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M-030309CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 3, 2009 A special meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:48 p.m., on Tuesday, March 3, 2009, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Ken Genser Mayor Pro Tem Pam O'Connor Councilmember Richard Bloom Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Bobby Shriver (arrived at 6:06 p.m.) 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 5:48 p.m., with Councilmember Shriver absent. Liz Bar-El, Assistant to the City 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 various Consent Calendar items. Request by Councilmember McKeown to remove Item 1-C from the Consent Calendar. Motion by Councilmember Bloom, seconded by Mayor Pro Tem O'Connor, to approve all items on the Consent Calendar as presented except Item 1-C, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, March 3, 2009 Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver MINUTES 1-A: The minutes of the February 10, 2009, City Council meeting, were approved as submitted. CITY HALL RETROFIT 1-B: City Hall seismic retrofit project and HVAC project - PROJECT recommendation to authorize the City Manager to negotiate and execute a 7th amendment to Contract No. 8529 (CCS) with Black and Veatch, in the amount of $76,324 for a total of $2,202,619.00, for additional services for the seismic retrofit project, was approved. ANNENBERG BEACH 1-D: Resolution No. 10383 (CCS) entitled: "A RESOLUTION OF HOUSE CHARGES AND THE CITY OF SANTA MONICA SETTING FORTH THE FEES .REGULATIONS FOR THE FEES AND CHARGES FOR PARKING, COMMUNITY USE, AND PRIVATE FACILITY RENTALS AT THE ANNENBERG COMMUNITY BEACH HOUSE AT SANTA MONICA STATE BEACH," was adopted. BBB EXPANSION 1-E: Big Blue Bus Expansion Project -recommendation to authorize the City Manager to negotiate and execute Contract No. 9042 (CCS) with , Project Partners, in the amount of $145,488, for inspection services of the `` project, was approved. 183712th STREET 1-F: Resolution No. 10384 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 060446 FOR AN 8-UNIT CONDOMINIUM PROJECT AT 1837 12TH STREET," was adopted. BUS STOP REDEVELOP- 1-G: Bus Stop Redevelopment Program - recommendation to MENT PROGRAM authorize the City Manager to negotiate and execute Contract No. 9043 (CCS) with Lorcan O'Herlihy Architects, in the amount of $600,000, for architectural and design services for the project, was approved. CANCELLATION OF 1-H: Recommendation to cancel the regular City Council Meeting COUNCIL MEETINGS for March 10, 2009, due to lack of a quorum, was approved. 1324 5TH STREET 1-C: Demolition at 1324 5th Street - recommendation to authorize staff to seek permits and bids for the demolition of City-owned building at 1324 5th Street and temporarily reuse the lot for surface parking, was presented. Councilmember McKeown advised he removed this item from the 2 March 3, 2009 Consent Calendar to ask staff to return with options for a better adaptive use of the building, such as for use by a nonprofit, instead of using the space for parking for the next few years. Staff answered questions from Councilmembers. Motion by Councilmember McKeown to postpone action on this matter and ask staff to return with information on other options for use of the space. The motion died for lack of a second. Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Davis, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: Councilmember McKeown ABSENT: Councilmember Shriver Councilmember McKeown stated for the record that he voted in opposition to the motion because he believes in the context of the Sustainability City Program and the needs of non-profits in the community, and the City should not be so hell-bent for the wrecking ball. PARKING STRUCTURE On order of the Mayor, the regular City Council meeting recessed to a SEISMIC RETROFIT joint meeting with the Redevelopment Agency at 6:04 p.m., with Councilmember Shriver absent. 