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M-071409CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 14, 2009 A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:54 p.m., on Tuesday, July 14, 2009, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Ken Genser Mayor Pro Tem Pam O'Connor Councilmember Richazd Bloom Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Bobby Shriver (arrived at 6:18 p.m.) Absent: 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 5:54 p.m., with Councilmembers McKeown and Shriver absent. Andy Agle, Director of Housing and Economic Development, 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. At the request of the Mayor, and with consensus of Council, the Council Consent Calendar and the Counci]/Housing Authority Consent Calendars were combined into a joint meeting at 5:56 p.m. Members of the public Joey Fullmer, Jerry Rubin, Alison Best and Louisa Fish commented on various Consent Calendaz items. At the request of Councilmember Bloom, Item 1-F was removed from the Consent Calendaz. At the request of Mayor Genser, Items 1-G and 1-I were removed from the Consent Calendar. Motion by Commissioner/Councilmember Davis. seconded by July 14, 2009 Commissioner/Councilmember Bloom , to approve all items on the Consent Calendars as presented except Items 1-F, 1-G and 1-I, reading resolutions by title only and waiving further reading thereof. The motion j was approved by the following vote: AYES: Commissioners/Councilmembers Bloom, Holbrook, Davis, Chair Pro Tem/Mayor Pro Tem O'Connor, Chair/ Mayor Genser NOES: None ABSENT: Commissioners/Councilmembers Shriver, McKeown MINUTES 1-A: The minutes of the June 23, 2009, City Council meeting were approved as submitted. 1253 17"' Street 1-B: Resolution No. 10415 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING FINAL PARCEL MAP NO. 065549 TO SUBDIVIDE A PROPERTY FORA 4-UNIT CONDOMINNM PROJECT AT 1253 17"` STREET," was adopted. TRANSIT FUNDING 1-C: Recommendation to adopt Resolution No. 10416 (CCS) PROTECTION entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SUPPORTING THE RESEARCH, POLLING, AND FOCUS GROUP ACTIVITIES OF THE CALIFORNIA TRANSIT ASSOCIATION IN PREPARATION OF A RECOMMENDATION TO THE ASSOCIATION REGARDING THE PLACEMENT OF A TRANSIT FUNDING PROTECTION INITIATIVE BEFORE THE VOTERS OF THE STATE OF CALIFORNIA," was adopted. POLICE & FIRE SOFT- 1-D: Fire and Police Departments' computer aided dispatch and WARE PROGRAMS records management systems -recommendation to authorize the City Manager to negotiate and execute Agreement No. 9087 (CCS) with Public Safety Systems, Inc., in the amount of $560,000 over the next five years, to begin and to continue software maintenance for the Fire Department's and Police Deparment's Computer Aided Dispatch and Records Management systems, respectively, was approved. THEFT PREVENTION 1-E: Resolution No. 10417 (CCS) entitled: "A RESOLUTION OF PROGRAM THE CITY OF SANTA MONICA ESTABLISHING AN IDENTITY THEFT PREVENTION PROGRAM TO COMPLY WITH THE FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003," was adopted. BALLONA CREEK 1-H: Compliance with bacterial, metals and toxics total maximum 2 July 14, 2009 MAXIMUM DAILY LOAD daily load requirements for Ballona Creek -recommendation to REQUIREMENTS authorize the City Manager to negotiate and execute Memoranda of Agreement (MOA) Nos. 9089 (CCS) and 9090 (CCS) with the City of Los Angeles to implement cost-share monitoring plans to comply with the L.A. Regional Water Quality Control Board's maximum daily load requirements for the Ballona Creek Watershed; and, to authorize $8,000 expenditure to cover the cost of the MOA for three years and appropriate $2,700 from the Measure V account, was approved. BAYSIDE DISTRICT - 1-F: Bayside District Corporation's Work Plan and Budget for FY BUDGET & WORKPLAN 2009-10, and Annual Report for FY 2008-09 -recommendation to approve the Bayside District Corporation's (BDC) FY 2009/10 work plan and budget; authorize the City Manager to enter into Contract No. 9088 (CCS) with the BDC for the performance of certain maintenance services; and, authorize cone-time transfer of accrued interest collected on the Downtown Santa Monica Property Based Assessment District funds to the BDC, was presented. Councilmember Bloom advised he removed this item from the Consent Calendar to ask about the on-going sustainability of the holiday ice skating rink project, and to ask about homelessness. Kathleen Rawson, Executive Director of the Bayside District, provided information and answered questions of Councilmembers. Motion by Councilmember Bloom. seconded by Councilmember