Loading...
M-090809CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 8, 2009 A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:58 p.m., on Tuesday, September 8, 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 Councilmember Bobby Shriver (arrived at 7:44 p.m.) 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 5:58 p.m., with Councilmember Shriver absent. Sr. Deputy City Attorney Barry Rosenbaum 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 and M. Ross commented on various Consent Calendar Items. At the request of Councilmember Bloom, Item 1-I was removed from the Consent Calendar. Motion b~yor Pro Tem O'Connor, seconded by Councilmember Davis, to approve all items on the Consent Calendar as presented except Item 1-I, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, September 8, 2009 Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver MINUTES 1-A: The minutes of August 11, 2009, City Council meeting were approved as submitted.. SUSTAINABLE WORKS 1-B: Sustainable Works Community and Business Greening Program -recommendation to authorize the City Manager to negotiate and execute professional services Agreement No. 9106 (CCS) with Community Partners, in an amount not to exceed $245,500, for fiscal management and implementation of the Sustainable Works programs, was approved. SOLAR PROGRAM 1-C: Solar Santa Monica Program development and implementation services -recommendation to authorize the City Manager to negotiate and execute Agreement No. 9107 (CCS) with EcoMotion, in the amount of $250,000, to provide project development and implementation services to the Solar Santa Monica program, was approved. DETROIT DIESEL 1-D: Detroit Diesel Engine overhaul services on transit buses - - ENGINES recommendation to award Bid No. 2977 to Ironman Renewal and Harbor Diesel and Equipment, in the amount of $400,000 to provide engine overhaul services on transit coaches powered by Detroit Diesel Series 50 engines for aone-year period with three additional one-year renewal options, was approved. NATURAL GAS AND 1-E: Natural gas and diesel engine overhaul services on transit DIESEL ENGINES buses -recommendation to award Bid No. 2978 to Cummins Cal Pacific and Ironman Renewal, in the amount of $200,000, to provide engine overhaul services on transit coaches for aone-year period with three additional one-year renewal options, was approved. DONATED LIGHT 1-F: Acceptance Light Emitting Diode (LED) Lighting Fixtures - FIXTURES recommendation to accept 420 LED lighting fixtures, at no cost, from Jenn Feng Industrial Co., Ltd., and to authorize participation in the Municipal LED Lighting Project, was approved. STREET RESURFACING 1-G: Street Resurfacing Citywide Project Contracts September 8, 2009 recommendation to authorize the City Manager to negotiate and execute construction Contract No. 9108 (CCS) with All American Asphalt, in the amount of $1,890,980; construction contract management Agreement No. 9109 (CCS) with Tetra Tech, in the amount of $189,065; and to authorize proposed budget changes, was approved. REAL ESTATE ADVICE 1-H: Real Estate Advisory Services -recommendation to authorize the City Manager to negotiate and execute an amendment to existing Agreement No. 1378 (CCS) with Allan D. Kotin & Associates, in an amount not to exceed $50,000, for a new total of $120,000, for real estate economic and financial advisory services related to the City's property acquisition and leasing activities, was approved. AFFORDABLE HOUSING 1-J: Resolution No. 10422 (CCS) entitled: "A RESOLUTION OF UNIT BASE FEE THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING THE AFFORDABLE HOUSING UNIT BASE FEE FOR NEW MARKET-RATE MULTIFAMILY DEVELOPMENT PURSUANT TO THE MUNICIPAL CODE SECTION 9.56.070(B) BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS, was adopted. AFFORDABLE HOUSING 1-K: Resolution No. 10423 (CCS) entitled: "A RESOLUTION OF UNIT DEVELOPMENT THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING COST THE AFFORDABLE HOUSING UNIT DEVELOPMENT COST PURSUANT TO THE MUNICIPAL CODE SECTION 9.56.070(C) BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS," was adopted. WATER SHORTAGE 1-L: Water Shortage Response Plan Amendment -recommendation RESPONSE PLAN to adopt Resolution No.10424 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING THE CITY'S WATER SHORTAGE RESPONSE PLAN TO REMOVE THE SECTION RESTRICTING THE FILLING OF POOLS AND SPAS," was approved. ADMINISTRATIVE 1-M: Administrative Citation Fine Schedule update - CITATION recommendation to adopt Resolution No. 10425 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE MUNICIPAL CODE EFFECTIVE NOVEMBER 1, 2009," was approved. September 8, 2009 SEWER SYSTEM 1-N: Sewer System Management Plan -recommendation to approve MANAGEMENT PLAN a Sewer System Management Plan outlining goals, schedule, and organizational structure for compliance with newly enacted Statewide General Waste Discharge requirements issued by the State Water Resources Control Board, was approved.. 