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M-092308CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 23, 2008 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem Bloom at 5:55 p.m., on Tuesday, September 23, 2008, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tem Richard Bloom Councilmember Ken Genser Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Pam O'Connor (arrived at 6:15 p.m.) Councilmember Bobby Shriver (arrived at 6:25 p.m.) Absent: Mayor Herb Katz Also Present: City Manager P. Lamont Ewell City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:55 p.m., with Councilmembers O'Connor, Shriver, and Mayor Katz absent. Deputy City Manager Eileen Polacheck 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. Member of the public Joey Fullmer commented on various Consent Calendar items. At the request of Councilmember McKeown, Item 1-A was removed from the Consent Calendar. Motion by Councilmember Holbrook, seconded by Councilmember Genser, to approve all items on the Consent Calendar as presented except Item 1-A, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Mckeown, Genser, Holbrook, Mayor Pro Tem September 23, 2008 B1oomNOES: None ABSENT: Councilmembers O'Connor, Shriver, Mayor Katz LCNG FUELING 1-B: Liquefied Compressed Natural Gas (LCNG) Fueling Station STATION maintenance -recommendation to award Bid No. 2933 to Northstar, in the amount of $748,490, to provide maintenance, repair, service and parts for the fueling station, was approved. GEORGINA STREET 1-C: Georgina Avenue Street Lighting Assessment Project - LIGHTING recommendation to adopt Resolution No. 10342 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR NOVEMBER 25, 2008, TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENT OF COSTS FOR THE INSTALLATION OF STREET LIGHTS ON GEORGINA AVENUE, FROM 4TH TO 7TH STREETS," was approved. PIER RESTROOM 1-D: Construction of Pier central restroom facility - FACILITY recommendation to activate phase two of design-build Contract No. 8821 (CCS), with T.L.D. Construction for the project; approve a guaranteed maximum price amendment of $2,891,060; and authorize $990,166 from the Pier Infrastructure Improvements Project for this project, was approved. BBB EXPANSION 1-E: Geotechnical services for the BBB Expansion Project - PROJECT recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 1508 (8978 (CCS)) with Converse Consultants, in the amount of $109,256, for geotechnical services, for a revised total of $172,706, was approved. 1717 4TU STREET LEASE 1-F: Sublease of space at 1717 4th Street for City operations - recommendation to authorize the City Manager to negotiate and execute Sublease Agreement No. 8979 (CCS) with the Los Angeles Times for the first floor of 1717 4th Street, at the rate of $2.75 per foot, for use by City TV and Code Enforcement Divisions, was approved. SWIM CENTER 1-G: Purchase of Swim Center chemicals -recommendation to award SUPPLIES Bid No. 2947 to Hill Brothers Chemical, in the estimated amount of $129,000, to furnish and deliver chemicals for the Swim Center, was approved. 1-H: Patient Care Tracking and Reporting System - PATIENT TRACKING recommendation to authorize the City Manager to negotiate and execute 2 September 23, 2008 an amendment to Contract No. 8828 (CCS) with Proper LLC, in the amount of $2,500, for patient care tracking and reporting system for Emergency Medical Services, was approved. SOLAR DEMO PROJECT 1-I: Solar Santa Monica Demonstration Project -recommendation to authorize the City Manager to negotiate and execute Agreement No. 8634 (CCS) with EcoMotion, in the amount of $450,000, to provide project development and implementation services for the program, wa: approved. LOBBYING SERVICES 1-J: State Representative and lobbying services -recommendation to authorize the City Manager to negotiate and execute five year Contract No. 8980 (CCS) with Shaw/Yoder, Inc. for State Representative and Lobbying Services, in an amount not to exceed $42,350 for the first year and with future years subject to cost of living increases, was approved. PROFESSIONAL 1-K: Organizational development and training services - DEVELOPMENT recommendation to authorize the City Manager to negotiate and execute SERVICES an amendment to the Contract No. 8981 (CCS) with Glaser & Associates, Inc., in the amount of $40,000, for Organizational Development and Training Services in FY2008-09, was approved. CAFE AT CIVIC CENTER 1-L: Cafe Space at the Civic Center Parking Structure - PARKING STRUCTURE recommendation that the City Council authorize the City Manager to negotiate and execute Concession Agreement No. 8982 (CCS) with High Rise Goodies Restaurant Group d.b.a. Trimana Grill for the operation of a cafe located in the Santa Monica Civic Center Parking Structure, was approved. HEAL THE BAY 1-M: Santa Monica Bay Educational and Outreach Services recommendation that City Council authorize the City Manager to negotiate and execute a modification to Professional Services Agreement 1514 (8984 (CCS)) in the amount of $50,000 with Heal the Bay to provide educational consulting services for K-12 public and private schools located in Santa Monica for a one year period beginning July 1, 2008, through June 30, 2009, was approved. LEGAL PUBLISHING 1-N: Awarding Bid to Publish City's Legal Notices - recommendation to awazd bid to the Santa Monica Daily Press to publish the City's legal notices for fiscal year 2008-2009, pursuant to the requirements of Section 609 of the City Charter, was approved. 