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M-012610CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 26, 2010 A regular meeting of the Santa Monica City Council was called to order by City Clerk Maria M. Stewart, due to the absence of the Mayor and the Mayor Pro Tem, at 5:56 p.m., on Tuesday, January 26, 2010, at City Council Chambers, 1685 Main Street. Roll Call: Present: Councilmember Richard Bloom Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Bobby Shriver Absent: Mayor Pro Tem Pam O'Connor Mayor Ken Genser Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Maria Stewart CONVENE/PLEDGE On order of the City Clerk, the City Council convened at 5:56 p.m, with Mayor Pro Tem O'Connor and Mayor Genser absent. City Manager Rod Gould led the assemblage in the Pledge of Allegiance. APPOINTMENT OF Due to the absence of Mayor Pro Tem O'Connor and Mayor Genser, the INTERIM CHAIR City Clerk asked for a nomination for an Interim Chair to preside over the meeting. Motion by Councilmember Shriver. seconded by Councilmember Davis to appoint Councilmember Bloom as Interim Chair. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Holbrook ABSTAIN: Councilmember Bloom NOES: None ABSENT: Mayor Pro Tem O'Connor, Mayor Genser As a result of the vote, Interim Chair Bloom assumed the Mayor's seat. January 26, 2010 RECOGNITION OF NEW Interim Chair Bloom acknowledged and welcomed new City Manager CITY MANAGER Rod Gould. CONSENT CALENDAR: Member of the public Joey Fullmer commented on the Consent Calendar items. Councilmember Shriver requested that item 1-A be removed from the Consent Calendar and combined with Item 8-A. Motion by Councilmember McKeown, seconded by Councilmember Davis , to approve all items on the Consent Calendar as presented except Item 1-A, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Holbrook, Interim Chair Bloom NOES: None ABSENT: Mayor Pro Tem O'Connor, Mayor Genser LEGAL SERVICES 1-B: Provision of legal services - recommendation to authorize the City Manager to negotiate and execute an amendment to Agreement No. 9084 (CCS) with Liebert Cassidy Whitmore, in an amount not to exceed $200,000, to provide legal services regarding disciplinary matters for fiscal year 2009-2010, was approved. 430 PICO BLVD. 1-C: Recommendation to approve the Relocation Plan for proposed affordable housing at 430 Pico Blvd., was approved. CLOSED SESSIONS: Member of the public Corin Kahn expressed concerns regarding the building permit status related to Item 2-D. On order of the Interim Chair, the City Council recessed at 6:18 p.m., to consider closed sessions and reconvened at 6:59 p.m., with Mayor Pro Tem O'Connor and Mayor Genser absent, to report the following action taken: 2-A: Conference with Legal Counsel -Existing Litigation: Harris v. City of Santa Monica, Case Number LASC BC 341 569. ACTION: Not Heard. 2-B: Conference with Legal Counsel -Existing Litigation: In the Matter of Compliance with Federal Obligations by the City of Santa January 26, 2010 Monica, California, FAA Docket No. 16-02-08. ACTION: Heard. No reportable action taken. 2-C: Conference with Legal Counsel-ExistingLitigation:United States of America and Peters v. City of Santa Monica, USDC, Case No. CV08-02695 CW (Ex). 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): 2510 7th Street. ACTION: Heard. No reportable action taken. 2-E: Conference with Legal Counsel - Existing Litigation: Gonzalez v. City of Santa Monica and MCO Phillip. Washington, Los Angeles Superior Court Case Number LASC 099567. Motion by Councilmember Davis, seconded by Councilmember McKeown, to approve Settlement No. 91'11 (CCS) in the amount of $55,000. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Holbrook, Interim Chair Bloom NOES: None ABSENT: Mayor Pro Tem O'Connor, 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: Kaufman v. City of Santa Monica, Los Angeles Superior Court Case Number LASC 103030. ACTION: Not Heard. SPECIAL AGENDA 4-A: Recommendation to adopt Resolution No. 10451 (CCS) ITEMS: entitled: "A RESOLUTION OF THE CITY COUNCIL DECLARING 3 January 26, 2010 CITY COUNCIL A VACANCY ON THE CITY COUNCIL, AND DISCUSSION OF VACANCY OPTIONS AND PROCEDURE TO FILL VACANCY, AS PROVIDED FOR IN SECTION 603 OF THE CITY CHARTER," was presented. Denise Barton, Jerry Rubin, Ben Handwerker commented on the recent passing of Mayor Genser and the need to fill the vacant seat. Motion by Councilmember Shriver, seconded by Councilmember Holbrook, to declare Mayor Genser's seat vacant and adopt Resolution No. 10451 (CCS) reading