: Heal the Bay Aquarium re-roofing project - recommendation to authorize the City Manager to award Contract No. 8630 (CCS) to John S. Meek Company, Inc., in the amount of$212,840, for the re-roofing project; and, authorize the City Manager to negotiate and execute reimbursement Agreement No.8631 (CCS), with Heal the Bay in the amount of $78,808, was approved. I-F: Yale Street improvement project - recommendation to award a construction Contract No. 8633 (CCS) to Griffith Company, in the amount of $969,662 for the Yale Street Improvement Project, was approved. I-G: Community Energy Independence Initiative Demonstration Project - recommendation to authorize the City Manager to negotiate and execute Agreement No. 8634 (CCS), with EcoMotion, in the amount of $494,975, to provide project development and implementation services for the Community Energy Independence Initiative Demonstration Project, was approved 2 September 12, 2006 WATER INFRASTRUCTURE GRANT GANG INTERVENTION Councilmember 0 'Connor arrived at 6:01 p.m. WOODLAWN CEMETERY LANDSCAPING I-I: Water infrastructure Reliability Project- recommendation to accept u.s. Environmental Protection Agency Grant Funds in the amount of$529,900 for the project; and authorize the necessary budget appropriations, as proposed in the report, was approved. I-C: Gang intervention program grant funds - recommendation that the City Council accept Agreement No. 8629 (CCS) with U.S. Department of Justice, for grant funds in the amount of $246,807, over a three-year period for a focused gang intervention program, Night Bridges, at Virginia A venue Park; authorize the City Manager to execute necessary agreements; and appropriate funds and make necessary budget changes, was presented. Councilmember McKeown advised that he removed this item from the Consent Calendar to question what the community involvement will be in the decision-making process. Staff answered questions of Councilmembers. Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve staff recommendation with the understanding that there will be intense community involvement. 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: l-E: Woodlawn Cemetery landscaping services - recommendation to authorize the City Manager to negotiate and execute Contract No. 8632 (CCS) with Valley Crest Landscape Maintenance, in the amount of $221,796, for grounds maintenance at Woodlawn Cemetery, was presented. Councilmember McKeown advised that he removed this item from the Consent Calendar out of concern over the outsourcing of services, and to ask the reason and the duration of the outsourcing. Staff responded to questions from Councilmembers. 3 September 12, 2006 REVIEW SOLID WASTE SERVICES SPECIAL AGENDA ITEMS CLOSED SESSIONS Motion by Councilmember McKeown, seconded by Councilmember Katz, to approved staff recommendation. 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: 1-H: Operations, financial, and rate review of Solid Waste Services - recommendation to authorize the City Manager to negotiate and execute a second amendment to Contract No. 8524 (CCS) with Gershman, Brickner and Bratton, in the amount of $240,000 for review of solid waste services, was presented. Councilmember McKeown advised that he removed this item from the Consent Calendar to make sure that the wording in this contract will clarify the discrepancies between the initial analysis and the revised analysis presented on July 11, 2006. Staff responded to questions from Councilmembers. Motion by Councilmember McKeown. seconded by Councilmember Katz. to approve staff recommendation. 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: 4-A: Commendation to Little League California District 25 Girls Minor League "Angels" Softball Team - Tournament of Champions winners. Mayor Holbrook recognized the participants and coaches in this activity and conveyed Council's support and encouragement for future endeavors. Public member Joe Natoli spoke on various closed session items. On order of Mayor Holbrook, the City Council recessed at 6:16 p.m., to consider closed sessions and returned at 7:46 p.m., with Mayor Pro Tern Shriver absent, to report the following: 4 September 12, 2006 2-A: Conference with real property negotiator: Property: 120 Colorado Avenue City Negotiator: Miriam Mack Under negotiation: Interest in Real Property Owner of Record: Felcor Hotel Asset Company LLC ACTION: Not heard. 2-B: Conference with real property negotiator: Property: 1632-36 5th Street City Negotiator: Miriam Mack Under negotiation: Interest in Real Property Owner of Record: Jandy, LLC ACTION: Not heard. 2-C: Conference with real property negotiator: Property: 1640 5th Street City Negotiator: Miriam Mack Under negotiation: Interest in Real Property Owner of Record: Martin H. Waldman, et. al. ACTION: Not heard. 2-D: Conference with real property negotiator: Property: 1301-33 4th Street City Negotiator: Miriam Mack Under negotiation: Interest in Real Property Owner of Record: Virginia Tegner Spurgin Investments Company ACTION: Not heard. 