Davis, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmembers McKeown, Shriver MINI BLUE TIDE RIDE I-G: Mini Blue TIDE Ride Service -recommendation to authorize the continuation of existing TIDE Ride service through Labor Day and Councilmember Shriver the elimination of weekday service beginning September 8, 2009, while arrived at 6:18 p.m. staff continues to obtain business and community input on options for downtown community transit services, was presented. Councilmember Genser advised he removed this item from the Consent Calendar to express concerns, including but not limited to, discontinuing service after Labor Day, the uses the TIDE is serving, use of funds that will be saved, and outreach. Staff provided information and answered questions of Councilmembers. July 14, 2009 Motion by Councilmember Genser, seconded by Councilmember Davis, to approve recommendation, and ask staff to return with additional information to evaluate the appropriateness of discontinuing the service after Labor Day. The motion failed by the following vote: AYES: Councilmember Davis NOES: Councilmembers Bloom, Holbrook, Shriver, Mayor Pro Tem O'Connor, Mayor Genser ABSENT: Councilmember McKeown Motion by Mavor Pro Tem O'Connor, seconded by Councilmember Shriver, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, Shriver, Mayor Pro Tem O'Connor NOES: Mayor Genser ABSENT: Councilmember McKeown CONVENTION & 1-I: Convention & Visitors Bureau Funding -recommendation to VISITORS BUREAU authorize the City Manager to negotiate and execute an amendment to FUNDING Agreement No. 4581 (CCS) with the Santa Monica Convention and Visitors Bureau in the amount of $2,495,743 for FY 2009/10, Mayor Genser advised he removed this item from the Consent Calendar in enor and meant to remove item 1-J. Motion by Mayor Genser, seconded by Councilmember Bloom, 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: None ABSTAIN: Councilmember Shriver ABSENT: Councilmember McKeown CLINICAL SOCIAL Motion by Mavor Genser, seconded by Councilmember Bloom, to WORKER AND FRAUD reconsider the vote on Item 1-J. The motion was unanimously approved INVESTIGATION by voice vote with Councilmember McKeown absent. SERVICES 1-J: Licensed Clinical Social Worker and Fraud Investigator Services -recommendation that the Housing Authority authorize the July 14, 2009 Executive Director to negotiate and execute Contract No. 9091 (CCS/HAS) with Program Compliance Solutions, for $218,400 for three years, for fraud investigation services; that the City Council and the Housing Authority authorize the City Manager/ Executive Director to negotiate and execute Contract No. 9092 (CCS) with Ms. Dorothy Berndt, LCSW, for $237,057, to provide clinical support for the Housing Authority and the Human Services Division, was presented. Mayor/Chair Genser advised he removed this item from the Consent Calendar to express concerns relayed to him regarding instances of inappropriate and/or unsympathetic fraud investigations. Staff provided information and responded to questions from Councilmembers/ Commissioners. Motion by Mayor/Chair Genser, seconded by Councilmember/ Commissioner Bloom, to approve the social worker contract, and ask staff to re-look at the fraud investigation services contract. Discussion ensued on the merits of the motion. Motion to amend by Councilmember/Commissioner Bloom, to extend the contract for six months and allow staff to investigate if there's a need for corrective action and return to Council. The motion was accepted as friendly by the maker. The motion was approved by the following vote: AYES: Councilmembers/Commissioners Shriver, Davis, Bloom, Vice Chair/Mayor Pro Tem O'Connor, Chair/Mayor Genser NOES: Councilmember/Commissioner Holbrook ABSENT: Councilmember/Commissioner McKeown ADJOURNMENT OF On order of the Mayor, the joint meeting with the Housing Authority was JOINT MEETING adjourned at 6:49 p.m., and the regular City Council meeting reconvened with Councilmember McKeown absent. CLOSED SESSIONS: Member of the public Pro Se commented on the clarity of the posting of closed sessions. On order of the Mayor, the City Council recessed at 7:04 p.m., to consider closed sessions and returned at 8:15 p.m., with Councilmember McKeown absent, to report the following: 2-A: Conference with Real Property Negotiators Property: 1415-1437 5th Street July 14, 2009 City Negotiator: Andy Agle, Director Housing and Economic Development Under Negotiation: Interest in Real Property Owner of Record: Viola S. Thomas Trust ACTION: Heard. No reportable action taken. 