1-O: Resolution No. 10343 (CCS) entitled: "A RESOLUTION OF EXECUTIVE PAY PLAN THE CITY OF SANTA MONICA AUTHORIZING THE CITY September 23, 2008 MANAGER TO EXECUTE A CONSOLIDATED, UPDATED, AND REVISED EXECUTIVE PAY PLAN," was adopted. ADMIN. TEAM 1-P: Resolution No. 10344 (CCS) entitled: "A RESOLUTION OF ASSOCIATES THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMO- RANDUM OF UNDERSTANDING WITH THE ADMINISTRATIVE TEAM ASSOCIATES," was adopted. MINUTES 1-A: Approval of minutes of the July 22, July 23, and July 24 City Council meetings, was presented. Councilmember McKeown advised he removed this item from the Consent Calendar because of a concern that motions related to the LUCE project were phrased to approve the PowerPoint presentation and that, because of the medium it is in, the information may not be accessible to the public, Councilmember Mckeown suggested the bullets in the PowerPoint be added to the minutes in textform to clarify action taken. Discussion ensued. Council directed staff to revise the minutes to add text describing the concepts approved by the motions made by Council that were based on the PowerPoint presentation. On order of the Mayor Pro Tem, the minutes were continued to October 14, 2008. CLOSED SESSIONS: Members of the public Joey Fullmer and Pro Se commented on various Closed Session items. 2-A: Conference with Real Property Negotiators. Property: 1654 19`h Street City Negotiator: Andy Agle, Director of Housing and Economic Development Under Negotiation: Interest in Real Property Owner of Record: Guntram & Liane Ossa Trust ACTION: Not Heard. 2-B: Conference with Real Property Negotiators. Property: 1320 Fourth Street City Negotiator: Andy Agle, Director of Housing and Economic Development Under Negotiation: Interest in Real Property Owner of Record: City of Santa Monica ACTION: Not Heard.2-C: Conference with Real Property September 23, 2008 Negotiators. Property: City Negotiator: Under Negotiation Owner of Record: ACTION: Not Heard. 1222 4`h Street Andy Agle, Director of Housing and Economic Development Interest in Real Property Santa Monica Bay Woman's Club 2-D: Conference with Legal Counsel -Existing Litigation: NMBroadwav Studios, LLC v. Citv of Santa Monica, Case No. BS 110077; Lincoln Studios, LLC v. City of Santa Monica, Case No. BS 110078; Nebraska Studios, LLC v of Santa Monica, Case No. BS 110079. ACTION: Not Heard. 2-E: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): 161 Ocean Park Boulevard. ACTION: Not Heard. 2-F: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): 2300 Wilshire. ACTION: Not Heazd. 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 ACTION: Heazd. No reportable action taken. 2-H: Conference with Legal Counsel -Existing Litigation: United States of America and Peters v. Citv of Santa Monica, USDC, Case No. CV08-02695 CW(Ex) ACTION: Heard. No reportable action taken. 2-I: Conference with Legal Counsel -Existing Litigation: Smilev v. City of Santa Monica, Case No. BC394492 September 23, 2008 ACTION: Heard. No reportable action taken. 2-J: Anticipated litigation: Palms Pronerty No. 13LLC v. Colasanti, LASC Case No. 08U01988 -Request that City file amicus brief. ACTION: Not heard. ADMIN. PROCEEDINGS: On order of the Mayor Pro Tem, Items 6-A and 6-B to be heard 858 3`d STREET APPEAL concurrently. 6-A: Appeal of Planning Commission's approval of vesting tentative tract map for 12- unit condominium project at 858 3rd Street - recommendation to deny the appeal and uphold the Planning Commission's approval of the tract map allowing airspace subdivision for a 12-unit residential condominium project subject to recommended findings and conditions. Appellants: William Pirtle, et al. Applicant: Federal Avenue Partners, LLC. 860 3rd STREET APPEAL 6-B: Appeal of Planning Commission's approval of vesting tentative tract map for condominium project at 860 3rd Street - recommendation to deny the appeal and uphold the Planning Commission's approval of the tract map allowing airspace subdivision for a 12-unit residential condominium project subject to recommended findings and conditions. Appellants: William Pirtle, et al. Applicant: Federal Avenue Partners, LLC. On order of the Mayor Pro Tem, the public hearing having been closed on September 9, 2008, the matter was before Council. Considerable discussion ensued regarding: the project and its relationship, either as a separate structure or as a single structure, to the project listed as 6-B; whether the two addresses consist of one or two parcels; the issue of the applicability of an Ellis withdrawal application. Motion by Councilmember Genser, seconded by Councilmember McKeown, to approve the two tract maps with the condition that for