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M-081407CITY OF SANTA MONICA CITY COUNCIL MINUTES AUGUST 14, 2007 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:51 p.m., on Tuesday, August 14, 2007, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Tem Herb Katz Councilmember Ken Genser Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Pam O'Connor Councilmember Bobby Shriver Also Present: City Manager P. Lamont Ewell Assistant City Attorney Joseph Lawrence City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:51 p.m., with all members present. Ellen Gelbard, Assistant Director of Planning and Community Development, 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, George Wolfberg, M. Ross, Yvonne Raphael, Jerry Rubin, Ken Ward, and Brian Hutchings commented on various Consent Calendar items. At the request of Councilmember Genser, Items 1-I and 1-G were removed from the Consent Calendar. At the request of Councilmember Shriver, Item I-E was removed from the Consent Calendar. Motion by Mayor Pro Tem Katz. seconded by Councilmember Genser, to approve all items on the Consent Calendar as presented except Items 1-E, 1-G, and 1-I, reading resolutions by title only and waiving fiu~ther reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, August 14, 2007 McKeown, Mayor Pro Tem Katz, Mayor Bloom NOES: None ABSENT: None MINUTES 1-A: The minutes July 24, 2007, City Council meeting were approved as submitted. URBAN AREA 1-B: Acceptance and appropriation of FY 2006 Urban Area SECURITY GRANT Security Initiative Grant Funds -recommendation to authorize the FUNDS City Manager to accept the FY 2006 Urban Area Security Initiative Grant, and authorize budget changes in the report, was approved. 1829 11TH STREET 1-C: Resolution No. 10232 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP NO. 67756 FORA 3-UNIT CONDOMINIUM PROJECT AT 1829 ELEVENTH STREET," was adopted. CASH MGMT. SOFT- 1-D: Purchase of Cash Management Software System - WARE SYSTEM recommendation to authorize the City Manager to execute Contract No. 8812 (CCS) with The Active Network, in the amount of $235,000, for the purchase of a cash management software system and related hardware, and annual maintenance costs in the amount of $22,300 per year for five , years, was approved. 2219 OCEAN AVENUE 1-F: Certification of Statement of Official Action denying Appeal of Landmarks Commission Designation of the Property at 2219 Ocean Avenue as a City Landmark, was approved. CONGESTION MGMT. 1-H: Public Hearing held, and Resolution No. 10234 (CCS) PROGRAM entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA FINDING THE CITY TO BE IN COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM AND ADOPTION OF RELATED DEVELOPMENT REPORT," was adopted. RADIO COMMUNICA- 1-E: Contract with Motorola for maintenance of Police and Fire TION EQUIPMENT Radio Communication Equipment- recommendation to authorize the City Manager to waive competitive bidding and negotiate and execute Councilmember Shriver Contract No. 8813 (CCS) sole source contract with Motorola, in the was excused at 6: 07 p. m. amount of $123,915, to continue maintenance and repair agreements with Police and Fire for radio communication equipment for a period of one year, with three additional one-year renewal options, was presented. Councilmember Shriver advised he had a conflict of interest with this August 14, 2007 matter and requested to be excused. Motion by Councilmember Genser, seconded b~yor Pro Tem Kati to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, O'Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom NOES: None ABSENT: Councilmember Shriven TENANT RELOCATION I-G: Resolution No. 10233 (CCS) entitled: "A RESOLUTION OF BENEFITS THE CITY OF SANTA MONICA QUANTIFYING PER DIEM AMOUNTS FOR TEMPORARY TENANT RELOCATION Councilmember Shriven BENEFITS," was presented. returned at 6.