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M-07082008CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 8, 2008 A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:55 p.m., on Tuesday, July 8, 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 Pam O'Connor Councilmember Bobby Shriver (arrived at 6:03 p.m.) Absent: Councilmember Kevin McKeown 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 5:55 p.m., with Councilmembers Shriver and McKeown absent. Miriam Mack, Economic Development Manager, 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 Jerry Rubin and Joey Fullmer commented on Consent Calendar items. At the request of Councilmember Genser, Item 1-C was removed from the Consent Calendar. At the request of Mayor Katz, Item 1-B was removed from the Consent Calendar. Motion bv_Councilmember Holbrook, seconded by Councilmember O'Connor, to approve all items on the Consent Calendar as presented except Items 1-B and 1-C, reading resolutions by title only and waiving further reading thereof The motion was approved by the following vote AYES: Councilmembers O'Connor, Genser, Holbrook, Mayor July 8, 2008 Pro Tem Bloom, Mayor Katz NOES: None ', ABSENT: Councilmembers Shriver, McKeown MINUTES 1-A: The minutes May 21, 22, 27, June 10, and June 17, 2008, City Council meetings were approved as submitted. PANHANDLING 1-D: Panhandling Education and Alternative Giving Campaign - EDUCATION recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8895 (CCS) with GMMB, in the amount of $237,000 for a total amount of $337,000, for additional services related to the project, was approved. 2930 COLORADO 1-E: Tenant impact report and relocation plan related to closure of VILLAGE TRAILER Village Trailer Park at 2930 Colorado -recommendation to authorize PARK the City Manager to negotiate and execute Contract No. 8944 (CCS) with Del Richardson & Associates, in the amount of $86,500, for preparation of a tenant impact report, including a relocation plan, related to the closure of the Trailer Park, was approved. TRANSIT COACH GAS 1-F: Refurbishment of transit coach gas tanks -recommendation to TANKS award Bid No. 2911 to AFV Fleet Services, in the amount of $775,000 for athree-year term, to refurbish liquefied natural gas tank systems and related components on transit coaches for the Big Blue Bus, was approved. WASTEWATER RATES 1-G: Financial analysis and development of wastewater rates - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8726 (CCS) with Raftelis Financial Consultants, Inc., in the amount of $4,665, for additional financial analysis related to the project, was approved. URBAN AREA 1-H: Acceptance and appropriation of Urban Area Security SECURITY GRANT Initiative Grant Funds -recommendation to authorize the City Manager FUNDS to accept $273,800 in FY 2007 Grant Funds, approve proposed appropriations and authorize the proposed budget changes, was approved. LEASE OF SPACE AT 1-I: Lease of space at 3011 Airport Avenue and 3159 Donald THE AIRPORT Douglas Loop South at the Santa Monica Airport -recommendation to authorize the City Manager to negotiate and execute Lease Agreement Nos. 8945 and 8946 (CCS), with two existing specialty fixed base operators, Justice Aviation and Santa Monica Aviation, providing for the continued operation of their business activity. July 8, 2008 CANCELLATION OF 1-J: Recommendation to cancel the regular City Council Meetings COUNCIL MEETINGS for August 12, and August 26, 2008, was approved. LEASE OF SPACE FOR 1-K: City TV Space at 165419th Street -recommendation to CITY TV authorize the City Manager to negotiate and execute Lease No. 8947 (CCS) with Guntram & Liane Ossa Trust for 4,700 square feet at 1654 19"' Street, for aten-year term beginning November 1, 2008, for use as a broadcast production facility and office space for City TV, was approved. CINEMA PLANNING 1-B: Cinema planning and development consulting services - SERVICES recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8943 (CCS) with IJM Enterprises, in the Councilmember Shriver amount of $50,000, for consulting services for potential redevelopment arrived at 6.'03 p. m. of cinemas in the Bayside District, was presented. Mayor Katz advised he removed this item from the Consent Calendar to ask questions related to the RFP and the services being required in this contract. Staff responded to questions and provided information. Motion b~avor Katz, seconded by Councilmember Censer, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, O'Connor, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSTAIN: Councilmember Shriver ABSENT: Councilmember McKeown CUSTODIAL SERVICES 1-C: Extension of Custodial Services Contract at Public Safety FOR PUBLIC SAFETY Facility -recommendation to authorize amonth-to-month extension of FACILITY the custodial services contract with L.A. Cha Maintenance Company, at a new monthly rate of $19,573 not to exceed $97,865, at the Public Safety Facility through November 30, 2008, was