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M-120809CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 8, 2009 A regular meeting of the Santa Monica City Council was calledto order by Mayor Pro Tem O'Connor at 5:49 p.m., on Tuesday, December 8, 2009, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tem Pam O'Connor Councilmember Richazd 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 Mazia M. Stewart CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:49 pm., with Councihnember Shriver and Mayor Genser absent. Councilmember Bloom 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/Redevelopment Agency Consent Calendars were to be considered simultaneously. Member of the public Joy Fullmer and Ann Infante commented on the Consent Calendar items. At the request of Councilmember Holbrook, Item I-J was removed from the Consent Calendar. December 8, 2009 Motion by A ency/Councilmember Davis seconded by AgencX/ Councilmember Bloom, to approve all items on the Consent Calendars as presented except Item 1-J, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: The motion was approved by the following vote: AYES: Agency/Councihnembers Bloom, Holbrook, Davis, McKeown, Vice Chair/Mayor Pro Tem O'Connor NOES: None ABSENT: Agency/Councilmember Shriver, Chair/Mayor Genser MINUTES 1-A: The minutes of the November 17 and November 20, 2009, City Council meetings were approved as submitted. 1717 4"' STREET 1-B: Furniture purchase for tenant improvement project at 1717 4t6 Street -recommendation to award a purchase order in the amount of $165,000 to Knoll Products, to provide office furniture, furnishings, and equipment for. the Business and Revenue Operations Division, was approved. COUNCIL CHAMBERS 1-C: Council Chambers Audio/Visual Enhancement Project- ENHANCEMENT recommendation to authorize the City Manager to negotiate and PROJECT execute Contract No. 9154 (CCS) with Spinitar, in the amount of $223,500, for the purchase and maintenance of an enhanced audio/visual system for the City Council Chambers, was approved. EMPLOYEE MEDICAL 1-D: Pre-employment and employee professional medical SERVICES services -recommendation to authorize the City Manager to negotiate and execute. Agreement No. 9155 (CCS) with Westchester Medical .Group Center for Heart and Health in the amount of $200,000 per year, for professional medical services, was approved. TRAVELODGE AIR 1-E: Travelodge Hotel Air Rights License Agreement - RIGHTS AGREEMENT recommendation to authorize the City Manager to negotiate and execute Agreement No, 9156 (CCS) with Ocean Avenue Management LLC for air rights for athree-level pedestrian bridge and a subsurface utility easement in First Court Alley, as required by the Travelodge Hotel Development Review Permit OS-007 for development located at 1515-1525 Ocean Avenue and 1530 2"' Street, was approved. December 8, 2009 1171 FRANKLIN ST. 1-F: Resolution No. 10445 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 67000 FORA 6-UNIT CONDOMINIUM PROJECT AT 1171 FRANKLIN STREET", was approved. 1800 STEWART GROUND 1-G: 1800 Stewart Street Ground Lease Extension - LEASE recommendation that the City's Lease No. 8654 (CCS) with CF Santa Monica Office V.L, LP for City-owned property located at 1800 Stewart Street be extended for thirty months; from July 1, 2030 to January 1; 2033, was approved. SALARY AND 1-H: Adoption of Resolution No. 10446 (CCS) entitled: "A CLASSIFICATION RESOLUTION OF THE CITY OF SANTA MONICA CHANGES ESTABLISHING VARIOUS CLASSIFICATIONS AND SALARY RATES, AND RECOMMENDATION TO APPROVE POSITION AND CLASSIFICATION CHANGES," was presented. JOINT MEETING WITH 1-I: Redevelopment Agency Annual Report for Fiscal Year REDEVELOPMENT 2008-2009 -recommendation that City Council receive the AGENCY: ANNUAL. Redevelopment Agency's Annual Report for Fiscal Year 2008-2009; REPORT FOR FISCAL and recommendation that the Redevelopment Agency direct the YEAR 2008-2009 Agency Executive Director to transmit the report to the State Controller for filing, was approved DOWNTOWN/CIVIC 1-K: Downtown/Civic Center Circulation Study - CENTER CIRCULATION recommendation to authorize the City Manager to negotiate and STUDY execute an amendment to Contract No. 9103 (CCS) with Fehr & Peers, for $65,000 for a total amount of $146,000, to provides detailed visual micro-simulation traffic operational analysis for the intersection of Colorado Avenue and 4"' Street to the scope of work for the Civic Center/Downtown circulation analysis, was approved ROSE BOWL PEP 1-J: Rose Bowl Pep Rallies -recommendation to authorize the. RALLIES City Manager to negotiate and execute License Agreement No. 9157 (CCS) with Ohio State University and the University of Oregon or Oregon State University to hold two pep rallies in the 1550 lot on December 30 and December 31, was presented.. Councilmember Holbrook advised he removed this item from the Consent Calendar to request that, if appropriate, the City make the same arrangements with the University of Alabama and the University of Texas should they wish to hold pep rallies in the City as well. December 8, 2009 Motion by Councilmember Holbrook, seconded by Councilmember Davis, to approve recommendation amended with the above request. 