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M-011309CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 13, 2009 A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:48 p.m, on Tuesday, January 13, 2009, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Ken Genser Councilmember Richard Bloom Councilmember Robert T. Holbrook Mayor Pro Tem Pam O'Connor (arrived at 5:54 p.m.) Councilmember Kevin McKeown Councilmember Bobby Shriver (amved at 6:13 p.m.) (One vacant Council seat) Also Present: City Manager P. Lamont Ewell City Attorney Marsha Jones Moutrie Acting City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:48 p.m., with Councilmember Shriver, absent. Councilmember McKeown 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 Joey Fullmer and Pro Se commented on various Consent Calendar items. Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve all items on the Consent Calendar as presented, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver MINUTES 1-A: The minutes of the July 22, July 23, and July 24, 2008, City Council meetings, were approved as submitted. January 13, 2009 MINUTES 1-B: The minutes of the November 25, December 2, December 9, and December 15, 2008 City Council meetings, were approved as submitted. LOBBYING SERVICES 1-C: Professional Services Agreement for Lobbying Services - recommendation to authorize the City Manager to negotiate and execute Contract No. 9020 (CCS), with Jordon & Associates, in the amount of $60,000, for Federal representative and lobbying services on issues relating to bus transit for a period of three years with an additional one year renewal option, was approved. RED LIGHT PHOTO 1-D: Automated Red Light Photo Enforcement Program - ENFORCEMENT recommendation to receive report recommending that the Program not be implemented, was approved. 182716T" STREET 1-E: Resolution No.10372 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR TRACT N0.065437 TO SUBDIVIDE A PROPERTY AT 1827 SIXTEENTH STREET," was adopted. REVISED WATER 1-F: Resolution No.10373 (CCS) entitled: "A RESOLUTION OF RATES THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING WATER RATES AND WATER SERVICE CHARGES," was adopted. WEBSITE SERVICES 1-G: Modification to Agreement with PMC for Website Services - recommendation to authorize the City Manager to negotiate a modification to Contract No. 8861 (CCS), with PMC, in the amount of $47,300, for the redesign of the Big Blue Bus website and creation of the Historic Resources Inventory website, was approved. OFFICE FURNITURE 1-H: Furniture purchase for the Civic Parking Structure Tenant PURCHASE Improvement Project -recommendation to award a purchase order to Haworth Product under U.S. Communities Contract, in the amount of $175,910 plus a 10% contingency, to furnish office furniture, furnishings and equipment for the Civic Center Parking Structure, was approved. TRAFFIC CONTROLLER 1-I: Development of Traffic Controller Software -recommendation SOFTWARE to authorize the City Manager to negotiate and execute Contract No. 9021 (CCS) with McCain Inc., in the amount of $130,000, for the development of traffic signal controller software, was approved. January 13, 2009 GRANT FUNDS FOR 1-J: Resolution No. 10371 (CCS) entitled: "A RESOLUTION OF EUCLID PARK THE CITY OF SANTA MONICA ACCEPTING THE ASSIGNMENT OF THE RIGHT TO APPLY FOR PROPOSITION A 1992 SPECIFIED AND PROPOSITION A 1996 PER PARCEL FUNDS FROM THE COUNTY OF LOS ANGELES AND APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR THIRD SUPERVISORIAL DISTRICT PER PARCEL, SPECIFIED, AND EXCESS FUNDING FOR THE EUCLID PARK DEVELOPMENT PROJECT, was adopted. FEED IN TARIFF 1-K: Support of Feed-In Tariff Legislation that supports the Goals LEGISLATION of Solar Santa Monica -recommendation that the Council approve support of creating new State Feed-In Tariff legislation, was approved. REMEMBERING The City Council shared thoughts and took a moment of silence in memory COUNCILMEMBER of Councilmember Herb Katz, who passed away on January 7, 2009. HERB KATZ CLOSED SESSIONS: Member of the public Pro Se commented on information available relative to closed sessions. On order of the Mayor, the City Council recessed at 6:12 p.m. to consider Councilmember Shriver closed sessions and reconvened at 7:31 p.m., with all members present, to arrived at 6:13 p. m. report the following: 2-A: Conference with Re Property: City Negotiator: Under Negotiation: Owner of Record: .al Property Negotiators. 1334 Fifth Street Andy Agle, Dir. Housing and Economic Development Interest in Real Property Sunnyside Group ACTION: Heard. No reportable action taken. 2-B: Conference with Real Property Negotiators. Property: 1320 Fourth Street City Negotiator: Andy Agle, Dir. Housing and Economic Development Under Negotiation: Interest in Real Property Owner of Record: Santa Monica Redevelopment Agency ACTION: Heard. No reportable action taken. January 13, 2009 2-C: Conference with Re; Property: City Negotiator: Under Negotiation: Owner of Record: ACTION: Heard. al Property Negotiators. 