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M-111009CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 1Q 2009 A regulaz meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor at 5:58 p.m., on Tuesday, November 10, 2009, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tem Pam O'Connor Councilmember Richard Bloom Councilmember Gleam Davis (arrived at 6:09 p.m.) Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Bobby Shriver (arrived at 6:30 p.m.) Absent: Mayor Ken Genser Also Present: City Manager P. Lamont Ewell City Attorney Mazsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:58 p.m., with Mayor Genser and Councilmembers Davis and Shriver absent. Councilmember Holbrook 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, M. Ross, and Jerry Rubin commented on various Consent Calendar items. At the request of Councilmember Holbrook, Item 1-H was removed from the Consent Calendar. Motion by Councilmember Holbrook, seconded by Councilmember McKeown, to approve all items on the Consent Calendar as presented except Item 1-H, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Holbrook, Bloom, November 10, 2009 Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmember Davis, Shriver, Mayor Geneer MINUTES 1-A: The minutes of the October 27, 2009, regular City Council meeting were approved as submitted. SOFTWARE PURCHASE 1-B: Microsoft software license, upgrades, and tracking services - recommendation to authorize the City Manager to negotiate and execute Contract No. 9147 (CCS) with Dell Marketing, in the amount of $1,279,422, for the purchase of Microsoft software licenses, software license upgrades, and license tracking services over a period of five years; and authorize four additional one-year renewal options at an estimated annual expenditure of $255,885, was approved. CEMETERY STREET 1-C: Setting of public hearing date for vacating excess public VACATIONS right-of--way within Woodlawn Cemetery -recommendation to adopt Resolution No. 10438 (CCS) declaring the City's intention to order vacation of a portion of excess public right-of--way within the Woodlawn Cemetery grounds, and setting a public hearing for December 8, 2009, regarding the proposed vacation, was approved. SEWER DIVERSION 1-D: Sewer Diversion Maintenance -recommendation to authorize MAINTENANCE the City Manager to negotiate and execute Contract No. 9148 (CCS) with General Environmental Management Inc., in the amount of $300,000, for servicing and cleaning of urban runoff sewer diversions and treatment systems, was approved. CIVIC PARHING FOR 1-E: Civic Auditorium Parking Lot and Civic Center Parking COURTHOUSE Structure use by Los Angeles County -recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8602 (CCS) with the County of Los Angeles for 325 parking spaces in either the Civic Auditorium Parking lot or Civic Center Parking Structure for $583,599.25 per year for a one year term ending 11/14/10, with an option to extend the term for a period of 15 additional months, at a license fee of $751,354.50 for the option term; and approve modification of operational policies and responsibilities, was approved. 1319 YALE STREET 1-F: Resolutiou No. 10439 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 068101 FORA 6-UNIT CONDOMINIUM PROJECT AT 1319 YALE STREET," was approved. November 10, 2009 3030-3060 NEBRASKA 1-G: Statement of Official Action taken upholding Appeal of Landmarks Commission Designation of 3030-3060 Nebraska Avenue as a City Landmark, was approved. ON-LINE PLAN CHECK 1-I: Implementation of electronic plan check software - SOFTWARE recommendation to authorize the City Manager to negotiate and execute Contract No. 9149 (CCS) with AVOLVE Software, in the amount of $298,000, for the purchase and maintenance of software for online siteM was approved. PRICE COSTS FOR 1-H: Cemetery price cost analysis, price adjustments and payment WOODLAWN plans -recommendation to adopt Resolution No. 10440 (CCS) entitled: CEMETERY "A RESOLUTION OF THE CITY OF SANTA MONICA REVISING THE FEE SCHEDULE FOR WOODLAWN CEMETERY SERVICES Councilmember Davis TO INCREASE FEES FOR INTERMENT PROPERTY, arrived at 6:09 p. m. ENDOWMENT CARE AND CEMETERY SERVICES, AND ESTABLISHING PAYMENT PLANS AND DISCOUNTS," was presented. Councilmember Holbrook advised that he removed this item from the Consent Calendar in order to inquire about the proposed increase of fees. Staff provided information and answered questions of Councilmembers. Motion by Councilmember McKeown. seconded by Councilmember Bloom, to approve recommendation amended to direct staff to review proposed interest rate and provide information to Council about whether or not it would be appropriate to adjust it. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Bloom, Mayor Pro Tem O'Connor NOES: None ABSTAIN: Councilmember Holbrook ABSENT: Councilmember Shriver, Mayor Genser CLOSED SESSIONS: On order of the Mayor Pro Tem, the City Council recessed at 6:23 p.m., to consider closed sessions and returned at 7:36 p.m., with Mayor Councilmember Shriver Genser absent, to report the following action taken: arrived at 6: 30 p. m. November 10, 2009 2-A: Conference with Real Property Negotiators Property: 1800 Stewart Street City Negotiator: Andy Agle, Director of Housing and Economic Development Under Negotiation: Term Lessee of Record: CF Santa Monica VI, LP ACTION: Heard. No reportable action taken. 