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 ADJOURNMENT OF On order of the Mayor Pro Tem, the joint meeting with the JOINT MEETING RedevelopmenYAgency was adjourned at 5:57 p.m. and the regular City Council meeting was reconvened with Councilmember Shriver and Mayor Genser absent. CLOSED SESSIONS: Member of the public Michael Hastings spoke in support of allowing the on-going lease negotiations by Infinity, as related to item 2-I. Councilmember Shriver arrived at 6.•30 p. m. Members of the public Joey Fullmer and Pro Se commented on various Closed Session items. On order of the Mayor Pro Tem, the City Council recessed at, 6:14 p.m., to consider closed sessions. The City Council returned at 7:57 p.m., with Mayor Genser absent, to report the following action taken: 2-A: Conference with Real Property Negotiator Property: 401 Ocean Avenue City Negotiator: .Andy Agle, Dir., Housing & Economic Development Under Negotiation: Interest in Real Property Owners of Record: Morris Family Trust ACTION: Not Heard. 2-C: 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-D: Conference with Legal Counsel: 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. December 8, 2009 Assistant City Attorney Joseph Lawrence advised that this is a claim by the City of Los Angeles alleging that it has overpaid the City of Santa Monica by more than $6 million dollazs for use of the Moss Avenue Coastal Interceptor Sewer System. He added that the parties have reached an agreement under the following terms: Los Angeles will receive credits and back payment totaling $4,001;166. City will pay the City of Los Angeles $2.7 million in cash, and the balance in various credits for the FY 2007/08, 2009/08 and 2009/10. Motion by Councilmember Davis. seconded by Councilmember Holbrook, to approve the proposed settlement and direct the City Manager to negotiate and execute any related 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-E: Conference with Legal Counsel -Existing Litigation: Chubna et al. v. City Santa Monica, USDC Case No. CV09-5046 CBM (Ex). ACTION: Not Heard. 2-F: Conference with Legal Counsel -Existing Litigation: Harris v. City of Santa Monica, Case Number LASC BC 341 569 ACTION: Not Heazd. 2-G: Conference with Legal Counsel -Existing Litigation: In the Matter of Compliance with Federal Obligations by the Cites Santa Monica. California. FAA Docket No. 16-02-08 ACTION: Not Heard. 2-H: Conference with Legal Counsel- Existing Litigation_ United States of America and Peters v. City of Santa Monica USDC, Case No. CV08-02695 CW(Exl ACTION: Heard. No reportable action taken. December 8, 2009 2-I: Conference with Real Property Negotiator Property: 2211 Michigan City Negotiator: Andy Agle, Dir. Housing and Economic Development Under Negotiation: Terms of Lease and/or Purchase Owner of Record/Lessee: Salenger Trust ACTION: Heard. No reportable action taken. ITEM 13-B HEARD OUT On order of the Mayor, and with consensus of Council, Item 13-B to OF ORDER be heard concurrently with Item 2-C: 2-B: Public Employee Appointment. Title: City Manager Motion by Mayor Pro.Tem O'Connor. seconded by Councilmember Bloom, to appoint Rodney Gould as the new City Manager. The motion was approved by the following vote: AYES: Councihnembers Bloom, Holbrook, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: Mayor Genser CITY MANAGER 13-B: Request of Mayor Pro Tem O'Connor that the City CONTRACT Council: (1) consider and approve contract terms for the apppintment of a City Manager, including annual salary, the provision of the same benefits as are provided to Department Heads under the Executive Pay Plan, and relocation and housing assistance; (2) authorize the Mayor or Mayor Pro Tem to execute Contract No. 9158 (CCS) with the candidate selected to serve as City Manager; {3) consider and approve terms of Contract No. (CCS) with the present City Manager for his service as Acting City Manager during the time between his retirement and the new City Manager's assumption of office and authorize the Mayor or Mayor Pro Tem to execute Contract