1-I: Parking Structure 2 Seismic Retrofit -recommendation that City Council authorize the City Manager to negotiate and execute a 4th amendment to Contract No. 8732 (CCS) with KPFF Consulting Engineers, in the amount of $50,152 for a total of $701,652, for design and bid preparation documents for the project; and an amendment to Contract No.8734 (CCS) with the Redevelopment Agency, in the amount of $50,152, for costs associated with the project. Recommendation that the Redevelopment Agency authorize the Executive Director to execute an amendment to Contract No. 8734 (RAS) with the City of Santa Monica for costs associated with the project, was presented. There was no one present for public comment. Motion by Councilmember Bloom, seconded bYMayor Pro Tem March 3, 2009 O'Connor, that the Council authorize the City Manager to negotiate and execute a 4th amendment to Contract No. 8732 (CCS) with KPFF Consulting Engineers, for $50,152 for a total of $701,652, for design and '' bid preparation documents for the project; and an amendment to Contract No.8734 (CCS) with the Redevelopment Agency, in the amount of $50,152, for costs associated with the project. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver Motion by Redevelopment Aeencv Member McKeown. seconded by Agency Member Holbrook, that the Redevelopment Agency authorize the Executive Director to execute an amendment to Contract No. 8734 (RAS) with the City of Santa Monica for costs associated with the project. The motion was approved by the following vote: AYES: Agency Members McKeown, Davis, Holbrook, Bloom, Vice Chair O'Connor, Chair Genser NOES: None ABSENT: Agency Member Shriver ADJOURNMENT On order of the Mayor, the special joint meeting with the Redevelopment Councilmember Shriver Agency was adjourned at 6:06 p.m., and the regular Council meeting was arrived at 6.•06 p. m. reconvened with Councilmember Shriver absent. CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:06 p.m., to consider closed sessions and reconvened at 6:52 p.m., with Councilmember Shriver absent, to report the following: 2-A: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(b): Pier Sign. ACTION: Heard. No reportable action taken. 2-B: Conference with Legal Counsel - Existing_Litigation: Action Apartment Association v. City of Santa Monica, Los Angeles Superior Court Case No. SC 091036. ACTION: Heard. No reportable action taken. 4 March 3, 2009 2-C: Conference with Legal Counsel -Existing Litigation: In the Matter of Compliance with California Code of Regulations, Title 13, Sections 2190 et seq. and 2023.w(b)(1), by the City of Santa Monica, California Air Resources Board Letter Dated October 23, 2008. The Ciry Attorney advised this case is related to an issue of City compliance with certain State regulations on air quality and recommended a settlement in the amount of $21,024. Payment to be made by check in the amount of $15,768 to California Air Pollution Control Fund; $2,628 to Peralta Community College District; and $2,628 to the California Pollution Control Financing Authority. Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Bloom, to approve Settlement No. 9044 (CCS), as recommended by the City Attorney. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver INSPIRATION: Presentation by the Santa Monica High School Band. The Santa Monica High School Band not being present, on order of the Mayor, the Council considered the next item. ORDINANCES: 7-A: Introduction and adoption of an ordinance of the City of TAXICAB Santa Monica establishing a moratorium on the issuance of taxicab MORATORIUM business licenses and police permits as provided under Chapter 6.48 of the Santa Monica Municipal Code and declaring the presence of Councilmember Shriver an emergency, was presented. returned at 6.•54 p. m. Members of the public Vick Aghayan, Fuad Sanch and David Bagramiav spoke in opposition to the proposed ordinance and expressed concerns with the proposed regulations. Discussion ensued on the merits of the proposed ordinance and its effects on taxicab drivers, customers, and on the Ciry. Motion by Mayor Genser, seconded by Councilmember McKeown, to introduce and adopt the ordinance, amended to apply the moratorium only to the business licenses for taxis; to allow for a procedure to exempt those taxis that are being purchased to replace existing licensed taxis; and that if an existing licensed taxi operator can demonstrate that an order March 3, 2009 was placed for a new taxi vehicle within the last 90 days and if the purchase was not completed, the taxi driver would lose a minimum of ': $1,000, that vehicle would also be eligible to get a business license. Discussion ensued on the merits of the motion. After considerable discussion, the motion was withdrawn. Motion by Councilmember Bloom, seconded by Mayor Pro Tem O'Connor, to take no action on the ordinance, and direct staff to move expeditiously in bringing forward the franchise recommendations. Substitute motion by Councilmember Holbrook, to introduce and adopt the ordinance, and to allow the Police Department