by title only and waiving further reading thereof. The motion was approved by the following vote. AYES: Councilmembers Holbrook, Davis, Shriver, McKeown, Interim Chair Bloom NOES: None ABSENT: Mayor Pro Tem O'Connor Discussion ensued on the application process to follow to fill the vacancy and on the option of calling a special election Motion by Councilmember McKeown. seconded by Interim Chair Bloom, to reformulate the application to also solicit interest in other volunteer opportunities in the City. The motion failed by voice vote with Councilmembers Holbrook and Shriver voting in opposition, and Mayor Pro Tem O'Connor absent. Motion by Councilmember McKeown seconded by Interim Chair Bloom, that whatever application form is used, that it be inclusive and encourage applicants to express interest in opportunities other than those of the Council seat. Discussion continued on the appropriate process. After considerable discussion it was the consensus of Council to table this item to later in the meeting, after the 8-Items are considered. ORDINANCES: 7-A: Ordinance modifying beach parking lot parking permits LA MARATHON BEACH for 2010 Los Angeles Marathon; increase in beach and PARKING downtown/Civic Center parking rates -recommendation to introduce for first reading an ordinance modifying Municipal Code Councilmember Holbrook Section 3.04.030 relating to beach parking lot parking permits; direct was excused at 7:45 p. m. staff to return with a resolution to allow for overnight beach parking; and approve proposed beach and downtown/Civic Center parking rates, was presented. 4 January 26, 2010 There was no one present for public comment. Motion by Councihember McKeown, seconded by Councilmember Davis, to introduce this ordinance, reading by title only and waiving further reading thereof, and approve recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Interim Chair Bloom NOES: None ABSENT: Councilmember Holbrook, Mayor Pro Tem O'Connor STAFF ADMIN ITEMS: At the request of staff, and on order of the Interim Chair, Items 8-A MID-YEAR 2009-10 and 8-B were heard concurrently with Item 1-A. BUDGET 8-A: Mid-Year 2009-10 Budget - recommendation to: appropriate Fiscal Year 2009-10 proposed budget changes and adjust revenue budgets; adopt Resolution No. 10452 (CCS) establishing classification and salary rates for various positions; approve proposed position and classification changes; and adopt Resolution No. 10453 (CCS) setting various parking permit fees, was presented. FINANCIAL FORECAST 8-B: Five-Year financial forecast, public comment on budget priorities, discussion of community priorities budget development, and Community Development Grant Program and Cultural Arts Organizational Support Program Grant Cycles -recommendation to 1) receive the 5-Year Financial Forecast as background for develop- ment of the FY2010-11 budget; 2) receive public comments on FY 2010-11 budget priorities, including CDBG and Home Investment Parknership program funds; 3) direct staff on Community Priorities to guide the development of the FY2010-11 budget and FY2011-12 budget plan; 4) renew grant funding for one year contingent upon available funding and postpone the next grant cycle to begin FY2011- 12 for the Community Development Grant Program and Cultural Arts Organizational Support Program, was presented. ANNENBERG BEACH 1-A: Business development and marketing services for HOUSE Annenberg Community Beach House -recommendation to authorize the City Manager to negotiate and execute Contract No. Councilmember Holbrook 9169 (CCS) with Hospitality Atelier in an amount not to exceed returned at 8: 56 p. m. $59,600 for a total contract amount of $129,100, for business development and marketing services associated with private events at the Annenberg Community Beach House through June 30, 2010, was presented. January 26, 2010 Members of the public Mauricio Escobar, Jasmin Mier, Ashleigh Rodriguez, Susie Lozano, Joshua Lozano, Jasmina Lozano, Frank Suarez, Sr., Oscar de la Torre, Sigi Aguirre, Denise Barton, Michael Toney, Jerry Rubin, Richard Cohen, Betsy Hiteshew, Irene Zivi, Judy Alexander, Robert Kronovet, Zina Josephs, John Maceri, Judy Abdo, Catherine Eldridge, and Albin Gielicz commented on various aspects of the budget. Discussion ensued on the budget presentations made for Items 8-A and 8-B including the current state of the economy, the City's financial state and expected revenues and expenditures and on the comments made by members of the public. Motion by Councilmember Shriver, seconded by Councilmember Holbrook, to approve recommendation for Consent Calendar Item 1- A. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Davis, Shriver, McKeown, Interim Chair Bloom NOES: None ABSENT: Mayor Pro Tem O'Connor Motion by Councilmember McKeown. seconded by Councilmember Davis, to approve recommendation on Item 8-A, including direction to staff to return with solutions on how to implement the Sustainable City Plan priority that the Council voted on twice which requires the addition of a half full-time employee to the Office of Sustainability and the Environment. Discussion ensued on the direction added to the motion and its merits, and on whether that decision should be made when the complete budget is presented to Council. After considerable discussion, Councilmember McKeown amended his motion to approve the recommendation only, as follows: Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve recommendation on Item 8. Discussion ensued on the motion. On order of the Interim Chair, the above motion was momentarily tabled to consider the following motion. 6 January 26, 2010 Motion by Councilmember Shriver, seconded by Councilmember Holbrook, to direct staff to develop a plan for regularly returning to Council about next year's budget prepazation and any adjustments that might need to be made to the current budget. The motion was unanimously approved by voice vote, with Mayor Pro Tem O'Connor absent. On order of the Interim Chair, Council returned to the main motion to approve staff recommendation on Item 8-A. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Holbrook, Interim Chair Bloom NOES: None ABSENT: Mayor Pro Tem O'Connor Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve recommendation on Item 8-B. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, Holbrook, Interim Chair Bloom NOES: None ABSENT: Mayor Pro Tem O'Connor Motion by Councilmember McKeown, seconded by Councilmember Shriver, to incorporate the "white paper" mentioned by member of the public Frank Suarez, Jr., regarding youth violence into the community priorities, and other issues commented on by Council during discussion. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Davis, Shriver, McKeown, Interim Chair Bloom NOES: None ABSENT: Mayor Pro Tem O'Connor CUSTODIAL SERVICES 8-C: Custodial services at the Public Safety Facility (PSF) and Pier -recommendation to review the cost/benefit analysis of contracted and in-house custodial services at the PSF and Pier, and, if appropriate, direct staff to proceed with actions necessary to contract for custodial services; and, authorize the City Manager to extend the term of the purchase order with High Tech Building Maintenance until September 30, 2010, in an amount not to exceed $145,000 and extend the term of the purchase order with LA Cha until September 30, 2010, January 26, 2010 or until a new contract is awarded, whichever comes first, was presented. Motion by Councilmember Davis, seconded by Councilmember Holbrook, to approve staff recommendation, amended to direct staff that this matter be brought back to Council at budget review in January of 2011. The motion was approved by the following vote: AYES: Councilmembers Shriver, Davis, Holbrook, Interim Chair Bloom NOES: Councilmember McKeown ABSENT: Mayor Pro Tem O'Connor Councilmember McKeown stated, for the record, that his "no" vote reflects a belief that jobs in the public sector should be public jobs and that by outsourcing them the City validates and exacerbates the social and economic inequities that the City should be trying to correct. MEASURE VFIVE-YEAR 8-D: Approval of Measure V FY2010-11 through FY 2014-15 PLAN Five-Year Plan - recommendation to adopt the proposed five-year plan for the purpose of implementing the City's Watershed Management Plan, was presented. Motion by Councilmember McKeown, seconded by Councilmember Shriver, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Shriver, Davis, Holbrook, McKeown, Interim Chair Bloom NOES: None ABSENT: Mayor Pro Tem O'Connor SPECIAL AGENDA 4-A: Recommendation to adopt Resolution No. 10451 (CCS) ITEMS: declaring a vacancy on the City Council, and discussion of options CITY COUNCIL and procedure to fill vacancy, as provided for in Section 603 of the VACANCY CONT. City Charter, was returned for Council consideration. Interim Chair Bloom requested Councilmember McKeown to re-state his motion, and asked for a second to the motion. Motion by Councilmember McKeown, that whatever application form is used, that it be inclusive and encourage