2-B: Conference with Real Property Negotiators Property: 12040-48 Wilshire Boulevard City Negotiator: Andy Agle, Director Housing and Economic Development Under Negotiation: Interest in Real Property Owner of Record: Tom Turner Trust ACTION: Heard. No reportable action taken. 2-C: 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, 168126th Street, Santa Monica, Ca.) ACTION: Heard. No reportable action taken. 2-D: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1): three cases. ACTION: Heard. No reportable action taken. 2-E: Conference with real property negotiator (Govt. Code section 54956.8): Property: City negotiator: Negotiating parties: Under negotiation: ACTION: Heard. No re (3 parcels seaward of the 1921 Mean High Tide Line and adjacent to 850 Palisades Beach Road Andy Agle City and Jonathan Club Lease pricing and terms portable action taken. 2-F: Conference with Legal Counsel -Anticipated Litigation: Initiation of litigation pursuant to Government Code Section July 14, 2009 54956.9[c]: regarding the vacant property at 521 Marine. The City Attorney advised that on this item, 2-F, the City Council authorized proceeding by way of a receivership. 2-G: Conference with Legal Counsel -Existing Litigation: Oshiro v. City of Santa Monica, Case No. CV 08-07035 SJO. ACTION: Heard. No reportable action taken. 2-H: Conference with Legal Counsel -Existing Litigation: Ci of Santa Monica v. Gonzalez, Case No. SS 013071. Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Davis, to waive the attorney's fees awarded the City in a receivership case because, unless the City waives the fees, the owner of the property who is destitute and disabled will be left with nothing. The motion was awarded by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, Shriver, Mayor Pro Tem O'Connor NOES: None ABSTAIN: Mayor Genser ABSENT: Councilmember McKeown 2-I: 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: Not Heard. 2-J: 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: Not Heard. STUDY SESSION: 3-A: Update on Progress Made Towards a Revised Land Use and LUCE UPDATE Circulation Element for City Council Feedback and Direction, was presented. The following members of the public commented on various related issues: Joey Fullmer, Jerry Rubin, and Catherine Eldridge. July 14, 2009 On order of the Mayor, the information was received and filed. ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2290 (CCS) MASSAGE ORDINANCE entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6.104 OF THE MUNICIPAL CODE RELATING TO MASSAGE REGULATIONS TO COMPLY WITH NEW STATE LAW," was presented. Motion by Councilmember Holbrook, seconded by Mayor Pro Tem O'Connor, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, Shriver, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember McKeown SOLAR ENERGY 7-B: Second reading and adoption Ordinance No. 2291 (CCS) SYSTEMS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS 9.04.10.02.220, 9.04.10.02.030, 9.04.10.02.070, 9.04.10.02.140, AND 9.04.10.02.180 PERTAINING TO SOLAR ENERGY SYSTEMS DESIGN STANDARDS AND RELATED PROVISIONS TO FACILITATE THE INSTALLATION OF SOLAR ENERGY SYSTEMS," was presented. Motion by Councilmember Holbrook, seconded by Mayor Genser, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, Shriver, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember McKeown TAXICAB FRANCHISE 7-C: Second reading and adoption of ordinance amending Chapter 6.48 of Article VI of the Municipal Code relating to vehicles for hire; adding Chapter 6.49 to establish taxicab franchises; and amending Sections 6.04.110, 6.04.160, 6.04.170, 6.04.220, 6.08.210, 6.12.010, and 6.14.080 regarding taxicabs, was presented. Councilmember Davis requested to continue adoption of this ordinance for two weeks due to issues that have arisen relating to the size of signage on the doors of cabs that may be potentially problematic. July 14, 2009 Discussion ensued on the request and the issues raised. On order of the Mayor, and with the consensus of Council, this matter was continued to the next meeting. STAFF ITEMS: 8-A: Exposition Light Rail Phase 2 -Recommendation for ESPOSITION LIGHT Alternative Siting of Maintenance Facility within the City of Santa RAIL PHASE 2 Monica and Supplemental Report -recommendation to authorize the City Manager to work with the Exposition Construction Authority (Expo) to continue to explore an alternate location for the required Phase 2 light rail maintenance facility; request the Expo to include this alternate site in the final EIR analysis and continue negotiations related to mitigating community adjacency issues; direct staff to work with the Expo and other agencies on grade crossing, layout and financial issues associated