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M-051308CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 13, 2008 A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:49 p.m., on Tuesday, May 13, 2008, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Herb Katz Mayor Pro Tem Richard Bloom Councilmember Ken Genser Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Bobby Shriver (arrived at 6:35 p.m.) Absent: 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 5:49 p.m., with all members present. Councilmember Ken Genser 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, Pro Se, Brian Hutchings, Kristina Andresen and Daniel Jansenson commented on various Consent Calendar items. At the request of Councilmember McKeown, Item 1-G was removed from the Consent Calendar. Motion by Councilmember Genser, seconded by Councilmember Holbrook, to approve the Consent Calendar with the exception of Item 1- G, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, McKeown, Mayor May 13, 2008 Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmembers O'Connor, Shriver MINUTES 1-A: The minutes of the Apri18, Apri122, and Apri129, 2008, City Council meetings were approved as submitted. HYBRID VEHICLES 1-B: Purchase of Hybrid Sport Utility Vehicles -recommendation to award Bid No. 2943 to Toyota of Santa Monica, in the amount of $111,504, to furnish and deliver three sport utility vehicles, was approved. FICUS TREES ON 2"~H 1-C: The Statement of Official Action denying appeals of the AND 4TH STREETS Landmarks Commission denial of Landmark Applications for the ficus trees on 2nd and 4th Streets, was approved. 2642°d STREET 1-D: The Statement of Official Action denying appeal of Landmarks Commission approval of Certificate of Appropriateness application for the property at 2642 2nd Street, was approved. PROJECT MGMT. 1-E: Project management services for various capital improvement SERVICES projects - recommendation to authorize the City Manager to negotiate and execute Agreement No. 8924 (CCS) with Wildan Group, in the amount of $189,500, to provide temporary project management services to various CIP projects; and, authorize the proposed budget changes, was approved. LEGISLATION SUPPORT 1-F: Support for transportation infrastructure legislation - recommendation to confirm support for transportation infrastructure legislation proposed by Assembly Member Mike Feuer that creates new financing tools to fund needed transportation projects, and direct staff to advocate for their passage, was approved. LOCATION FOR 1-G: Location and operation of the Museum of Flying - MUSEUM OF FLYING recommendation to designate 3090/3100 Airport Avenue as the new location for the Museum of Flying; and, authorize the City Manager to negotiate and execute Lease Agreement No. 8925 (CCS) with the Museum of Flying for its operation, was presented. Councilmember McKeown advised he removed this item from the Consent Calendar to comment that since his concern about the displacement of artists currently at the airport had been addressed by staff, he was ready to approve the item. May 13, 2008 Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Genser, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmembers O'Connor, Shriver RECESS TO SPECIAL On order of the Mayor, the regular City Council meeting was recessed at JOINT MEETING 6:07 p.m., to a joint meeting with the Redevelopment Agency with Councilmembers O'Connor and Shriver absent. PROPERTY-BASED ASSESSMENT DISTRICT 1-H: Property-based Assessment District (PBAD) in Downtown Santa Monica -recommendation that Council accept petitions submitted in favor of a PBAD representing more than 40% of the proposed assessments from property owners in proposed District; adopt a resolution of intention to consider establishment of the PBAD, set a public hearing for July 8, 2008, accept the Engineer's Report, and authorize the mailing of ballots to the property owners within the District. Recommendation that the Redevelopment Agency and the City Council authorize the Executive Director and the City Manager, respectively, to cast appropriate ballots in support of the District, was presented. Member of the public Joey Fullmer commented on various aspects of the proposal. Motion by Councilmember Genser. seconded by Councilmember McKeown, to accept petitions submitted in favor of a PBAD representing more than 40% of the proposed assessments from property owners in proposed District; adopt Resolution No. 10285 (CCS) entitled: "A RESOLUTION OF INTENTION OF THE CITY OF SANTA MONICA TO CONSIDER ESTABLISHMENT OF THE PBAD, SET A PUBLIC HEARING FOR JULY 8, 2008, ACCEPT THE ENGINEER'S REPORT, AND AUTHORIZE THE MAILING OF BALLOTS TO THE PROPERTY OWNERS WITHIN THE DISTRICT." The motion was approved by the following vote: AYES: Councilmembers McKeown, Genser, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmembers Shriver, O'Connor May 13, 2008 Motion by Aeency/Councilmember Genser. seconded by Mayor/Chair Katz, to authorize the Executive Director and the City Manager, respectively, to cast appropriate ballots in support of the District. The motion was approved by the following vote: AYES: Agency/Councilmembers Holbrook, Genser, McKeown, Chair/Mayor Pro Tem Bloom, Chair/Mayor Katz NOES: None ABSENT: Agency/Councihnembers O'Connor, Shriver ADJOURNMENT OF On order of the Mayor, the special joint meeting was adjourned at 6:13 SPECIAL JOINT MEETING p.m., and the regular Council meeting was reconvened, with Councilmembers O'Connor and Shriver absent. CLOSED SESSIONS: Member of the public Brian Hutchings commented on the litigation matter related to Treesavers. Councilmember Shriven arrived at 6: 35 p. m. On order of the Mayor, the City Council recessed at 6:15 p.m., to consider closed sessions and returned at 7:40 p.m., with Councilmember O'Connor absent, to report the following action taken: 2-A: Conference with Real Property Negotiator Property: 1701 - 25 Ocean Avenue, Santa Monica City Negotiator: Andy Agle, Director, Housing and Economic Development Under Negotiation: Price and Terms Owner of Record: Santa Monica Redevelopment Agency ACTION: Heard; no reportable action taken. 