No. 9159 (CCS) and any related documents; and (4) consider and approve a modification to the present City Manager's Contract No. 8531 (CCS) extending, from two to five years, the period in which he must repay his home loan and clarifying that the interest rate is the amount specified in the loan documents, was presented. There was no one present for public comment. December 8, 2009 Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Davis, to enter into an employment contract with Rodney Gould similar to the contract with the present City Manager, including an annual salary of $285,000 and the same benefits as other members of the Executive Pay Plan; plus an immediate accrual ofthree-weeks' vacation and twelve days of sick leave. In addition, because Mr. Gould will be required to relocate and the City Council wishes him to live in the City of Santa Monica the contract to provide for relocation and housing assistance and for a home loan of up to $1.3 million at 3.27% interest, fixed (an interest rate that is below market but is more than the City makes on its own funds) . The motion was approved by the following vote: 3 i AYES: Councilmembers Bloom, Holbrook, Davis, McKeown Mayor Pro Tem O'Connor NOES: Councilmember Shriver ABSENT: Mayor Genser Councilmember Shriver stated, for the record, that he means no disrespect to Mr. Gould and that his "no" vote reflects a belief that, given the economic times, there were some elements of the contract that could have been negotiated more vigorously and the City would have gotten a more reasonable deal. Motion by Mavor Pro Tem O'Connor, seconded by Councilmember Davis, to enter into a contract with current City Manager, P. Lamont Ewell from January 1 through January 22, 2010, which would compensate him at his currently hourly pay rate. 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 Motion by Mavor Pro Tem O'Connor, seconded by Councilmember Holbrook, to modify the existing employment contract of current City Manager, P. Lamont Ewell, to specify that he has up to five years from date of retirement to buy out his home loan from the City. The motion was approved by the following vote: December 8, 2009 AYES: Councilmembers Bloom, Holbrook, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: Mayor Censer ADMIN. PROCEEDINGS: 6-A: Appeal of Planning Commission approval of Conditional 1519 WILSHIRE Use Permit and Variance for The Parlor restaurant - BOULEVARD recommendation to deny appea109APP-012 and uphold the Planning Commission's approval of Conditional Use Permit 08-015 and Variance 08-021 for The Parlor restaurant located at 1519 Wilshire Boulevard based on proposed findings and conditions, was presented. Motion by Councilmember Bloom. seconded by Mavor Pro Tem O'Connor, to review the staff report, allow the appellant to speak, hear public comment, allow the appellant the opportunity to rebut, then return to Council in February 2010. The motion was unanimously approved by voice vote, with Mayor Censer absent. Stephen Jamieson, representative for the appellant, spoke in support of the appeal of the project. Members of the public Milan Cuejic, Tom Swanson, and Nancy DesJardin spoke in support of the appeal. Members of the public Mary Argimon, Alan Zebker, Jerry Rubin, Claire Ragge, Patti Fitzgerald, Diane Krakower, and Diana Hart spoke in opposition to the appeal. Stephen Jamieson, representative for the appellant, provided a rebuttal to the arguments against the appeal. On order of the Mayor Pro Tem, this matter was continued to a future meeting in February 2010. ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2302 (CCS) WATER entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CONSERVATION CITY OF SANTA MONICA UPDATING CHAPTER 8.108 SUBPART B OF THE SANTA MONICA MUNICIPAL CODE RELATED TO LANDSCAPING, LANDSCAPE IRRIGATION AND WATER CONSERVATION", was presented. Motion b~Councilmember Davis, seconded by Mayor Pro Tem O'Connor, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: December 8, 2009 AYES: Councilmembers McKeown, Davis, Bloom, Shriver Mayor Pro Tem O'Connor NOES: Councilmember Holbrook ABSENT: Mayor Genser COMPETITIVE BIDDING 7-B: Introduction and first reading of an ordinance amending Municipal Code Section 2.24.080 as it applies to exceptions to competitive bidding, to allow the purchase of items that have been competitively bid by agencies outside of the State of California, was presented. There was no one present for public comment. Motion by Councilmember Holbrook, seconded bti Councilmember Shriver, 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, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: