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M-101408CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 14, 2008 A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:47 p.m., on Tuesday, October 14, 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 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 5:47 p.m., with Councilmember O'Connor absent. Deputy City Manager Elaine Polachek 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 Pro Se, Rita Lowenthal, Louisa Fish, and Joey Fullmer commented on various Consent Calendar Items. At the request of staff, Item 1-L was removed from the Consent Calendar. At the request of Councilmember McKeown, Item 1-A was removed from the Consent Calendar. Motion by Councilmember Genser. seconded by Mayor Katz, to approve all items on the Consent Calendar as presented except Items 1-A and 1-L, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, McKeown, Mayor October 14, 2008 Pro Tem Bloom, Mayor Katz NOES: None ABSTAIN: Councilmember Shriver ABSENT: Councilmember O'Connor SHORT RANGE 1-B: Short Range Transit Plan and application for funds - TRANSIT PLAN recommendation to authorize the City Manager to file the Short Range Transit Plan with the L.A. County Metropolitan Transportation Authority; and adopt Resolution No. 10348 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE FILING OF GRANT APPLICATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED DOCUMENTS AND AGREEMENTS," was approved. WATER EFFICIENCY 1-C: Grant funds for water efficiency internship -recommendation INTERNSHIP to authorize the City Manager to negotiate and execute Contract No. 8988 (CCS) with the Metropolitan Water District of Southern California to accept grant funding in the amount of $15,000 for a water efficiency internship; and authorize proposed budget changes to appropriate funding in expenditure accounts and establish budget in revenue account, was approved. LANDSCAPE PROGRAM 1-D: Recommendation to approve proposed changes to the Water- Efficiency Competitive Landscape Grant Program, was approved. WATER CONSERVA- 1-E: Acceptance of water conservation grant funds - TION GRANT recommendation to authorize the City Manager to negotiate and execute Contract Nos. 8989 and 8990 (CCS) with the Department of Water Resources in the amounts of $250,000 for Sustainable Landscape Grant Program, and $70,000 for the Rain Harvest Rebate Program; and authorize budget changes to appropriate funding in expenditure accounts and establish budget in revenue account, was approved. CIVIC CENTER 1-F: Tax-exempt Bonds for Civic Center Affordable Housing HOUSING BONDS Project -recommendation to adopt Resolution No. 10349 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE ISSUANCE OF TAX-EXEMPT BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ASSIST IN THE FINANCING OF 160 AFFORDABLE HOUSING UNITS IN THE CIVIC CENTER VILLAGE," was approved. LANDSCAPE MAINTE- 1-G: Landscape Maintenance Services -authorize the City Manager - 2 October 14, 2008 NANCE SERVICES to negotiate and execute an amendment to Contract No. 8479 (CCS) with TruGreen Landcare to include 11 additional sites requiring monthly maintenance in the amount of $217,147, was approved. PIER STORM DRAIN 1-H: Pier Storm Drain Improvements -recommendation to authorize the City Manager to negotiate and execute professional services Contract No. 8991 (CCS) with RBF Consulting in an amount not to exceed $350,000, to provide design services for the Pier Storm Drain Improvement Project; and authorize the proposed budget changes as outlined in the staff report, was approved. FIREFIGHTERS MOU 1-I: Recommendation to adopt Resolution No. 10350 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MOU 7881 (CCS) BETWEEN THE CITY AND SANTA MONICA FIREFIGHTERS LOCAL 1109 IAFF," was approved. CITYTV L.A. COUNTY 1-J: Pilot County Channel provided by CityTV -recommendation CHANNEL to authorize the City Manager to negotiate and execute an amendment to Delegated Authority Agreement No. 8820 (CCS) with Los Angeles County for the City to receive up to $305,000 from the County in exchange for CityTV providing the County with programming and video services, was approved. PARKING OPERATIONS 1-K: Parking Operations Audit -recommendation to authorize the AUDIT City Manager to execute an amendment to Contract No. 8864 (CCS) with Walker Parking Consultants to modify the scope of work and to increase the total contract amount to $270,000, was approved. PROPOSITION 5 1-L: California State Proposition 5 -recommendation to oppose Proposition 5, the statewide initiative dealing with nonviolent drug offenses, sentencing, parole and rehabilitation, and adopt a resolution opposing Proposition 5. ACTION: Withdrawn by staff. MINUTES 1-A: Approval of minutes of the September 16 and September 