2-B: Threat to Security of Public Facility Consultation with: Police Chief ACTION: Heard; no reportable action taken. 2-C: Anficipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(b): 161 Ocean Park Boulevard. ACTION: Not heard. 2-D: Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(b): 2300 Wilshire Boulevard. 4 May 13, 2008 ACTION: Heard; no reportable action taken. 2-E: 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 ACTION: Not heard. 2-F: Conference with Legal Counsel -Existing Litigation: United States of America and Peters v. City of Santa Monica, USDC, Case No. CV08-02695 CW(Ex) ACTION: Heard; no reportable action taken. 2-G: Conference with Legal Counsel -Existing Litigation: Treesavers v. City Of Santa Monica, SC Case No. BS 111 346. ACTION: Heard; no reportable action taken. INSPIRATION: Presentation of poem by Annie Griffin from St. Monica High School, for the California Poetry Out Loud contest. Ms. Griffin provided inspiration by reading a poem out loud. STUDY SESSION: 3-A: Homeless Update Report. Members of the public Jane Murrow, Joey Fullmer, Felix Garcia and Jerry Rubin expressed concerns and commented on the subject of panhandling. SPECIAL ITEMS: 4-A: The Mayor issued a proclamation declaring May 2008 as Mental Health Month in the City of Santa Monica. ORDINANCES: 7-A: Adoption of Resolution No. 10286 (CCS) entitled: "A CIVIC CENTER RESOLUTION OF THE CITY OF SANTA MONICA TO AMEND VILLAGE -HOUSING THE LAND USE ELEMENT TO ALLOW NEIGHBORHOOD DEVELOPMENT SERVING USES IN THE CIVIC CENTER AREA"; Adoption of Resolution No. 10287 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA TO AMEND THE CIVIC CENTER SPECIFIC PLAN RELATED TO THE PROPOSED HOUSING DEVELOPMENT"; and, introduction and first reading of an ordinance of the City of Santa Monica amending the Zoning Ordinance to allow neighborhood serving uses in the Civic Center Area and approving the Development Agreement between the City of May 13, 2008 Santa Monica and related/ Santa Monica Village, LLC for the mixed use project known as The Village at Santa Monica, was presented. Members of the public Joan Ling, Jerry Rubin, Margaret Mills, Patricia Hoffman, Jason Parry, Paul De Santis, and Gensee Schnitman spoke generally in favor of the project. Member of the public Arthur Harris spoke in opposition to the project. Motion by Councilmember McKeown, seconded by Mavor Pro Tem Bloom, to adopt Resolution No. 10286 (CCS) to amend the Land Use Element to allow for amixed-use, urban neighborhood in the Civic Center Village Special Use District, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Genser, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: Councilmember Shriver ABSTAIN: Councilmember Holbrook ABSENT: Councilmember O'Connor Councihnember Shriver stated, for the record, that he voted "no" because it is too big a project and will create many problems in spite of the hard efforts of the design team and the developer. Motion by Councilmember McKeown, seconded by Mavor Pro Tem Bloom, to adopt Resolution No. 10287 (CCS) to amend the Civic Center Specific Plan related to the proposed housing development, with the corrections set forth on the errata sheet, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Genser, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: Councihnember Shriver ABSTAIN: Councilmember Holbrook ABSENT: Councilmember O'Connor Motion by Councilmember McKeown, seconded by Mavor Pro Tem Bloom, to introduce the ordinance for first reading, and approve develop- ment agreement as corrected on the errata sheet, reading by title only and waiving further reading thereof; and directing staff to communicate to the Architectural Review Board to pay particular attention to the color palette of Site B and ensure that the first court alley is as hospitable as possible. The motion was approved by the following vote: 6 May 13, 2008 AYES: Councilmembers Genser, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: Councilmember Shriver ABSTAIN: Councilmember Holbrook ABSENT: Councilmember O'Connor FARMERS MARKET - 7-B: Introduction and first reading of an ordinance modifying INCIDENTAL SALES Municipal Code Section 9.04.08.28.040 to permit the incidental sale of merchandise at the Main Street Farmers Market by individual businesses in the CM Main Street Commercial District, was presented. There was no one present for public comment. Motion by Councilmember Genser, seconded by Councilmember McKeown, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmember O'Connor AUTOMOBILE 7-C: Introduction and first reading of an interim ordinance DEALERSHIPS extending the interim ordinances modifying