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m-120611CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 6, 2011 A special meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:33 p.m., on Tuesday, December 6, 2011, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Tern Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Pam O'Connor Councilmember Terry O'Day Councilmember Bobby Shriver Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE /PLEDGE On order of Mayor, the City Council convened at 5:33 p.m., with all members present. City Council Office Manager Sonia Ramos led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There being no one present for public comment, the City Council recessed at 5:34 p.m., to consider closed sessions and returned at 6:33 p.m., with all members present, to report the following: I -A: Conference with Rc Property: City Negotiator: Under Negotiation: Lessee of Record: al Property Negotiator 2525 Michigan Avenue Andy Agle, Dir., Housing & Economic Development Interest in Real Property Bergamot Station, LTD City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -13: Conference with Legal Counsel —Anticipated Litigation: Initiation of Litigation pursuant to Section 54956.9(c): Valentini v. Shinseki, USDC Case No: CV -11 -04846 —SJO (ACLU — VA lawsuit). December 6, 2011 City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -C: Conference with Legal Counsel —Existing Litigation: Harriet P. Epstein and Stanley H. Epstein v. City of Santa Monica; ACS State and Local Solutions Inc. and Sheri E. Ross, Los Angeles Superior Court Case Number BS 132415. City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -D: Conference with Legal Counsel —Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b) — 2 cases: Claim of Dunn and Robhana; Claim of NMS Properties. City Attorney Marsha Moutrie reported that this item was not heard. I -E: Conference with Legal Counsel— Anticipated Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9(c): 1 case. City Attorney Marsha Moutrie reported that this item was not heard. 1 -F: Conference with Legal Counsel - Anticipated Litigation: Initiation of Litigation pursuant to Section 54956.9(c): California Regional Water Quality Control Board, California Water Code Section 13267 Order- Former Douglas Aircraft Site, 2902 Exposition Blvd., Santa Monica, CA 91601 (Site ID 204431100) City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Joey Fullmer, Jerry Rubin, Zina Josephs, and Denise Barton commented on various Consent Calendar items. At the request of Councilmember Shriver, Item 3 -G was removed from the Consent Calendar. At the request of Councilmember McKeown, Items 3 -E and 3 -H were removed from the Consent Calendar. 2 December 6, 2011 Motion by Councilmember Holbrook, seconded by Councilmember O'Day, to approve the Consent Calendar, except Items 3 -G, 3 -E, and 3 -H, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None MINUTES 3 -A: The minutes of the November 8, 2011, City Council meeting were approved, as submitted. BBB UPHOLSTERY 3 -13: Upholstery services for transit vehicles — recommendation to award Bid No. 3061 to Ye Olde Upholstery Shoppe, in the amount of $363,000 for a three -year term, to provide upholstery services for the Big Blue Bus, was approved. TOWN SQUARE PARK— 3 -C: Statement of Official Action taken upholding Appea111APP- 1685 MAIN STREET 008 and approving Certificate of Appropriateness 11CA -005, allowing modifications to an approved design for the Town Square park project located at 1685 Main Street, was approved. PICO BRANCH LIBRARY 3 -1): Statement of Official Action approving Development Review Permit 11DR -002, Conditional Use Permit 11CUP -007, and Parking Variance 11VAR -011 to allow a new 8,630 square foot branch library (Pico Branch Library) located at Virginia Avenue Park, was approved. CIVIC CENTER 3 -E: Rejection of bids for Civic Center Parking Structure Lighting PARKING STRUCTURE Project — recommendation to authorize the City Manager to: reject all bids received for energy efficient lighting services for the Civic Center Parking Structure; and, direct staff to reissue a request for bids in order to obtain the best and most responsive bidder for this project, was approved. AIRPORT VISIONING 3 -E: Santa Monica Airport Visioning Process — recommendation to authorize the City Manager to negotiate and execute Contract No. 9513 (CCS) with Moore Iacofano Goltsman, in the amount of $148,280, to design, facilitate and manage Phase II of the Visioning process and to train staff on the facilitation process, was presented. Councilmember McKeown advised he removed this item from the Consent Calendar to modify the recommendation to give the Airport Commission an opportunity to review and comment on the guidance document and the instructions. December 6, 2011 Motion by Councilmember McKeown, seconded by Mayor Bloom, to approve the recommendation, amended to provide the Airport Commission an opportunity to review and comment on the guidance document and instructions. Discussion ensued as to the intent and the effects of approving the motion as amended. After considerable discussion, Mayor Bloom withdrew his second. Main motion by Councilmember O'Connor, seconded by Mayor Pro Tern Davis, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None EMPLOYER -PAID 3 -G: Resolution No. 10639 (CCS) entitled "A RESOLUTION OF THE CONTRIBUTIONS CITY COUNCIL OF THE CITY OF SANTA MONICA FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS," correcting