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M-062309CITY OF SANTA MONICA CITY COUNCIL MINUTES NNE 23, 2009 A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:53 p.m., on Tuesday, June 23, 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 Kevin McKeown Absent: Councilmember Bobby Shriver 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 5:53 p.m., with Councilmember Shriver absent. Don Patterson, 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 Joey Fullmer, Pro Se, M. Ross and Ken Ward commented on various Consent Calendar items. Motion by Councilmember McKeown. seconded b~ ayor Pro Tem O'Connor, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver MINUTES 1-A: The minutes of the May 26, May 27, and June 9, 2009, City June 23, 2009 Council meetings were approved as submitted. LEGAL PUBLISHING 1-B: Bid to Publish City's Legal Notices -recommendation that the City Council award a bid to The Santa Monica Daily Press to publish the city's legal notices for fiscal year 2009-10, pursuant to the requirements of Section 609 of the City Charter, was approved. LAX PRISONER 1-C Transportation of prisoners to LAX County Courthouse - TRANSPORTATION recommendation to authorize the City Manager to negotiate and execute Agreement No. 9077 (CCS) with the Los Angeles County Sheriffs Department in the amount of $120,061, to provide transportation for Santa Monica Police Department prisoners to the Superior Court of California -County of Los Angeles Airport Branch, was approved. MOUNTAIN VIEW 1-D: Gas and electrical facilities easements at Mountain View MOBILE HOME PARK Mobile Home Park - recommendation to adopt Resolution Nos. 10399 (CCS) and 10400 (CCS) authorizing the City Manager to execute a Grant of Easement to Southern California Edison for construction and maintenance. of new electrical facilities services, and for construction and maintenance of gas facilities services the Mountain View Mobile Home Park, located at 1930 Stewart Street, was approved. WATER REPLACEMENT 1-E: Water Replacement/Upgrade Project -recommendation to & UPGRADE PROJECT authorize the City Manager to negotiate and execute Agreement No. 9078 (CCS) with CSD Engineering, Inc. (a.k.a. Cannon), in the amount of $380,000, to provide design services for the Water Main Replacement/Upgrade Project, was approved. PIER STRUCTURE AND 1-F: Pier Structural Upgrades and Gangway Project - GANGWAY recommendation to authorize the City Manager to negotiate and execute Agreement No. 9079 (CCS) with URS Corporation in the amount of $430,000, to provide design services for the Pier Structural Upgrade and Gangway Project, was approved. WASTEWATER MAIN 1-G: Wastewater Main Replacement/Upgrade -recommendation to authorize the City Manager to negotiate and execute Agreement No. 9080 (CCS) with Psomas in the amount of $540,000, to provide design services for the Wastewater Main Replacement/Upgrade Project, was approved. HISTORIC RESOURCE 1-H: Historic Resources Analysis Services -recommendation to 2 June 23, 2009 ANALYSIS authorize the City Manager to approve an amendment to Contract No. 8912 (CCS) with PCR Services Corporation for an additional $24,672, resulting in a new total amount not to exceed $229,593.70, to provide historic resources analysis for the City Planning Division, was approved. RECORDS RETENTION 1-I: Records Retention Schedule revisions -recommendation to SCHEDULE adopt Resolution No. 10401 (CCS) approving revisions to the City-wide Records Retention Schedule, was approved. CLOSED SESSIONS: Member of the public Pro Se commented on the extent of information contained in the posting of closed sessions. On order of the Mayor, the City Council recessed at 6:19 p.m., to consider closed sessions and returned at 7:19 p.m., with Councilmember Shriver absent, to report the following: 2-A: Conference with real property negotiator (Govt. Code section 54956.8): Property: (3 parcels seaward of the 1921 Mean High Tide Line and adjacent to 850 Palisades Beach Road City negotiator: Andy Agle Negotiating parties: City and Jonathan Club Under negotiation: Lease pricing and terms ACTION: Heard. No reportable action taken. 2-B: 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-C: 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-D: Conference with Legal Counsel -Anticipated Litigation: Initiation of litigation pursuant to Section 54956.9c (initiation of 1 case to collect transient occupancy taxes owing from on-line booking companies; retention of counsel). ACTION: Heard. No reportable action taken. June 23, 2009 2-E: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 549569 (b)(1): two cases. ACTION: First case was not heard; second case was heard with no reportable action taken. 2-F: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b): matter involving signage at 1547 7th Street. ACTION: Heard. No reportable action taken. 