to continue to license drivers and the City allow taxicab businesses to rotate (not increase) new vehicles to replace existing vehicles. The motion died for lack of a second. The standing motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: None AFFORDABLE HOUSING 7-B: Introduction and first reading of an ordinance amending the PROGRAM Affordable Housing Production Program, Santa Monica Municipal Code Chapter 9.56, to exempt specified City-financed one hundred percent affordable nonprofit housing projects from the Program, to require that occupants of affordable housing be selected from aCity- maintained list with certain exceptions, and to clarify that affordable housing units include very low-, low-, and moderate-income units. This matter was heard as part of Item 8-A. STAFF ITEMS: 8-A: Revisions to the Affordable Housing Production Program AFFORDABLE HOUSING (AHPP) - recommendation to introduce for first reading an ordinance PRODUCTION amending the Affordable Housing Production Program, Santa Monica PROGRAM Municipal Code Chapter 9.56, to exempt specified City-financed one hundred percent affordable nonprofit housing projects from the Program, to require that occupants of affordable housing be selected from aCity- maintained list with certain exceptions, and to clarify that affordable housing units include very low-, low-, and moderate-income units; amend the AHPP Guidelines to require that occupants be selected from a city-administered housing eligibility list with specified exceptions; revise 6 March 3, 2009 protocols regarding administration and maintenance of the city waiting list; substitute the type of index used in the resale price formula regarding affordable ownership units; and add the affordable housing fee adjustment methodology adopted by Council, was presented. Members Of the public Joey Fullmer and Joan Ling spoke in support of the proposal. Motion by Councilmember McKeown, seconded by Councilmember Davis, 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 Bloom, Holbrook, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: None Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: None ST. MONICA'S 8-B: Saint Monica Development Agreement Concept Plans - 725 DEVELOPMENT California Avenue -recommendation to discuss the proposal involving AGREEMENT a campus expansion and parking improvement plan; direct staff to pursue the Development Agreement negotiation process; and provide direction for negotiation of potential public benefits, appropriateness, and design alternatives, was presented. Tom Zanic, representing St. Monica's, spoke in support of the project. The following members of the public commented on various aspects of the proposed project: Suzanne Verge and Bert Bradley. Motion by Councilmember McKeown, seconded by Councilmember Shriver, to approve staff recommendation. The motion was approved by the following vote: (The City Attorney stated, for the record, that by approving the motion, 7 March 3, 2009 the City Council is not approving the project, but only giving the green light to go forward with the concept.) AYES: Councilmembers Bloom, Holbrook, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: None EXPOSITION LIGHT 8-C: Exposition Light Rail Phase 2 -Recommendations for RAIL -PHASE 2 Alignment and Other Components of the Project within the City of Santa Monica -recommendation to (1) adopt the "Colorado" alternative as the alignment for Exposition Light Rail Phase 2; (2) adopt Resolution No. 10385 entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE CITY STANDARDS AND PRACTICES FOR CURB RETURN RADII AND CURB ACCESS RAMPS AT STREET INTERSECTIONS, TO MINIMIZE THE NUMBER OF PROPERTY ACQUISITIONS REQUIRED FOR THE PROJECT IN SANTA MONICA' ; (3) request the Expo Authority to continue searching for an alternative maintenance yard site; (4) explore with a narrower track width configuration on Colorado west of 17`h, for on-street parking on both sides of the street; (5) direct staff to analyze additional parking needs for each station and return to Council with recommenda- tions before the Expo Authority has finalized park-and-ride recommenda- tions; (6) direct staff to work with Metro to obtain a waiver or a revised policy so that riders pay for the use of any parking near rail stations within the City; (7) direct staff to work with the Expo Authority and the bicycling community to resolve the Expo Bike Path routing and address bike access to the stations; (8) direct staff to work with the Expo Authority to minimize the visual