applicants to express interest in opportunities other than those of the Council seat. 8 January 26, 2010 The motion died for lack of a second. Motion by Councilmember Shriver, that people who are interested may be asked to post that information on-line and make a statement of their qualifications and notify the public that they will be contacting Councilmembers with their interest, and invite the public to comment on them as applicants. The motion was seconded by Interim Chair Bloom, with the under- standing that the communication will be provided by interested applicants to the City Clerk. The City Clerk clarified that the information provided by any applicant will be optional, and no specific information will be requested. Any information provided maybe made available to the public if the applicant so wishes; and the applicant(s) will be contacting Councilmembers directly with their interest. Motion to amend by Councilmember Davis to set a deadline of February 17th, by which to notify the City Clerk. The motion was accepted as friendly. The motion, as amended, was approved by the following vote: AYES: Councilmembers Shriver, Davis, Holbrook, Interim Chair Bloom NOES: Councilmember McKeown ABSENT: Mayor Pro Tem O'Connor Councilmember McKeown stated, for the record, that his "no" vote reflects a belief that the City Council failed to improve on the prior process - an acknowledgment of expressed public concerns about it - and have made this process happen further out of the public eye than it did last time and failed to seize an opportunity to recruit volunteer energy for boards and commissions. COUNCILMEMBER 13-A: Annual Appointment to the Accessibility Appeals Board to DISCUSSION ITEMS: one vacancy for a term ending June 30, 2013. ANNUAL APPOINTMENT Interim Chair Bloom noted that with the latest resignation this Board has four vacancies and is now completely vacant; that historically, this has been a difficult Board to fill and after consulting with legal staff, proposes to direct staff to analyze options for integrating this Board 9 January 26, 2010 within other appropriate board or commission, or to propose other options to deal with the difficulty of filling the Board. He added that this appointment may be continued until such a time as staff returns with options. Motion by Interim Chair Bloom, seconded by Councilmember Shriver, to direct staff as proposed above. The motion was unanimously approved by voice vote, with Mayor Pro Tem O'Connor absent. ANNUAL APPOINTMENT 13-B: Annual appointment to one position on the Pier Restoration Corporation for a term ending on November 10, 2013. On order of the Interim Chair, this matter was continued to February 9, 2010. UNSCHEDULED 13-C: Appointment to one unscheduled vacancy on the Pier VACANCY Restoration Corporation for a term ending on November 10, 2010. On order of the Interim Chair, this matter was continued to February 9, 2010. EARTH HOUR 2010 13-D: Request of Councilmember McKeown that the City participate in the worldwide Earth Hour 2010 on March 27th, turning off all non-essential lighting for one hour at 8:30pm local time, to make a shared global statement of concern about energy use and climate change, and to demonstrate a commitment to finding solutions; and that the City urge Santa Monica businesses, institutions and residents to participate as well, was presented. Motion by Councilmember Shriver, seconded by Councilmember McKeown, to approve request. The motion was unanimously approved by voice vote, with Mayor Pro Tem O'Connor absent ANNUAL VACANCIES 13-E: Appointment to two annual vacancies on the Measure V Citizens Oversight Committee with terms ending December 31, 2011. On order of the Interim Chair, the floor was opened for nominations. Councilmember McKeown nominated Vanessa Meier, the incumbent. Ms. Meier was reappointed to a second term ending December 31, 2011, by acclamation, with Mayor Pro Tem O'CONNOR absent. 10 January 26, 2010 On order of the Interim chair, the second vacancy was continued to a future meeting. PUBLIC COMMENT Members of the public Pro Se, D'Lynn Waldron, Denise Barton, M. Ross, Dylan, Nicole Daghrighian, Elisa Aquino, Art Casillas, Wendy Radwan, Ayman Radwan, Ahmed Salem, Fouad Saneh, Don Alex, and Richard Jones commented on various local issues. ADJOURNMENT: On order of the Interim Chair, the City Council meeting was adjourned at 11:37 p.m in memory of Robert Berke, Gerald McCabe, and Sherry Kellogg. -ATTEST: A ROVED: ~~~ ~ Maria Stewart 'chard Bloom City Clerk Interim Chair 11 January 26, 2010