2-G: Anticipated Litigation: Initiation of Litigation pursuant to Section 54956.9c (California Regional Water Quality Control Board, Clean Up and Abatement Order No. R4-2008-0034, Former Gillette Paper Mate facility, 1681 26th Street, Santa Monica, Ca.) ACTION: Heard. No reportable action taken. ORDINANCES: 7-A: Introduction and first reading of an ordinance amending Chapter 6.104 of the Municipal Code relating to massage regulations i to comply with new State law, was presented. There was no one present for public comment. Motion by Mayor Pro Tem O'Connor, seconded by Councihnember Holbrook, 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 McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver COMMUNITY EVENTS 7-B: Introduction and first reading of an ordinance Amending ORDINANCE Chapter 4 of the Municipal Code, the Community Events Ordinance, !. June 23, 2009 to establish a permit requirement for activities or events of 75 or more persons on the City's 3rd Street Promenade or on the Santa Monica Pier, to authorize the Bayside District Corporation and the Pier Restoration Corporation to issue community event permits for events less than 150 persons, and to eliminate the annual community event permit, was presented. There was no one present for public comment. Discussion ensued on the merits of the proposed ordinance, existing policy for issuing of permits, and on the issues of safety if the proposed ordinance is adopted. After considerable discussion, it was the consensus of Council to continue this matter to a future meeting to allow staff time to research the questions raised and to allow the Bayside District Corporation to comment, should its Board choose to do so. STAFF ITEMS: On order of the Mayor, the City Council recessed to a joint meeting with MINUTES: HOUSING & the Housing Authority, Parking Authority, and Redevelopment Agency at PARHING AUTHORITY, 7:34 p.m., with Councilmember Shriver absent. REDEVELOPMENT AGENCY 8-A: Approval of minutes of the: Housing Authority for April 8 and June 17, 2008, and April 14, 2009; Parking Authority for May 27, June 17, July 23, and November 25, 2008, and Redevelopment Agency for December 4, 2007, January 8, March 11, April 8, April 22, May 13, June 10, June 17, July 8, July 23, September 16, November 25, December 2, and December 9, 2008, January 27, February 24, March 3, March 24, April 14, Apri128, and May 12, 2009, was presented. Motion b~~ Mayor Pro Tem O'Connor, seconded by Councilmember Holbrook, to approve the minutes as submitted. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. FY2009-2010 BUDGET 8-B: Adoption of FY 2009-10 Budget; approval of personnel changes; adoption of resolution adjusting and establishing various rates and fees and accepting federal grant funds; and adoption of resolutions establishing the City's GANN appropriations limit for FY 2009-10 -recommendation that the City Council adopt Resolution No. 10402 (CCS) to establish new classifications and adopt salary rates; Resolution No. 10403 (CCS) to establish annual adjustment to fees; Resolution No. 10404 (CCS) adopting Business License Fees; Resolution 10405 (CCS) to set Library fees; Resolution 10406 (CCS) to set parking June 23, 2009 violation fees; Resolution 10407 (CCS) to establish a fee for tobacco retail license; Resolution 10408 (CCS) to establish Social Service Program fees; Resolution 10409 (CCS) to establish City Facilities Fees; Resolution 10411 (CCS) to set the GANN appropriations limit; and that Council accept grant funds from the Los Angeles Homeless Services Authority and from HUD. Recommendation that the City Council adopt Resolution No. 10410 (CCS), the Housing Authority adopt Resolution No. 84 (HAS), the Parking Authority adopt Resolution 249 (PAS), and the Redevelopment Agency adopt Resolution No. 517 (RAS), each adopting its respective FY2009-20010 budget, was presented. Members of the public Joey Fullmer, T.J. Hill, Brian Buckner, Susan Cloke, and Mazk Gold spoke in support of various programs and projects. Considerable discussion ensued on the recommended funding and priority of projects including but not limited to certain capital improvement projects, enforcement of deed restricted affordable units, construction costs for the historical museum, environmental impact report (EIR) for the plastic bag ban ordinance, tree maintenance and replacement, funding for city yards, and soccer field monitoring costs. After considerable discussion, Mayor Genser asked for a consensus vote and summarized the agreed-upon expenditure of available funds as follows: $60,000 for the plastic bag ordinance EIR; $50,000 for the Historical Society museum funding as a set aside until staff researches the details of the formal loan funding; $205,000 for tree trimming, $27,500 for one-time deed-restricted housing monitoring, and $35,000 for waiver of the soccer field turf monitoring fee for those individuals that are already registered. In addition, the remaining $10,000 and any savings from the EIR or from the set-aside for the turf