impact of overhead train electrification wires; (9) and to ensure the adopted budget for the Expo Phase 2 project includes compensation to the City for use of the City-owned property at 4~' and Colorado, was presented. The following members of the public spoke generally in favor of the project and expressed concerns related to safety, noise, sustainability, location, and related impacts on residents and businesses: Gennifer Yoshimaru, Roger Holt, Nina Path, Roger Weaver, Barbara Whitney, Laverne Ross, James Phelan, Marcia Jinner, Michael Tarbet, Jerry Rubin, Jason Ranne, Katie Ranne, Russel Mulock, Damien Goodsman, Louise Jaffe, Raphael Sisa, Cameron Henton, Philip Jankosky, Genevieve Bertone, David Finkel, Eleanor Path, Harvey Eder, Nathaniel Trives, John Semke, Christine Paria, Maria Loya, Oscar de la Torre, Bruria Finkel, Jay Williamson, Myrna Duran, Yvonne Teruya, Patrick O'Rourke, Robin Roy, Christel Anderson, Maria Leon Vasquez, Allison March 3, 2009 Kindall, Darrell Clarke, Linda Piera-Avila, Tom Larmore and Genise Schnitman. Motion by Councilmember McKeown, seconded by Councilmember Bloom, to convey to the Expo Authority that it is the policy of the City to vigorously oppose the proposed location for the maintenance yard and to request the Authority to continue searching for an alternative site which is not located next to a residential neighborhood; to communicate to other voting members on the Expo Board and the Metro Board. The motion was unanimously approved by voice vote, with all members present. Motion by Councilmember Holbrook, seconded by Mavor Pro Tem O'Connor, to adopt Resolution No. 10385 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: None Councilmember Davis. seconded by Mavor Pro Tem O'Connor, to adopt a policy that the City supports the Colorado alternative for the alignment, and to communicate the policy to other voting members on the Expo and the Metro Boards. The motion was unanimously approved by voice vote, with all members present. Motion by Councilmember Davis. seconded by Mayor Pro Tem O'Connor, to direct staff to proceed with the following: to explore with a narrower track width configuration on Colorado west of 17~', for on-street parking on both sides of the street; to analyze parking needs for each station and return to Council with recommendations before the Expo Authority has finalized park-and-ride recommendations; direct staff to work with Metro to obtain a waiver or a revised policy so that riders pay for the use of any parking near rail stations within the City; direct staff to work with the Expo Authority and the bicycling community to resolve the Expo Bike Path routing and address bike access to the stations; work with the Expo Authority to minimize the visual impact of overhead train electrification wires; to ensure the adopted budget for the Expo Phase 2 project includes compensation to the City for use of the City-owned property at 4~' and Colorado; and to ensure bus access to the site and to Crossroads School and look at the issues of vibration and noise at certain March 3, 2009 locations. The motion was unanimously approved by voice vote, with all members present. COUNCIL ITEMS: 13-A: Appointment to one annual vacancy on the Pier Restoration APPOINTMENT Corporation for a term ending November 11, 2012. On order of the Mayor, this item was continued to March 24, 2009. EARTH HOUR 2009 13-B: Request of Councilmember McKeown that the City of Santa Monica participate in the worldwide Earth Hour 2009 on March 28th, turning off all non-essential lighting for one hour at 8:30pm local time, to make a shared global statement of concern about energy use and climate change, and to demonstrate a commitment to finding solutions; and that the City urge Santa Monica businesses, institutions and residents to participate as well, was presented. Member of the public Jerry Rubin spoke in support of the request. Motion by Councilmember McKeown, seconded by Mayor Genser, to approve request. The motion was unanimously approved by voice vote, with all members present. RESIGNATION 13-C: Recommendation to accept Gleam Davis' resignation from the Planning Commission and authorize the City Clerk to publish the vacancy, was presented. Motion by Councilmember Genser, seconded by Mayor Pro Tem O'Connor, to approve recommendation. The motion was unanimously approved by voice vote, with all members present. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 10:43 p.m. EST: APPROVED: Maria M. Stewart~~ Ken Gen e~~ City Clerk Mayor 10 March 3, 2009