2-E: Conference with real property negotiator: Property: 1415-27 5th Street City Negotiator: Miriam Mack Under negotiation: Interest in Real Property Owner of Record: Mark S. Romney ACTION: Not heard. 2-F: Conference with real property negotiator: Property: 1437 5th Street City Negotiator: Miriam Mack 5 September 12, 2006 Under negotiation: Interest in Real Property Owner of Record: PRU/JSM Trino ACTION: Not heard. 2-G: Conference with real property negotiator: Property: 1334 5tb Street City Negotiator: Miriam Mack Under negotiation: Interest in Real Property Owner of Record: Sunnyside Group, et. al. ACTION: Not heard. 2-H: Conference with real property negotiator: Property: 1338-42 5tb Street City Negotiator: Miriam Mack Under negotiation: Interest in Real Property Owner of Record: Bryan Family Trust ACTION: Not heard. 2-1: Conference with real property negotiator: Property: 1324 5th Street City Negotiator: Miriam Mack Under negotiation: Interest in Real Property Owner of Record: Taking 5tb LLCIHILD ACTION: Not heard. 2-J: Conference with real property negotiator: Property: 2715 Exposition Bouelvardl1800 Stewart Street City Negotiator: Miriam Mack Under negotiation: Interest in Real Property Owner of Record: Richlar Partnership Lease ACTION: Not heard. 2-K: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Baron & Budd. P.c., Case No. BC 315 186. ACTION: Heard. No reportable action taken. 6 September 12, 2006 Councilmember Katz was excused at 7:59 p. m. 2-L: 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: Heard. No reportable action taken. 2-M: Conference with Legal Counsel- Existing Litigation: Abraham Supino v. City of Santa Monica, Case No. SC 080 283 and related cases (Farmer's Market Litigation) (Claim of Evanston Insurance). Motion by Councilmember O'Connor, seconded by Mayor Holbrook, to approve settlement to split the claimed amount, the city to pay $113,538.13 and Bayside would bear the remainder of the attorney's cost. The amount the city is paying to be applied to the city's self-insured retention. AYES: O'Connor, Councilmembers Bloom, Katz, McKeown, NOES: ABSENT: Genser, Mayor Holbrook None Mayor Pro Tern Shriver 2-N: Conference with Legal Counsel- Existing Litigation: Palisades Beach Property Owners Association. Inc. v. City of Santa Monica, Case No. BS 103 819. Councilmember Katz advised he has a conflict of interest in this matter and requested to be excused. Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve a settlement agreement as follows: 1. The City shall enter into and abide by separate agreements with the Annenberg Foundation and the California Department of Parks and Recreation, that provide that certain specified operating conditions will be in place for at least 10 years and others for at least 7Yz years. 2. The City shall include the specified conditions in the Coastal Commission permit request and advocate for the inclusion of the conditions in the Coastal permit. 7 September 12, 2006 3. The parties shall jointly use their best efforts to obtain Caltrans' approval of a traffic signal at 415 PCH. 4. The settlement agreement is contingent on the City Council adopting a resolution expressing its intent that certain specified operating conditions will be in place for at least 10 years and others for at least 711z years. 5. Once the City has adopted the resolution and entered into the agreement with the Foundation, the plantiffs Palisades Beach Road Property Owners Association and Jonathan Ornstein shall dismiss their lawsuit with prejudice, shall provide covenants not to sue and will release the City from all liability in connection with the project. The Association and Ornstein reserve their right to seek enforcement of the Settlement Agreement terms and operating conditions. 6. Each party shall bear their own costs and attorneys' fees. The motion was approved by the following vote: AYES: Council members Genser, O'Connor, McKeown, Bloom, Mayor Holbrook None Councilmember Katz and Mayor Pro Tem Shriver NOES: ABSENT: 2-0: Conference with Legal Counsel- Existing Litigation: Fifth/Arizona Investors. LLC v. City of Santa Monica, 2nd Civ. No. B188512. ACTION: Heard. No action reportable taken. 2-P: Conference with Legal Counsel- Existing Litigation: Russell Barnard v. City of Santa Monica, Case No. BC 281 367. Motion by Councilmember Katz, seconded by Councilmember O'Connor, to approve a settlement as follows: The City to waive its cost and dismiss its appeal in exchange for Mr. Barnard 8 September 12,2006 dismissing his appeal and the city will receive approximately $175,000 reimbursement in fees from the insurer. AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Bloom, Mayor Holbrook None Mayor Pro Tern Shriver NOES: ABSENT: 2-Q: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): one matter involving real property at 161 Ocean Park Boulevard; one matter involving a challenge to Ordinance Number 2191 (CCS) (affordable housing requirements); Claim of Stephanie Barbanell regarding Seaview Terrace; Claim of R. Demetriou regarding Woodlawn Cemetery; and Claims of reimbursement for parking citation overpayments. ACTION: Heard. No reportable action taken. ORDINANCES: 7-A: Introduction and adoption Ordinance No. 2204 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING THE 2006/07 TAX RATE FOR THE LIBRARY GENERAL OBLIGATION BONDS," was presented. LIBRARY GENERAL OBLIGATION BONDS Councilmember Katz returned at 8:01 p.m. There was no one present for public comment. Motion by Councilmember O'Connor, seconded by Councilmember Katz, to introduce and adopt the ordinance, reading by title only and waiving further reading thereof. 