with the newly proposed sites; direct staff to analyze options and work with Expo to meet the applicable relocation needs of businesses and Santa Monica College, including exploration of joint use and/or co-location of facilities; direct staff to work with the Expo to minimize the visual and environmental impacts of the maintenance facility and enhance its aesthetic interface with the community; and direct staff to work with the Expo to ensure the final budget for the Expo Phase 2 project includes compensation to the City for use of the City-owned property on 1800 Stewart Street as applicable as well as for private parties and Santa Monica College, as necessary. Recommendation to direct staff to continue to work with the college to resolve site needs, was presented. The following members of the public spoke generally in opposition to the siting of the maintenance facility: Daniel Dubrowski, Daren Laureano, Jim Jacobson, Kevin Brogan, Linas Baskanska, Sarah Devine-Pothier, Eleanor Path, Anstel Anderson, Michelle Centeno, Elias Serna, Ruben Pacheco, David Glass, Johnny Ramirez, Maria Loya, Oscar de la Torre, Jerry Rubin, Ana Jara, and Linda Piera Avila. The following members of the public spoke in support of the recommendations: Louise Jaffe, David Finkel. Considerable discussion ensued on the points presented and on the comments received from members of the public. Motion b~Mayor Genser, seconded by Mayor Pro Tem O'Connor, to approve staff recommendation. Motion to amend by Councilmember Davis, in paragraph 1, related to the phrase "to continue to explore an alternate location .." for the maintenance facility, add the language "including but not limited to the July 14, 2009 attached ...," and in paragraph 5, after "work with the Expo Authority," add "and the community." The motion was accepted as friendly. The motion as amended was approved by the following vote: AYES: Councilmembers Davis, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: Councilmembers Shriver, Holbrook ABSENT: Councilmember McKeown Councilmember Shriver stated, for the record, that he voted in opposition not because he is against the idea of Light Rail, but merely with the compatibility of the large industrial (maintenance) facility in a residential neighborhood, and hopes that with the creativity of Supervisor Yaroslavsky and his staff abetter-suited location is found. MOTION TO CONTINUE Motion by Councilmember Davis, seconded by Councilmember Bloom, PAST 11:00 P.M. to continue past 11:00 p.m. The motion was approved with Councilmember Shriver voting against and Councilmember McKeown absent. JONATHAN BEACH 8-B: Future use of beach property leased by Jonathan Club - CLUB LEASE recommendation to determine whether, in accordance with the permit and lease (Permit for Improvements and Lease Option Agreement by and between State of California, City of Santa Monica and Jonathan Club) executed in 1984, between the State of California, City of Santa Monica and Jonathan Club, there has been a material change in the need for public use of the three beach parcels leased to the Jonathan Club for private use; authorize and direct staff to take action consistent with the determination and the lease terms, was presented. The following members of the public spoke in support of continuing the lease with the Jonathan Club. Marshall Grossman, Pat Ramsey, Tom Larmore, Debbie Hall, Marta Fernandez, Michael Lindsey, Jonathan Larsen, Elizabeth Stearns, Nick Steers, Duncan Smith, Matthew Allmatt, Keith Deisenroth, Tollie Besson, Anthony Witteman, John Lee and Rick Bold. Due to the lateness of the hour, and in order to allow staff to respond to questions presented, on order of the Mayor the public hearing was closed and this matter was continued to the next meeting on July 28, 2009. PARKING STRUCTURES 8-C: Parking Structures 7 and 8 Fagade Improvement and 7 AND 8 Attendant Parking Program Project Update -recommendation to 10 July 14, 2009 Councilmember Shriven was approve a phased approach to implementation of the Program to enable excused at 12:14 a. m. the Project to move forward with available resources, was presented. There was no one present for public comment. Motion by Councilmember Davis. seconded by Councilmember Bloom, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmembers McKeown, Shriven PUBLIC INPUT: Members of the public Pro Se, Denise Barton, Louisa Fish, Joey Fullmer, and Steve Pesce commented on various local issues. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:22 a.m. in memory of Edward Kline and Mr. Barney Seltzer. ~-.-.w.~PROVED: Mazia M. Stew~~t Ken ens(i er City Clerk Mayor 11 July 14, 2009