presented. Councilmember Censer advised he removed this item from the Consent Calendar to note his concern regarding the absence of a policy of when to contract out for services and when to do in-house. The City Manager responded to Councilmember Censer's concern. Motion by Councilmember Censer. seconded by Mavor Pro Tem Bloom, to approve recommendation. The motion was approved by the following vote: July 8, 2008 AYES: Councilmembers O'Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmember McKeown CLOSED SESSIONS: Members of the public Pro Se and Denise Barton commented on Closed Session items. On order of the Mayor, the City Council recessed at 6:20 p.m., and reconvened at 7:03 p.m., with Councilmembers McKeown and Shriver absent, to report the following: 2-A: Public Employee Evaluations. Title of Employee: City Manager ACTION: Not Heard. 2-B: 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-OS and City of Santa Monica v. Solco, et al., USCA 9`" Circuit Case No. 08-72192. ACTION: Heard. No reportable action taken. 2-C: Conference with Legal Counsel -Existing Litigation: United States of America and Peters v. City of Santa Monica, USDC, Case No. CV08-02695 CW (Ex) and USCA 9"' Circuit Case No. 08-55869. ACTION: Heard. No reportable action taken. 2-D: Anticipated Litigafion: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): 161 Ocean Park Boulevard. ACTION: Not Heard. 2-E: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): 2300 Wilshire. ACTION: Not Heard. July 8, 2008 2-F: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): Los Angeles County Property Tax Administrative Costs for the City of Santa Monica ACTION: Heazd. No reportable action taken. 2-G: Conference with Legal Counsel regarding Claim No. 08-4788 - Claimant's name: Ronald Rabatslcy. Motion by Mayor Katz, seconded by Councilmember O'Connor, to approve Settlement No. 8948 (CCS) in the amount of $31,101.63. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, O'Connor, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmembers McKeown, Shriven 2-H: Conference with Legal Counsel -Existing Litigation: Ahdi Reddy v City of Santa Monica, U.S. District Court Case No. CV 07- 6771 ABC (MANx). Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, that plaintiff Big Blue Bus driver to be allowed to wear turban for work as long as it's worn consistently; Mr. Reddy in turn, to dismiss claim and waive attorney's fees and damages. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Genser, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmembers McKeown, Shriven STUDY SESSION: On order of the Mayor, Item 3-A and 8-C to be heard concurrently. HOMELESS UPDATE 3-A: Homeless Update: Presentation on the Status of Efforts to Councilmember Shriven Address Homeless Veterans from Local Representatives of the returned at 7:08 p. m. Federal Department of Veterans Affairs, was presented. 8-C: Recommendation to adopt Resolution No. 10320 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ADVOCATING THAT THE VETERANS ADMINISTRATION EXPEDITE THE USE OF THREE BUILDINGS ON THE WEST LOS July 8, 2008 ANGELES VETERANS ADMINISTRATION CAMPUS FOR LONG TERM THERAPEUTIC HOUSING FOR HOMELESS VETERANS," was presented. Members of the public Tim Cantwell and Jerry Rubin commented on the subject presented. Discussion was held. Staff responded to questions from Councilmembers. Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to adopt resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, O'Connor, Mayor Pro Tem Bloom, Mayor Katz NOES: Councilmember Shriver ABSENT: Councilmember McKeown Councilmember Shriver stated, for the record, that he voted against the motion because the homeless are still not receiving proper assistance, many incidents against the homeless are reported and the process is too lengthy. STAFF ITEMS: On order of the Mayor, the regular City Council meeting recessed to a PARKING STRUCTURES special joint meeting with the Redevelopment Agency at 8:40 p.m., with 7 & 8 -IMPROVEMENTS Councilmember McKeown absent. 8-A: Fagade improvements and attendant parking program for Parking Structures 7 and 8 -recommendation that the City Council and the Redevelopment Agency adopt respective resolutions entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA/REDEVELOP- MENT AGENCY FINDING THAT THE PROPOSED IMPROVE- MENTS TO THE STRUCTURES ARE OF BENEFIT TO THE EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT," and authorize the City Manager and Executive Director, respectively, to negotiate and Cooperation Agreement No. 8949 (CCS/RAS) between the City and the Agency. That the City Council adopt Resolution No. 10319 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING A WAIVER OF COMPETITIVE BIDDING REQUIREMENTS TO ENABLE THE MACERICH COMPANY TO CONSTRUCT THE IMPROVEMENTS"; and authorize the City Manager to negotiate and execute Agreement No. 8950 (CCS) (et al.) with Macerich for final design and construction of the project, in an July 8, 2008 amount not to exceed $10 million for facade improvements, solar panels, and attendant parking; for leasing and management of the proposed pedestrian-oriented retail uses; for attendant parking operations; and for energy rate reimbursements for the solar photovoltaic systems. Recommendation that the Redevelopment Agency approve proposed schematic designs for Structures 7 and 8 and authorize staff to implement the proposed Project involving construction of facade improvements, pedestrian oriented spaces and solar photovoltaic systems, and installation of attendance parking improvements; approve Lemon Scented Gum tree for the streetscape improvements along Colorado Avenue; and authorize the submission of an application for reimbursement from the State related to the installation of solar photovoltaics in an estimated amount of $593,000, was presented. Member of the public Jerry Rubin commented on various aspects of the project. Motion by A ency/Councilmember Genser. seconded by Chair/Mater Katz to adopt respective Resolutions Nos. 10318 (CCS) and 510 (RAS) finding that the proposed improvements to the structures are of benefit to the Earthquake Recovery Redevelopment Project, and authorize the City Manager and Executive Director, respectively, to negotiate and execute a Cooperation Agreement between the City and the Agency. The motion was approved by the following vote: AYES: Agency/Councilmembers Holbrook, Genser, O'Connor, Mayor/Chair Pro Tem Bloom, Chair/Mayor Katz NOES: None ABSTAIN: Agency/Councilmember Shriver ABSENT: Agency/Councilmember McKeown Motion by Councilmember Genser, seconded by Mavor Pro Tem Bloom, that Council adopt a resolution authorizing a waiver of competitive bidding requirements to enable the Macerich Company to construct the improvements; and authorize the City Manager to negotiate and execute agreements with Macerich for final design and construction of the project, in an amount not to exceed $10 million for facade improvements, solar panels, and attendant parking; for leasing and management of the proposed pedestrian-oriented retail uses; for attendant parking operations; and for energy rate reimbursements for the solar photovoltaic systems. The motion was approved by the following vote: 7 July 8, 2008 AYES: Councilmembers O'Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmember McKeown Motion by Agency Member Genser, seconded by Chair Kati that the Redevelopment Agency approve proposed schematic designs for Structures 7 and 8 and authorize staff to implement the proposed Project involving construction of fapade improvements, pedestrian oriented spaces and solar photovoltaic systems, and installation of attendance parking improvements; approve Lemon Scented Gum tree for the streetscape improvements along Colorado Avenue; and authorize the submission of an application for reimbursement from the State related to the installation of solar photovoltaics in an estimated amount of $593,000. The motion was approved by the following vote: AYES: Agency Members Holbrook, Shriver, Genser, O'Connor, Chair Pro Tem Bloom, Chair Katz NOES: None ABSENT: Agency Member McKeown ADJOURNMENT OF On order of the Mayor, the special joint meeting adjourned at 8:50 p.m., SPECIAL JOINT and the regular City Council meeting reconvened with Councilmember MEETING McKeown absent. 8-B: Administrative Office Space Strategies and Use of Civic Center Parking Structure -recommendation that Council endorse the short and long term strategies to address administrative space needs and direct staff to pursue the development of City office space in addition to a small cafe in the Civic Center Parking Structure, was presented. There was no one present for public comment. Motion by Mayor Katz, seconded by Mavor Pro Tem Bloom, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmember McKeown July 8, 2008 LAND USE AND CIRCU- 8-D: Land Use and Circulation Element (LUCE) Strategy CATION ELEMENT Framework -recommendation that Council review the LUCE Strategy Framework, and based upon the review and Planning commission and Mayor Katz was excused community input, endorse the Framework with appropriate comments at 10: 30 p. m. and direct the staff to proceed with economic, transportation and environmental analysis and evaluation, was presented. Members of the public Pro Se, Russell Sydney, Catherine Eldridge, Stephen Logan, Alex Thomson, Roger Swanson, Mihai Peteli, Gary Kavanagh, and Nicki Kavanagh commented on various aspects of the presentation, provided ideas, suggestions and expressed concerns. After considerable discussions and questions to staff, on order of the Mayor, the information was received and filed and the matter was continued to July 9, 2008. PUBLIC HEARINGS: 9-A: Resolutions approving new water and wastewater rates - NEW WATER AND recommendation that Council adopt Resolution No. 10321 (CCS) WASTEWATER RATES entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REVISING WATER RATES AND WATER SERVICE CHARGES", and Resolution No. 10322 