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M-06102008CITE' OE SANTA MONICA CITE' COUNCIL MINUTES JUNE 10, 2008 A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:50 p.m., on Tuesday, June 10, ?008, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Herb Katz Councilmember Ken Genser Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Pam O'Connor Councilmember Bobby Shriver (arrived at 6:30 p.m.) Absent: Mayor Pro Tem Richard Bloom Also Present: City Manager P. Lamont Ewell City- Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:50 p.m., with Councilmember Shriver and Mayor Pro Tem Bloom absent. Deputy City Manager Mona Miyasato led the assemblage in the Pledge of Allegiance. CONSENT CALENDAIB: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Joey Fullmer, Roxana Janka, Debbie Lee, and Jerry Rubin commented on various Consent Calendar items. At the request of Councilmember McKeown, Item 1-E was removed from the Consent Calendar. Motion by Councilmember Genser. seconded by Councilmember McKeown, to approve all items on the Consent Calendar as presented except Item 1-E, reading resolutions by title only and waiving fitrther reading thereof. The mofion was approved by the following vote: June 10, 2008 AYES: Councilmembers McKeown, O'Connor, Genser, Holbrook, Mayor Katz NOES: None ABSENT: Councilmember Shriner, Mayor Pro Tem Bloom MINUTES 1-A: The minutes of the May 13, 2008, City Council meeting were approved as submitted. ANNENBERG COMMU- 1-B: Furnishings selection and installation for the Annenberg NITY BEACH HOUSE Community Beach House -recommendation to authorize the City- Manager to negotiate and execute Agreement No. 8931 (CCS} with Perkins+~Vill, in The amount of $88,500, for selection and installation of interior and exterior furniture for the Annenberg Conununity Beach House at 415 Pacific Coast Highway, was approved. ~VEBSITE SERVICES 1-C: City website services -recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8861 (CCS) with PMC, in the amount of $40,000, for the redesign of the City's Intranet and Human Resorrrces website, was approved. 2i7-223 BICKNELL AVE. 1-D: Resolution No. 10296 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FNAL TRACT MAP N0.61863 FOR A SEVEN UNIT CONDOMINIUM PROJECT AT 217- j 223 BICKNELL AVENUE," was adopted. STORM DRAINS 1-F: Storm Drain Improvement Project - recommendation to authorize the City Manager to negotiate and execute Contract No. 8933 (CCS) with Psomas, in the amount of $250,000, for project management services for the project; and, approve the proposed budget changes, was approved. NO-SMOHING OUT- 1-E: Non-smoking ordinance outreach campaign and REACH CAMPAIGN supplemental report -recommendation to authorize the City Manager to negotiate and execute Contract No. 8932 (CCS) with Southard Communications, in the amount of $150,000, to design and implement a comprehensive branding and public education program for the City's non- smoking ordinances, was presented. Councilmember McKeown advised he removed this item from the Consent Calendar to underscore his commitment to making this campaign work effectively for the City. June 10, 2008 Motion by Councilmember O'Connor, seconded by Mavor Katz, to approve recommendation. The motion was approved by the following vote: AYES: Comicilmembers McKeown, O'Connor, Genser, Holbrook, Mayor Katz NOES: None ABSENT: Councilmember Shriver, Mayor Pro Tem Bloom CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:09 p.m., to consider closed sessions and returned at 7:17 p.m., with Mayor Pro Tem Bloom absent, to report the following: Cozrneilmember Sht•ivef• 2-A: Anticipated Litigation: Anticipate significant exposure to m~rived at 6.•30 p. m. litigation Pursuant to Government Code Section 54956.9{b): 161 Ocean Park Boulevard. ACTION: Heard No reportable action taken. 2-B: Anticipated Litigafion: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(b): 2300 `Vilshire. ACTION: Not Heazd. 2-C: 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: Heard. No reportable action taken. 2-D: 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-E: Conference with Real Property Negotiator Property: 1701 - 1725 Ocean Avenue, Santa Monica City Negotiator: Andy Agte, Director, Housing and Economic Development Under Negotiation: Price and Terms Owner of Record: Santa 1Vlonica Redevelopment Agency ,Tune 10, 2008 ACTION: Heard. No reportable action taken. 