an error related to the payment and reporting the value of employer -paid member contributions, was presented. Councilmember Shriver advised he removed this item from the Consent to ask clarifying questions. Staff responded to questions from Councilmember Shriver. Main motion by Councilmember Shriver, seconded by Councilmember O'Connor, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: None INTERIM PIER 3 -H: Pier Board Member qualifications and criteria— RESTORATION BOARD recommendation to approve criteria for the appointment of directors to the interim board of the successor organization to the Pier Restoration Corporation (PRC); authorize the City Clerk to publish the vacancies on the new board, with nominations to close on January 17, 2012; and direct staff and existing PRE Board and staff to recommend the necessary legislative changes to dissolve the existing PRE Board by February 15, 2012, in order to coincide with Council's appointment of members to the interim board, was presented. 4 December 6, 2011 Councilmember McKeown advised he removed this item from the Consent Calendar to ask clarifying questions. Staff responded to questions from Councilmember McKeown. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to approve the recommendation, amending to direct staff that on Council's behalf, ask the current Board that no long -term commitments be made and maximum flexibility for the new Pier Board be retained. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: None STUDY SESSION: 4 -A: Tsunami Response Plan — recommendation to review and TSUNAMI RESPONSE comment on the Tsunami Response Plan and direct staff to proceed with PLAN the implementation of the Plan, was presented. Members of the public Reina Alvarez and Michael Toney commented on the recommendation. Motion by Councilmember O'Connor, seconded by Mayor Pro Tem Davis, to receive and file the information. The motion was unanimously approved by voice vote, with all members present. CONTINUED ITEMS: 5 -A: Request of Councilmember McKeown that the Council direct VILLAGE TRAILER staff to explore means whereby the City can best protect the safety of PARK Village Trailer Park residents and of the existing affordable housing, and assure that all of the City's own options with respect to various ongoing processes are preserved; and related Information Report, was presented. Members of the public Jack Waddington, David Latham, Nancy Morris, Cosmo Bua, James White, Brenda Barnes, Greg Heacock, Rosario Perry, Joanne Curtis, Zina Josephs, Michael Toney, Ellen Hannan, Maria Loya, Michael Tarbet, Catherine Eldridge, Oscar De La Torre, Ellen Brennan, Mark Sondragen in support of the request. Mark Luzatto, owner of the subject property, spoke to the efforts having been taken so far, and those planned, to assist residents in the transition. Considerable discussion ensued on the options available to the City to enable the tenants to stay in their current housing, including acquisition of the property. December 6, 2011 Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to direct staff to explore all means of protecting the Village Trailer Park and its residents, including acquisition. Considerable discussion ensued on the potential price to purchase the property, the City's policy and practice on the subject matter, the state of the economy and the budget, and the current state of the project planned for the site. Substitute motion by Councilmember Shriver, seconded by Councilmember O'Day, to only study the appraisal value and the valuations at which the property might be able to be purchased, and to bring back the item at the first council meeting in January. The motion failed by the following vote: AYES: Councilmembers O'Day, Sbriver, Mayor Bloom NOES: Councilmembers McKeown, O'Connor, Mayor Pro Tem Davis ABSTAIN: Councilmember Holbrook ABSENT: None The earlier main motion failed by the following vote: AYES: Councilmembers McKeown, Mayor Pro Tem Davis NOES: Councilmembers O'Day, Holbrook, O'Connor, Shriver Mayor Bloom ABSENT: None Motion by Councilmember Shriver, seconded by Mayor Bloom, to raise the question, during negotiation discussions with the landowner, of whether they would like to sell at some price. The motion was approved by the following vote: AYES: Councilmembers O'Day, Holbrook, Shriver, Mayor Bloom NOES: Councilmembers McKeown, O'Connor, Mayor Pro Tem Davis Mayor Bloom and ABSENT: None Councilmember O'Day were excused at 9:06p.m. Councilmember McKeown stated for the record that his "no" vote reflects his intention to look at how the city might purchase the property, and the other motion(s) looked for reasons why not to consider buying the property. Mayor Bloom left the dais for the remainder of the meeting and Mayor Pro Tem Davis assumed the Chair. On order of the Mayor Pro Tem, Item 7 -A is to be heard concurrently with this item, 6 -A. 6 December 6, 2011 ADMIN. ITEMS: 6 -A: Appeal 11 -009 of a Planning Commission technical denial, and ELECTRIC VEHICLE introduction and first reading of an ordinance, to authorize electric SALES vehicle sales on the Third Street Promenade - recommendation to uphold the appeal of a Planning Commission technical denial; and, introduction and first reading of an ordinance amending the Zoning Ordinance to allow all - electric vehicle showrooms in the BSCI District on the Third Street Promenade, subject to approval of a Performance Standards Permit, was presented. ORDINANCES: 7 -A: Introduction and first reading of an ordinance amending the ELECTRIC VEHICLE Zoning Ordinance to allow all- electric vehicle showrooms in the BSCI SALES District on the Third Street Promenade, subject to approval of a Performance Standards Permit, was presented. Councilmember Holbrook, as the appellant, spoke in support of the appeal. Members of the public Denise Barton, Jerry Rubin, Zack Maul, Nicholas Cardiell, and Jennifer Medina commented on various aspects of the proposed ordinance. City Attorney Marsha Moutrie clarified that this is not a quasi-judicial matter, but a legislative one. She added that in this type of hearing, the City Councilmember who is the appellant may participate in the deliberations and there is no provision for a rebuttal in this type of hearing. Motion by Councilmember Shriver, seconded Councilmember O'Connor, to uphold the appeal. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, Mayor Pro Tern Davis NOES: Councilmember McKeown ABSENT: Councilmember O'Day, Mayor Bloom Motion by Councilmember O'Connor, seconded Councilmember Shriver, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, O'Connor, Shriver, Mayor Pro Tern Davis NOES: Councilmember McKeown ABSENT: Councilmember O'Day, Mayor Bloom 7 December 6, 2011 Councilmember McKeown stated for the record that his `no' vote reflects that, while he supports and encourages the sale of electric cars in Santa Monica, he feels locating automobile dealerships on the Promenade will displace and discourage the locally- oriented, resident - serving businesses that we should be encouraging. TENANT PROTECTIONS 7 -B: Introduction and first reading or an ordinance amending Chapters 4.36 and 4.56 of the Municipal Code to increase permanent relocation benefits; change eligibility requirements for relocation enhancements; extend tenant harassment protections to all tenants covered by just cause eviction rules; and correct certain code section references, was presented. Member of the public Michael Tarbet spoke in favor of the recommendation. Motion by Councilmember McKeown, seconded Councilmember O'Connor, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, McKeown Mayor Pro Tern Davis NOES: None ABSENT: Councilmember O'Day, Mayor Bloom COMMUNITY EVENTS 7 -C: Introduction and first reading of an ordinance amending Sections 4.68.040, 4.68.060, and 4.68.070 of the Municipal Code (Community Events Ordinance) to establish a permit requirement for activities or events of 75 or more persons on the City's Third Street Promenade and to authorize Downtown Santa Monica, Inc., to issue community event permits for events less than 150 persons, was withdrawn at request of staff. STAFF ITEMS: 8 -A: Refuse truck advertising program expansion — recommendation REFUSE TRUCKS to approve expanding the refuse truck advertising program to permit 50% of the advertising panels to outside marketers and use the remaining portion to promote Resource Recovery and Recycling, and Office of Sustainability and the Environment Programs, was presented. There was no one present for public comment. Motion by Councilmember Shriver, seconded Councilmember Holbrook, to approve the recommendation. The motion was approved by the following vote: December 6, 2011 AYES: Councilmembers McKeown, Holbrook, O'Connor, Shriver, Mayor Pro Tern Davis NOES: None ABSENT: Councilmember O'Day, Mayor Bloom RESOURCE RECOVERY 8 -B: Resource Recovery Center Update — recommendation to review CENTER and comment on proposal to cancel the design and construction of a Recovery Center and self -haul facility at the City Yards; authorize the City Manager to cancel the agreement with J.R. Miller and Associates for the design of the Center; and, direct staff to develop a new material processing plan in conjunction with Southern California Disposal and Allan Company, was presented. Members of the public Jason Young, Nenad Trifunovic, Adam Holt, and Michael Toney commented on the recommendation. Motion by Councilmember O'Connor, seconded Councilmember McKeown, to approve the recommendation, taking into consideration Council's comments during the discussion. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Connor, Holbrook, McKeown, Mayor Pro Tem Davis NOES: None ABSENT: Councilmember O'Day, Mayor Bloom COUNCIL ITEMS: 13 -A: Appointment to one unscheduled vacancy on the Arts ARTS COMMISSION Commission for a term ending on June 30, 2012, was continued to a future meeting. ARTS COMMISSION 13 -13: Appointment to one unscheduled vacancy on the Arts Commission for a term ending on June 30, 2012, was continued to a future meeting. PLANNING 13 -C: Appointment to one unscheduled vacancy on the Planning COMMISSION Commission for a term ending on June 30, 2013, was continued to a future meeting. RECREATION AND 13 -D: Appointment to two unscheduled vacancies on the Recreation PARKS COMMISSION and Parks Commission for a terms ending on June 30, 2012 and June 30, 2014, was continued to a future meeting. ARCHITECTURAL 13 -E: Recommendation to accept Michael Folonis' resignation from REVIEW BOARD the Architectural Review Board and authorize the City Clerk to publish the vacancy, was presented. December 6, 2011 Motion by Councilmember O'Connor, seconded Mayor Pro Tem Davis, to approve the recommendation. The motion was approved by unanimous voice vote, with Mayor Bloom and Councilmember O'Day absent. ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting was adjourned at 10:07 p.m. ATTEST- O Maria M. Stewart a. Richard Bloom City Clerk Mayor q 4 Gleam Davis Mayor Pro Tem 10 December 6, 2011