purposes of planning, the existing structure is one single structure. Discussion ensued on the merits of the motion and the added condition. At the request of staff, this matter was temporarily tabled to allow time for review of the effect of the motion. Subsequently, the matter was taken 6 September 23, 2008 up again. Sr. Land Use Attorney Barry Rosenbaum read into the record proposed language to add a new Finding No. 9: "858 and 860 3`d Street are presently developed with one common structure." In addition, add to current Condition 15, at the end, "in reviewing any Ellis withdrawal application for the property, the Rent Control Board take into account the City Council's determination that 858 and 860 3`d Street are presently developed with one common structure." After discussion and consideration, the original motion was rephrased as follows: McKeown to deny the appeal and approve the map for 858 3`" Street with modified conditions and findings as stated above. The motion was approved by the following vote: AYES:Councilmembers McKeown, O'Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Mayor Katz McKeown to deny the appeal and approve the map for 860 3`° Street with modified conditions and findings as stated above. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom NOES:None ABSENT: Mayor Katz 1515-1525 OCEAN AND 6-C: Appeal of Planning Commission's decision related to the 1530 2YD STREETS construction of a new 164-room hotel at 1515-1525 Ocean Avenue (TRAVELODGE) and 1530 Znd Street (Travelodge Hotel) -recommendation to deny appeals and uphold the Planning Commission's certification of the EIR, adoption of necessary CEQA findings, adoption of Statement of Over- riding Considerations, approval of Development Review Permit, Condi- tional Use Permit, Variance, and approval of General Plan Amendment subject to recommended findings and conditions, was presented. Members of the public Joey Fullmer, Pro Se, and Brian Hutchings commented on various aspects of the project. Members of the public Mike Grunning, Jerry Rubin, Norman Kravitz and Tony Larvas spoke in support of the project. September 23, 2008 Motion by Councilmember O'Connor, seconded by Councilmember McKeown, to adopt Resolution No. 10345 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE EIR." The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Mayor Katz Motion by Councilmember O'Connor, seconded by Councilmember Holbrook, to adopt Resolution No. 10346 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA MAKING NECESSARY CEQA FINDINGS, ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PROGRAM." The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, McKeown, Mayor Pro Tem Bloom NOES: None ABSENT: Mayor Katz Motion by Councilmember O'Connor, seconded by Councilmember Holbrook, to adopt Resolution 10347 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT." The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Mayor Katz Motion by Councilmember Genser, seconded by Councilmember McKeown, that: as to applicant/appellant's appeal, that it be partially approved and partially denied, that as to the neighbor's appeal, that it be denied; approve the development review permit, conditional use permit, and variance based on the findings and conditions set forth in the staff report, including revised Conditions 8, 64, and 10; approve technical changes recommended in the staff report; that the ARB is directed to pay special attention to materials and design on the alley facade and the elevation, and to the appropriateness of the front trellis; correct the room 8 September 23, 2008 number to 72; and, athree-story enclosed bridge. Motion to amend by Councilmember O'Connor, seconded b~ Councilmember Holbrook, that the room rate be based on the $80 amount recommended by staff which is indexed to be $172. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Shriver, Holbrook, Mayor Pro Tem Bloom NOES: Councilmembers McKeown, Genser ABSENT: Mayor Katz The main motion was approved as amended by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, McKeown, Mayor Pro Tem Bloom NOES: None ABSENT: Mayor Katz Motion by Mayor Pro Tem Bloom, seconded by Councilmember Genser, to direct staff to review affordable lodging, including the ordinance that was discussed, with a view towards maintaining and possibly increasing affordable lodging stock. The motion was unanimously approved by voice vote, with Mayor Katz absent. ORDINANCES: 7-A: Introduction and first reading of an ordinance amending SIGN ORDINANCE Municipal Code Sections 9x2.020, 9.52.030, 9.52.120, 9.52.140, 9.52.150, and 9.52.200 and adding Municipal 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, including restrictions upon real estate signs, was presented. Member of the public Mike Grunning commented on various aspects of the proposed ordinance. Motion by Councilmember Genser, seconded by Councilmember McKeown, to introduce the ordinance for first reading, amended to define the term of "close proximity" to a definition of 500 feet. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, McKeown, Mayor Pro Tem Bloom NOES: None September 23, 2008 ABSENT: Mayor Katz STAFF ITEMS: 8-A: Borderline Neighborhood -Longfellow Demonstration LONGFELLOW DEMO Project -recommendation to review and provide comment and direction PROJECT on the proposed design, and if appropriate, approve concept option 1 for the project; and authorize the City Manager to negotiate and execute an amendment to Contract No. 8644 (CCS) with Nelson-Nygaard Consulting Associates, in the amount of $310,000, for a total contract amount of $427,000, to develop the recommended concept into construction bid documents, was presented. Members of the public Robert Rotman, Dennis Woods, Hunter Eley, Robert Braunstein, and Nicole Picard spoke in support of the project. Motion by Councilmember Shriver, seconded by Councilmember O'Connor, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Mayor Katz REED PARK 8-B: Reed Park Improvements -recommendation to review and IMPROVEMENTS provide comment and direction on the proposed design for the Reed Park improvements, and if appropriate, approve design concept; and authorize the City Manager to modify existing Contract No. 8674 (CCS) with Katherine Spitz Associates, in an amount not to exceed $16,764 (including 10% contingency) for the design improvements to Reed Park, for a revised contract total of $101,849, was presented. Member of the public Brian Hutchings commented on the proposed project. Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, McKeown, Mayor Pro Tem Bloom NOES: NoneABSENT: Mayor Katz 8-C: Land Use and Circulation Element (LUCE) Next Steps: 10 September 23, 2008 LUCE Transportation Analysis Methodology and Impact Fee Implementation -recommendation to: Refine measurement tools to assess and monitor the ongoing performance of the transportation system; develop a forecasting model that can be used in the environmental evaluation of the Land Use and Circulation Element (LUCE); and develop a nexus study to implement a Transportation Mitigation Impact Fee, was presented. The following members of the public commented on the aspects of the recommendation: M. Ross, Diana Gordon, Sherrill Kushner, Ellen Brennan, Ted Winterer, Zina Josephs, Mary Marlow, Catherine Eldridge, Nicole Picard, Brian Hutchings, and Tom Larmore. Considerable discussion ensued on the recommendation and its merits and effects, and on comments and issues raised by members of the public. Motion by Councilmember Genser, seconded by Councilmember McKeown, to give direction to staff including that the traffic model should consider a 24-hour city and a 7-day week city; pay particular attention to characteristics of neighborhoods that would affect it; and consider a braking mechanism base on traffic impacts, define specific traffic goals, and failure to meet them would mean that remedial action be taken to withhold permits (as appropriate) that generate more traffic until there is a return to compliance with traffic goals. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Mayor Katz Motion by_Councilmember McKeown, seconded by Councilmember Shriver, to direct staff to research documents and testimony provided by members of the public tonight, regarding possible uncollected development impact fees and return with a report at the next council meeting, if possible, or soon thereafter. The motion was unanimously approved by voice vote, with Mayor Katz absent. COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions for terms APPOINTMENTS ending June 30, 2008. Councilmember Shriver was Board/Commission No. of Appts. Term Ending excused at 12:12 a. m. Architectural Review Board 1 6/30/2012 Arts Commission 1 6/30/2012 11 September 23, 2008 On order of the Mayor Pro Tem, this matter was continued to October 14, 2008. RESIGNATION 13-B: Recommendation to accept Carol Agate's resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy. Motion by Councilmember Genser, seconded by Councilmember O'Connor, to approve recommendation. The motion was unanimously approved by voice vote, with Councilmember Shriver and Mayor Katz absent. PICO NEIGHBORHOOD Councilmember McKeown requested to be excused from this matter due LIBRARY to a conflict of interest due to his employment by the school district. Councilmember McKeown 13-C: Request of Mayor Pro Tem Bloom and Councilmember was excused at 12:14 a. m. Genser that the City Council direct city staff to investigate the possibility of locating a new branch of the Santa Monica Public Library in the Pico Neighborhood, request input from stakeholders and relevant Boards and Commissions, and explore the possibility of collaborating with the Santa Monica-Malibu Unified School District, was presented. Motion by Councilmember Genser, seconded b~ayor Pro Tem Bloom, to approve request. The motion was unanimously approved by voice vote, with Councilmembers McKeown, Shriver, and Mayor Katz absent. PUBLIC INPUT: Members of the public Pro Se, Denise Barton, John Newton, Brian Hutchings and Sossie Vanek Wheeler discussed various subjects. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:20 a.m. Maria M. Stewart City Clerk R D: char Bloom Mayor Pro Tem 12 September 23, 2008