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M-112409CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 24, 2009 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor at 5:54 p.m., on Tuesday, November 24, 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 Absent: Councilmember Bobby Shriver Mayor Ken Genser Also Present: City Manager P. Lamont Ewell City Attorney Marsha Jones Moutrie City Clerk Mazia M. Stewart CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:54. p.m., with Councilmember Shriver and Mayor Genser absent. Councilmember Bloom led the assemblage in the Pledge of Allegiance. MAYOR GENSER - Mayor Pro Tem O'Connor stated that Mayor Genser is recovering EXCUSED ABSENCES from an illness and asked that the minutes reflect that his absence tonight, as well as the last four absences are excused absences. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Member of the public Joey Fullmer expressed opinions related to Consent Calendar items. Motion by Councilmember Davis, seconded by Councilmember Holbrook, to approve all items on the Consent Calendar as presented, reading resolutions by title only and waiving further reading thereof. November 24, 2009 The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmember Shriyer, Mayor Genser CONSENT CALENDAR: 1-A: The minutes of the November 2 and 3, 2009, special Council MINUTES Meetings and the November 10, 2009, City Council meeting were approved as submitted. CANCELLATION OF 1-B: Recommendation to cancel the December 22, 2009, regular REGULAR MEETING Council Meeting due to lack of a quorum, was approved. ESTABLISHMENT OF 1-C: Support of establishment of a Medium-Speed Vehicle MEDIUM-SPEED FOR classification -recommendation to adopt Resolution No. 10441 (CCS) VEHICLES entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SUPPORTING ADOPTION OF STATE REGULATIONS THAT WOULD AUTHORIZE THE USE OFMEDIUM-SPEED VEHICLES ON PUBLIC STREETS IN ORDER TO PROMOTE DEVELOPMENTS IN ENVIRONMENTAL SUSTAINABILITY," was approved. PURCHASE - 4 FIRE 1-D: Purchase of four fire pumper vehicles -recommendation to `j PUMPER VEHICLES authorize the City. Manager to negotiate and execute Contract No. 9152 (CCS) with Kovatch Mobile Equipment (KME), in the amount. of $2,199,969.30, to furnish and deliver four fire pumper vehicles for the Fire Suppression Division of the Fire Department, was approved. CLOSED SESSIONS: Member of the public Pro Se commented on the listing of closed sessions. On order of the Mayor Pro Tem, the City Council recessed at 6:12 p.m., to consider closed sessions and reconvened at 7:39 p.m., to report the following: 2-A: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b)(1): one case. ACTION: Heard. No reportable action taken: 2-B: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b)(i): Snyder Diamond, 1399 Olympic Blvd., Case Number 07COM-0055 and Four Oaks Garage, 1547 7th Street, Case Number 06COM1408. 2 November 24, 2009 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)(1): Claim by City of Los Angeles Moss Avenue Coastal Interceptor Sewer System Payments. ACTION: Not Heard. 2-D: Conference with Legal Counsel -Existing Litigation: Chubna et al. v. City Santa Monica, USDC Case No. CV09-5046 CBM (Ex). ACTION: Not Heard. 2-E: Conference with Legal Counsel -Existing Litigation: Harris v. City of Santa Monica, Case Number LASC BC 341569. ACTION: Not Heard. 2-F: Conference with Real Property Negotiators Property: 1855 Main Street (proposed museum site) City Negotiator: P. Lamont Ewell, City Manager Under Negotiation: Lease Terms Owner of Record: City of Santa Monica ACTION: Heard. No reportable action taken. 3-A: Release of the Draft Land Use and Circulation Element (LUCE) - a study session concurrent with the release of the Draft LUCE to provide an overview of the document,- given its comprehensive nature, and inform City Council and the community and increase an understanding of its contents in advance ofthe release ofthe Draft Environmental Impact Report in early January, was presented. The following members of the public commented on various aspects of the presentation: Jerry Rubin, Catherine Eldridge; Donna Sternberg, Nina Fresco, Mike Myers, Susan Cloke, Brian Hutchings and Linda Piera-Avila. Considerable discussion ensued on the presentation and on the comments received from members of the public. On order of the Mayor Pro Tem, the information was received and filed. 