Minutes - November 13, 2007 - City of Santa Monica

NOES: None

ABSENT: Councilmember Shriver

MINUTES

1-A: The minutes of the October 9, October 13, and October 23, 2007, City Council meetings were approved as submitted.

CAROUSEL AND DECK BOOKINGS

1-B: Santa Monica Carousel and Carousel Deck event booking and promotion - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8333 (CCS) with the Pier Restoration Corporation, to promote, book, and supervise special events and filming at both locations, was approved.

CULVER CITY EMERGENCY SHELTER

1-C: Housing Trust Fund Loan for Regional Emergency Shelter in Culver City for Families with Children - recommendation to approve a housing trust fund Loan Agreement No. 8853 (CCS) to Upward Bound House, in the amount of $400,000, for the acquisition of a 20-unit motel at 12841 West Washington Boulevard in Culver City for use as a regional emergency shelter for homeless families with children; and authorize the City Manager to execute all documents necessary to provide this funding, was approved.

BBB A/C SYSTEM

1-D: BBB Air Conditioning Systems repair - recommendation to award Bid no. 2934 to Bus Systems Unlimited, in the amount of $425,000, to provide on-site repair services to the buses' air conditioning systems, was approved.

EAST COLORADO IMPROVEMENT PROJECT

1-F: East Colorado Avenue Improvement Project - recommendation to authorize the City Manger to negotiate and execute Contract No. 8855 (CCS) with Genesis Development, in the amount of $941,360, for construction of the project, was approved.

BEACH RESTROOM DESIGN

1-G: Design of beach public restroom facility replacement project - recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 8856 (CCS) with Roesling Nakamura Terada Architects, in the amount of $263,196, for design services for the project, was approved.

MTA MOU

1-H: Resolution No. 10255 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF UNDER-STANDING WITH MANAGEMENT TEAM ASSOCIATES,” was adopted.

GEORGINA STREET LIGHTING DISTRICT

1-E: Georgina Avenue Street Lighting Assessment Project - recommendation to authorize the City Manager to negotiate and execute Contract No. 8854 (CCS) with Freeway Electric, in the amount of $126,500, for the project, was presented.

Councilmember McKeown advised he removed this item from the Consent Calendar to inquire as to whether the street lamps were designed to prevent “light pollution” and that the light would be directed downward and not into the night sky. Staff responded that the lamps were so designed.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve recommendation. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Genser, O’Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom

NOES: None

ABSENT: Councilmember Shriver

CLOSED SESSIONS:

Councilmember Shriver arrived at 6:30 p.m.

Member of the public Pro Se commented on Item 2-A.

On order of the Mayor, the City Council recessed at 6:13 p.m., to consider closed sessions and returned at 7:30 p.m., with all members present, to report the following:

2-A: Public Employee Evaluations.

Title of Employees: City Attorney, City Manager

ACTION: Heard. No reportable action taken.

2-B: Conference with Real Property Negotiator

Property: 2640 Main Street, Santa Monica

City Negotiator: Andy Agle, Dir., Housing and Economic Development

Under Negotiation: Modification of Lease Terms

Owner/Lessee of Record: City of Santa Monica/Ocean Park Restaurant Association

ACTION: Heard. No reportable action taken.

2-C: Conference with Legal Counsel – Existing Litigation: City of Santa Monica v. City of Los Angeles (Playa Capital Company), California Court of Appeal Case No. B18960.

ACTION: Not Heard.

2-D: Conference with Legal Counsel – Existing Litigation: Treesavers et al v. City of Santa Monica, Los Angeles Superior Court Case No. BS 111346.

ACTION: Not Heard.

2-E: Conference with Legal Council - Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): one dispute involving real property at 2219 Ocean Avenue.

ACTION: Heard. No reportable action taken.

2-F: Conference with Legal Council – Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1): dispute involving fluoridation of water.

ACTION: Not Heard.

ORDINANCES

NON-COMMERCIAL BANNERS

7-A: Second reading and adoption of Ordinance No. 2243 (CCS) entitled: “AN ORDINANCE AMENDING CHAPTER 4 OF THE MUNICIPAL CODE TO CLARIFY THE CITY'S AUTHORITY TO HANG NON-COMMERCIAL BANNERS FROM STREET-LIGHT POLES IN ADDITION TO OVER-THE-STREET BANNERS, FOR THE PURPOSE OF PROMOTING CITY-PRODUCED OR CO-PRODUCED EVENTS OR MORE GENERALLY FOR PROMOTING OR CALLING ATTENTION TO THE CITY, ITS RESOURCES, BUSINESSES DISTRICTS, ATTRACTIONS, AND TO CELEBRATE HOLIDAYS AND TO AUTHORIZE THE CITY MANAGER TO APPROVE ADMINISTRATIVE GUIDELINES,” was presented.

Motion by Mayor Pro Tem Katz, seconded by Councilmember O’Connor, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Shriver, Genser, O’Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom

NOES: None

ABSENT: None

BUILDING STANDARDS CODE

7-B: Adoption of Resolution No. 10256 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA MAKING FINDINGS OF LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAPHICAL CONDITIONS PURSUANT TO THE HEALTH AND SAFETY CODE”; and introduction and first reading of an ordinance adopting the California Building Standards Code and the Santa Monica Amendments to the California Building Standards Code, was presented.