236 ADELAIDE DRIVE 1-O: Statement of Official Action taken denying appeal of the Landmarks Commission decision related to 236 Adelaide Drive, was approved. 301 OCEAN AVENUE 1-P: Statement of Official Action upholding appeal and reversing the decision of the Landmarks Commission to designate the property at 301 Ocean Avenue as a City Landmark, was approved. JONATHAN CLUB 1-Q: Resolution No. 10426 (CCS) entitled: "A RESOLUTION OF LEASE THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO ENTER INTO A FIRST AMENDMENT TO EXTEND THE EXISTING LEASE OF THREE PARCELS ON THE BEACH TO THE JONATHAN CLUB," was adopted. PALISADES BLUFFS 1-R: Palisades Bluffs stabilization project -recommendation to STABILIZATION authorize the City Manager to negotiate and execute Contract No. 9111 (CCS) with Jensen Drilling Company, in the amount of $1,775,200 for drilling services; and Contract No. 9112 (CCS) with Vanir Construction Management, in the amount of $398,330, for construction management services, was approved. ICE SKATING RINK 1-I: Seasonal Ice Skating Rink - recommendation to authorize the City Manager to negotiate and execute License Agreement No. 9110 (CCS) with the Bayside District Corporation for use of City-owned property at 1324 and 1326 5th Street for a seasonal ice skating program from 10/1/09 through 02/15/10, was presented. Councilmember Bloom advised he removed this matter from the Consent Calendar to note his appreciation of staff for testing new technology and proposing a smaller ice rink to make it more energy efficient. Motion b~ Councilmember Bloom seconded by Mayor Geneer, to approve recommendation. The motion was approved by the following vote: 4 September 8, 2009 AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: Councilmember Shriver CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:24 p.m., to consider closed sessions and returned at 7:44 p.m., with all members Councilmember Shriver present. arrived at 7.44 p. m. 2-A: Conference with Real Property Negotiators Property: 402 Colorado City Negotiator: Andy Agle, Director, Housing & Economic Development Under Negotiation: Lease Terms Owner of Record/Lessee: City of Santa Monica/Sears Holding Company ACTION: Heard. No reportable action taken. 2-B: Conference with Legal Counsel -Existing Litigation: Chubna et al. v. City Santa Monica, USDC, Case No. CV09-5046 CBM (Ex). 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, 1681 26th Street, Santa Monica, Ca.) ACTION: Heard. No reportable action taken. 2-D: 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-OS ACTION: Heard. No reportable action taken. 2-E: 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: Heazd. No reportable action taken. September 8, 2009 2-F: Conference with Legal Counsel -Existing Litigation: Crow v. City of Santa Monica and Alfredo Maldonado, LASC Case No. SC 095931. Motion by Councilmember McKeown, seconded by Mayor Pro Tem O'Connor, to approve settlement in the amount of $31,000. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSTAIN: Councilmember Shriver ABSENT: None 2-G: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b)(1): two cases. ACTION: Heard. No reportable action taken. 2-H: Conference with Legal Counsel -Existing Litigation: Lamle v. Citv of Santa Monica, et al.. USDC. Case No. CV 04-06355 HGK SHx. ACTION: Heard. No reportable action taken. 2-I: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(6)(1): Claim by City of Los Angeles Moss Avenue Coastal Interceptor Sewer System Payments. ACTION: Heard. No reportable action taken. 2-J: Conference with Legal Counsel -Existing Litigation: BroEeer et al. v. City of Santa Monica, Los Angeles County Superior Court Case No. BC378071. ACTION: Heard. No reportable action taken. 2-K: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(6)(1): Jesse Whittaker -Claim Number - 08-6340. September 8, 2009 Motion by Councilmember Davis. seconded by Councilmember Bloom, to approve settlement in the amount of $155,000. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSTAIN: Councilmember Shriver ABSENT: None INSPIRATION: A presentation was made to the City Council by the Santa Monica Sister City Association's International Soccer Tournament Committee in appreciation of the City's funding assistance. ADMIN. ITEMS: 6-A: Appeal of Landmarks Commission designation of the 3030-3060 NEBRASKA Commercial Building located at 3030-3060 Nebraska Avenue as a APPEAL City Landmark- recommendation to deny the appeal and designate the property located at 3030-3060 Nebraska Avenue as a City Landmark based on revised findings, was presented. Dale Goldsmith and Bill Delvec, representing appellant, spoke in support of granting the appeal. Member of the public Jerry Rubin spoke in support of the recommendation. Dale Goldsmith, representing appellant, provided a rebuttal to the public comment. Motion by Mayor Pro Tem O'Connor, seconded by Mayor Genser, to grant the appeal. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, Mayor Pro Tem O'Connor, Mayor Genser NOES: Councilmembers Shriver, McKeown ABSENT: None ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2294 (CCS) SPEED LIMITS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING SPEED LIMITS PURSUANT TO ENGINEERING AND TRAFFIC SURVEY AND THE CALIFORNIA VEHICLE CODE, AND AMENDING THE SANTA MONICA MUNICIPAL CODE," was presented. 7 September 8, 2009 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, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: None PROPERTY DEVELOP- 7-B: Introduction and first reading of an interim ordinance to MENT STANDARDS modify property development standards in the OP-4 Ocean Park Multiple Residential District relating to sideyard setback and open space requirements, was presented. There was no one present for public comment. Motion by Councilmember Davis, seconded by Councilmember Bloom, to introduce the ordinance for first reading, 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, Mayor Genser NOES: None ABSENT: None STAFF ITEMS: 8-A: Update to the Downtown Parking Program -recommendation DOWNTOWN PARHING to authorize staff to return with actions necessary to implement the PROGRAM recommendations of the Study, including: 1) Adjust parking rates for on- street parking meters and off-street parking structures within the Down- town;2) Develop program guidelines for centralized valet system and public access to private parking facilities; 3) Develop a program to encourage increased use of alternative transportation by Downtown employees; 4) Develop a financing plan for first stage of implementation of the Downtown Parking Program; 5) Develop a financing plan for future stages of implementation of the Program, including adjusting the Parking hi-Lieu Fee; and 6) Enhance downtown parking operations, including appropriate staffing following implementation of parking rate adjustments, was presented. Members of the public Joey Fullmer, Jerry Rubin, Kathleen Rawson, Michael Cahn, Richard McKinnon and Oren Grossi spoke generally in support of the recommendation and commented on various aspects of the project. September 8, 2009 Motion by Councilmember Bloom. seconded by Councilmember Davis, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Bloom, Mayor Pro Tem O'Connor, Mayor Genser NOES: Councilmembers Holbrook ABSENT: None CINEMA 8-B: Cinema Development at 1320 Fourth Street -recommendation DEVELOPMENT to authorize the City Manager to enter into exclusive negotiations with Metropolitan Pacific Capital Inc. in partnership with AMC Entertainment Inc. to develop and operate a multiplex cinema on the site of Parking Structure No. 3 located at 1320 Fourth Street; and to provide conceptual direction that public parking should not be planned as part of the project, was presented. Members of the public Joey Fullmer and Jerry Rubin commented generally in favor of the project. Considerable discussion ensued relative to the proposed assurances that the recommended developer can make and, the number or screens that will be available and the impact on traffic and parking. Motion by Councilmember Shriver, seconded by Councilmember Davis, to approve staff recommendation. Substitute motion by Mavor Genser, seconded by Councilmember Bloom, to direct staff to expeditiously work to see if the proposers can clarify that their proposal includes the feature of closing the Broadway Cinema that gave them the competitive edge and, if it does, notify Council and continue with negotiations; if it does not include the feature, staff then to return to Council to evaluate which is the better proposal. The substitute motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Mayor Pro Tem O'Connor, Mayor Genser NOES: Councilmembers Holbrook, Davis, Shriver ABSENT: None COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions. ANNUAL APPTS. On order of the Mayor, the floor was opened for nominations to the various vacancies. September 8, 2009 Councilmember Shriver was Board/Commission No. of ApQts. Terms Endan2 excused at 11:04 p. m. Accessibility Appeals Bd. 2 06/30/2013 On order of the Mayor, this matter was continued to September 22, 2009. Commission, Sr. Community 06/30/2013 Councilmember Bloom nominated Jennie Braun. There being no other nominations, Ms. Braun was appointed by acclamation, with Councilmember