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING WASTEWATER RATES; approve low-income provisions for both rates; and, hear public comment pursuant to Proposition 218 requirements, was presented Members of the public Harold Dunnigan, Doris Stegall, Larissa Drucker, Gene Burke and Susan Hartley spoke in opposition to the proposed increase in rates. On order of the Mayor Pro Tem, the public hearing was closed and action on this matter was continued to July 9, 2008. PROPERTY-BASED 9-B: Property Based Assessment District (PBAD) in the Downtown ASSESSMENT DISTRICT -recommendation to hold a public hearing and receive comment regarding the formation of a PBAD in downtown, was presented. The following members of the public spoke in opposition to the proposed assessment district: Jeff Segal, Don Cohen, Tara Pomposini, Allan Golad, Donna Alvarez and James Mount. The following members of the public spoke in support of the proposed assessment district: Eileen Fraser, Phil Vise, Ashley Walkley, Bill Tucker, Kelly Wallace, Alan Mont, Robert Resnick, Rick Staff and Jennifer Hranilovich. July 8, 2008 On order of the Mayor Pro Tem, the public hearing was closed and the matter was continued to July 22, 2008. COUNCIL ITEMS: 13-A: Appointment to one annual vacancy on the Personnel Board APPOINTMENTS for a term ending June 30, 2011.0 On order of the Mayor Pro Tem, this matter was continued to July 15, 2008. ANNUAL APPTS. 13-B: Annual Appointments to Boards and Commissions for terms ending June 30, 2008. Board/Commission No. of Appts. Term Ending Airport Commission 1 6/30/2012 Architectural Review Board 2 6/30/2012 Arts Commission 6 6/30/2012 Bayside District Corporation 1 6/30/2012 Building and Safety 2 6/30/2012 Commission for Sr. Community 2 6/30/2012 Commission -Status of Women 2 6/30/2012 Disabilities Commission 3 6/30/2012 Housing Commission 1 6/30/2012 Landmarks Commission 2 6/30/2012 Library Board 1 6/30/2012 Personnel Board 1 6/30/2012 Planning Commission 2 6/30/2012 Recreation & Parks Commission 3 6/30/2012 Social Services Commission 2 6/30/2012 On order of the Mayor Pro Tem, this matter was continued to July, 15, 2008. CHAMBER OF 13-C: Request of Mayor Herb Katz that the City become a member COMMERCE of the Santa Monica Chamber of Commerce. On order of the Mayor Pro Tem, this matter was continued to July 15, 2008. PUBLIC INPUT: Members of the public Pro Se, Amanda Manning, M. Ross and David Ricci commented on various local issues. 10 July 8, 2008 RECESS On order of the Mayor Pro Tem, the City Council recessed at 11:25 p.m on July 8`h and reconvened at 6:07 p.m. on Wednesday, July 9, 2008, with Councilmember McKeown and Mayor Katz absent to continue with the following matter: PUBLIC HEARINGS: 9-A: Resolutions approving new water and wastewater rates - NEW WATER AND recommendation that Council adopt Resolution No. 10321 (CCS) WASTEWATER RATES entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA (CONT'D) REVISING WATER RATES AND WATER SERVICE CHARGES", and Resolution No. 10322 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING WASTEWATER RATES; approve low-income provisions for both rates, was presented. The public hearing having been closed, staff responded to questions from Councilmembers. Motion by Councilmember Genser. seconded by Councilmember O'Connor, to adopt resolution approving water rates as recommended by staff. Motion to amend by Councilmember Shriver. seconded by Council- member Holbrook, to approve the first three tiers only and delete the fourth tier. The motion to amend failed by the following vote: AYES: Councilmembers O'Connor, Shriver, Holbrook NOES: Councilmembers Genser, Mayor Pro Tem Bloom ABSENT: Councilmember McKeown, Mayor Katz The main motion failed by the following vote: AYES: Councilmembers Genser, O'Connor, Mayor Pro Tem Bloom NOES: Councilmembers Shriver, Holbrook ABSENT: Councilmember McKeown, Mayor Katz Motion by Councilmember Shriver. seconded by Councilmember Holbrook, to adopt the resolution with only the first three tiers and deleting the fourth tier, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Councilmember McKeown, Mayor Katz 11 July 8, 2008 Motion by Councilmember Holbrook, seconded by Councilmember O'Connor to adopt the resolution for the new wastewater rates, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, Mayor Pro Tem Bloom NOES: None ABSENT: Councilmember McKeown, Mayor Katz PROPERTY-BASED 9-B: Property Based Assessment District (PBAD) in the Downtown ASSESSMENT DISTRICT - recommendation to hold a public hearing and receive comment (CONT'D) regarding the formation of a PBAD in downtown Santa Monica, was presented. The public hearing having been closed, staff answered questions of Councilmembers. On order of the Mayor Pro Tem, this matter was continued to July 22, 2008, to receive the canvass of the election. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 6:57 p.m., on Wednesday Jules 9 ~nnu ATTEST: ~~ LL)1Qww Maria M. Stew\art City Clerk 12 July 8, 2008