• 08 p. m. Councilmember Genser advised he removed this item from the Consent Calendar to ask a question as to how the action recommended related to mobile homes. Assistant City Attorney Joseph Lawrence responded to the question. Motion by Councilmember Genser, seconded by Mavor Pro Tem Kati to adopt resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriven, Genser, O'Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom NOES: None ABSENT: None PALISADES BLUFF 1-I: Resolution No. 10235 (CCS) entitled: "A RESOLUTION OF IMPROVEMENT THE CITY OF SANTA MONICA APPROVING MITIGATED NEGATIVE DECLARATION/MITIGATION MONITORING REPORTING PROGRAM FOR THE PALISADES BLUFF IMPROVEMENT PROJECT; AND AUTHORIZE THE CITY ENGINEER TO PROCEED WITH THE DEVELOPMENT OF BIDDING DOCUMENTS TO IMPLEMENT THE PROJECT," was presented. Councilmember Genser advised he removed this item to get some clarification related to the scope of the project and to traffic monitoring and mitigation. Staff clarified the phases of the project and their impact. Motion by Councilmember Genser, seconded by Mavor Pro Tem Katz, to August 14, 2007 adopt resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom NOES: None ABSENT: None RECESS TO SPECIAL On order of the Mayor, the regular City Council meeting was recessed at JOINT MEETING 6:12 p.m., to a joint meeting with the Redevelopment Agency with all members present. 2xn AND 4T" STREET SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE IMPROVEMENTS REDEVELOPMENT AGENCY: 1-J: Award of Contracts for 2"d and 4`" Streets Pedestrian & Streetscape Improvements -recommendation that Council award a construction contract to Griffith Company, in the amount of $7,248,650, for a total amount not to exceed $7,611,083; authorize the City Manager to negotiate and execute a professional services agreement with PBS&J Company, in the amount of $600,000, for construction management services; authorize the City Manager to execute a Cooperation Agreement between the City and the Redevelopment Agency for costs associated with the 2"d and 4~' Streets Pedestrian and Streetscape Improvement Project (Project); and adopt a resolution finding the proposed improve-ments are of benefit to the Earthquake Recovery Redevelopment Project Area. Recommendation that the Redevelopment Agency authorize the Executive Director to execute a Cooperation Agreement between the City and the Redevelopment Agency for payment of costs associated with the Project; and adopt a resolution finding that the proposed improvements are of benefit to the Earthquake Recovery Redevelopment Project area, was presented. Members of the public Joey Fullmer, Andrew Nestler, Michele Modglin, Kathy Knight, Dan Jansenson, Alex Mann, Reina Alvarez, Isaac Cramlet, Joe Natoli, Arthur Harris, Chris Paine, and Jerry Rubin spoke in opposition of the removal of healthy trees as part of the project. Members of the public Barbara Bryan and Kathleen Rawson spoke in support of the project. Motion by Councilmember McKeown, to approve recommendation, 4 August 14, 2007 amended to eliminate the removal of healthy trees. The motion failed for lack of a second. Motion by Councilmember Genser. seconded by Mayor Pro Tem Kati to award Contract No. 8813 (CCS) to Griffith Company; and authorize the City Manager to negotiate and execute Agreement No. 8814 (CCS) with PBS&J Company. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, Mayor Pro Tem Katz, Mayor Bloom NOES: Councilmember McKeown ABSENT: None Councilmember McKeown stated, for the record, that he voted in opposition because he believes the removal of healthy mature shade trees is an unwise use of public funds and runs counter to the City's environmental commitment to preserving and augmenting the City's urban forest. Motion by Agency/Councilmember O'Connor. seconded by Agency/ Councilmember Genser, authorize the City Manager/Executive Director to execute Cooperation Agreement No. 8815 (CCS/RAS) between the City and the Redevelopment Agency for payment of costs associated with the Project; and adopt respective Resolution Nos. 10237 (CCS) and 504 (RAS) finding that the proposed improvements are of benefit to the Earthquake Recovery Redevelopment Project area. The motion was approved by the following vote: AYES:. Agency/Councilmembers Holbrook, Shriver, Genser, O'Connor, Chair Pro Tem/Mayor Pro Tem Katz, Chair/Nlayor Bloom NOES: Agency/Councilmember McKeown ABSENT: None Agency/Councilmember McKeown stated, for the record, that he voted in opposition because he believes the removal of healthy mature shade trees is an unwise use of public funds and runs counter to the City's environmental commitment to preserving and augmenting the City's urban forest. RECESS OF SPECIAL On order of the Mayor, the City Council recessed the special joint JOINT MEETING meeting at 7:18 p.m., and reconvened to its regular meeting with all members present. August 14, 2007 CLOSED SESSIONS: Member of the public Brian Hutchings commented on the closed session item listed as 2-E. On order of the Mayor, the City Council recessed to hear closed sessions at 7:20 p.m., and returned at 8:51 p.m., with all members present to report the following: 2-A: Public Employee Evaluations. Title of Employees: City Attorney, City Clerk, City Manager Assistant City Attomey Lawrence reported this matter was not heard. 