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M-111108CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 11, 2008 A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:45 p.m., on Tuesday, November 11, 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 Pam O'Connor (arrived at 5:50 p.m.) Councilmember Bobby Shriver (arrived at 6:00 p.m.) 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 5:45 p.m., with Councilmembers O'Connor and Shriver absent. Mayor Katz 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 vazious 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 further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, McKeown, Mayor November 11, 2008 Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmembers O'Connor, Shriver MINUTES 1-A: The minutes of the October 28, 2008, City Council meeting were approved as submitted. 1920 MONTANA AVE. 1-B: Resolution No. 10355 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA approving Final Tract Map No. 068538 for a six unit project at 1920 Montana Avenue," was adopted. TRAFFIC SIGNAL 1-C: Purchase of traffic signal controllers -recommendation to CONTROLLERS authorize the City Manager to negotiate and execute Contract No. 8999 (CCS) with Siemens TS, in the amount of $151,500 for the purchase of 86 Mode12070 traffic signal controllers, was approved. CUSTODIAL SERVICES 1-D: Extension of custodial services agreement for the Public AGREEMENT Safety Facility -recommendation to approve an additional extension to the existing custodial services agreement with L.A. Cha, in the amount of $200,000, was approved. STREET AND PARK 1-F: Street and Park Lighting Project -recommendation to LIGHTING PROJECT authorize the City Manager to negotiate and execute Contract No. 9000 (CCS) with C.T. &F, in the amount of $1,237,825 for construction of the project, was approved. ANNENBERG BEACH 1-G: Annenberg Beach House construction contract amendment - HOUSE recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8652 (CCS) with Midwest Environmental Control, in the amount of $390,000 for a total of $2,360,513, for remediation of soil fill material; and, to negotiate and execute an amendment to Contract No. 8701 (CCS) with Smith-Emery Company, in the amount of $49,500 for a total of $197,570, for deputy inspection and materials testing services, was approved. DC-3 MONUMENT' 1-H: Use of City Seal for DC-3 Monument -recommendation to authorize the use of the Seal of the City of Santa Monica on the DC-3 Monument at the City Airport, was approved. DONATION OF TRAFFIC 1-E: Recommendation to approve donation of one used Interceptor SCOOTER Traffic Scooter to the Santa Monica High School Baseball Team/Athletic Department, was presented. 2 November 11, 2008 Councilmember McKeown Councilmember McKeown advised he removed this item from the was excused at 5:49 p. m. Consent Calendar because a conflict of interest he has with the matter due to his employment by the School District. Motion by Councilmember Genser, seconded by Mayor Katz, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmembers O'Connor, Shriver, McKeown CLOSED SESSIONS: Member of the public Pro Se commented on information available relative to closed sessions. Councilmember O'Connor arrived at 5: 50 p. m. On order of the Mayor, the City Council recessed at 5:50 p.m., to consider closed sessions and reconvened at 7:25, with all members Councilmember McKeown present, to report the following: returned at S: 50 p. m. 2-A: Conference with Real Property Negotiators. Councilmember Shriver Property: 1654 19'h Street arrived at 5:55 p. m. City Negotiator: Andy Agle, Dir. Housing and Economic Development Under Negotiation: Interest in Real Property Owner of Record: Guntram & Liane Ossa Trust ACTION: Heard. No reportable action taken. 2-B: Conference with Real Property Negotiators. Property: 1776 Main Street 1700 Ocean Avenue City Negotiator: Andy Agle, Dir. Housing and Economic Development Under Negotiation: Interest in Real Property Owner of Record: Rand Corporation ACTION: Heazd. No reportable action taken. 2-C: Conference with l Property: City Negotiator: Under Negotiation. Owner of Record: Leal Property Negotiators. 1640 Fifth Street Andy Agle, Dir. Housing and Economic Development Interest in Real Property Waldman Family Trust, et. al. 3 November 11, 2008 ACTION: Not Heard. 