zoning regulations pertaining to automobile dealerships, associated automobile parking structures and automobile storage lots, including allowing development of automobile parking structures and automobile storage facilities associated with an adjacent dealership on certain residentially zoned sites, establishing development standards, design standards, review processes and operational standards, authorizing automobile dealerships in the Ml District, adjusting the F.A.R. calculation methodology, authorizing employee parking on existing inventory lots in the BCD Zoning District and modifying the temporary use permit provisions for dealerships, until August 8, 2010, was presented. There was no one present for public comment. Motion by Councilmember Genser. seconded by Councilmember McKeown, to introduce the ordinance for first reading, waiving further reading thereof. The motion was approved by the following vote: May 13, 2008 AYES: Councilmembers McKeown, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmember O'Connor MASSAGE 7-D: Introduction and first reading of an ordinance amending REGULATIONS Municipal Code Chapter 6.104 to clarify and update the City's massage regulations to better conform them to community needs and current case law. There was no one present for public comment. Motion by Councilmember Genser, seconded by Mayor Katz, to introduce the ordinance amended to exempt Occupational Therapists, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmember O'Connor STAFF ITEMS: 8-A: Five-Year rate schedules for water and wastewater - INCREASE OF WATER recommendation that Council approve afive-year plan to increase water AND WASTEWATER and wastewater rates; a revision of the rate structure for both water and RATES wastewater to a commodity-only structure to promote water efficiency and conservation; a discounted low income customer wastewater rate for usage; enhanced funding levels for capital, operating, and rate stabilization reserve funds; adopt Resolution No. 10288 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON JULY 8, 2008 TO HEAR ANY PROTESTS OR OBJECTIONS TO THE PROPOSED INCREASES FOR WATER AND WASTEWATER RATE INCREASES," was presented. There was no one present for public comment. Motion by Mayor Katz, seconded b~yor Pro Tem Bloom, to approve staff recommendation and to direct staff to return with an analysis of the low income provisions. The motion was approved by the following vote: AYES: Councilmembers McKeown, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmember O'Connor May 13, 2008 PUBLIC HEARINGS: 9-A: Proposed FY 2008-09 One-Year Action Plan allocation CDBG AND HOME federal CDBG and HOME funds -recommendation to approve the FUNDS proposed One-Year Action Plan; authorize staff to submit required documents to receive CDBG and HOME entitlement grant funds, was presented. There was no one present for public comment. Motion by Councilmember Genser, seconded by Councilmember McKeown, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmember O'Connor COUNCIL ITEMS: 13-A: Appointment to one unscheduled vacancy on the Pier APPOINTMENTS Restoration Corporation Board of Directors for a term ending November 10, 2009. On order of the Mayor, this matter was continued to the next regular meeting. ARB VACANCY 13-B: Appointment to one unscheduled vacancy on the Architectural Review Board for a term ending June 30, 2010. On order of the Mayor, the floor was opened for nominations. Mayor Katz nominated Meagan Winning. Ms. Winning was appointed by the following vote: AYES: Councilmembers Holbrook, Shriver Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSTAIN: Councilmembers Genser, McKeown ABSENT: Councilmember O'Connor SUPPORT FOR AB811 13-C: Request of Councilmember Holbrook to support AB 811 (Levine and Beall), to assist in financing the upfront costs of solar power and other energy improvements through a public improve- ment assessment program, by authorizing cities and counties to provide low interest loans to free and willing property owners with repayments added to their annual property taxes bills, was presented. May 13, 2008 Member of the public Brian Hutchings commented on the request. Discussion ensued on the merits of the request and the particulars and the possible impacts of the bill. Motion by Mayor Pro Tem Bloom, seconded by Councilmember Genser, to continue this matter to May 27, 2008, to provide additional time to staff to present more information. The motion was unanimously approved by voice vote, with Councilmember O'Connor absent. PROPOSED STATE 13-D: Request of Councihnember Genser and Mayor Pro Tem BUDGET CUTS Bloom that the Council adopt Resolution No. 10289 (CCS) entitled: TO EDUCATION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA OPPOSING THE PROPOSED 2008-09 CALIFORNIA STATE BUDGET," was presented. There was no one present for public comment. Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Genser, Shriver, Holbrook Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmember O'Connor PUBLIC INPUT: Members of the public Pro Se M. Ross and Brian Hutchings commented on various issues. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:07 p.m., in memory of Clara Carriere, Sterling Tisha Smith-Hurks, Harlan Hahn, the victims of the recent China earthquake, and the victims of the floods in Myanmar. ~TTES~` Maria M. Stewa~~ City Clerk _._.., „_ 10 May 13, 2008