1640 Fifth Street Andy Agle, Dir. Housing and Economic Development Interest in Real Property Waldman Family Trust, et. al. No reportable action taken. 2-D: Conference with Real Property Negotiators. Property: 1224 4"' 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: Heard. No reportable action taken. 2-E: Conference with Legal Counsel -Existing Litigation - NMBroadwayStudios. 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. The City Attorney briefed Council on the proposed settlement Motion by Councilmember McKeown, seconded by Councilmember Holbrook, to approve a settlement agreement contingent upon approving Item 7-C as follows: dismissal of all litigation brought by the applicant who had obtained approval on administrative applications filed before March 24, 2007 and the developer would abandon its application fora 623 unit Single Room Occupancy (SRO) project at Olympic and Nebraska; the settlement would allow the applicant to proceed with specifically revised administrative applications for mixed-use SRO projects at Broadway and Lincoln, subject to appropriate Architectural Review Board and Landmark Commission review. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: None 2-F: Conference with Legal Counsel -Existing Litigation: Broeeer v. City of Santa Monica, Superior Court Case No. BC378071. ACTION: Heard. No reportable action taken. January 13, 2009 2-G: Anticipated Litigation: Request that City participate in EPA Petition on behalf of California Municipalities Supporting California Greenhouse Gas Emission Standards for New Motor Vehicles. ACTION: Not Heard. 2-H: Conference with Legal Counsel -Existing Litigation: Ci of Santa Monica v. City of Los Angeles, Case No L. A. S. C. BS 093502. The City Attorney briefed Council on the proposed settlement. Motion by Councilmember Holbrook, seconded by Councilmember Bloom, to approve a settlement agreement related to Phase 2 of the Playa Vista Development, that the City of Los Angeles would complete additional CEQA review previously mandated by the court; L.A. would recertify an EIR for the project and would have to reapprove the land use entitlements; Playa would agree that all of its previous approvals for Phase II were vacated; Playa would also pay petitioners fees and costs. This settlement would eventually bring the matter back to the L.A. City Council. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Shriver, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: None 2-I: Conference with Legal Counsel -Existing Litigation: Friends of the Earth v. Mosbacher, U.S.D.C. Case No. C02- 4106. The City Attorney briefed Council that this is a Federal lawsuit brought by four cities (Arcadia, Oakland; Boulder, Colorado; and Santa Monica) and two environmental groups against the U.S. Government agencies that fund overseas energy projects. These projects contribute to global warming. The lawsuit is to compel the government to conduct environmental impact studies before funding projects. Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve a settlement agreement that would change government agency's practices to insure greater transparency; prepare Environmental Assessments on projects with significant emissions; scale back on projects that emit large amounts of greenhouse gases; increase support for renewable energy projects; and attorney fees for the two environmental group plantiffs. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: None January 13, 2009 2-J: 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-K: Conference with Legal Counsel -Existing Litigation: United States of America and Peters v. City of Santa Monica, USDC, Case No. CVOS-02695 CW(Ex). ACTION: Not Heazd. STUDY SESSION: 3-A: Discussion of Actions taken by the Santa Monica-Malibu Unified School District to resolve Special Education issues and to RELEASE OF FUNDS TO request the release of reserve account funds, was presented. THE SCHOOL DISTRICT Motion by Councilmember Holbrook, seconded by Councilmember Bloom, to combine this item with Item 8-C and hold the public hearing first. This motion was unanimously approved by voice vote, with all members present. 8-C: Payment to the Santa Monica-Malibu Unified School District - consideration to authorize a $804,470 payment to the District under the Master Facilities Joint Use Agreement, was presented. Items 3-A and 8-C were presented and the public hearings were held concurrently. Members of the public Jeny Rubin, Shazi Davis, Gleam Davis, Rebecca Kennerly, Lupe Ibarra Smith, Martha Duran-Contreras, Tom Nagle, Judith Meister, Debbie Mulvaney, Laurie Lieberman, Nancy Gesnke, Laura Rosenbaum, spoke in support of Council releasing the funds to the school district Members of the public Clara Sturk, Claudia Landis, Tricia Crane, Steve Barnett, Theresa Harris, Debra Sheppard, Kenneth Haker, Irene Zivi, Chris Chandler, Lee Jones, Richard Milanesi, Gail Milanesi and Marina Riascaora expressed concerns and suggestions including that Council should not release the funds; release half of the funds; or release the funds but request more accountability from the school district. The public hearing was closed. 