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: On order of the Mayor and at the request of staff, Item 7 -C to be heard before Item 7- B. MODIFYING 7-C: Introduction and first reading of an ordinance DEVELOPMENT modifying the development standards and review processes in STANDARDS IN THE Rl the Rl Sunset Park and north of Wilshire neighborhoods 9 September 12, 2006 SUNSET AND NORTH OF including, but not limited to, standards and review related to WILSHIRE setbacks, step backs, maximum parcel coverage, second floor NEIGHBORHOODS parcel coverage, garages and garage doors, architectural projections, balconies and porches, and architectural review of specified structures and clarifYing the second floor parcel coverage standard as it applies in these and in the North of Montana neighborhoods. The City Council may also consider extending these or similar modifications to the Rl District located north of Pico Boulevard and south of Exposition Mayor Pro Tern Shriver Boulevard, was presented. arrived at 8: 13 p.m. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Councilmember Genser, to introduce the ordinance for first reading and amend the staff recommendation to include the Planning Commission's additions to change the 12.5 foot grade change to 8 percent over the length of a property. Substitute motion by Councilmember Katz, seconded by Councilmember Genser, to accept staff s recommendation and leave the grade difference at 12.5 feet and not change it to the 8 percent suggested. The substitute motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, O'Connor, Genser, Mayor Pro Tern Shriver, Mayor Hobrook Councilmember McKeown None NOES: ABSENT: Councilmember McKeown stated for the record, that he voted "no" because the appropriate exercise of discretion is an important part of what the city should be doing for neighbors and neighborhoods of our city and that this as adopted doesn't allow for that discretion in a small but important number of cases, particularly in Sunset Park. AMENDING ARTICLE 9 7-B: Introduction and first reading of an ordinance amending Article 9 of the Municipal Code to modifY project design and property development standards for specified uses in certain residential, commercial and industrial districts in the city including, but not limited to, standards related to permitted building heights, exceptions to the height limit, unit density, parcel coverage, floor area and architectural design 10 September 12, 2006 review criteria. The City Council may also consider modifications related to other administrative and discretionary review procedures and possible changes to the City's Affordable Housing Production Program, was presented. Members of the public Joy Fullmer, Hank Koning, David Hibbert, Tom Larmore, John Bohn, Dwight Flowers, Chris Harding and Ken Kutcher spoke in opposition to the proposed ordinance. Members of the public Dennis Zane, Zina Jospehs, Jacob Samuel, Jeanne Dodson, Diana Gordon, Arthur Harris, Genise Schnitman, Joan Ling, and Jan Williamson spoke in favor of the proposed ordinance with suggested changes and amendments. Motion by Councilmember McKeown. seconded by Councilmember Genser, to approve staff recommendation with the Planning Commission's recommendations. Amendment motion by Councilmember Katz. seconded by Councilmember O'Connor, to maintain building heights as they are letting the projection of mechanical elevators and stairs stay as they are and that the LEEDs be a preferred element to any project. The proposed amendment was withdrawn by Councilmember Katz. Amendment motion by Councilmember O'Connor. seconded by Councilmember Katz, that projects that have LEED's gold or platinum certification be considered "preferred projects" and receive a preferred permit. The motion was approved by the following vote: AYES: Pro Tern Councilmembers O'Connor, Katz, Bloom, Mayor NOES: ABSENT: Shriver, Mayor Holbrook Councilmembers McKeown, Genser None Councilmember McKeown stated for the record, that his "no" vote on the amendment reflects his concern that it gives too much incentive to high end condos replacing affordable and other desirable housing. 