monitoring fee reduction will be dedicated to tree/oleander replacement. Council unanimously approved consensus by voice vote, with Councilmember Shriver absent. Motion by Councilmember Holbrook, seconded by Councilmember Davis, to adopt Resolution No. 10402 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser June 23, 2009 NOES: None ABSENT: Councilmember Shriver Motion by Councilmember McKeown, seconded by Councilmember Holbrook to adopt Resolution Nos. 10403-10407 (CCS) reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver Motion by Councilmember Davis, seconded by Councilmember Holbrook to adopt Resolution Nos. 10408 and 10409 (CCSO, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver Motion By Councilmember Holbrook. seconded by Mayor Genser to adopt Resolution No. 10411 (CCS) establishing the GANN appropriations limit, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver Motion bv_Councilmember McKeown, seconded by Councilmember Davis, to authorize the City Manager to execute a grant agreement to accept $381,791 in grant funds for services for the homeless; and an agreement to accept $491,791 in grant funds for the Serial Inebriate Program. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser June 23, 2009 NOES: None ABSENT: Councilmember Shriver Motion by Councilmember/Agency Member/Commissioner/Authority Member Holbrook, seconded by Councilmember/Agency Member/Commissioner/Authority Member Davis, to adopt resolutions adopting each entity's respective budget, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers/Agency Members/Commissioners/ Authority Members McKeown, Davis, Holbrook, Bloom, Chair Pro Tem/Mayor Pro Tern/Vice Chair O'Connor, Chair/Mayor Genser NOES: None ABSENT: Councilmember/Authority Member/Agency Member/Commissioner Shriver Councilmember McKeown requested clarification that the motion just approved included various directions to staff and workplan adjustments discussed during deliberations including, but not limited to, request for information on 20% reduction in water usage, the "City as Park" concept integration, adoption of bio-degradable Smart Card, etc. Councilmember , Holbrook, as the maker of the motion, advised and Mayor Genser confirmed, that the motion included these points. ADJOURNMENT OF On order of the Mayor, the special joint meeting was adjourned at 9:29 SPECIAL JOINT p.m., and the regular City Council meeting reconvened with MEETING Councilmember Shriver absent. PIER CENTENNIAL 8-C: Santa Monica Pier Centennial Plans, September 9, 2009, PLANS fireworks, and West End Plaque Community Fundraising Program - recommendation to authorize the Pier Restoration Corporation's proposed fireworks display for September 9, 2009, and the West End Plaque Community Fundraising Program to support the Pier Centennial Celebration, was presented. Motion by Councilmember McKeown, seconded by Mayor Genser, to approve recommendation, with the direction to staff to provide additional information regarding any environmental issues related to the proposed fireworks display, and on any other environmentally friendly fireworks available. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, McKeown, June 23, 2009 Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver ZERO WASTE 8-D: Zero Waste Strategic Plan and Extended Producer STRATEGIC PLAN Responsibility Resolution -recommendation to direct staff to develop a zero waste strategic plan; and adopt Resolution No. 10412 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SUPPORTING THE CALIFORNIA PRODUCT STEWARDSHIP COUNCIL AND EXTENDED PRODUCER RESPONSIBILITY," was presented. There was no one present for public comment. Motion by Councilmember McKeown. seconded by Councilmember Bloom, to approve recommendation. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. RESOLUTIONS: 11-A: Amendment to Preferential Parking Zone K -recommendation PREFERENTIAL to adopt Resolution No. 10413 (CCS) entitled: "A RESOLUTION OF PARKING ZONE K THE CITY OF SANTA MONICA AMENDING PREFERENTIAL PARKING ZONE K CHANGING THE RESTRICTIONS ON 14TH, 15TH, AND 16TH STREETS BETWEEN WILSHIRE BOULEVARD AND CALIFORNIA AVENUE; AND ON CALIFORNIA AVENUE BETWEEN 14TH AND 16TH STREETS," was presented. Members of the public Jake Zortman, Michael Carey, Judie Henninger, Pattie Fitzgerald and Diane Krakower spoke in support of the proposal. Sara Halpert expressed concerns regarding other parking impacts in the area. Motion by Councilmember McKeown. seconded by Mayor Genser, to adopt resolution, reading by title only and waiving further reading thereof. 