2-B: Conference with Legal Counsel -Existing Litigation: Jadv Austin v. City of Santa Monica, Case No. BC 350470. Motion by Councilmember O'Connor, seconded by Councilmember Holbrook, to approve settlement in the amount of $19,000. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Katz, Mayor Bloom NOES: None ABSENT: None 2-C: Conference with Legal Counsel -Existing Litigation: Peter Tarbox v. City of Santa Monica, Case No. SC 091328. Motion by Councilmember O'Connor, seconded by Councilmember Holbrook, to approve settlement in the amount of $38,500. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Katz, Mayor Bloom NOES: None ABSENT: None 2-D: Conference with Legal Council -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(6): one dispute involving real property at 2219 Ocean Avenue. Assistant City Attorney Lawrence reported this matter was not heard. 6 August 14, 2007 2-E: Conference with Legal Counsel -Existing Litigation: Ci of Santa Monica, et al. v. City of Los Angeles (Playa Vistaj, Case No. B189630. Assistant City Attorney Lawrence reported this matter was not heazd. 2-F: Conference with Legal Counsel -Existing Litigation: Ci of Santa Monica v. Baron & Budd. P.C., Case No. BC 315186. Assistant City Attorney Lawrence reported this matter was heard, and no reportable action was taken. 2-G: Conference with Legal Counsel -Existing Litigation: In the Matter of Compliance with Federal Obligations by the City of Santa Monica, California, FAA Docket No. 16-02-08. Assistant City Attorney Lawrence reported this matter was heazd, and no reportable action was taken. 2-H: Conference with Legal Counsel -Existing Litigation: Batul Hadjian Torab v. City of Santa Monica, Los Angeles Superior Court Case No. SC 085339. Assistant City Attorney Lawrence reported this matter was not heard. ORDINANCES: 7-A: Second reading and adoption of Interim Ordinance No. 2236 HEDGES, FENCES, (CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY OF WALLS SANTA MONICA TO EXTEND THE CURRENT INTERIM ORDINANCES MODIFYING FENCE, WALL AND HEDGE STANDARDS, GRAND-PARENTING EXISTING NONCONFOR- MING HEDGES, FENCES AND WALLS, AND ESTABLISHING ADMINISTRATIVE AND DISCRETIONARY HEIGHT MODIFICA- TION PROCEDURES; TO CLARIFY THE CRITERIA FOR ASSESSING OBJECTIONS TO NONCONFORMING FENCES, WALLS AND HEDGES; TO REQUIRE ALL LEGAL NONCONFOR- MING FENCES, WALLS, AND HEDGES TO BE REGISTERED, TO REQUIRE THE MAINTENANCE OF HEDGES; AND TO SPECIFY A SELF-HELP REMEDY FOR OVERHANGING HEDGES," was presented. Motion by Mayor Pro Tem Katz. seconded by Councilmember O'Connor, to adopt ordinance, reading by title only and waiving further 7 August 14, 2007 reading thereof The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom NOES: None ABSENT: None LIBRARY OBLIGATION 7-B: First reading and adoption of Ordinance No. 2237 (CCS) BONDS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA SETTING THE 2007/08 TAX RATE FOR THE 1990 AND 2002 LIBRARY GENERAL OBLIGATION BONDS," was presented. There was no one present for public comment. Motion by Mayor Pro Tem Katz, 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 Holbrook, Shriver, Genser, O'Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom NOES: None ABSENT: None STAFF ITEMS: CONTINUED SPECIAL JOINT MEETING OF THE CITY CIVIC CENTER COUNCIL AND THE REDEVELOPMENT AGENCY: VILLAGE On order of the Mayor, the regular City Council meeting was recessed at 8:56 p.m., and the joint special meeting of the City Council and the Redevelopment Agency was reconvened with all members present. 8-A: Village Residential, Open Space, and Retail Components of the Civic Center Specific Plan; and alternative concept plan for the Civic Center Village -recommendation that the Redevelopment Agency approve in concept proposed plan for Village residential, open space and neighborhood-serving retail programs for entitlement applications; and authorize the Related Companies of California to apply fora Develop- ment Agreement and related entitlement applications and discrete amendments to the Civic Center Specific Plan. Recommendation that City Council authorize staff to begin Development Agreement negotiations with the Related Companies of California, was presented. The following members of the public commented, expressed concerns, and provided ideas and suggestions for the project: Joey Fullmer, Beth August 14, 2007 Leder-Pack, Stephanie Bazbanell, Bruria Finkel, Ken Ward, Mazgazet Mills, Joanne Leavitt, Abby Arnold, Paul