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M-030910CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 9, 2010 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor at 5:47 p.m., on Tuesday, March 9, 2010, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tem Pam O'Connor Councilmember Richard Bloom Councilmember Gleam Davis Councilmember Kevin McKeown Councilmember Terry O'Day Absent: Councilmember Robert T. Holbrook Councilmember Bobby Shriver Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Maria Stewart CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:47 p.m, with Councilmembers Holbrook and Shriver absent. Councilmember O'Day led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: Members of the public Joey Fullmer and Jerry Rubin commented on various Consent Calendar items. Member of the public Ken Ward spoke in support of Item 1-F. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve all items on the Consent Calendar as presented, reading resolutions by title only and waiving fiirther reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, O'Day, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmembers Holbrook, Shriver MINUTES 1-A: The minutes of the February 9 and the February 23, 2010, City February 23, 2010 Council meetings were approved as submitted. TRANSIT COACHES AND 1-B: Purchase of five articulated CNG Transit Coaches and SPARE PARTS spare parts -recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 9126 (CCS) with North American Bus Industries Inc., in the amount of $4,898,946 to purchase 5 low-floor articulated compressed natural gas transit coaches and miscellaneous spare parts; and authorize the City Manager to issue a Notice to Proceed, was approved. CIVIC CENTER CAFE 1-C: Lease Agreement for Civic Center cafe - recommendation to authorize the City Manager to negotiate and execute an amendment to Lease Agreement No. 8982 (CCS) with High Rise Goodies Restaurant Group d.b.a. Trimana Grill to restructure lease terms relating to the formula for base rent and the duration of validated patron parking for the cafe space in the Civic Center Parking Structure, was approved. LUCE -EXPO LIGHT 1-D: Services related to the Land Use & Circulation Element RAIL SERVICES implementation; Exposition Light Rail Planning and Design Coordination; and Design Review -recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 9058 (CCS) with the Phipps Group, in the amount of $100,000, to develop implementation measures for neighborhood conservation and historic preservation initiatives; and an amendment to Contract No. 8729 (CCS), in the amount of $225,000, to provide planning and urban design services in conjunction with the above projects, was approved. POLICE MOBILE VIDEO 1-E: Police Department mobile video system - reconunendation SYSTEM to authorize the City Manager to negotiate and execute Contract No. 9182 (CCS) with Insight Public Sector, in the amount of $275,000, for purchase and maintenance of a mobile video system for use in police vehicles, was approved. MOUNTAIN VIEW 1-F: Mountain View Mobile Home Park property management MOBILE HOME PARK -recommendation to authorize the City Manager to negotiate and execute Contract No. 9183 (CCS) with Real Estate Consulting & Services, in the amount of $1,425,741, to provide property management services for the Mobile Home Park, was approved. ASSESSMENT OF CITY 1-G: Condition Assessment and Analysis Study of City Facilities 2 February 23, 2010 FACILITIES -recommendation to authorize the City Manager to negotiate and execute Contract No. 9184 (CCS) with Faithful+Gould, in the amount of $281,621, for preparation of a facility condition assessment and condition analysis study for 148 of the City's existing structures, was approved. CLOSED SESSIONS: Members of the public Corin Kahn, Anita Murphy, Barrett Carrere, Pamela Hogan, Jessy Berstein, and Walt Zambas commented on various Closed Session Items. On order of the Mayor Pro Tem, the City Council recessed at 6:10 p.m., to consider closed sessions and reconvened at 7:06 p.m., with Councilmembers Shriver and Holbrook absent, to report the following action taken: 2-A: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b): 2510 7th Street and 1236 25th Street. The City Attorney reported this matter was heard and there was no reportable action taken. 2-B: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1): one case. The City Attorney reported this matter was heard and 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 (c): one case. The City Attorney reported this matter was heard and there was no reportable action taken. 2-D: Conference with Legal Counsel -Existing Litigation: Chubna et al. v. City of Santa Monica, USDC Case No. CV09-5046 CBM (Ex). The City Attorney reported this matter was heard and there was no February 23, 2010 reportable action taken. 