2-D: Conference with Real Property Negotiators. Property: 1224 4`h Street City Negotiator: Andy Agle, Dir. Housing and Economic Development Under Negotiation: Interest in Real Property Owner of Record: Santa Monica Bay Woman's Club ACTION: Not Heard. 2-E: Conference with Real Property Negotiators. Property: 1320 Fourth Street City Negotiator: Under Negotiation: Owner of Record: ACTION: Not Heard. Andy Agle, Dir. Housing and Economic Development Interest in Real Property Santa Monica Redevelopment Agency 2-F: 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-G: 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-H: Conference with Legal Counsel -Existing Litigation: Smilev v. City of Santa Monica, Case No. BC394492. ACTION: Not Heard. 2-I: Conference with Legal Counsel -Existing Litigation: Larry Gulihur v. City of Santa Monica, Superior Court Case Number SC 095055. ACTION: Not Heard. 4 November 11, 2008 2-J: Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(b): 161 Ocean Park Boulevard. ACTION: Heard. No reportable action taken. 2-K: Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(b): 2300 Wilshire. The City Attorney briefed Council on a proposed settlement. Motion by Councilmember O'Connor, seconded by Mayor Kati to approve proposed Settlement No. 9001 (CCS) as follows: Application for a redesign mixed use project filed in August 2008 will be processed and reviewed in accordance with the development standards in effect on November 30, 2006, except as otherwise authorized by the Government Code. The City will not apply the development standards established by Ordinance No. 2207 (CCS). Prior to review of the project by the Planning Commission the applicant would modify the project design to break up the building mass along Wilshire, provide additional variability of roof heights along Wilshire, and address the south elevation transition from the adjacent residences across the alley. City staff will also carefully review the design and operational aspects of the project at the rear alley. The Planning Commission and City Council would retain their standard discretion to review the revised project in accordance with the development standards and other code requirements applicable to the original projects. And, should the project be approved, the applicant would agree to certain specified operational conditions intended to minimize adverse impacts. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, Mayor Pro Tem Bloom, Mayor Katz NOES: Councilmember McKeown ABSENT: None 2-L: Conference with Legal Counsel -Existing Litigation - NMBroadway Studios, LLC v. City 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. November 11, 2008 2-M: Initiation of litigation pursuant to subdivision (c) of Section 54956.9:.two cases. ACTION: Not Heard. STUDY SESSION: 3-A: Report on status of dispute with the FAA and the alternative AIRPORT/FAA of enhancing airport runway safety through the use of the EMAS DISPUTE technology, and request for direction to staff relative to the required mediation with the FAA, was presented. The following members of the public expressed airport-related safety concerns and provided suggestions and ideas for the required mediation: Jeanne Laurie, Zina Josephs, Peter Donald, Ping Ho, Brian Bland, Susan Hartley, Stephen Mark, Cathy Larson, Lloyd Saunders, Jim Donaldson, Stephanie Body, Elizabeth Hanna, Martin Rubin and Jerry Rubin. Staff and legal counsel answered questions from Councilmembers. Considerable discussion ensued on points presented by staff, on comments made by members of the public and on the process and timeline for the mediation. On order of the Mayor, the information was received and filed. ORDINANCES: 7-A Second reading and adoption of Ordinance No. 2277 (CCS) TOBACCO RETAILER entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA LICENSING PROGRAM ADDING CHAPTER 4.45 TO THE MUNICIPAL CODE TO CREATE A TOBACCO RETAILER LICENSING PROGRAM", was presented. Motion by Councilmember McKeown, seconded by Councilmember Holbrook, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: None SUBSTANTIAL 7-B: Introduction and first reading of an ordinance amending REMODELS Municipal Code Sections 9.04.02.030.825 and 9.04.20.34.030 and adding 9.04.18.085 to modify the threshold at which a structure is determined to be substantially remodeled and establishing the procedures for exceptions and adjustments in specified circumstances, was presented. November 11, 2008 There was no one present for public