23, 2008, Council meetings, was presented. Councilmember McKeown removed the minutes to get clarification on October 14, 2008 the motion under Item 8-C of the September 23 minutes, where staff was directed to return with a certain report at the next meeting, if possible, and he questioned the clarity of the motion because the report is not listed ~~ on this meeting's agenda. Discussion ensued on the motion as written in the minutes and on whether clarification was needed or whether the motion was accurate as written. After discussion the following motion was made: Motion by Councilmember McKeown seconded by Councilmember Shriver, to approve the September 16"' minutes as revised to reflect that under 13-A, Councilmember McKeown made the nominations to the Arts Commission; and to approve the September 23`d minutes as submitted. 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 AGENDA Motion by Mayor Pro Tem Bloom seconded by Councilmember Genser, MANAGEMENT to hear Items 3-A and 13-E concurrently. The motion was approved by voice vote, with Councilmembers Genser and McKeown voting in opposition, and with Councilmember O'Connor absent. Motion b~Mavor Pro Tem Bloom seconded by Councilmember Genser, to continue Item 7-F to a future meeting so staff can consider additional related issues: The motion was approved by the following vote: AYES: Councilmembers Genser, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: Councilmembers Shriver, McKeown ABSENT: Councilmember O'Connor CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:21 p.m., to consider closed sessions and returned at 7:26 p.m., with Councilmember O'Connor absent, to report the following: 2-A: Conference with Legal Counsel -Existing Litigation - NMBroadwav Studios, LLC v. City of Santa Monica, Case No. BS 110077; Lincoln Studios LLC v. City of Santa Monica, Case No. B5 110078• Nebraska Studios LLC v of Santa Monica, Case No. BS 110079. October 14, 2008 ACTION: Not Heard. 2-B: Conference with Legal Counsel -Existing Litigation: Ellen Potts v. City of Santa Monica, Case No. SC 095 085. Motion By Mayor Katz, seconded by Mayor Pro Tem Bloorr~ to approve Settlement No. 8992 (CCS), in the amount of $100,000 for the plaintiff. The motion was approved by the following vote: AYES: Councilmembers McKeown, Genser, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSTAIN: Councilmember Shriver ABSENT: Councilmember O'Connor 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-E: 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-F: Conference with Legal Counsel -Existing Litigation: Smilev v. City of Santa Monica, Case No. BC394492. ACTION: Heard. No reportable action taken. 2-G: Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(b): 161 Ocean Park Boulevard. ACTION: Not Heard. 2-H: Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(b): 2300 Wilshire. ACTION: Not Heard. October 14, 2008 2-I: Conference with Legal Counsel -Existing Litigation: Amv StroriE and Christopher Peterson v. Citv of Santa Monica, Case No. SC 096 143. Motion by Councilmember Holbrook, seconded by Mayor Pro Tem Bloom, to approve Settlement Nos. 8993 (CCS) in the amount of $55,000 for Amy Strong and 8994 (CCS) in the amount of $25,000 for Christopher Peterson. The motion was approved by the following vote: AYES: Councilmember McKeown, Genser, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSTAIN: Councilmember Shriver ABSENT: Councilmember O'Connor 2-J: Conference with Legal Counsel -Existing Litigation: Larry Gulihur v. Citv of Santa Monica, Superior Court Case Number SC 095055. ACTION: Not Heard. 2-K: Conference with Legal Counsel -Anticipate significant _ exposure to litigation Pursuant to Government Code Section 54956.9(6): Mladen Buntich Construction Co. Inc. (Contract No. 8595 CCS). Motion b~yor Pro Tem Bloom, seconded by Councilmember Holbrook, to approve Settlement No. 8995 (CCS) in the amount of $399,500. The motion was approved by the following vote: AYES: Councilmembers McKeown, Genser, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSTAIN: Councilmember Shriver ABSENT: Councilmember O'Connor STUDY SESSION: As a result of a vote taken earlier by the City Council, Items 3-A and 13- E to be considered concurrently. PROGRESS REPORT ON 3-A: Progress report on Homeless Initiatives including Service THE HOMELESS Registry; Homeless Community Court; and Veterans Housing and Services, was presented. October 14, 2008 13-E: Request of Mayor Pro Tem Bloom that the City Council urge the State Legislature and Governor Arnold Schwarzenegger to restore full funding for the Emergency Housing and Assistance Program (EHAP) to the 2009-2010 state budget. Without this funding, which was vetoed by Governor Schwarzenegger, armories in Culver City and West Los Angeles (and elsewhere in the region