De Santis, Tony Vasquez, Joe Natoli, Fred Whitlock, Jerry Rubin, Mazie Blakey, Janet McKeithen, Mazilyn Korade Wilson, Susan Love Longhmiller, Patricia Hoffman, Joan Ling, Arthur Harris, Gregg Brogger, Mario Fonds Bonardi and Mike Feinstein. Motion b~gencv Member McKeown, seconded by Chair Pro Tem Katz, approve in concept proposed plan for Village residential, open space and neighborhood-serving retail programs for entitlement applications; and authorize the Related Companies of California to apply for aDevelop-ment Agreement and related entitlement applications and discrete amendments to the Civic Center Specific Plan, based on the general massing as presented by staff including the shown, or significantly greater, stepbacks off of Ocean Avenue, analyzing the effects of a possible parking entrance under Olympic Drive, and including landscaping at ground level. AYES: Agency Members Genser, O'Connor, McKeown, Chair Pro Tem Katz, Chair Bloom NOES: Agency Members Shriver, Holbrook ABSENT: None Agency Member Shriver stated for the record that his "no" vote related primarily to the proposed height of buildings and the widespread input from residents against greater heights. Agency Member Holbrook stated for the record that his "no" vote was due to his concern that the proposed height of the buildings is too high. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Katz, to authorize staff to begin Development Agreement negotiations with the Related Companies of California. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Mayor Pro Tem Katz, Mayor Bloom NOES: Councilmembers Shriver, Holbrook ABSENT: None ADJOURNMENT OF On order of the Mayor, the special joint meeting of the City Council and SPECIAL JOINT MTG. the Redevelopment Agency was adjourned at 10:41 p.m., and the regular City Council meeting was reconvened with all members present. August 14, 2007 COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions for terms ANNUAL APPTS. ending June 30, 2007. Board/Commission No. of Appts. Term Ending Airport Commission 2 6/30/2011 On order of the Mayor, appointments to the Airport Commission were continued to the next Council meeting. Architectural Review Board 6/30/2011 Mayor Pro Tem Katz nominated incumbent Edouard Mimieux. There being no other nominations, Mr. Mimieux was appointed by acclamation. Arts Commission 3 6/30/2011 Councilmember McKeown nominated incumbent Donna Sternberg. There being no other nominations, Ms. Sternberg was appointed by acclamation. Councilmember McKeown nominated incumbent Fred Dewey. Mr. Dewey was appointed by voice vote, with Councilmember Holbrook voting in opposition. Mayor Pro Tem Katz nominated Rebecca Jewell Holbrook. Councihnember McKeown nominated Asuka Hisa. Ms. Holbrook was appointed by the following vote: Holbrook: Councilmembers Holbrook, Shriver, O'Connor, Mayor Pro Tem Katz, Mayor Bloom Hisa: Councihnembers Genser, McKeown Councilmember Genser requested to change his vote to Ms. Holbrook for the following final vote: Holbrook: Councilmembers Holbrook, Shriver, O'Connor, Genser, Mayor Pro Tem Katz, Mayor Bloom Hisa: Councilmember McKeown 10 August 14, 2007 Bayside District Corporation 3 6/30/2011 Mayor Pro Tem Katz nominated incumbents Barbara Ryan, Johannes Van Tilbarg and Kelley Wallace. There being no other nominations, the three incumbents were appointed by acclamation. Comm. for the Sr. Community 3 6/30/2011 Councilmember McKeown nominated incumbent AI Weintraub. There being no other nominations, Mr. Weintraub was appointed by acclamation. On order of the Mayor, the remaining two vacancies were continued to the next meeting. Comm. on the Status of Women 2 6/30/2011 Councilmember McKeown nominated incumbent Elizabeth Riel. There being no other nominations, Ms. Riel was appointed by acclamation. Councilmember McKeown nominated Heather Briggs. There being no other nominations, Ms. Briggs was appointed, with Councilmember O'Connor abstaining. Disabilities Commission 2 6/30/2011 Mayor Pro Tem Katz nominated incumbents Glenda Berg and Richard Hilton. There being no other nominations, the incumbents were appointed by acclamation. Housing Commission 2 6/30/2011 Councilmember McKeown nominated incumbents Lewis Steele and Allan Tainsky. There being no other nominations, the incumbents were appointed by acclamation. Library Board 6/30/2011 On order of the Mayor, this matter was continued to the next meeting. Personnel Board 6/30/2011 On order of the Mayor, this matter was continued to the neat meeting. 