comment. Motion by Councilmember Censer. seconded by Councilmember Holbrook, 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, Censer, O'Connor, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: None MULTI-FAMILY 7-C: Introduction and first reading of an interim ordinance CONSTRUCTION extending interim Ordinance Nos. 2250 and 2256 (CCS) clarifying PROJECTS LIMIT that only one new multi-family construction project is allowed within a 500-foot radius in the City's multi-family residential districts and modifying these interim ordinances to establish the maximum length of time that projects subject to the construction rate program can be delayed, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Mayor Kati to introduce ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Censer, O'Connor, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: None STAFF ITEMS: 8-A: Report on Transportation Impact Fee -recommendation to TRANSPORTATION review information presented and direct staff as needed, was presented. IMPACT FEE Members of the public Pro Se, Zina Josephs and Sherrill Kushner spoke in support of additional related information. Motion b~vor Pro Tem Bloom, seconded b~yor Kati to receive and file report. The motion was unanimously approved by voice vote with all members present. 7 November 11, 2008 EXCHANGE OF CITY- 8-B: Exchange of City-owned property at 1920 Ocean Way and OWNED PROPERTY AT solicitation of residential development proposals for 1828 Ocean 1920 OCEAN WAY Avenue -recommendation to authorize staff to proceed with specific tasks related with the proposed exchange of city-owned property at 1920 Ocean Way including entering into exclusive negotiations with the Neptune Walk LLC and Edward Thomas Companies, and soliciting development proposals for the proposed 1828 Ocean Avenue exchange property site, was presented. Member of the public Barbara Dehne commented on the process followed by staff to arrive at the recommendation. Motion by Mayor Pro Tem Bloom, seconded by Mayor Kati to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: None PUBLIC HEARINGS: 9-A: Public Hearing for Street Light Assessment District - STREET LIGHT recommendation to hold a public hearing and receive public comment on ASSESSMENT DISTRICT the formation of assessment districts for installation of new street lights on 15th Street (from Alta to Montana Avenues) and on Urban Avenue (from Yorkshire to Dorchester Avenues); close the public hearing and continue to November 25, 2008, for adoption of the canvass of the election, was presented. The public hearing was opened. There being no one present for public comment, the public hearing was closed. Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: None November 11, 2008 GENERAL PLAN 9-B: Public Hearing to adopt a Negative Declaration and adopt the HOUSING ELEMENT 2008-2014 General Plan Housing Element - recommendation to hold a public hearing, receive public comment, adopt Resolution No. 10356 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING THE INITIAL STUDY/NEGATIVE DECLA- RATION IN COMPLIANCE WITH THE CALIFORNIA ENVIRON- MENTAL QUALITY ACT"; and adopt Resolution 10357 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING THE PROPOSED 2008-2014 GENERAL PLAN HOUSING ELEMENT AS REVISED," was presented. Member of the public Catherine Eldridge commented on the proposed recommendation. Motion by Councilmember McKeown. seconded by Councilmember Genser, to adopt Resolution No. 10356 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: None Motion by Councilmember McKeown, seconded by Mayor Katz, to adopt Resolution No. 10356 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: None COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions for terms APPOINTMENTS ending June 30, 2008. Board/Commission No. of Appts. Term EndinE Architectural Review Board 1 6/30/2012 On order of the Mayor, appointment to the Architectural Review Board was continued to November 25, 2008. 