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 COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions for terms 9 June 23, 2009 APPOINTMENTS ending June 30, 2009. Board/Commission No. of Apts. Terms Endine Accessibility Appeals Board 2 06/30/2013 On order of the Mayor, this matter was continued to August 11, 2009, with direction to the City Clerk to continue recruitment of candidates aggressively. Airport Commission 1 06/30/2013 The Mayor opened the floor for nominations. Mayor Censer nominated Stephen Mark. There being no other nominations, Mr. Mark was re-appointed to the vacancy by acclamation, with Councilmember Shriver absent. Architectural Review Board 2 06/30/2013 The Mayor opened the floor for nominations. Mayor Censer nominated incumbents John Ellis and Lynn Robb. There being no other nominations, John Ellis and Lynn Robb were appointed by t acclamation, with Councilmember Shriver absent. Arts Commission 2 06/30/2013 The Mayor opened the floor for nominations. Councilmember McKeown nominated Rachel Lachowicz for a third term. There being no other nominations, Ms. Lachowicz was re- appointed, with Councilmember Holbrook abstaining and Councilmember Shriver absent. Councilmember McKeown nominated George Minardos. There being no other nominations, Mr. Minardos was appointed by acclamation, with Councilmember Shriver absent. Building and Safety Commission 3 06/30/2013 The Mayor opened the floor for nominations. Mayor Censer nominated Michael Ishler. There being no other 10 June 23, 2009 nominations, Mr. Ishler was reappointed by acclamation, with Councilmember Shriver absent. Mavor Genser nominated Kristina Andresen and David Shaffer for third terms. There being no other nominations, Ms. Andresen and Mr. Shaffer were reappointed to a third term, with Councilmember Holbrook abstaining and Councilmember Shriver absent. Sr. Community Commission 2 06/30/2013 On order of the Mayor, this matter was continued to August 11, 2009. Comm. Status of Women 3 06/30/2013 The Mayor opened the floor for nominations. Councilmember McKeown nominated incumbents Amy Bishop-Dunbar, Ana Maria Jara, and Sarah Mueller Stegemoeller. There being no other nominations, the three incumbents were appointed by acclamation, with Councilmember Shriver absent. Convention & Visitors Bureau 06/30/2013 On order of the Mayor, this matter was continued to August 11, 2009. Disabilities Commission 3 06/30/2013 The Mayor opened the floor for nominations. Mavor Genser nominated incumbents Amy Boersma, Samuel Genensky, and Audrey Parker. There being no other nominations, the incumbents were appointed by acclamation, with Councilmember Shriver absent. Housing Commission 4 06/30/2013 The Mayor opened the floor for nominations. Councilmember McKeown nominated Chloe Edwards Bird for a third term. There being no other nominations, Ms. Bird was appointed with Councilmember Holbrook abstaining and Councilmember Shriver absent. Councilmember McKeown nominated Betty Smith Mueller. There being 11 June 23, 2009 no other nominations, Ms. Mueller was appointed by acclamation with Councilmember Shriver absent. Councilmember McKeown nominated Lewis Steele for a fifth two-year term. There being no other nominations, Ms. Steele was appointed with Councilmember Holbrook abstaining and Councilmember Shriver absent. Councilmember McKeown nominated Allan Tainsky for reappointment. There being no other nominations, Mr. Tainsky was appointed by acclamation with Councilmember Shriver absent. Landmarks Commission 2 06/30/2013 The Mayor opened the floor for nominations. Councilmember McKeown nominated John Charles Berley for reappointment. There being no other nominations Mr. Berley was reappointed by acclamation, with Councilmember Shriver absent. Councilmember McKeown nominated Nina Fresco for a third term. There being no other nominations, Ms. Fresco as reappointed with Councilmember Holbrook abstaining and Councilmember Shriver absent. Library Board 1 06/30/2013 The Mayor opened the floor for nominations. Mayor Genser nominated Dan Stern for a third term. There being no other nominations, Mr. Stern was reappointed with Councilmember Holbrook abstaining and Councilmember Shriver absent. Personnel Board 06/30/2014 On order of the Mayor, this matter was continued to August 11, 2009. Planning Commission 1 06/30/2013 The Mayor opened the floor for nominations. Councilmember McKeown nominated Hendrik Koning for reappointment. There being no other nominations, Mr. Koning was reappointed by acclamation, with Councilmember Shriver absent. Recreation and Parks Commission 1 06/30/2013 12 June 23, 2009 On order of the Mayor, this matter was continued to August 11, 2009. Social Services Commission 2 06/30/2013 On order of the Mayor, this matter was continued to August 11, 2009. 13-B: Appointment to one unscheduled vacancy to the Pier Restoration Corporation for a term ending on November 10, 2009: On order of the Mayor, this matter was continued to August 11, 2009. PUBLIC INPUT Members of the public M. Ross, Pro Se, Denise Barton, Jay Kedrick, D. May and Mary Catalano commented and expressed concerns regarding various local issues. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 10:25 p.m, in memory of Frances Dean Smith and Herschel Rosenthal. AT'fES~ AWED~~ Maria M. Stewart Ken Genser " City Clerk Mayor 13 June 23, 2009