3 November 24, 2009 BEACH RESTROOMS 3-B: Concept Design for Beach Restroom Facilities Replacement CONCEPT DESIGN Project - recommendation to review and comment on the proposed concept design for replacement of eight beach restroom facilities and direct staff to proceed with design development drawings prior to scheduling a review by the Architectural Review Board and then final approval by the City Council, was presented. Members of the public M. Ross and Susan Cloke commented on the proposal. On order of the Mayor Pro Tem, the information was received and filed. ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2301 (CCS) WOODLAWN entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA CEMETERY AMENDING 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 REGARDING THE MANAGEMENT, SUPERVISION AND USE OF THE CEMETERY, AND TO ENTER INTO INTERMENT SALES ORDERS," was presented. Motion by Mayor Pro Tem O'Connor, seconded by Councilmember McKeown, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was. approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmember Shriver, Mayor Genser WATERCONSERVATION7-B: Introduction and first reading of an ordinance amending Chapter 8.108 Subpart B of the Municipal code related to landscaping, landscape irrigation and water conservation; adoption of Resolution No. 10442 (CCS) setting standards for Water-Efficient Landscape and Irrigation; and adoption of Resolution No. 10443 (CCS) setting forth the Administrative Citation Schedule of Fines for certain violations of the Municipal Code, was presented. Members of the public Michael Toney and Brian Hutchings commented on the proposed ordinance. 4 November 24, 2009 Motion by Councilmember McKeown. seconded by Councihmember 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, Davis, McKeown, Mayor Pro Tem O'Connor NOES:. Councilmember Holbrook ABSENT: Councilmember Shriver, Mayor Genser Motion by Councilmember Bloom seconded by Councilmember Davis, to adoption of Resolution No. 10442 (CCS) entitled: "A RESOLUTION. OF THE CITY OF SANTA MONICA SETTING STANDARDS FOR WATER-EFFICIENT LANDSCAPE AND IRRIGATION." The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Bloom, Mayor Pro Tem O'Connor NOES: Councilmember Holbrook ABSENT: Councilmember Shriver, Mayor Genser Motion by Councilmember Davis, seconded by Councilmember Bloom, to adopt Resolution No. 10443 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING FORTH THE ADMINISTRATPJE CITATION SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE MUNICIPAL CODE." The motion was approved by the following vote: AYES: Councilmembers Bloom, Davis, McKeown, Mayor Pro Tem O'Connor NOES: Councilmember Holbrook ABSENT: Councilmember Shriver, Mayor Genser STAFF ITEMS: 8-A: Exposition Light Rail Phase 2 Maintenance Facility Upgrade, EXPOSITION LIGHT Expo Construction Authority consideration of Verizon Site and Santa RAIL PHASE 2 Monica College parking lot as the Hybrid Site within the City - recommendation to authorize the City Manager to negotiate AgreementNo. 9153 {CCS) with the Exposition Authority (Expo) for mitigations for the proposed Phase 2 Exposition Light Rail maintenance facility, including the proposed alternative concept. "hybrid" maintenance facility site; request. Expo to continue working with the City and community to ensure that, if the alternative hybrid concept is accepted by Expo, environmental impacts are fully mitigated and that good neighbor provisions by Council aze secured and to minimize the visual and environmental impacts of the maintenance November 24, 2009 facility; work with Expo and other agencies on layout and financial issues associated with the hybrid alternative; direct staff to explore with SMC and Expo practical and legal options for land and lease swaps to create the linear buffer in exchange for comparable property for the SMC parking lot, which will be relocated on City property on Airport Residual land; and direct staff to work with Expo and Metro to develop any additional necessary agreements