There was no one present for public comment.

Sr. Land Use Attorney Barry Rosenbaum stated for the record that Section 8.40.020 of the proposed ordinance was being amended for clarification only with no substantive changes; Subsection (a)(1) of Section 8.44.050 is amended to delete “area separation walls” and add “fire walls”; and , Subsections (b)(2) and (b)(4) on page 99 of the ordinance will be deleted.

Motion by Mayor Pro Tem Katz, 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 McKeown, O’Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Katz, Mayor Bloom

NOES: None

ABSENT: None

Motion by Mayor Pro Tem Katz, seconded by Councilmember Holbrook, to introduce the ordinance for first reading as amended by Mr. Rosenbaum, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers McKeown, O’Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Katz, Mayor Bloom

NOES: None

ABSENT: None

GAS SHUT OFF DEVICES

7-C: Resolution No. 10257 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA MAKING FINDINGS OF LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAPHICAL CONDITIONS PURSUANT TO THE HEALTH AND SAFETY CODE”; and introduction and first reading of an ordinance adding Section 8.32.070 to the Municipal Code requiring installation of approved gas shutoff devices in buildings, structures and mobilehome parks prior to sale or exchange, when newly constructed or when the cost of additions or alterations exceeds $10,000, was presented.

Members of the public Joe Fullmer, Tony Vasquez, Tod Minato, and Fabian Padilla discussed various aspects of the ordinance.

Motion by Mayor Pro Tem Katz, seconded by Councilmember Genser, to adopt the resolution, reading by title only, and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers McKeown, O’Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Katz, Mayor Bloom

NOES: None

ABSENT: None

Motion by Councilmember O’Connor, seconded by Mayor Pro Tem Katz, 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 McKeown, O’Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Katz, Mayor Bloom

NOES: None

ABSENT: None

TIME-LIMITED PARKING ZONES

7-D: Introduction and first reading of an ordinance creating Section 3.12.845 of the Municipal Code to require the removal of vehicles from time-limited parking zones within the posted time limits.

On order of the Mayor, and at the request of staff, this matter was withdrawn.

STAFF ITEMS:

SPECIAL JOINT MTG.

On order of the Mayor, the City Council recessed at 8:03 p.m., to convene a joint meeting with the Housing Authority the Parking Authority and the Redevelopment Agency, with all members present.

MINUTES

8-A: The minutes of various meetings of the Housing Authority, the Parking Authority, and the Redevelopment Agency were presented.

Motion by Authority/Agency Member Genser, seconded by Authority/Agency Member O’Connor, to approve the minutes as submitted. The motion was unanimously approved by voice vote, with all members present.

YEAR-END APPROPRIA-TIONS, BUDGET ADJUSTMENTS, CIP PROGRAM

8-B: FY 2006-07 Year-end appropriations and budget adjustments, transmittal of Capital Improvement Program, and Year-End Departmental Performance Review Status Report - recommendation that the City Council authorize the City Manager to make budget expenditure adjustments between departments and major account groups within funds; and that the City Council, Housing Authority, Redevelopment Agency and Parking Authority approve proposed year-end budget appropriations to departments, was presented.

Member of the public Joey Fullmer discussed budget issues.

Motion by Councilmember O’Connor, seconded by Mayor Pro Tem Katz, to authorize the City Manager to make budget expenditure adjustments between departments and major account groups within funds. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Shriver, Genser, O’Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom

NOES: None

ABSENT: None

Motion by Agency/Authority/Councilmember McKeown, seconded by Agency/Authority/Councilmember Holbrook, that the City Council, Housing Authority, Redevelopment Agency and Parking Authority approve proposed year-end budget appropriations to departments. The motion was approved by the following vote:

AYES: Agency/Authority/Councilmembers Holbrook, Shriver, Genser, O’Connor, McKeown, Chair Pro Tem/Vice Chair/ Mayor Pro Tem Katz, Chair/Mayor Bloom

NOES: None

ABSENT: None

BUDGET AND PERSONNEL CHANGES

8-C: FY 2007-08 Budget and Personnel Changes; Resolution establishing various new classifications and salary rates - recommendation that Council and the Redevelopment Agency approve the proposed budget changes; and that the City Council approve the proposed personnel changes, adopt Resolution No. 10258 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA REVISING SALARIES FOR VARIOUS POSITIONS,” and authorize the City Manager to enter into Grant Fund Agreement No. 8857 (CCS) with and accept funds from the Los Angeles Homeless Services Authority, was presented.

There was no one present for public comment.