2-F: Conference with Legal Counsel -Existing Litigation: Hermosa Beach v. Superior Court (MacPherson Oil Co.),Ct. of Appeal B205386 -request for support of petition for review. City Attorney Marsha Moutrie announced that the City Council authorized the City's supporting Hermosa Beach's petition for review. INSPIRATION: Members of the Santa Monica High School Symphony Orchestra played various pieces for the audience and conveyed their appreciation for Council's continued support of their endeavors. SPECIAL ITEMS: 4-A: The Mayor issued a proclamation celebrating the Civic Center's 50th Anniversary. ORDINANCES: 7 ~A: Second reading and adoption of Ordinance No. 2266 {CCS) entitled: "AN ORDINANCE AMENDING SECTIONS OF CHAPTER 7.16 OF THE Mt3NICIPAL CODE RELATED TO WATER CONSERVATION," was presented. Motion by Councilmember McKeown. seconded by Cotmcilmember Holbrook, to adopt the ordinance, reading by title onl}~ and waving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeoum, O'Connor, Genser, Shriner, Holbrook, Mayor Katz NOES: None ABSENT: Mayor Pro Tem Bloom STAFF ITEMS: JOINT MEETING OF THE CITY COUNCIL AND THE CIVIC CENTER REDEVELOPMENT AGENCY: VILLAGE - DDA On order of the Mayor, the City Council convened to a joint meeting with the Redevelopment Agency, with Mayor Pro Tem Bloom absent. 8-A: Disposition and Development Agreement for the Civic Center Village -recommendation that the Redevelopment Agency and the CitF~ Council adopt respective Resolution Nos. 10297 (CCS) and 507 {RAS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA MAKING SPECIFIC FINDINGS AND APPROVING THE DEVELOPMENT AND DISPOSITION AGREEMENT AND LEASE AGREEMENTS BETWEEN THE CITY AND RELATEDlSANTA MONICA VILLAGE, LLC FOR THE CIVIC CENTER VILLAGE," and 4 June 10; 2008 respective Resolution Nos. 508 (RAS) and 10298 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA STATING THAT THE CITY COUNCILlREDEVELOPMENT AGENCY HAVE REVIE~~ED THE FINAL EIR, AS AMENDED." Recommendation that The Redevelopment Agency authorize the Executive Director to execute all documents, and take all necessary actions, to complete the Development and Disposition Agreement and Lease Agreements for the Civic Center Village. Recommendation that Cormcil approve an amendment to Contract Na. 8556 (CCS) with Keyser Marston Associates, Inc., in the amount of $40,000, for real estate economics services associated with the project, was presented. Members of the public Joey Fullmer, Jerry Rubin, Paul DeSantis, Joan Ling, James Motmt and Patricia Hoffman spoke generally in support of the project. Member of the public Sam Epstein expressed concern regarding the financial status of the Related companies. Motion by A~enevJCouncilmember Genser, seconded by AgencylCouncilmember O'Connor, to adopt resolutions affirming review of the certified final EIR. The motion was approved by the following vote: AYES: Agency/Councilmembers McKeown, O'Comlor, Genser, ChairlMayor Katz NOES: Agency/Councilmembers Shriven, Holbrook ABSENT: Chair Pro Tem/Mayor Pro Tem Bloom Motion by Councilmember NleKeown, seconded bti Councilmember O'Connor, to adopt resolution approving the DDA and making findings. The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Mayor Katz NOES: Councilmembers Shriven, Holbrook ABSENT: Mayor Pro Tem Bloom Motion by Agency Member O'Comior, seconded b~gency Member McKeown, to adopt resolution recommending approval of the DDA, and authorizing the Executive Director to execute the DDA and related documents. The motion was approved by the following vote: June 10, 2008 AYES: Agency Members McKeown, O'Connor, Genser, Chair Katz NOES: Agency Members Shriven, Holbrook ABSENT: Chair Pro Tem Bloom Motion by Councilmember Genser, seconded by Councilmember O'Connor to authorize the City Manager to negotiate and execute an amendment to Contract No. 8556 (CCS). The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Mayor Katz NOES: Couulcilmembers Holbrook, Shriven ABSENT: Mayor Pro Tem Bloom Councilmember Sln-iver stated, for the record, that he voted "no" because it is going to be a much bigger, taller development than expected. He added that he is in support of building affordable housing and likes the purchase rehab ideas, which are a better use of money. Councilmember Holbrook stated, for the record, that he voted "nd' because it was never his vision to have this large a housing project in the Civic Center, and is chagrined that over 50% of people using housing will be people that work in Santa Monica already and who need this kind ~_ of housing, and the City is providing housing for people who don't live in '` ' the Citv. AD.IOURNMENT OF On order of the Mayor, the Special Joint Meeting was adjourned at 8:21 SPECIAL JOINT p.m., and the regular Council meeting was reconvened, vv9th Mayor Pro MEETING Tem gloom absent. NOVEMBER 4, 2008 8-B: Adoption of Resalutions related to the General Municipal GENERAL MUNICIPAL Eleetion to beheld on November 4, 2008- recommendation that the