Shriver absent. On order of the Mayor, the second vacancy was continued to September 22, 2009. Convention & Visitors Bureau 2 06/30/2013 Manor Genser nominated Ellis O'Connor. There being no other nominations, Ms. Ellis was appointed by acclamation, with Councilmember Shriver absent. Manor Genser nominated Fabian Lewkowicz. There being no other nominations, Mr. Lewkowicz was appointed by acclamation, with Councilmember Shriver absent. Disabilities Commission 06/30/2013 Councilmember Bloom nominated Marti Jean McCarty-Browning. There being no other nominations, Ms. McCarty-Browning was appointed by acclamation, with Councilmember Shriver absent. Personnel Board 06/30/2014 On order of the Mayor, this matter was continued to September 22, 2009. Recreation & Parks Commission 1 06/30/2013 Councilmember Davis nominated Nancy Goslee Power. Manor Genser nominated Richard McKinnon. Ms. Power was appointed by the following vote: 10 September 8, 2009 Power: Councilmembers Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor McKinnon: Councilmember McKeown, Mayor Genser Absent: Councilmember Shriver Councilmember McKeown and Mayor Genser requested to change their votes for Ms. Power, thereby appointing her by acclamation. Social Services Commission 2 06/30/2013 Councilmember McKeown nominated Nancy Elaine Geshke. There being no other nominations, Ms. Geshke was appointed by acclamation, with Councilmember Shriver absent. Mayor Genser nominated Cindy McQuade. Councilmember Bloom nominated Jean McNeil Wyner. Ms. McQuade was appointed by the following vote: McQuade: Councilmembers Davis, McKeown, Mayor Pro Tem O'Connor, Mayor Genser Wyner: Councilmembers Bloom, Holbrook Absent: Councilmember Shriver Councilmembers Bloom and Holbrook requested to change their votes to Ms. McQuade thereby appointing her by acclamation. UNSCHEDULED On order of the Mayor, the floor was opened for nominations to the VACANCIES unscheduled vacancies. 13-B: Appointment to one unscheduled vacancy to the Pier Restoration Corporation for a term ending on November 10, 2009: Mavor Genser nominated Michael Dubin. Councilmember McKeown nominated Richard Gerowitz. Mr. Dubin was appointed by the following vote: Dubin: Councilmembers Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser Gerowitz: Councilmember McKeown Absent: Councilmember Shriver 11 September 8, 2009 13-C: Appointment to one unscheduled vacancy on the Arts Commission for a term ending on June 30, 2011. Councilmember McKeown nominated Ed Horowitz. There being no other nominations, Mr. Horowitz was appointed by acclamation, with Councilmember Shriver absent. AHWAHNEE 13-D: Request of Mayor pro tem O'Connor and Councilmembers PRINCIPLES Bloom and McKeown that the Council affirm its support for the Local Government Commission Ahwahnee Principles for Resource- Efficient Communities, Economic Development, and Water; and that the Council further authorize its representative on the Westside Cities Council of Governments to vote for the adoption by that body of these sets of Principles, as well as of the Ahwahnee Principles for Climate Change endorsed by the Santa Monica City Council on March 24, 2009, was presented. There was no one present for public comment. Motion by Councilmember McKeown. seconded by Mayor Genser, to approve request. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. RESIGNATION 13-E: Recommendation to accept Michael Gutierrez's resignation from the Housing Commission and authorize the City Clerk to publish the vacancy, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded b~Councilmember Davis, to approve recommendation. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. PARKS & RECREATION 13-F: Request of Councilmember McKeown that, pursuant to FACILITIES FEES requests from the Planning Commission and the Recreation and Parks Commission, Council direct staff to review the City's Park and Recreation Facilities fees under Municipal Code section 6.80, the amount of which has not been adjusted in over 35 years, and return with recommendations for providing adequate parks revenue for anticipated needs under the new Land Use and Circulation Element, was present. There was no one present for public comment. 12 September 8, 2009 Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve request amended to add review of the commercial fee, in addition to residential fee. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. PUBLIC INPUT: Members of the public Denise Barton, Pro Se, Melvin Ross and Art Casillas commented on various local issues. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:28 p.m. in memory of Laurel Roennau, Mary Kay Kamath, Madora Mae Colberg, and Senator Ted Kennedy, ATa ~VED: ~~ Mana M. Stewart ~ Ken Gensdr City Clerk Mayor 13 September 8, 2009