and throughout California) may not be able to operate, thus creating a health crisis among the homeless population. The Council is also requested to communicate and request similar resolutions from each of the 88 cities of Los Angeles County and each of its Councils of Government, particularly the Westside Cities Council of Governments, was presented. Members of the public Joey Fullmer, Albin Gielicz and Jerry Rubin commented on aspects of the report presented on the homeless. Discussion ensued on the progress made to date on the subject matter, on the on-going efforts and the pending results, and on the current state of the State's budget and proposed cuts by the Governor. On order of the Mayor, the information on the progress report was received and filed. Motion by Councilmember Shriver, seconded by Councilmember McKeown, to approve the Item 13-E request. The motion was unanimously approved by voice vote, with Councilmember O'Connor absent. 3-B: Design concepts for the "No-Smoking" ordinance outreach campaign -recommendation to review proposed design concepts for the "no-smoking" ordinance outreach campaign, provide input on the branding and messaging models, and based upon the review and input, direct staff to proceed with the public education campaign, was presented. Members of the public Jerry Rubin and Leah Mendelsohn commented on the proposed concepts. Discussion ensued on the merits of the proposals. Staff answered questions of City Councilmembers. 7 October 14, 2008 Motion by Councilmember McKeown, seconded by Mayor Katz, that the Consultant go back and develop a more playful use of the ideas presented '; and return with options that meet Council's expressed desire to be more engaging. The motion was approved by voice vote, with Mayor Pro Tem Bloom voting in opposition and Councilmember O'Connor absent. Mayor Pro Tem Bloom stated, for the record, that he voted in opposition because he is ready to move forward now, as the City needs to begin enforcement because the holiday season is coming up and residents are expecting enforcement of the existing law. SPECIAL ITEMS: 4-A: A Proclamation declaring October 2008 as Disability Awareness Month in the City of Santa Monica, was issued by Mayor Katz. ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2272 (CCS) EMERITUS entitled "AN ORDINANCE OF THE CITY OF SANTA MONICA COMMISSIONER ADDING SECTION 2.12.155 TO THE MUNICIPAL CODE TO CREATE THE POSITION OF COMMISSIONER EMERITUS ON THE Mayor Pro Tem Bloom was RECREATION AND PARKS COMMISSION," was presented. excused at 9: 00 p. m. Motion by Councilmember McKeown, seconded by Councilmember Genser, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Genser, Shriver, Holbrook, Mayor Katz NOES: None ABSENT: Councilmember O'Connor, Mayor Pro Tem Bloom VENDING MACHINES 7-B: Second reading and adoption of Ordinance No. 2273 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE CHAPTER 6.28 RELATING TO PUBLICATION VENDING MACHINES (NEWSRACKS)," was presented. Motion by Councilmember McKeown, seconded by Councilmember Holbrook, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Genser, Shriver, Holbrook, Mayor Katz NOES: None ABSENT: Councilmember O'Connor, Mayor Pro Tem Bloom 8 October 14, 2008 SOLAR PHOTOVOLTAIC 7-C: Second reading and adoption of Ordinance No. 2274 (CCS) SYSTEMS -STANDARDS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING STANDARDS TO ENSURE PUBLIC SAFETY FOR ALL STRUCTURES EQUIPPED WITH SOLAR PHOTOVOLTAIC SYSTEMS," was presented. Motion by Councilmember McKeown, seconded by Councilmember Genser, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Genser, Shriver, Holbrook, Mayor Katz NOES: None ABSENT: Councilmember O'Connor, Mayor Pro Tem Bloom SIGN CODE 7-D: Second reading and adoption of Ordinance No. 2275 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS 9.52.020, 9.52.030, 9.52.120, 9.52.130, 9.52.140, 9.52.150, AND 9.52.200 AND ADDING CODE SECTIONS 9.52.125, AND 9.52.135 UPDATING THE FORM OF THE CITY'S SIGN CODE TO CONFORM TO CURRENT LEGAL REQUIREMENTS AND TO CLARIFY CERTAIN OF THE SIGN CODE'S PROVISIONS," was presented. Motion by Councilmember McKeown, seconded by Councilmember Genser, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Genser, Shriver, Holbrook, Mayor Katz NOES: None ABSENT: Councilmember O'Connor, Mayor Pro Tem Bloom HEDGES, WALLS, AND 7-E: Introduction and first reading of an ordinance modifying the FENCES -HEIGHTS Municipal Code to modify fence, wall, and hedge standards, to grandparent existing nonconforming fences, walls and hedges that Mayor Pro Tem Bloom have been properly registered; to clarify/establish criteria for the returned at 9:03 p. m. repair and replacement of registered nonconforming fences, walls and hedges; to establish administrative and discretionary height