ELECTION City Council adopt Resolution No. 10299 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CALLING THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008' ;Resolution No. 10300 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION"; Resolution No. 10301 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING SERVICES FROM THE L.A. COUNTY REGISTRAR-RECORDER FOR THE GENERAL MUNICIPAL ELECTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE June 10, 2008 STATEMENTS' ;and Resolution No. 10302 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY CLERK TO OBTAIi`T CONSULTANT SERVICES AND SUPPLIES REQUIRED FOR THE CONDUCT OF THE ELECTION"; was presented. There was no one present for public comment. Motion by Councilmember McKeown. seconded by Councilmember O'Connor, to adopt the four resolutions reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Shriver, Holbrook, Mayor Katz NOES: None ABSENT: Mayor Pro Tem Bloom LAND USE AND CIRCU- 8-C: Land Use and Circutarion Element {LUCE) Strategy CATION ELEMENT framework - recommendafion that Council review the LUCE Strategy Framework, and based upon the review and Planning commission and community input, endorse the Framework with appropriate comments and direct the staff to proceed with economic, transportation and environmental analysis and evaluation, was presented. The following members of the public spoke generally in support of the plan and expressed concerns, suggestians and ideas related to various aspects of the project: Russell Sydney, Joey Fullmer, Michael Hill, Mike Matthews, Gregory Runyon, Ken Ward, .Terry Rubin, Susan McCarthy, Tom Cleys, Jean McNeil Wyner, Louisa Fish, Jeanine Harrington, Kent Strumpell, Darrell Clarke, Nina Fresco, Asuka Hisa, Greg Ames, Mark Harding, Iao Katagiri, Tish Starbuck, Alex Thomson, Mihai Petell, and Tom Larmore. Discussion ensued on the merits of the Framework presented by staff, on the public participation and on the remaining points of discussion. On order of the Mayor, the information was received and filed and the matter was continued to July 17, 2008. AGENDA On order of the Mayor, given the lateness of the hour and following MANAGEMENT Council Rules, discussion ensued on management of the remainder of the agenda. June 10, 2008 Motion by Councilmember Genser, seconded by Councilmember O'Connor, to hear 13-items. The motion failed by the following vote: AYES: Councilmembers O'Comior. Genser. McKeown NOES: Councilmembers Holbrook, Shriver, Mayor Katz ABSENT: Mayor Pro Tem Bloom After some discussion on the merits of the motion, Councilmember Genser requested to change his vote to "No" in order to make the following motion: Motion by Councilmember Genser, seconded by Councilmembers O'Connor, to reconsider the motion. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Mayor Genser NOES: Councilmembers Holbrook, Shriver ABSENT: Mayor Pro Tem Bloom Motion by Corncilmember Genser, seconded by Councilmember O'Connor, to hear the remaining items and end by 11:30 p.m. The motion was approved by voice vote, with Councilmembers Shriver• and Holbrook voting in opposition, and Mayor Pro Tem Bloom absent. COUNCIL ITEMS: 13-A: Appointment to one unscheduled vacancy on the Pier PIER RESTORATION Restoration Corporation Board of Directors for a term ending CORPORATION November 10, 2009. On order of the Mayor, the floor was opened for nominations. Councilmember Genser, nominated Eric Faber. There being no other nominations, Mr. Faber was appointed by acclamation, with Mayor Pro Tem Bloom absent. PERSONNEL BOARD 13-B; Appaintment to one annual vacancy on the Personnel Board for a term ending 3une 30, 2011. On order of the Mayor, this matter was continued to June 24, 2008. PREVENTION OF FARM 13-C: Request of Councilmember McKeown that the Council, in ANIMAL CRUELTY ACT acknowledgment of the distaste many Santa Monica food consumers have for the sometimes inhumane practices employed by factory farms, endorse the "California Prevention of Farm Animal Cruelty June 10, 2008 Act," an initiative measure sponsored by the humane Society of the United States and others, and scheduled for the November 4, 200$ ballot, was presented. Members of the public Valerie Belt, Armati May, and Brian Hutchings spoke in support of the request. Motion by Couneilmember McKeown, seconded by Councilmember Holbrook, to approve request. The motion was unanimously approved by voice vote, with Mayor Pro Tem Bloom absent. PUBLIC' INPUT: Members of the public Pro Se, Louisa Fish and Brian Hutchings commented on various issues. AD3OUI2NMENT: On order of the Mayor, the City Council meeting was adjourned at 11:23 p.m. I r~ Marra M. Stewart City Clerk ..~u, ~~ June 10, 200$