Motion by Agency/Councilmember McKeown, seconded by Agency/Councilmember Genser, that the City Council and the Redevelopment Agency approve the proposed budget changes. The motion was approved by the following vote:

AYES: Agency/Councilmembers Holbrook, Shriver, Genser, O’Connor, McKeown, Chair Pro Tem/Mayor Pro Tem Katz, Chair/Mayor Bloom

NOES: None

ABSENT: None

Motion by Councilmember Holbrook, seconded by Councilmember O’Connor, to adopt resolution and authorize the City Manager to enter into a grant fund agreement. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Shriver, Genser, O’Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom

NOES: None

ABSENT: None

ADJOURNMENT OF SPECIAL JOINT MEETING

On order of the Mayor, the special joint meeting was adjourned at 8:13 p.m., and the regular City Council meeting reconvened, with all members present.

PARKING STRUCTURE 3 DEVELOPMENT

8-D: Request for proposals to redevelop subterranean parking, ground floor retail, and cinema on site of Parking Structure 3 - recommendation to authorize the solicitation of proposals to redevelop the site of Parking Structure 3, at 1318-20 4th Street, for subterranean parking, ground floor retain, and cinema development, was presented.

Members of the public Joe Natoli and Jerry Rubin discussed various aspects of the proposal.

Motion by Councilmember Genser, seconded by Mayor Pro Tem Katz, to approve recommendation. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Shriver, Genser, O’Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom

NOES: None

ABSENT: None

CITY HALL ELEVATOR, ELECTRICAL ROOM

8-E: Exterior elevator and electric room addition to City Hall - recommendation to approve the location and design of the addition of an exterior elevator, an exterior electric room, and creation of a new entry into the vacant jail in City Hall; and, authorize the City Manager to negotiate and execute a third amendment to Contract No. 8529 (CCS) with Black and Veatch, in the amount of $591,512, for additional architectural services for the seismic retrofit of City Hall.

There was no one present for public comment.

Discussion ensued on related issues including but not limited to the process followed for this project, the service available to staff and members of the public by the proposed elevator, the impact of the project on future space planning, and on the project’s Americans with Disabilities Act compliance.

After considerable discussion staff was directed to consider the issues discussed and to consider the development of a City Hall master plan, and then return to Council with options.

LUCE - PLANNING PRINCIPLES FOR INDUSTRIAL AREAS, ETC.

8-F: Planning principles for the industrial areas and transportation strategies in the Land Use and Circulation Element Update process - recommendation to endorse the proposed "Industrial Lands Principles"; comment on the concepts presented at the first Transportation Workshop and endorse general approach for development of Principles for the next transportation workshop, was presented.

The following members of the public discussed the proposed principles and provided suggestions and ideas and expressed concerns: Joe Natoli, Jerry Rubin, Chris Harding, Catherine Eldridge, Scott Konnath, Zina Josephs, Margaret Back, Susan Hartley, Jack Walter, Mihai Petel, and Jan Williamson.

Motion by Mayor Pro Tem Katz, seconded by Councilmember Genser, to approve recommendation. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Shriver, Genser, O’Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom

NOES: None

ABSENT: None

WRITTEN REQUESTS:

IZZY’S DELI

Councilmember Shriver was excused at 11:04 p.m.

12-A: Request of Nathan Crowe that the City Council require, as a result of a pattern of chronic and flagrant code violations, that Izzy’s deli restaurant be closed during the hours of 12:00 a.m., and 8:00 a.m., or alternately, that the parking lot north and adjacent to the restaurant be required to be physically closed and not be used for any purpose other than fire and emergencies between the hours of 12:00 a.m., and 8:00 a.m.

On order of the Mayor and at the request of Mr. Crowe, this matter was continued to December 11, 2007.

COUNCIL ITEMS:

APPOINTMENTS

13-A: Appointment to three annual vacancies on the Pier Restoration Corporation with terms ending November 8, 2011.

On order of the Mayor, the floor was opened for nominations.

Councilmember Genser nominated incumbent Cindy Bendat for one of the vacancies. Ms. Bendat was appointed by acclamation, with Councilmember Shriver absent.

On order of the Mayor, and at the request of Councilmember Genser, the remaining two vacancies were continued to November 27, 2007.

13-B: Appointment to one unscheduled vacancy on the Pier Restoration Corporation Board of Directors for a term ending November 13, 2010.

On order of the Mayor, this matter was continued to the November 27, 2007.

PUBLIC INPUT:

The following members of the public discussed various issues: M. Ross, Pro Se, Susan Hartley.

The following members of the public discussed police enforcement during the last “Critical Mass” bicycling ride: Michael Cohn, Bob Wexler, J. Marvin Campbell, Jerry Rubin, Natasha Vokshon, Ryan Mallery, Alex Cantareno, Kieron Menezies, Hanako, Divine Sevilla, Alex Thompson, Roger Swanson, Richie Thomassen, Gen Trowbridge, Russell Buchan, Michael Gardiol, David Bolog, Jack Ford, Inake Martinez-Creel, Mark Peterson, Kyle Hertler, Jennifer Armstrong, Austin Draper, David Feuer, Philip Weil, Elizabeth Hunter, Paul Bringetto, John Koerber, Gregory Bogel, Encio, Stephen Box, Colin Bogart and Josh Licke.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 12:31 a.m., in memory of Ricky Ewell, Dr. John Gilmore, and Jerry Schnitzer.

ATTEST: APPROVED:

Maria M. Stewart Richard Bloom

City Clerk Mayor