11 August 14, 2007 Planning Commission 3 6/30/2011 Mayor Pro Tem Katz nominated Terry O'Day. Councilmember McKeown nominated Darrell Clarke for a third term. Mr. O'Day was appointed by the following vote: O'Day: Councilmembers Holbrook, Shriver, O'Connor, Mayor Pro Tem Katz, Mayor Bloom Clarke: Councilmembers Genser, McKeown Councilmembers McKeown and Genser requested to change their votes for Mr. O'Day for a unanimous appointment. Councilmember McKeown nominated Darrell Clarke. Mavor Pro Tem Katz nominated Jim Ries Mr. Ries was appointed by the following vote: Clarke: Councilmembers Genser, McKeown Ries: Councilmembers Holbrook, Shriver, O'Connor, Mayor Pro Tem Katz, Mayor Bloom Councilmembers Genser and McKeown requested to change their vote to Mr. Ries for a unanimous appointment. Councilmember O'Connor nominated Gleam Davis. Councilmember Shriver nominated Steve Glen. Ms. Davis was appointed by the following vote: Davis: Councilmembers Genser, O'Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom Glen: Councilmembers Holbrook, Shriver Councilmembers Holbrook and Shriver requested to change their vote to Ms. Davis for a unanimous appointment. Recreation & Parks Commission 1 6/30/2011 Mayor Pro Tem Katz nominated Jenna Linnekens. 12 August 14, 2007 Councilmember McKeown nominated Neil Carney. Mr. Carney was appointed by the following vote: Linnekens: Mayor Pro Tem Katz Carney: Councilmembers McKeown, O'Connor, Genser, Shriven, Holbrook, Mayor Bloom Mayor Pro Tem Katz requested to change his vote to Mr. Carry for a unanimous appointment. Social Services Commission 3 6/30/2011 Councilmember McKeown nominated incumbent Brian Buchner. There being no other nominations, Mr. Buchner was appointed by acclamation. Councilmember McKeown nominated Marcia Fierro. There being no other nominations, Ms. Fierro was appointed by acclamation. On order of the Mayor, the remaining seat was continued to the next Council meeting. UNSCHEDULED 13-B: Appointment to unscheduled vacancies to the following APPOINTMENTS Boards and Commissions: Board/Commission Seats Term Ending Date Arts Commission 1 06/30/2008 Library Board 1 06/30/2008 On order of the Mayor, this item was continued to the next meeting. COUNCIL RULES 13-C: Councilmembers Holbrook and O'Connor request that the City Council change its rules to direct Staff to schedule appeals on meeting nights when at least six Councilmembers are expected to be present. In the event that an appeal is ready to be heard and fewer than six Councilmembers are present, the appellant shall have the option to continue the hearing to a future date, was presented. There was no one present for public comment. 13 August 14, 2007 Motion by Councilmember O'Connor. seconded by Councilmember Holbrook, to look at possible rule changes including the options that if there are five or less Councilmembers present, appellant has the option of ': requesting a continuance; or, to consider changing the definition of a "majority" vote from a majority of seven members to a majority of those present. The motion was approved by voice vote, with Councilmember McKeown voting in opposition. Councilmember McKeown stated for the record that he voted in opposition because he believes that the problem is not rules, but Council relationships and collegial courtesy. RESIGNATION 13-D: Recommendation to accept Maria Y. Hernandez's resignation from the Social Services Commission and authorize the City Clerk to Mayor Pro Tem Katz was publish the vacancy, was presented. excused at 11:28 p. m. Motion by Councilmember Holbrook, seconded by Councilmember Genser, to approve the recommendation. The motion was unanimously approved by voice vote, with Mayor Pro Tem Katz absent. PREFERENTIAL 13-E: Request of Councilmembers Genser and Shriver that the PARKING ZONE U Council vote to reconsider the action taken on Item 11-A at the July 24, 2007, Council Meeting related to a Resolution concerning Parking Zone "U". If the Council votes to reconsider the item, a hearing will be scheduled at a future Council meeting, was presented. Member of the public Carolyn Feruzzi spoke in support of the request. Motion by Councilmember Genser, seconded by Councilmember Shriver, to approve request. The motion was unanimously approved by voice vote, with Mayor Pro Tem Katz absent. PUBLIC INPUT Members of the public Joe Natoli, Brian Hutchings, Yvonne Raphael, and Daniella Euliano discussed and commented on various issues. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:43 p.m. ATTEST: `~~t;~~`7/I,~~ Gu~zcx~~~ Maria M. Stewart City Clerk "il-~--- Richard Bloom Mayor 14 August 14, 2007