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M-101309CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 13, 2009 A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:53 p.m., on Tuesday, October 13, 2009, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Ken Genser Mayor Pro Tem Pam O'Connor (arrived at 6:21 p.m.) Councilmember Richazd Bloom Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Bobby Shriver (arrived at 6:40 p.m.) Absent: Councilmember Gleam Davis Also Present: City Manager P. Lamont Ewell City Attorney Mazsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:53 p.m., with Councilmembers Davis, Shriver and Mayor Pro Tem O'Connor absent. Denise Anderson-Warren, Acting 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. Member of the public, Joey Fullmer, commented on various Consent Calendar items. At the request of Mayor Genser, Item 1-E was removed from the Consent Calendar for consideration at a later time when there is another Councilmember present because it requires five votes. At the request of Councilmember McKeown, Item 1-F was removed from the ConsenYCalendaz. October 13, 2009 Motion by Councilmember Holbrook, seconded by Councilmember Bloom, to approve all items on the Consent Calendar as presented except ', Items 1-E and 1-F, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Holbrook, Bloom, Mayor Genser NOES: None ABSENT: Councilmembers Davis, Shriver, Mayor Pro Tem O'Connor MINUTES 1-A: The minutes of the September 22, 2009, regular City Council meeting, and the September 22, 2009, Special City Council meeting were approved as submitted. MOUNTAIN VIEW 1-B: Mountain View Mobile Home Park underground electrical MOBILE HOME PARK system -recommendation to adopt Resolution No. 10428 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE RULE 15 AGREEMENT NO. 9127 (CCS) WITH SOUTHERN CALIFORNIA EDISON FOR CONSTRUCTION AND MAINTENANCE OF NEW UNDERGROUND ELECTRICAL FACILITIES AT MOUNTAIN VIEW MOBILE HOME PARK," was approved. CIVIC CENTER 1-C: Civic Center Site Survey services -recommendation to PROJECTS authorize the City Manager to negotiate and execute Contract No. 9128 (CCS) with Mid-Valley Engineering, in the amount of $67,350 for a total of $133,760, for site preparation for upcoming projects, was approved. BBB SHORT RANGE 1-D: BBB Short Range Transit Plan and applications for funds - TRANSIT PLAN recommendation adopt Resoluticn No. 10429 (CCS) authorizing the City Manager to file the FY 2010-2012 Short Range Transit Plan with the L.A. County Metropolitan Transportation Authority; and to submit grant applications, and to execute grant agreements and related documents in furtherance of the plan, was approved. FIRE STATION 1-G: Recision of purchase of Fire Station Alerting System and ALERTING SYSTEM purchase from different vendor -recommendation to rescind past approval of the purchase of a Fire Station Alerting System from Westnet, and instead authorize the City Manager to negotiate and execute Contract No. 9130 (CCS) with Advanced Electronics, in the amount of $153,553, for purchase of the system, was approved. October 13, 2009 CORPORATE YARD 1-F: Corporate Yard Master Plan Design -recommendation to MASTER PLAN authorize the City Manager to negotiate and execute Contract No. 9129 (CCS) with RNL Interplan, Inc., in the amount of $230,000, for design services of the Corporate Yard Master Plan, was presented. Councilmember McKeown advised he removed this item from the Consent Calendaz to inquire whether there will be reports from the consultant regarding environmental concerns. Staff answered questions and provided additional information. Motion by Councilmember McKeown. seconded by Mavor Genser, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Holbrook, Bloom, Mayor Genser NOES: None ABSENT: Councilmembers Davis, Shriver, Mayor Pro Tem O'Connor CLOSED SESSIONS: Members of the public Denise Barton and Pro Se commented on various litigation cases. Mayor Pro Tem O'Connor arrived at 6:20 p.m. On order of the Mayor, the City Council recessed at 6:20 p.m., to consider closed sessions and returned at 8:00 p.m., with Councilmember Councilmember Shriver Davis absent, to report the following action taken: arrived at 6: 40 p. m. 2-A: Public Employee Evaluations. Title of Employees: City Clerk ACTION: Heard. 2-B: Conference with Labor Negotiator to discuss compensation. Unrepresented Employees: City Clerk Motion by Mayor Genser, seconded by Councilmember Holbrook, to awazd the City Clerk a 10% bonus for performance during FY 2007- 2008. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Davis October 13, 2009 Motion by Mayor Genser, seconded by Mavor Pro Tem O'Connor, to award the City Clerk five additional paid days off for performance during FY 2008-2009. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Shriver, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Davis 2-C: Conference with Legal Counsel -Existing Litigation: Chubna et al. v. City Santa Monica, USDC, Case No. CV09-5046 CBM (Ex). ACTION: Not Heard. 2-D: 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, the former Gillette Paper Mate facility, 1681 26th Street, Santa Monica, CA. ACTION: Not Heard. 2-E: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b)(1): one case. ACTION: Not Heard 2-F: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1): Claim by City of Los Angeles Moss Avenue Coastal Interceptor Sewer System Payments. ACTION: Not Heard. 2-G: Conference with Legal Counsel -Existing Litigation: Martin v. City of Santa Monica, Los Angeles County Superior Court Case No. SC 098 333. Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve Settlement No. 9131 (CCS) in the amount of $35,000. The motion was approved by the following vote: 4 October 13, 2009 AYES: Councilmembers Bloom, Holbrook, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSTAIN: Councilmember Shriver ABSENT: Councilmember Davis 2-H: Conference with Legal Counsel -Existing Litigation: Powell v. City of Santa Monica, Los Angeles Superior Court Case Number SC 098 205. The City Attorney advised that the settlement approved on September 22, 2009, for this case that was contingent on the City's insurer Excel paying a portion of the settlement, was completed. 2-I: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b)(1): BOA Restaurant, 101 Santa Monica Blvd., Case Number BS-08- com1780 (Administrative Proceeding) and Makai Restaurant, 101 Broadway, Case Number BS-09COM0078 (Administrative Proceeding). ACTION: Heard. No reportable action taken. 2-J: Conference wit Property: City Negotiator: Under Negotiation: Owners of Record: h Real Property Negotiator 2909 Exposition Boulevard Andy Agle, Dir., Housing & Economic Development Interest in Real Property Verizon Communications, Santa Monica Community College District ACTION: Heard. No reportable action taken. TRAFFIC SAFETY There being six Councilmembers present, on order of the Mayor, Item 1- GRANT FUNDS E was considered. 1-E: Appropriation of Grant Funds from the University of California Berkeley Traffic Safety Center -recommendation to: 1) authorize the City Manager to accept a no match grant in the amount of $22,270 from the University of California Berkeley Traffic Safety Center in support of the "Click It or Ticket Mini-Grant" Program; and 2) approve proposed budgetary changes, was presented. October 13, 2009 Motion by Councilmember McKeown. seconded by Councilmember Holbrook, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSTAIN: Councilmember Shriver ABSENT: Councilmember Davis STUDY SESSION: 3-A: Study Session on possible modifications to street STREET performance regulations - recommendation to hold a public hearing PERFORMANCE and consider whether or not to modify Municipal Code Section REGULATIONS provisions governing street performance, including Section 6.112.030(b), which requires a permit to perform on the Third Street Promenade, the Pier, the Transit Mall and City sidewalks, was presented. The following members of the public spoke in support of continued permits and/or rules and regulations for street performers: Mark Michalski, Brian Hutchings, Deneb D, Vadim Brunell, Eda Jace, Stephen Bradford, Walt Davis, Jude Brown, Gary Leibowitz, Pete McComie, Bill Tucher, Ben Franz Knight, Paul R. Dale, Alula Tzadic and Jerry Rubin. Members of the public Vincent Garofolo, Joy Fullmer and M. Ross commented on various aspects of the report. Member of the public Stewart Lamle commented on existing related litigation. Motion by Mavor Genser, seconded by Councilmember McKeown, to direct staff to narrow the ordinance by eliminating the requirements fox permits on other than the Transit Mall, the Promenade and the Pier, with appropriate findings including findings related to public safety. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Shriver, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Davis October 13, 2009 SPECIAL AGENDA 4-A: A proclamation declaring October 2009 Disabilities ITEMS: Awareness Month in the City of Santa Monica, was issued by Mayor PROCLAMATION Genser. The proclamation was accepted by Disabilities Commission Members T.J. Hill and Sheila Findley. ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2296 (CCS) MARATHON ROUTE entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 4.68.160 OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH A NEW MARATHON ROUTE SEGMENT AND THE PARAMETERS FOR AUTHORIZING AND CONDUCTING A MARATHON UTILIZING THIS MARATHON ROUTE SEGMENT," was presented. Motion by Councilmember McKeown. 