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M-111709CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 17, 2009 A special meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor at 5:49 p.m., on Tuesday, November 17, 2009, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tem Pam O'Connor Councilmember Richard Bloom Councilmember Gleam Davis 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 Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:49 p.m., with Mayor Genser absent. Councilmember Davis led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: With the consensus of Council, and on order of the Mayor Pro Tem, the Council and the Council/Parking Authority/Redevelopment Agency Consent Calendars were to be considered simultaneously. Member of the public Joy Fullmer commented on the Consent Calendaz items. Motion by A~encv/Authority/Councilmember Holbrook, seconded by A encv/Authority/Councilmember McKeown, to approve all items on the Consent Calendazs as presented, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Agency/Authority/Councilmembers Bloom, Holbrook, Davis, McKeown, Chair/Mayor Pro Tem O'Connor November 17, 2009 NOES: None ABSENT: Agency/Authority/Councilmember Shriver, Chair/Mayor Genser WESTSIDE CITIES 1-A: Westside Cities Council of Governments (WSCCOG) COUNCIL OF Participation in the Southern California Association of Governments GOVERNMENTS Sustainable Communities Strategy (SCS) -recommendation to authorize the City's WSCCOG representative to vote for the Westside Cities Subregion to participate in the Southern California Association of Government's collaborative process for preparing a regional Sustainable Communities Strategy at the November 19, 2009, WSCCOG meeting, was approved. JOINT MEETING WITH 1-B: FY 2008-09 Year-End Appropriations and Budget PARKING AUTHORITY Adjustments and Transmittal of Capital Improvement Program and AND REDEVELOPMENT Year-End Departmental Performance Review Status Reports - AGENCY: recommendation to authorize the City Manager to make budget YEAR END BUDGET expenditure adjustments between departments and major account groups ADJUSTMENTS within funds; City Council, Redevelopment Agency and Parking Authority approve year-end budget appropriations to departments; and City Council to receive an update on the Child Care Linkage Fee Program, was approved. ADJOURNMENT OF On order of the Mayor Pro Tem, the Parking Authority Special Joint SPECIAL JOINT Meeting was adjourned, and the Redevelopment Agency Special Joint MEETINGS Meeting was recessed at 5:54 p.m. CLOSED SESSIONS: On order of the Mayor Pro Tem, the City Council reconvened to its regular meeting and recessed at 5:54 p.m., to consider closed sessions. Councilmember Shriver The City Council returned at 7:18 p.m., with Mayor Genser absent, to arrived at 6: 30 p. m. report the following action taken: 2-A: Public Employee Appointment. Title: City Manager This matter was heard. There was no reportable action taken. 2-B: Conference with Real Property Negotiators Property: 1301-33 4"' Street City Negotiator: Andy Agle, Director of Housing and Economic Development Allan D. Kotin, Kotin and Associates, Consultant Under Negotiation: Price and Terms 2 November 17, 2009 Owner of Record: Virginia Tegner Spurgin Investment Co., LLC, et. al. This matter was heard. There was 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)(1): one case. This matter was heard. There was no reportable action taken. 2-D: 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). This matter was not heard. 2-E: 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. -- This matter was not heard. 2-F: 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. This matter was not heard. 2-G: Conference with Legal Counsel -Existing Litigation: United States of America and Peters v. City of Santa Monica, USDC, Case No. CV08-02695 CW(Ex). This matter was not heard. STUDY SESSION: 3-A: Solid Waste Public/Private Partnership Resource Recovery SOLID WASTE Center Concept Design -recommendation to review and provide PARTNERSHIP comment on the proposed concept design for the Resource Recovery Center, was presented. Members of the public Catherine Eldridge and Maria Loya expressed November 17, 2009 concerns regarding the effects of the proposal on the neighborhood. Discussion ensued on the information presented by staff and on the public comments made. After considerable discussion, on order of the Mayor, the information was received and filed. JOINT MEETING WITH On order of the Mayor, the regular City Council meeting was recessed to REDEVELOPMENT reconvene to the joint meeting with the Redevelopment Agency at 8:21 AGENCY p.m., with Mayor Genser absent REDEVELOPMENT 5- 8-A: Recommendation that City Council and Redevelopment YEAR PLAN Agency adopt the Redevelopment Agency's FY 2009-2010 through FY 2013-2014 5-Year Implementation Plan, was presented. There was no one present for public comment. Motion by Agency/Councilmember McKeown, seconded by Chair Pro Tem/Mayor Pro Tem O'Connor, to approve recommendation. The motion was approved by the following vote: AYES: Agency/Councilmembers McKeown, Shriver, Davis, Holbrook, Bloom, Chair Pro Tem/Mayor Pro Tem O'Connor NOES: None ABSENT: Chair/Mayor Genser ADJOURNMENT OF On order of the Mayor Pro Tem, the special joint meeting was adjourned JOINT MEETING at 8:25 p.m., and the regular meeting of the City Council was reconvened, with Mayor Genser absent. PROPOSAL FOR ART 8-B: Conceptual proposal for contemporary art museum in the MUSEUM AT CIVIC Civic Center -recommendation to consider a conceptual proposal by CENTER The Broad Foundations to finance and work with the City to establish a public museum of contemporary art in the Civic Center, probably through a development agreement or a disposition and development agreement, and direct staff to initiate negotiations with The Broad Foundations, was presented. Members of the public Tom Whaley, Sally Chou, Hugo Pedroza, Wendy McGinty, Nat Trives, Iao Katagiri, Betsy Hiteshew, Irene Zivi, Jan Williamson, Bruria Finkel, Tom Larmore, Misti Kerns, John Bohn, Walter Meyer, Dan Griswold, Elena Allen, Rachel Lackowics, West Hooker, Jack Walter, Linda Jassim, and Kathleen Rawson spoke in support of the proposed project. November 17, 2009 Discussion ensued on the various aspects and merits of the project and on the comments expressed by members of the public. Motion by Councilmember Davis, seconded by Councilmember McKeown, to approve staff recommendation. 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 COUNCIL ITEMS: 13-A: Annual Appointment to the Accessibility Appeals Board to APPOINTMENT one vacancy for a term ending June 30, 2013. On order of the Mayor Pro Tem, this matter was continued to January 2010. UNSCHEDULED Appointment to one unscheduled vacancy on the Housing VACANCY Commission for a term ending on June 30, 2010. Councilmember Davis was Mayor Pro Tem O'Connor opened the floor for nominations. excused at 9: 50 p. m. Councilmember McKeown nominated Amy Anderson. There being no other nominations, Ms. Anderson was appointed by acclamation with Councilmember Davis and Mayor Genser absent. ADJOURNMENT: On order of the Mayor Pro Tem, the City Council meeting was adjourned at 9:52 p.m., in memory of Robert Taylor and Harvey Wells. ATTEST: ~~ Maria M. Stewart City Clerk APPROVED: ~' %~ Pam O'Connor Mayor Pro Tem November 17, 2009