6 January 13, 2009 Councilmember McKeown recused himself from the dias before Item 8-C was discussed, because of a conflict of interest due to his employment by Councilmember McKeown the School District.. excused himself at 8: 54 p. m. Motion by Councilmember Shriver, seconded by Mayor Genser, for Item 8- C, to release funds to authorize payment to the Santa Monica-Malibu Unified School District under the Master Facilities Joint Use Agreement. The motion was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember McKeown No other action was taken on Item 3-A. ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2281 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLOORPLAIN SANTA MONICA ADDING CHAPTER 7.68 TO THE SANTA MONICA MANAGEMENT MUNICIPAL CODE ESTABLISHING FLOODPLAIN MANAGEMENT REGULATIONS," was presented. Motion by Councilmember Holbrook, seconded by Councilmember Bloom, to adopt ordinance, reading by title only and waiving further Councilmember McKeown reading thereof. The motion was approved by the following vote: returned at 9:24 p. m. AYES: Councilmembers Bloom, Holbrook, Shriver, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: None REGULATE SMOKING 7-B: Introduction and first reading of ordinance amending Chapter 4.44 of the Santa Monica Municipal Code on Smoking to Regulate Smoking In Common Areas of Multi-Unit Residential Properties; and recommendation for direction related to public education and outreach, was presented. Members of the public Jerry Rubin, Marilyn Korade/Wilson, Marlene Gomez, Nadiya Juma, Beth Miller, Richard Groff, William McCarthy, Sareena Kanji, Ester Schiller, Steven Gallegos, Ella Bronstein, and Charity Luv Colbert, commented on the proposed ordinance. January 13, 2009 Motion by Councilmember McKeown, seconded by Councilmember Bloom, to introduce ordinance, reading by title only and waiving further reading thereof. Motion to amend made by Mayor Pro Tem O'Connor, that on Page 3 of the ordinance, change the phrase "banning smoking" to "regulating smoking," and on Page 2, include the citation for the findings of the "GARB Report." The motion to amend was accepted as friendly. The original motion as amended was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: None Council gave direction to staff that the public education campaign should include a sample letter to be posted on the city website for renters to use; Councilmember Holbrook instructions on proof of delivery; and step by step instruction on resolving was excused at 10:06 p. m. the issue before proceeding legally. Motion by Councilmember Shriver, seconded by Councilmember McKeown, to direct staff to research other cities' ordinances to see if there is a way to inform renters when rental units have previously been inhabitecT by smokers. The motion was unanimously approved by voice vote with Councilmember Holbrook absent. INTERIM ORDINANCE 7-C: Introduction and first reading of an interim ordinance extending the current interim ordinances modifying the development review thresholds to require that any housing project in excess of fifty units obtain a development review permit and to adjust the applicability provision of these ordinances, was presented. There was no one present for public comment. Motion by Councilmember Bloom, seconded by Councilmember McKeown, to introduce ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Bloom, Shriver, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Holbrook January 13, 2009 PLASTIC BAGS 7-D: Introduction and Trst reading of ordinance prohibiting retail establishments from providing single use plastic carryout bags and regulating the use of paper carry out bags in Santa Monica retail Councilmember Holbrook establishments, was presented. returned at 10:14 p. m. Members of the public Zachary Gold, Sherry Bhagwagar, Andrew Brown, Ariel Yakura, Mel Delia, Amanda Dworkin, Alberto DePablo, Megan Kilroy, Celia Stilphen, Evelina Weary, Juli Schulz, Lisa Saperstein, Mark Gold, Sonia Diaz, Kirsten James, Jacy Bolden, Lee Wallach, Leslie Tamminen, Steve Williams, Lindsey Jurca, Jerry Rubin, John Murdock spoke in support of the ordinance. Members of the public Brian Hutchings, Ella Bronstein, Chandler Hadraba expressed concerns regarding the ordinance and requested for more research before bringing this issue back for a vote. Motion by Councilmember Bloom, seconded by Councilmember Shriver, to approve the recommendation made by staff during the presentation to not hold first reading of the ordinance, but instead hold the public hearing and give direction on the substance of the proposed Ordinance, and request that staff return with any revisions made by the Council during this meeting and an analysis of the appropriate level of environmental review. Motion to amend by Councilmember Shriver, to avoid any loss in time, that the Nexus Study be done at the same time as the Environmental studies. The motion to amend was accepted as friendly. Motion to amend by Mayor Genser, to clarify the definition of "prepared foods" in the ordinance. The motion to amend was accepted as friendly. The original motion as amended was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: None Motion by Mavor Pro Tem O'Connor, seconded by Councilmember Bloom, to direct staff to come back with suggestions on stimulating economic projects for developing new green jobs, specifically manufacturing of reusable bags from recycled materials. The motion was unanimously approved by voice vote with all members present. January 13, 2009 CONTINUE THE MEETING STAFF ADMINISTRATIVE ITEMS: BAYSIDE BY-LAWS AND APPOINTMENTS Motion by Councilmember McKeown, seconded by Mayor Genser, to continue the meeting after 11:00 p.m. The motion was unanimously approved by voice vote with all members present. 