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, McKeown, Shriver, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Davis FORTUNETELLING 7-B: Second reading and adoption of Ordinance No. 2297 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 6.14.040(d) TO ALLOW FORTUNE TELLING AS A PERMITTED USE ON OCEAN FRONT WALK WITHIN THE RVC DISTRICT AND ON LINCOLN BOULEVARD AND SANTA MONICA BOULEVARD IN THE C4 DISTRICT," was presented. Motion by Councilmember Holbrook. seconded by Mavor 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, McKeown, Shriver, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Davis October 13, 2009 DRIVEWAYS REQUIRED 7-C: Introduction and first reading of an ordinance amending Sections 9.04.10.02.090, 9.04.10.08.070, 9.04.10.08.100, and 9.04.10.08.190 related to the number and type of driveways required for parking lots and structures with more than 40 spaces, hazardous visual obstruction mitigations, allowable number of parking maneuvers, parking access in all districts, and garage door width in the front one-half of parcels, was presented. Members of the public Brian Hutchings and Catherine Eldridge commented on the proposed ordinance. Motion by Councihnember McKeown. seconded by Councilmember Bloom, 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, Holbrook, McKeown, Shriver, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Davis STAFF ITEMS: 8-A: Feasibility of Potential Sites for Public Safety Storage PUBLIC SAFETY Facilities -recommendation to provide input and direction on proposed STORAGE FACILITIES sites for Public Safety Storage Facilities, was presented. There was no one present for public comment. Motion by Mayor Genser, seconded by Councilmember McKeown, to take off the table the 5"' and Arizona site and the Fisher Lumber site; to look at the possibility of placing the facility in the City Yards; and to have staff explore dividing the project into smaller units if it makes sense; and to bring back a design and site plan to see how it's going to impact and fit into the neighborhood. Motion to amend by Councilmember Richard, to include in the forthcoming report a summary discussion of the reasons for rejected sites. The motion was accepted as friendly by the maker and seconder. The motion, as amended, was unanimously approved by voice vote, with Councilmember Davis absent. October 13, 2009 BOARDS AND 10-A: Request from the Santa Monica Pier Restoration COMMISSIONS: Corporation that Council consider extending the interim use of 1680 EXTENSION OF Main Street for temporary parking for a period of six to twelve TEMPORARY PARHING months commencing January 15, 2010, was presented. Member of the public Joey Fullmer commented on the request. Motion by Councilmember Bloom, seconded by Councilmember McKeown, to direct staff to explore future short-term utilization of that lot and report back to Council with all relevant information. The motion was approved by voice vote with Councilmember Holbrook voting in opposition and Councilmember Davis absent. COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions ANNUAL APPTS. Board/Commission No. of Appts. Terms Endine Accessibility Appeals Board 2 06/30/2013 Personnel Board 1 06/30/2014 On order of the Mayor, this item was continued to October 27, 2009. VOTING DELEGATE 13-B: Designation of voting delegate and alternate for the National FOR NATIONAL League of Cities Annual Business Meeting to be held on November LEAGUE CONFERENCE 14, 2009, in San Antonio, Texas, was presented. Motion by Councilmember McKeown, seconded by Mayor Genser, to designate Mayor Pro Tem O'Connor as the voting delegate and Councilmember Bloom as the alternate. The motion was unanimously approved by voice vote, with Councilmember Davis absent. RESIGNATION 13-C: Recommendation to accept Jason Parry's resignation from the Housing Commission and authorize the City Clerk to publish the vacancy, was presented. Motion by Councilmember McKeown, seconded by Mavor Genser, to approve recommendation, with regrets. The motion, as amended, was unanimously approved by voice vote, with Councilmember Davis absent. PUBLIC INPUT: Members of the public Denise Barton, Pro Se, M. Ross, Brian Hutchings, Art Casillas and Cris Gutierrez discussed various local topics. October 13, 2009 ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 9:58 p.m., in memory of Trenholm Lowell Brownley and Mona Gandara ', McGrath. ATTEST: ~~ ~ Maria M. Stewart City Clerk APPROVED: ~~~~ en Genser Mayor 10 October 13, 2009