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M-032310CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 23, 2010 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor at 5:50 p.m., on Tuesday, Mazch 23, 2010, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tem Pam O'Connor Councilmember Richazd Bloom (arrived at 6:25 p.m) Councilmember Gleam Davis Councilmember Kevin McKeown Councilmember Terry O'Day Councilmember Bobby Shriver Absent: Councilmember Robert T. Holbrook 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 5:50 p.m, with Councilmembers Holbrook and Bloom absent. Councilmember Shriver led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: There being a Consent Calendar for each the City Council, the Redevelopment Agency, and the Housing Authority, on order of the Mayor Pro Tem and with the consensus of Councilmembers, the three Consent Calendazs were to be heard concurrently. Member of the public Kevin Kozal spoke in opposition to Item 1-C; members of the public Michael Toney, Jerry Rubin, Joey Fullmer, Lorenzo Gordon, and Heidi Gordon commented on various Consent Calendar items. Agency/Commissioner/Councilmember Davis requested to remove Item 1-C from the Consent Calendar. March 23, 2010 Motion by Agency/Commissioner/Councilmember McKeown, seconded by Aeencv/Commissioner/Councilmember O'Day, to approve all items on the Consent Calendar as presented except 1-C, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Agency/Commissioner/Councilmembers McKeown, Shriver, Davis, O'Day, Chair Pro Tem/Mayor Pro Tem O'Connor NOES: None ABSENT: Agency/Commissioner/Councilmembers Holbrook, Bloom MINUTES 1-A: The minutes of the March 9, 2010, City Council meeting were approved as submitted. SPECIALTY SPORTS 1-B: Agreements with Surf Academy, Inc., and Socceropolis for AND CAMP CLASSES Specialty Camps and Classes -recommendation to authorize the City Manager to negotiate and execute Agreement No. 9186 (CCS) with Surf Academy, in the amount of $220,000 for FY 2010-11, with renewal options; and Agreement No. 9187 (CCS) with Socceropolis, in the amount of $220,000 for Fiscal Year 2010-11, with renewal options, was approved. JOINT MEETING WITH 1-D: Parking Structure 2 Seismic Retrofit -recommendation that REDEVELOPMENT the City Council authorize the City Manager to negotiate and execute AGENCY: Contract No. 9188 (CCS) with ICON West, in the amount of PARKING STRUCTURE 2 $1,726,667, for the retrofit project; and, a construction management Agreement No. 9189 (CCS) with Beezley Management, in the amount of $175,000. And, recommendation that the Redevelopment Agency and the City Council authorize the City Manager/Executive Director to execute respective Agreement No. 9190 (CCS/RAS) for associated costs of the project; and adopt Resolution No. 10464 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONSENTING TO THE USE OF REDEVELOPMENT AGENCY FUNDS FOR THE SEISMIC RETROFIT AND OTHER IMPROVEMENTS TO PARKING STRUCTURE TWO AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445" and Resolution No. 520 (RAS) entitled "RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA CONSENTING TO THE USE OF REDEVELOPMENT AGENCY FUNDS FOR THE SEISMIC RETROFIT AND OTHER March 23, 2010 IMPROVEMENTS TO PARKING STRUCTURE TWO AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445", was approved. JOINT MEETING WITH 1-E: Housing Authority Draft Administrative Plan - HOUSING AUTHORITY: recommendation that the Housing Authority approve all proposed ADMINISTRATIVE PLAN revisions to the Draft Administrative Plan and adopt the Plan, was approved. ADJOURNMENT OF On order of the Mayor Pro Tem, the special joint meeting with the SPECIAL MEETING Redevelopment Agency and the Housing Authority was adjourned at 6:03 p.m., and the regular City Council meeting was reconvened with Councilmembers Bloom and Holbrook absent. 1519 WILSHIRE BLVD. 1-C: Approval of Statement of Official Action denying Appeal 09-012 of Planning Commission's approval of Conditional Use Permit 08-015 and Variance 08-021 for The Parlor restaurant at 1519 Wilshire Boulevard, was presented. Councilmember Davis advised she removed this item from the Consent Calendar to ask staff to respond to comments from members of the public related to parking requirement issues. Staff clarified the parking standards and requirements and replied to questions from Councilmembers. Senior Land Use Attorney Barry Rosenbaum suggested adding to Condition 29, last paragraph, clarifying language as follows: "... if additional off--site parking spaces are provided at a ratio of 1 parking space per four seats." Mr. Rosenbaum also suggested adding to Condition 33 of the Statement of Official Action the clarifying phrase "which rights are not severable," to eliminate ambiguity. Motion by Councilmember Davis. seconded by Mavor Pro Tem O'Connor, to approve the recommendation amended to reflect Mr Rosenbaum's suggested language clarifying the parking space requirement and the addition to Condition 33. The motion was approved by the following vote: Mr. Rosenbaum commented on the need to approve the action