8-A: Approval of Bayside District Corporation Amended By-Laws, Appointment of Members to the Board, and Amended Services Agreement - recommendation to approve Second Amended and Restated By-Laws of the Bayside District Corporation; appoint six members to serve on the Board, three for two-year terms and three for four-year terms; and, to provide direction on terms to include in an Amended and Restated Services Agreement, was presented. Councilmember Shriver was excused at 11:19 p.m. There was no one present for public comment. Motion by Councilmember Bloom, seconded by Mayor Pro Tem O'Connor, to approve second amended By-Laws of the Bayside District Corporation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to give __- direction to create a mechanism to ensure that all Assessment District Board members are current on their payment of assessments fees and taxes to the district and to the city. The motion was unanimously approved by voice vote with Councilmember Shriver absent. Motion by Mayor Genser, seconded by Councilmember Bloom, to appoint Barbara Bryan, Rob Rader and Johannes Van Tilburg for terms ending June 30, 2010; and Kelley Wallace, Patricia Hoffman and Todd Flora for terms ending June 30, 2012. The vote was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver Motion by Mayor Genser, seconded by Councilmember Holbrook, to approve the Service Agreement terms proposed by staff, and to direct staff to have more accountability on the Ambassador Program and the Work Plan for Annual Maintenance. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. 10 January 13, 2009 FIRE DISPATCH 8-B: Fire Dispatch Comparative Study and Recommendations - recommendation to authorize the City Manager to terminate the fire dispatch agreement with the City of Los Angeles as soon as practical and to reactivate the Fire Dispatch Center in the Public Safety Facility with Santa Monica Fire Department dispatchers; and, recommendation that Council approve the appropriations to initiate the process as part of the 2008/09 Midyear report and the FY 2009/10 budget, was presented. Member of the public Brad Lomas spoke in support of the proposal. Motion by Councilmember Holbrook, seconded by Councilmember McKeown, to accept staff recommendation. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. OCEAN PARK BLVD - 8-D: Preliminary Concept Designs for the Ocean Park Boulevard STREETSCAPE Streetscape Project -recommendation to review the two proposed design alternatives for the project, and direct staff to proceed with additional public participation, refinement of concepts and input from the Planning Commission. Councilmember Holbrook was excused at 11: 58 p. m. On order of the Mayor, this matter was continued to January 27, 2009. COUNCIL ITEMS: 13-A: Appointment to one annual vacancy on the Pier Restoration Corporation for a term ending November 11, 2012. PRC APPOINTMENT On order of the Mayor, this matter was continued to January 27, 2009. DISABILITIES 13-B: Appointment to one unscheduled vacancy on the Disabilities COMMISSION Commission for a term ending June 30, 2010. On order of the Mayor, this matter was continued to January 27, 2009. SENIOR COMMUNITY 13-C: Appointment to one unscheduled vacancy on the Commission COMMISSION for the Senior Community for a term ending June 30, 2011. On order of the Mayor, this matter was continued to January 27, 2009. TRAVEL FUNDS 13-D: Request of Councilmember Richard Bloom that the City Council authorize the use of Council travel funds for the purpose of attending the February 12-13 National Conference on Ending Family Homelessness, sponsored by the National Alliance to End Homelessness (http://www.endhomelessness.orgn in San Diego, California, was presented. There was no one present for public comment. 11 January 13, 2009 Motion by Mayor Pro Tem O'Connor, seconded by Mayor Censer, to approve the request. The motion was unanimously approved by voice voter with Councilmembers Shriver and Holbrook absent. PUBLIC INPUT Members of the public Daren Laureano, Denise Barton, Pro Se, Brian Hutchings, Art Casillas and Ken Ward spoke on various issues. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:15 a.m. to a Special Meeting on January 17, 2009, in memory of Faye June Kessler, Clyde Smith, Michael Leavitt, John Hoover, and Robert Graham. ATTEST: APPROVED: ~n,~e..~t~v~~l~ Denise Anderson-Warren en Censer Acting City Clerk Mayor 12 January 13, 2009