2-B: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1): Benevolent and Protective Order of Elks, Block 16 of the Woodlawn Cemetery. ACTION: Heard. No reportable action taken. 2-C: 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-D: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b)(1): Makai Restaurant, 101 Broadway, Case Number BS-09COM0078 (Administrative Proceeding). ACTION: Heard. No reportable action taken. 2-E: Conference with Legal Counsel -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, 168126th Street, Santa Monica, CA. Assistant city Attorney Joseph Lawrence recommended Settlement No. 9150 (CCS), for Council consideration. The settlement relates to a water aquifer chemical contamination on the site where the Paper Mate Company operated for several years a pen and ink manufacturing plant. The plant was later purchased by Gillete and Gillette was subsequently purchased by Proctor & Gamble. The proposed settlement with Gillette and Proctor & Gamble includes, but is not limited to, receipt by the City 4 November 10, 2009 of $68 million paid over a number of years; Proctor & Gamble guarantees the performance and payment by Gillete; Gillete will clean- up the old Paper Mate facility in a significant way; settlement is contingent upon approval of the Regional Water Quality Control Board, approval consisting of a modification of an order the Board issued against Gillette; City will become the owner of property in the vicinity of the Arcadia Treatment Plant (Wilshire & Bundy). Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Shriver, to approve the proposed settlement and authorize the City Manager to negotiate any ancillary agreements and execute any agreements or documents. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: Mayor Genser 2-F: 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-G: Conference with Legal Counsel -Existing Litigation: Chubna et al. v. Citv Santa Monica, USDC Case No. CV09-5046 CBM (Ex). ACTION: Not Heard. 2-H: Conference with Legal Counsel -Existing Litigation: Harris v. City of Santa Monica. Case Number LASC BC 341 569. ACTION: Not Heard. 2-I: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b)(1): Snyder Diamond, 1399 Olympic Blvd., Case Number 07COM-0055 (Administrative Proceeding) and Four Oaks Garage, 1547 7th Street, Case Number 06COM1408 (Administrative Proceeding). ACTION: Not Heard. November 10, 2009 2-J: 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. CHANGE IN ORDER OF Motion by Mavor Pro Tem O'Connor, seconded by Councilmember THE AGENDA Davis, to hear Item 3-B first, then 3-C and 3-A at the end.. The motion was unanimously approved by voice vote, with Mayor Genser absent. TAXICAB FRANCHISING 3-B: Taxicab Franchising Request for Proposals Evaluation CRITERIA Factors -recommendation to review and provide feedback on the taxicab franchise request for proposals (RFP) evaluation criteria and process, was presented Louisa Fish, representing the Commission for the Senior Community, requested that the commission be consulted in regards to the specifics of the RFP and how it applies to the senior and disabled communities. Member of the public Don Alexander spoke in support of the proposal Discussion ensued on the criteria and process for evaluation and on comments made by members of the public. After considerable discussion, on order of the Mayor Pro Tem, the information was received and filed. HOMELESS SERVICES 3-C: Annual review of Plan for Homeless Services; update on the ANNUAL REVIEW Action Plan to address homelessness in the City; and report from Los Angeles Department of Veterans Affairs staff on the status of their initiatives for homeless veterans -recommendation to hold a public hearing on the City's Plan for Homeless Services; and receive a progress update on the Action Plan to address homelessness in the City, was presented. Members of the public Joey Fullmer Jerry Rubin, Albin Gieltz, Catherine Eldridge and Michael Joney addressed concerns related to the subject matter. Discussion ensued on the information presented by staff and during the Councilmember Shriver public hearing. After considerable discussion, on order of the Mayor was excused at 9:05 p. m. Pro Tem, the information was received and filed. 6 November 10, 2009 STUDY SESSIONS: 3-A: Discussion of concept massing, urban design, circulation and PARKING STRUCTURES cost implications for rebuilding downtown Parking Structures 1 and 6 -recommendation to review information presented and provide Councilmember Shriver direction on which concepts to pursue for schematic design for the returned at 9.•59 p. m. parking structures, was presented. There was no one present for public comment. On order of the Mayor, the information was received and filed. ORDINANCES: 7-A: Second reading and adoption of interim Ordinance No. 2299 DEVELOPMENT (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA STANDARDS MONICA EXTENDING THE INTERIM ORDINANCE THAT MODIFIES PROPERTY DEVELOPMENT STANDARDS IN THE OP-4 OCEAN PARK HIGH MULTIPLE RESIDENTIAL DISTRICT RELATING TO SIDEYARD SETBACK AND OPEN SPACE REQUIREMENTS UNTIL NOVEMBER 10, 2011," was presented. Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Holbrook, to adopt ordinance, 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 NOES: None ABSENT: Mayor Genser CAT DECLAWING BAN 7-B: Second reading and adoption of Ordinance No. 2300 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 4.04.275 TO THE MUNICIPAL CODE BANNING ONYCHECTOMY AND FLEXOR TENDONECTOMY (DECLAWING) PROCEDURES ON CATS," was presented. Motion by Councilmember McKeown, seconded by Councilmember Davis to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Holbrook, Mayor Pro Tem O'Connor NOES: Councilmember Bloom ABSENT: Mayor Genser 7 November 10, 2009 WOODLAWN 7-C: Introduction and first reading of an ordinance amending CEMETERY Chapter 7.20 of the Municipal Code, relating to the Woodlawn Cemetery and Mausoleum, including eliminating residency requirement, authorize the Cemetery Administrator to adopt rules and regulations re the management, supervision and use of the Cemetery, and to enter into interment sales orders, was presented. There was no one present for public comment. Motion by Councilmember Davis, seconded by Councilmember McKeown, to introduce this ordinance, 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 NOES: None ABSENT: Mayor Genser STAFF ITEMS: 8-A: Exchange of City-owned property at 1920 Ocean Way with 1920 OCEAN WAY privately owned property at 1828 Ocean Avenue -recommendation to authorize asix-month "Economic Uncertainty Period," through May 31, 2010, for staff and Neptune Walk LLC/Edward Thomas Companies ("ETC") to negotiate and finalize the terms of an Exclusive Negotiating Agreement ("ENA"); and if the ENA terms are finalized by the end of the initial six-month period and if ETC demonstrates that it cannot obtain development financing, allow one six-month extension of the "Economic Uncertainty Period" at the discretion of the City Manager, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Mayor Genser November 10, 2009 FARMERS MARKETS 8-B: Recommendation to approve proposed Santa Monica Farmers Markets Rules, Regulations and Policy Guide, was presented. Members of the public Gary Gordon, Robert Kronovet, Jarabai, Frank Angiul Richard Karno, Nina Girvetz, and Lisa Nguyen spoke in support of the proposal, expressed concerns on the criteria for selection of prepared food booth vendors and the effects on existing restaurants. Considerable discussion ensued on the proposal and on the criteria proposed for selection of prepared food vendors. Motion by Councilmember Davis. seconded by Councilmember Bloom, to approve the policy, except section 2.3.2 dealing with prepared food, and the evaluation criteria matrix for prepared food attached to the policy, and direct staff to re-work the matrix taking in to consideration the comments made by Councilmembers during discussion. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Mayor Genser REDEVELOPMENT 8-C: Recommendation that City Council and Redevelopment AGENCY 5-YEAR Agency adopt the Redevelopment Agency's FY 2009-2010 through IMPLEMENTATION FY 2013-2014 5-Year Implementation Plan. PLAN On order of the Mayor Pro Tem and at the request of staff, this matter was continued to November 17, 2009. MOTION TO CONTINUE Motion by Councihnember Davis, seconded by Councilmember PAST 11:00 A.M. McKeown, to continue past 11:00 p.m. The motion was unanimously approved by voice vote, with Mayor Genser present. APPOINTMENTS: 13-A: Annual Appointment Accessibility Appeals Board for 1 vacancy with a term ending June 30, 2013. On order of the Mayor Pro Tem, this matter was continued to a future meeting. 9 November 10, 2009 PIER RESTORATION 13-B: Annual appointments to three positions on the Pier Restoration CORPORATION Corporation for terms ending on November 10, 2013. On order of the Mayor Pro Tem, the floor was opened for nominations. Councilmember Bloom nominated incumbents Michael Dubin and Eric Faber for re-appointment. The incumbents were appointed by acclamation, with Mayor Genser absent. Councilmember Shriver was On order of the Mayor Pro Tem, the third vacancy was continued to a excused at 12.•05 p.m. future meeting. PROPOSED SIGN 13-C: Request of Councilmember Bloom and Mayor Pro Tem ORDINANCE CHANGE O'Connor that the Council direct staff to consider revisions to the Municipal Code that would expand the opportunity of Santa Monica businesses to use different types of signage, without impeding the public right of way, including temporary signs to market their goods and/or services to the public and that staff return with options and recommendations for said revisions no later than March 2010 after meeting with merchants, residents and other stakeholders, was presented. Member of the public Gary Gordon spoke in support of the request. Motion by Councilmember Bloom, seconded by Mayor Pro Tem O'Connor, to approve request. The motion was unanimously approved by voice vote, with Councilmember Shriver and Mayor Genser absent. RESIGNATION 13-D: Recommendation to accept Monte Perez's resignation from the Pier Restoration Corporation and authorize the City Clerk to publish the vacancy, was presented. Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Davis, to approve recommendation. The motion was unanimously approved by voice vote, with Councilmember Shriver and Mayor Genser absent. PUBLIC COMMENT Members of the public Denise Barton, M. Ross, Michael Joney, Rodrigo Iglesias, Edith Chin and Art Casillas commented on various local issues. ADJOURNMENT: On order of the Mayor Pro Tem, the City Council meeting was adjourned at 12:26 a.m., in memory of Richard Juarez and the victims of the recent shootings at Fort Hood, Texas. 10 November 10, 2009 ATTEST: Maria M. Stewart City Clerk APPROVED: Pam O'Connor Mayor Pro Tem 11 November 10, 2009