regarding development and operation of the hybrid site if it is adopted by the Expo Board as the recommended site and adjust the final budget for the Expo Phase 2 project as appropriate to include all required City mitigations and recommended improvements for the maintenance facility, was presented. The following members of the public spoke in opposition to the placement of the maintenance facility: Jason Ranne, Catherine Eldridge, Alan Quinn, Sarah Devine, Elanor Path, Maria Loya, Michael Tarbet, and Marcia Zimmennan. Member of the public Jerry Rubin spoke in support of the project. Considerable discussion ensued on the presentation and on comments made by members of the public including but not limited to the impacts of the maintenance facility site in the neighborhoods, any possible California Environment Quality Act requirements, mitigation efforts, noise and air quality, and aesthetics. Motion by Mavor Pro Tem O'Connor. seconded by Councilmember Holbrook, to approve staff recommendation, noting that it will not contain a paint and body shop, and to include comments about the possibility of bringing in a jobs program from Metro and Expo's existing jobs program for Phase 2 and for when the facility is up and running. Motion to amend by Councilmember McKeown, to add the additional point to direct staff to act as mediators with Metro to extend the level of cooperation and communication to the families that live nearby theproject area. The motion was accepted as friendly. Motion to amend by Councilmember Davis to direct staff to work with the outreach staffs of Metro and Expo Authorities in teens of facilitating on- going communications including but not limited to design, build and on- going operations. Motion was accepted as friendly. The motion, as amended, was approved by the following vote 6 November 24, 2009 AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmember Shriyer, Mayor Genser PUBLIC SAFETY On order of the Mayor Pro Tem, the regular City Council meeting was FACILITY -LEASE recessed and reconvened to a special joint meeting with the Public REVENUE BONDS Financing Authority at 11:30 p.m., with Councilmember Shriver and Mayor Genser absent. 8-B: Issuance of Lease Revenue Bonds, Series 2009 (Public Safety Facility Project) - recommendation that Council and the Public Financing Authority: adopt respective Resolution Nos. 10444 (CCS) and 5 (PFAS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A SECOND AMENDMENT TO LEASE AGREEMENT, A SECOND SUPPLEMENTAL INDENTURE AND A CONTINUING DISCLOSURE CERTIFICATE IN CONNECTION WITH THE ISSUANCE OF PUBLIC FINANCING AUTHORITY LEASE REVENUE REFUNDING BONDS, SERIES 2009 (PUBLIC SAFETY FACILITY PROJECT), APPROVING THE ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT. TO EXCEED $10,000,000, APPROVING A BOND PURCHASE AGREEMENT FOR SUCH BONDS, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS"; and appropriate funds and adopt proposed budget changes, was presented. There was no one present for public comment. Motion by Authority/Councilmember McKeown seconded by Authority/Councilmember Davis, to approve staff recommendation. The motion was approved by the following vote:. AYES: Authority/Councilmembers McKeown, Davis, Holbrook, Bloom, Vice Chair/Mayor Pro Tem O'Connor NOES: None ABSENT: Authority/Councilmember Shriver, Chair/Mayor Genser ADJOURNMENT OF On order of the Mayor Pro Tem, the- Special Joint Meeting was adjourned SPECIAL JOINT at 11:33 p.m., and the regulaz Gity Council meeting was reconvened with MEETING Councilmember Shriver and Mayor Genser absent. November 24, 2009 COUNCIL ITEMS: 13-A: Annual appointment to one position on the Pier Restoration Corporation for a term ending on November 10, 2013. On order of the Mayor Pro Tem, this matter was continued to December 8, 2009. PUBLIC INPUT: Members of the public Pro Se, Denise Barton, M. Ross, Faith McDonald, Michael Toney, Brian Hutchings and Cesar Hernandez commented on various local issues. ADJOURNMENT: On order of the Mayor Pro Tem, the City Council meeting was adjourned at 11:45 p.m. in memory of Elinor Graham and Don Hedrich. AT`'TE~STI : APPROVED: _ W .~`.e.,~~ Maria M. Stewart Pam O'Connor City Clerk Mayor Pro Tem November 24, 2009