11 September 12, 2006 VILLAGE HOUSING IN THE CIVIC CENTER ADJOURNMENT OF SPECIAL JOINT MEETING Amendment motion by Councilmember Bloom, seconded by Councilmember Katz, that market rate apartments that are LEED silver certified have preferred status. Discussion ensued on the merits ofthe project and the motions considered. It was the consensus of Council to continue this matter to allow ample time for discussion. Motion by Councilmember Genser, seconded by Councilmember O'Connor, to continue this item September 26,2006 and hold a second reading at an adjourned meeting on October 3,2006. The motion was unanimously approved by voice vote, with all members present. SPECIAL JOINT MEETING WITH THE REDEVELOPMENT AGENCY: On order of the Mayor, the regular meeting of the City Council was recessed and a special joint meeting with the Redevelopment Agency was convened at 11 :54 p.m., with all members present. 8-A: Village Housing in Civic Center - recommendation that Council support flexibility in the design of the Village component of the Civic Center Specific Plan by allowing some building heights up to 65 feet, to allow modifications to building setback and step back requirements and to allow reconfigured public open spaces, was presented. There was no one present for public comment. Motion by Councilmember Katz, seconded by Councilmember Bloom, to approve staff recommendation. 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: On order ofthe Mayor, the special joint meeting with the Redevelopment Agency was adjourned at 12:05 a.m., and the regular City Council meeting reconvened, with all members 12 September 12, 2006 SOCIAL SERVICES COMMISSION Councilmember Bloom, excused at 12:00 a.m. ANNUAL APPOINTMENTS RESCIND ARTS COMMISSION APPOINTMENT OPPOSE AB 2449 present. 13-A: Appointment to one special vacancy on the Social Services Commission for a term ending June 30, 2007. On order of the Mayor, this matter was continued to September 26, 2006. 13-B: Annual appointments to the following boards and commISSIOns: Board/Commission Bayside District Corporation Commission for the Senior Community Commission on the Status of Women Convention & Visitors Bureau Recreation & Parks Commission No. of Appts. 1 2 1 I 1 Term Ending 06/30/2010 06/3012010 06/30/2010 06/30/2010 06/30/2020 On order of the Mayor, this matter was continued to September 26, 2006. 13-C: Recommendation to rescind the July 11,2006, appointment of Jacob Samuel to the Arts Commission; and, consider new appointment to the vacancy on the Commission with a term ending June 30, 2010. There was no one present for public comment. Motion by Mayor Pro Tern Shriver. seconded by Councilmember Genser. to rescind the appointment and continue the vacancy to September 26, 2006. The motion was unanimously approved by voice vote, with Councilmember Bloom absent. 13-D: Request of Councilmember McKeown that in order to preserve Santa Monica's local jurisdictional power to responsibly monitor and control the use of environmentally damaging products, the Council oppose the Governor's signing of AB 2449 as amended, which usurps local control over regulating plastic carry-out bags, was presented. There was no one present for p~blic comment. Motion by Councilmember McKeown, seconded by 13 September 12, 2006 TOBACCO TAX ACT OF 2006 UPDA TE ZONING ORDINANCE PUBLIC INPUT: ADJOURNMENT: Councilmember Katz, to approve recommendation. The motion was unanimously approved by voice vote, with Councilmember Bloom absent. 13-E: Request of Council member Bloom that the City Council adopt the proposed resolution in support Proposition 86, the Tobacco Tax Act of 2006 which if passed by voters in November 2006 would raise the state's tobacco tax by an additional $2.60/pack to reduce smoking, especially among children, and fund critical health care priorities, thereby reducing the healthcare cost burden on state and local governments; and reduce tobacco use, was presented. On order of the Mayor, this matter was continued to September 26, 2006. 13-F: Request of Mayor Holbrook and Councilmember Katz that Council direct staff to prepare an ordinance amending the Santa Monica Zoning Code to increase minimum required lot sizes and dimensions on neighborhood streets of the Rl District, North of Montana, that have historically contained larger lot sizes, including direction to prepare the ordinance in advance of the comprehensive update to the Zoning Ordinance, was presented. Member ofthe public Ivo Stoka spoke in support of the request. Motion by Mayor Holbrook, seconded by Mayor Pro Tern Shriver, to approve the request. The motion was unanimously approved by voice vote, with Councilmember Bloom absent. Members of the public Brian Canning, Trisha Roth and Melvin Klein discussed various issues and concerns. On order of the Mayor, the City Council meeting was adjourned at 12:27 a.m. to September 26,2006, in memory of Phillip Whiting, Gerald Condon, Deforrest "Moe" Most, and Danny Mejia. ATTEST: APPROVED: ~~~ '" / . Denise Anderson- Warren Acting City Clerk Robert T. Holbrook Mayor 14 September 12, 2006