that Council took at the previous meeting March 23, 2010 AYES: Councilmembers McKeown, Davis, O'Day Mayor Pro Tem O'Connor NOES: None ABSTAIN: Councilmember Shriver ABSENT: Councilmembers Holbrook, Bloom CLOSED SESSIONS: Members of the public Stanley Epstein, Cindy Hammer, Jerry Rubin, Naomi Shaver, and Jesse Bernstein commented on various Closed Session Items. On order of the Mayor Pro Tem, the City Council recessed at 6:21 Councilmember Bloom p.m., to consider closed sessions and reconvened at 7:45 p.m., with arrived at 6:25 p. m. Councilmember Holbrook absent, to report the following action taken: 2-A: Conference with Real Property Negotiators Property: 3221 Donald Douglas Loop South City Negotiator: Under Negotiation: Owner of Record: Bob Trimborn, Airport Manager Terms of Lease Brian Vidor The City Attorney reported this matter was heard and there was no reportable action taken. 2-B: Conference with Real Property Negotiators Property: 401 Ocean Avenue City Negotiator: Andy Agle, Director of Housing and Economic Development Under Negotiation: Terms of Purchase Owner of Record: Charles Morris The City Attorney reported this matter was heard and there was no reportable action taken. 2-C: Conference with Legal Counsel -Existing Litigation: Chubna et al. v. Citv of Santa Monica USDC Case No. CV09-5046 CBM (Ex). The City Attorney reported this matter was heard and there was no reportable action taken. March 23, 2010 2-D: Conference with Legal Counsel -Existing Litigation: Flaxman v. City of Santa Monica, Los Angeles Superior Court Case No. SC 101242 Motion by Councilmember McKeown, seconded by Councihnember Davis, to approve Settlement No. 9191 (CCS) in the amount of $35,000. The motion was approved by the following vote: AYES: Councilmembers Bloom, O'Day, Davis, Shriver, McKeown, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmembers Holbrook 2-E: Conference with Legal Counsel -Existing Litigation: Caldwell v. City of Santa Monica, United States District Court Case No. CV 08-07551 CJC (PJ~ Motion by Councilmember McKeown. seconded by Councilmember Davis, to approve Settlement No. 9192 (CCS) in the amount of $42,500. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, O'Day, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmembers Holbrook 2-F: Conference with Real Property Negotiator Property: 2525 Michigan Avenue City Negotiator: Andy Agle, Dir., Housing & Economic Dev. Under Negotiation: Interest in Real Property Lessee of Record: Bergamot Station, LTD The City Attorney reported this matter was heard and there was no reportable action taken. 2-G: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (c): two cases. The City Attorney reported this matter was heard and there was no reportable action taken. March 23, 2010 2-H: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (c): 1044 4th Street. The City Attorney reported this matter was heard and there was no reportable action taken. 2-I: 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 the 2510 7"' Street item was heard and there was no reportable action taken. STUDY SESSION: 3-A: Update on the 2010 Los Angeles Marathon, was presented LA MARATHON by staff. Kathleen Rawson, Alison Best, and Ben Franz-Knight commented on various aspects of the marathon. On order of the Mayor Pro Tem, the information was received and filed. SPECIAL ITEMS: 4-A: Mayor Pro Tem Pam O'Connor was presented an award by Denny Zane, of Move L.A., for her leadership as an L.A. County Metro Board Member. ORDINANCES: 7-A: Introduction and first reading of an ordinance of the City TAX CHALLENGE of Santa Monica amending Section 6.16.010 of the Municipal Code PROCEDURES relating to challenges to taxes assessed by the City, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Councilmember Davis, 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 McKeown, Shriver, Davis, O'Day, Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmembers Holbrook 6 March 23, 2010 STAFF ITEMS: 8-A: The Broad Foundations' Proposed Museum in Civic BROAD MUSEUM Center -recommendation to approve agreements-in-principle regarding the lease of Civic Center property for The Broad Foundations' proposed art museum project and authorize the City Manager to negotiate and execute an agreement providing for the Foundations to reimburse any City expenditures in the event the Foundations choose to locate the museum outside Santa Monica, was presented. Michael Toney, Jerry Rubin, Miranda Carroll, Asuka Hisa, Hara Beck, Sonya Fox Sultan, Brian H., Walter Meyer, and Ben Handwerker spoke in support of the recommendation and on various aspects of the proposed museum. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, O'Day, Davis, McKeown, Mayor Pro Tem O'Connor, NOES: Councilmember Shriver ABSENT: Councilmembers Holbrook CAROUSEL FARE 8-B: Carousel Fare Adjustment and 2010 Twilight Dance Series -recommendation to adopt Resolution No. 10462 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING THE PUBLIC RIDE FEE FOR THE SANTA MONICA PIER CAROUSEL", was presented. Valerie Griffin, Zina Josephs, and Michael Toney spoke against the proposed faze adjustment. Jerry Rubin, Ben Franz-Knight, and Roger Genser spoke in favor of the proposed fare adjustment. Motion by Councilmember Bloom, seconded by Councilmember Davis, to approve the recommendation, amended to direct staff to return in one year with a status report and to make recommendations on possible adjustments to the fees. Motion by Councilmember Shriver, to approve recommendation amending it to provide free rides for 5-year olds and under, and that 100% of the additional revenue be allocated to maintenance of the Carousel and not to the Twilight Dance Series. The motion failed for lack of a second. Mazch 23, 2010 The main motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Bloom, Mayor Pro Tem O'Connor NOES: Councilmembers Shriver, O'Day ABSENT: Councilmember Holbrook PUBLIC HEARINGS: 9-A: Public Hearing and Adoption of Big Blue Bus Fare BBB FARE ADJITSTMENTAdjustments -recommendation to hold a public hearing, receive public comment and approve proposed bus fare adjustments to BBB faze effective July 4, 2010; and authorize the City Manager to negotiate and execute an agreement with the Los Angeles County Metropolitan Transportation Authority to participate in the Rider Relief Transportation Program. On order of the Mayor Pro Tem, and at the request of staff, this matter was continued to a future meeting. CONTINUING PAST Motion by Mayor Pro Tem O'Connor, seconded by Councilmember 11:00 P.M. Davis, to continue with the remaining agenda items. The motion was approved by voice vote, with Councilmember Shriver opposed and Councilmember Holbrook absent. COUNCILMEMBER 13-A: Annual appointment to one position on the Pier DISCUSSION ITEMS: Restoration Corporation for a term ending on November 10, 2013 ANNUAL APPOINTMENT On order of the Mayor Pro Tem, this matter was continued to a future meeting. MEASURE A 13-B: Request of Councilmember Davis that the Council adopt Resolution No. 10463 (CCS) entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING THE SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT'S PROPOSED QUALITY PUBLIC SCHOOLS PRESERVATION ACT", was presented. Members of the public Sonya Fox Sultan, Barry Snell, Shari Davis, Rebecca Kennerly, Cynthia Torres, and Ben Allen spoke in support of the recommendation. Motion by Councilmember Davis, seconded by Mayor Pro Tem O'Connor, to approve the recommendation. The motion was approved by the following vote: March 23, 2010 AYES: Councilmembers McKeown, Shriver, Davis, O'Day Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmember Holbrook SOLAR SANTA MONICA 13-C: Request of Councilmember McKeown to direct staff to investigate ways to continue the highly successful Solar Santa Monica program past this fiscal year, with the goal of making the program self-funding, in keeping with the City's greenhouse gas and other sustainability goals, pursuant to a recommendation from the Task Force on the Environment, was presented. Members of the public Brian Hutchings, Andrew Apter, Virginia Hyatt, Angie Brooks, and Woodrow Clark commented on various aspects of the recommendation. Motion by Councilmember Davis, seconded by Mayor Pro Tem O'Connor, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, Davis, O'Day Bloom, Mayor Pro Tem O'Connor NOES: None ABSENT: Councilmember Holbrook PAPARAZZI 13-D: Request of Councilmember Bloom that the City Council ORDINANCE direct the City Attorney to return with an ordinance restricting photographers and videographers from blocking or otherwise creating dangerous and/or intrusive conditions at pre-school entrance and exit areas in order to protect the safety and privacy of children entering or exiting said facilities. On order of the Mayor Pro Tem, this matter was continued to a future meeting. LITIGATION 13-E: Request of Councilmember Bloom that the City Council REIMBURSEMENT oppose that certain pending budget proposal from the Attorney General that would require its clients to identify in advance of each budget cycle the amount it proposes to reimburse the Attorney General for litigation. If adopted, said proposal would adversely affect the California Coastal Commission, the State Lands Commission, the Bay Conservation and Development Commission, and other regulatory agencies where the advance March 23, 2010 identification of litigation costs would hamper enforcement and defense of important environmental and other statutes. All of these agencies support programs that are of great importance to and integral to the quality of life of the residents of Santa Monica, our business community and visitors. Please see the accompanying letter from Sarah Christie, the Legislative Director of the California Coastal Commission, for further information, was presented. Motion by Councilmember Bloom, seconded by Mayor Pro Tem O'Connor, to approve the item. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 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 11:42 p.m. in memory of Sid Fleischman and Sarah McInnis Richards. ATTEST: APPROVED: ~~~_~ ..9 Maria Stewart i Pam O'Connor City Clerk Mayor Pro Tem 10 March 23, 2010