9 November 11, 2008 Arts Commission 6/30/2012 On order of the Mayor, the floor was opened for nominations to the Arts Commission. Councilmember McKeown nominated Robin Mitchell. Councilmember O'Connor nominated Walter John Meyer. Councilmember Holbrook nominated George Minardos. The nominations failed by the following vote: Mitchell: Councilmembers Genser, McKeown Minardos: Councilmember Holbrook Meyer: Councilmembers O'Connor, Mayor Pro Tem Bloom, Mayor Katz Abstain: Councilmember Shriver Councilmembers McKeown, Holbrook and Genser requested to change their vote to Mr. Meyer, thereby appointing Mr. Meyer by the following vote: Mitchell: None Minardos: None Meyer: Councilmembers O'Connor, McKeown, Holbrook, Genser, Mayor Pro Tem Bloom, Mayor Katz Abstain: Councilmember Shriver STATUS OF WOMEN 13-B: Appointment to two unscheduled vacancies on the Commission on the Status of Women for terms ending June 30, 2011. Councilmember McKeown nominated Hannah Galloway and Anne Goeke. There being no other nominations, Ms. Galloway and Ms. Goeke were appointed by acclamation, with all members present. SOCIAL SERVICES 13-C: Appointment to one unscheduled vacancy on the Social COMMISSION Services Commission for a term ending June 30, 2012. On order of the Mayor, this matter was continued to November 25, 2008. 10 November 11.2008 COLLABORATIVE FOR 13-D: Request of Councilmember Pam O'Connor and Mayor Pro CLIMATE ACTION AND Tem Richard Bloom that the City of Santa Monica sign the Los SUSTAINABILITY 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, was presented. There was no one present for public comment. Motion by Councilmember O'Connor, seconded by Mayor Pro Tem Bloom, to approve request. The motion was unanimously approved by voice vote, with all members present. ECONOMIC UPDATE 13-E: 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. At the request of Mayor Pro Tem Bloom and Mayor Katz, this matter was withdrawn. PRC APPOINTMENT 13-F: Appointment to two annual vacancies on the Pier Restoration Corporation with terms ending November 11, 2012. On order of the Mayor, the floor was opened for nominations. Councilmember Genser nominated Joel Brand. There being no other nominations, Mr. Brand was appointed, with Councilmember Holbrook voting in opposition, and with all members present. On order of the Mayor, the second vacancy was continued to November 25.2008. RECS & PARKS - 13-G: Appointment to newly created Emeritus position on the EMERITUS POSITION Recreation and Parks Commission. On order of the Mayor, the floor was opened for nominations. 11 November 11, 2008 Councilmember McKeown nominated Frank Schwengel. There being no ;- other nominations, Mr. Schwengel was appointed by acclamation, with all members present. DISABILITIES COMM. 13-H: Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending June 30, 2010. On order of the Mayor, this matter was continued to November 25, 2008. RESIGNATION 13-I: Recommendation to accept Bruce Kragen's resignation from the Commission for the Senior Community and authorize the City Clerk to publish the vacancy. Motion by Councilmember O'Connor, seconded by Mayor Katz, to accept the resignation with regrets and approve recommendation. The motion was unanimously approved by voice vote, with all members present. 4"' STREET MEDIAN 13-J: Request of Councilmember Shriver for staff to report on the NEAR ADELAIDE use of the median on 4th Street, near Adelaide, for exercising purposes including the associated allocation of resources to enforce existing laws at the location and for the City Manager to con£rm that the enforcement activities were not undertaken at the request of any councilmember(s), but in response to complaints from San Vicente Avenue tenants and condominium owners, was presented. There was no one present for public comment. On order of the Mayor, the information was received and filed. A DAY WITHOUT A BAG 13-K: Request of Councilmember McKeown, on behalf of Heal the Bay, that the Council adopt Resolution No. 10358 (CCS), by which the City of Santa Monica would join the City and County of Los Angeles in declaring December 18, 2008 the second annual "A Day Without a Bag," encouraging holiday shopping with reusable tote bags rather than single-use plastic and paper carry-out bags, in the interest of sustainability, reduction of landfill and protection of the marine environment, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Mayor Kati to approve recommendation. The motion was unanimously approved by voice vote, with all members present. 12 November 11, 2008 PUBLIC INPUT: Member of the public Pro Se commented on local concerns. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 10:54 p.m., in memory of Veteran's Day, Diane Howell, Jay Fiondella, Michael Crichton, Sylvia Phelps, and Peter Wolf. ATTEST: Maria M. Stewart City Clerk 13 November 11, 2008