Mayor Genser STREET PERFORMERS 7-C: Introduction and first reading of an ordinance amending Municipal Code Section 6.112.030 relating to street performance to eliminate the requirement that a permit be obtained before performing on any City sidewalk thereby only imposing a permit requirement on the Pier, the Promenade, and the Transit Mall, was presented. Members of the public Vincent Garofalo, John Foster, and Michael Cahn commented on vazious aspects of the proposed ordinance. Motion by Councilmember Holbrook, seconded by Councilmember Bloom, to introduce ordinance for first reading, reading by title only and waiving fiu•ther reading thereof. Motion to amend by Councilmember McKeown that the ordinance does not apply in those hours before noon on the weekdays when there's typically no one on the Pier or the promenade in the kinds of numbers that create a safety issue. Discussion ensued on the merits of the proposed amendment. The amendment was accepted as friendly. 9 December 8, 2009 Sr. Land Use Attorney Barry Rosenbaum read the following added ordinance language to Section 6.112.030(B), resulting from the above amendment: "No permit shall be required if performance is conducted on Monday through Friday, prior to 12:00 noon, and that day is not on a holiday as defined in subsection `q."' The motion; as amended, was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Mayor Genser STAFF ADMIN. ITEMS: 8-A: Outdoor Dining Standards for Ocean Avenue - OUTDOOR DINING recommendation to consider whether the City's Outdoor Dining STANDARDS Standards for Ocean Avenue should be clarified to expressly prohibit roll down curtains, was presented. Members of the public Mike Dobson; Jennifer Weaver, Doug Lodato, Andrea Williamson, Cesar Armantes, Erick Mendez, Justin Leyvas, Raffe Dermenjian, Gil Bindelgles, Jennifer Rush Morton, Kevin Kozal, Philip Cummins, and Kelly Flynn spoke in opposition to Council's recommendation. Members of the public Kathleen Rawson and Erin Hand spoke in support of the proposal and made suggestions. Considerable discussion ensued on the merits of the proposal and on the comments made by members of the public. Motion by Councilmember Bloom, seconded by Councilmember Davis, to direct staff to review the current ordinance and return with possible revisions that provide for reasonably enforceable standards that promote the goal of enlivening the pedestrian experience and taking into consideration the unique weather conditions on Ocean Avenue; and, that the public, restaurants, Architectural Review Commission and/or the Landmarks Commission, at staffls discretion, be involved. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor NOES: Councilmember Shriver ABSENT: Mayor Genser 10 December 8, 2009 Councilmember Shriver stated, for the record, that his "no" vote reflects a belief the City risks creating unforseen problems and if people who are acting in good faith were allowed to do their best under the circumstances there would be no need to address the issue. CONTINUING PAST Motion bYMayor Pro Tem O'Connor seconded by Councilmember 11:00 P.M. Davis, to continue with the remaining agenda items. The motion was unanimously approved by voice. vote, with Mayor Genser absent. PUBLIC HEARINGS 9-Ai Public Hearing for vacation of a portion of excess public WOODLAWN right-of-way within Woodlawn Cemetery -recommendation to hold CEMETERY VACATION a public hearing to receive comments regazding the proposed vacation and adoption of Resolution No. 10447 (CCS) entitled: "A Councilmember Shriver was RESOLUTION OF THE CITY OF SANTA MONICA ORDERING excused at 11:20 p.m. VACATION OF A PORTION OF EXCESS PUBLIC RIGHT-OF- WAY WITHIN WOODLAWN CEMETERY 1N THE CITY OF SANTA MONICA," was presented. Members of the public Michael Cahn and Brian Hutchings commented on various aspects of the item. Motion by Councilmember McKeown. seconded by Councilmember Bloom, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor NOES: Councilmember Shriver ABSENT: Mayor Genser COUNCILMEMBER 13-A: Annual appointment to one position on the Pier Restoration DISCUSSION ITEMS: Corporation for a term ending on November 10, 2013. ANNUAL APPOINTMENT On order of the Mayor Pro Tem this matter was continued to January 10, 2010. PUBLIC COMMENT Members of the public Pro Se; Denise Barton, Scott Baker, Faith McDonald, Art Casillas, and Brian Hutchings commented on various local issues. 11 December 8, 2009 ADJOURNMENT: On order of the Mayor Pro Tem, the City Council meeting was adjourned at 11:34 p.m. in memory of Steve Meltzer. _ ATTEST: APPROVED: Maria M. Stewart ~ Pam O'Connor City Clerk Mayor Pro Tem 12 December 8, 2009