modification procedures; to require the maintenance of hedges; and to specify aself--help remedy for overhanging hedges, was presented. October 14, 2008 Members of the public Paul Doose, Richard May, Matt Kunitz, Bruce Warner, Gerritt Hylkewa, Mark Sandelson, Stephanie Barbanell, Ian ' Robertson, Jerry Bass, Leah Mendelsohn, Aaron Mendelsohn, Jim Ferrell, Ted Winterer, Greg Ginter, Peter Broderick, R.F. Chimaytelli, and Susan Hartley spoke in support of the proposed ordinance. Members of the public Balsev Deegan, Manju Deegan, Susan Bochem, William Conkle, Ken Ziff, Harvey Kalitow, Virginia Kohfled and James Kohfeld spoke in opposition to the proposed ordinance. Motion by Councilmember McKeown, seconded b~yor Pro Tem Bloom, to introduce the ordinance as presented, reading by title only and waiving further reading thereof. Motion to amend by Councilmember Holbrook, that if property owner voluntarily removes a hedge or wall and is not replaced within 5 years, that the grandfathering clause expires. The motion was accepted as friendly by the maker and seconder. Motion to amend by Councilmember Genser, to clarify that the findings on the appeals would be the same as the last interim ordinance; and, to include the word "roots" in the section relating to overhangings. The motion was accepted as friendly by the maker and seconder. The motion, as amended, was approved by the following vote AYES: Councilmembers McKeown, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmember O'Connor SMOHING ORDINANCE 7-F: Resolution supporting local and statewide laws that prohibit the sale and promotion of tobacco products in pharmacies and drugstores in California; and urging all local pharmacies and drugstores not to sell or promote tobacco products; and introduction and first reading of an ordinance amending Chapter 4.44 of the Municipal Code on smoking to prohibit smoking in common areas of multi-unit residential properties; and adding Chapter 4.45 to the Municipal Code to create a tobacco retailer licensing program. Members of the public Ella Bronstein, James Levesque, and Tracye Isaac spoke in support of the proposed ordinance. 10 October 14, 2008 On order of the Mayor, this item was continued to a future Council meeting. STAFF ITEMS: 8-A: Appointments to Measure V Oversight Committee - MEASURE VOVER- recommendation to appoint at least three members to the Oversight SIGHT COMMITTEE Committee. On order of the Mayor, this item was continued to a future Council meeting. COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions for terms APPOINTMENTS ending June 30, 2008. Board/Commission No. of Appts. Term Ending Architectural Review Board 1 6/30/2012 Arts Commission 1 6/30/2012 On order of the Mayor, this item was continued to a future Council meeting. 13-B: Appointment to two unscheduled vacancies on the Commission on the Status of Women for terms ending June 30, 2011 On order of the Mayor, this item was continued to a future Council meeting. SAMOHI'S CHORAL 13-C: Request of Mayor Katz and Mayor Pro Tempore Bloom that SPRING EUROPEAN Council make a $15,000 donation on behalf of the City to Santa TOUR Monica High School to support the Choral's Spring European Tour in April 2009. Members of the public Sarah Gross and Dylan Braun spoke in support On order of the Mayor, and with the consensus of Councilmembers, this item was continued to October 28, to return as a 5-Item. CLIMATE ACTION & 13-D: Request of Councilmember Pam O'Connor and Mayor Pro SUSTAINABILITY Tem Richard Bloom that the City of Santa Monica sign the Los CHARTER Angeles Regional Collaborative for Climate Action & Sustainability Charter and instruct the City Manager to support and participate in this worthwhile effort and, further, that the City of Santa Monica encourage other local jurisdictions and key stakeholders throughout Los Angeles County to formally participate in this Collaborative. 11 October 14, 2008 On order of the Mayor, this item was continued to a fixture Council meeting. ECONOMIC UPDATE 13-F: Request of Mayor Pro Tem Bloom and Mayor Katz that the City Manager present the City Council and community with an update on economic matters of concern to the City of Santa Monica, including analysis of short and long term economic trends and their impact on the City's economy, recent Federal legislation to address the banking and credit industries and the recently adopted State budget. On order of the Mayor, this item was continued to a future Council meeting. PUBLIC INPUT: Members of the public Pro Se, Denise Barton and Art Casillas commented on various local issues. ADJOURNMENT: On order of the Mayor, the City Council meeting wa journed at 11:17 p.m, in memory of Dorothy Green and Doris Mey ' ATTEST: PP OVED r Maria M. Stew' art Herb Katz City Clerk Mayor 12 October 14, 2008