2-E: Conference with Real Property Negotiators Property: 1336 Fifth Street City Negotiator: Andy Agle, Director Housing and Economic Development Under Negotiation: Lease Modification Lessee of Record: Hershey Associates The City Attorney reported this matter was heard and there was no reportable action taken. TRIBUTE TO MAYOR 4-A: A memorial plaque, in tribute to the late Mayor Ken KEN CENSER Censer, was presented by Ms. Nancy Greenstein on behalf of Santa Monica-UCLA Medical Center and Orthopedic Hospital. PROCLAMATION 4-B: Mayor Pro Tem O'Connor issued a proclamation declaring March 2010 as Women's History Month and International Women's Day in the City of Santa Monica. ADMIN. PROCEEDINGS: 6-A: Appeal of Planning Commission approval of Conditional APPEAL: 1519 WILSHIRE Use Permit and Variance for The Parlor restaurant (1519 Wilshire) - 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 based on draft findings and conditions, was presented. Chris Harding and Sherman Stacey, attorneys representing Appellant, spoke in support of the appeal. Members of the public Mary Argimon, Alan Zobker, Jerry Rubin, Valerie Griffin, Heidi Gordon, Richard Knickerbok, Nikki Fernandez and Ellen Hannan spoke in opposition to the appeal. Members of the public Joyce Kelly, Day Vinson, Carolyn Covers, Pat Gilfillan, and Rick Hadley spoke in support of the appeal. Sherman Stacey provided a rebuttal to public comment. Considerable discussion ensued on the merits of the appeal, on the basis of the Planning Commission's action, and on the public comment received. 4 February 23, 2010 Motion by Councilmember McKeown, seconded by Councilmember O'Dav, to approve the recommendation, as revised by staff. A lengthy discussion ensued on the merits of the motion and on possible amendments. Motion to amend by Councilmember Bloom to add language that prior to final inspection the security plan shall be submitted to the Police Chief to be approved and affirmed; and that if the plan fails, then the Police Chief at his/her discretion will call for refining the security plan; and that, for a period of five years, there shall be a compliance review every 12 months after conferring with operator and residents. The motion was accepted as friendly. Motion to amend b~Councilmember Davis, to amend so that no games concerning the consumption of alcohol on the premises be allowed; and that the "last call" for drinks be eliminated. The motion was accepted as friendly. Motion by Councilmember Davis, seconded by Councilmember O'Dav, to allow up to 175 dining seats, with the requisite parking. The motion was approved by the following vote: AYES: Councilmembers Davis, O'Day, Bloom, Mayor Pro Tem O'Connor NOES: Councilmember McKeown ABSENT: Councilmembers Shriver, Holbrook Councilmember McKeown stated, for the record, that his "no" vote reflects a concern for the neighbors. The main motion, as amended, was approved by the following vote: AYES: Councilmembers Bloom, O'Day, Davis, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmembers Shriver, Holbrook February 23, 2010 APPEAL - 1047 9rg 6-B: Appeal of Landmarks Commission designation as City r STREET Landmarks of the residential buildings located at 1047 9th Street -recommendation to deny the appeal and designate the three residential buildings at 1047 9th Street as City Landmarks based on proposed findings, was presented. Attorney Steve Kaplan, representing Appellant, spoke in support of the appeal. Member of the public Ellen Hannan spoke in support of the appeal. Nina Fresco and Margaret Bach, representing the Landmarks Commission, spoke in opposition of the appeal. Steve Kaplan provided a rebuttal to the public comment. Motion by Councilmember McKeown. seconded by Councilmember Davis to approve staff recommendation and deny appeal based on criteria numbers 1, 4, and 5, and on the proposed findings. The motion failed by the following vote: AYES: Councilmembers Davis, McKeown NOES: Councilmembers Bloom, O'Day, Mayor Pro Tem O'Connor ABSENT: Councilmembers Shriver, Holbrook Motion by Councilmember Bloom, seconded by Mayor Pro Tem O'Connor, to designate the front house as a City Landmark but not the two houses in the rear, and to Landmark the parcel. The motion failed by the following vote: AYES: Councilmembers O'Day, Bloom, Mayor Pro Tem O'Connor NOES: Councilmembers McKeown, Davis ABSENT: Councilmembers Holbrook, Shriver Motion by Councilmember Bloom, seconded by Mayor Pro Tem O'Connor, to continue the matter. Discussion ensued on the merits of the motion. After considerable discussion, the motion was withdrawn. February 23, 2010 There being no action taken on the matter due to the failure of the motions, the Mayor announced that the Landmarks Commission decision stands. ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2306 (CCS) HEARING OFFICER entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE AUTHORITIES CITY OF SANTA MONICA ADDING CHAPTER 1.14 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO HEARING OFFICER AUTHORITIES AND DECISIONS", was presented. There was no one present for public comment. Motion b~Councilmember Davis ,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, O'Day, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmembers Holbrook, Shriver GROUND FLOOR 7-B: Second reading and adoption of Ordinance No. 2307 (CCS) GENERAL OFFICE U5E entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.08.16.020 TO AUTHORIZE THE RE-ESTABLISHMENT OF A GROUND FLOOR GENERAL OFFICE USE FOLLOWING A PROPERTY'S USE BY A CHARITABLE, YOUTH, OR WELFARE ORGANIZATION", was presented. There was no one present for public comment. 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, Davis, O'Day, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmembers Holbrook, Shriver February 23, 2010 USE OF MEDIAN STRIPS 7-C: Second reading and adoption of Ordinance No. 2308 (CCS) AND PARKWAYS entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE 4.20.010 RELATING TO THE USE OF MEDIAN PLANTING STRIPS AND PARKWAYS", was presented. There was no one present for public comment. Motion by Councilmember McKeown, 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: AYES: Councilmembers McKeown, Davis, O'Day, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmembers Holbrook, Shriver STAFF ADMIN ITEMS: 8-A: Commemoration of contributions of Former Mayor Herb Katz and environmentalist Dorothy Green -recommendation to commemorate Councilmember and former Mayor Herb Katz by naming the off-leash area of Joslyn Park, Herb Katz Dog Park; and commemorate environmentalist Dorothy Green by changing the name of Beach Park #1 to Dorothy Green Park, was presented. Members of the public Jerry Rubin, Joshua Green and Dana Katz spoke in support of the proposal. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, O'Day, Davis, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmembers Shriver, Holbrook COUNCILMEMBER 13-A: Appointment to one annual vacancy on the Measure V DISCUSSION ITEMS: Citizens Oversight Committee with a term ending on ANNUAL APPOINTMENTDecember 31, 2011. On order of the Mayor, the floor was opened for nominations. February 23, 2010 Councilmember McKeown nominated Tom Ford. There being no other nominations, Mr. Ford was appointed by acclamation, with Councilmembers Shriver and Holbrook absent. RESIGNATION 13-B: Recommendation to accept Lori Nafshun's resignation from the Recreation and Parks Commission and authorize the City Clerk to publish the vacancy, was presented Motion by Mayor Pro Tem O'Connor seconded by Councilmember Davis, to accept resignation. The motion was unanimously approved by voice vote with Councilmembers Holbrook and Shriver absent. ANNUAL APPOINTMENT 13-C: Appointment to one annual vacancy as the Santa Monica representafive to the Los Angeles County West Vector Control District Board of Trustees fora 2-year term ending on 12/31/2011 or a 4-year term ending on 12/31/2013. On order of the Mayor, the floor was opened for nominations. Mayor Pro Tem O'Connor nominated incumbent Nancy Greenstein fora 4-year term. There being no other nominations, Ms. Greenstein was appointed by acclamation, with Councilmembers Holbrook and Shriver absent. RECISION 13-D: Recommendation to rescind appointment of Richard Gerwitz to the annual vacancy on the Pier Restoration Corporation made on February 23, 2010, and consider new appointment for a term ending on November 10, 2013. Motion by Councilmember McKeown. seconded by Councilmember Bloom, to rescind appointment due to Mr. Gerwitz's withdrawal of his application. The motion was unanimously approved by voice vote, with Councilmembers Shriver and Holbrook absent. On order of the Mayor Pro Tem, appointment to the vacancy was continued to a future meeting. TWILIGHT DANCE 13-E: Request of Councilmember Bloom that: 1. The Council SERIES allocate $35,000 in Council Discretionary funds as a matching or challenge grant designed to leverage discretionary funds in order maximize their utility to save this summer's Twilight Dance Series on the Santa Monica Pier so that a minimum of 7 concerts can be 9 February 23, 2010 produced; 2. That staff be directed to work with the staff of the .- Pier Restoration Corporation to achieve this goal; and 3. That staff be directed to return to Council with analysis, recommendations and actions necessary for possible revenue neutral adjustments to assist in achieving this goal, was presented. Members of the public Jerry Rubin, Bruce Cameron, Kent Smith and Roger Genser spoke in support of the request. Motion by Councilmember Bloom, seconded by Mayor Pro Tem O'Connor, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, O'Day, Davis, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmembers Shriver, Holbrook PUBLIC COMMENT Members of the public Pro Se, Denise Barton, Daryl Bristol, Ellen Hannan and Mark Gold commented on various local issues. ADJOURNMENT: On order of the Mayor Pro Tem, the City Council meeting was adjourned at 10:48 p.m. in memory of Bob Biniak. --~ ATTES~ APPROVED: i ~j..- l~' ~/~ Maria Stewart Pam O'Connor City Clerk Mayor Pro Tem 10 February 23,2010