CITY OF SANTA MONICA

 

REGULAR CITY COUNCIL MEETING AGENDA

 

CITY HALL COUNCIL CHAMBERS - 1685 MAIN STREET

 

TUESDAY, NOVEMBER 11, 2008

 

 

MEETING BEGINS AT 5:45 P.M.

 

 

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

 

(Please note that Agenda Items may be reordered during the Council meeting at the discretion of the City Council.)

 

1.  CONSENT CALENDAR:  (All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)

 

1-A:     Approval of minutes of the October 28, 2008, City Council meeting.

 

            MINUTES

 

1-B:     Resolution approving Final Tract Map No. 068538 for a six unit project at 1920 Montana Avenue.

 

            STAFF REPORT

 

1-C:     Purchase of traffic signal controllers - recommendation to authorize the City Manager to negotiate and execute a contract with Siemens TS, in the amount of $151,500 for the purchase of 86 Model 2070 traffic signal controllers. 

 

            STAFF REPORT

 

1-D:     Extension of custodial services agreement for the Public Safety Facility - recommendation to approve an additional extension to the existing custodial services agreement with L.A. Cha, in the amount of $200,000.

 

            STAFF REPORT

 

1-E:     Recommendation to approve donation of one used Interceptor Traffic Scooter to the Santa Monica High School Baseball Team/Athletic Department.

 

            STAFF REPORT

 

1-F:     Street and Park Lighting Project - recommendation to authorize the City Manager to negotiate and execute a contract with C.T. &F, in the amount of $1,237,825 for construction of the project. 

 

            STAFF REPORT

 

1-G:     Annenberg Beach House construction contract amendment - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8652 (CCS) with Midwest Environmental Control, in the amount of $390,000 for a total of $2,360,513, for remediation of soil fill material; and, to negotiate and execute an amendment to Contract No. 8701 (CCS) with Smith-Emery Company, in the amount of $49,500 for a total of $197,570, for deputy inspection and materials testing services;

 

            STAFF REPORT

 

1-H:     Use of City Seal for DC-3 Monument - recommendation to authorize the use of the Seal of the City of Santa Monica on the DC-3 Monument at the City Airport.

 

            STAFF REPORT

 

2.   CLOSED SESSIONS:

 

2-A:     Conference with Real Property Negotiators.

            Property:                    1654 19th Street

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

            Under Negotiation:    Interest in Real Property

            Owner of Record:      Guntram & Liane Ossa Trust

 

2-B:     Conference with Real Property Negotiators.

            Property:                    1776 Main Street

                                                1700 Ocean Avenue

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

            Under Negotiation:    Interest in Real Property

            Owner of Record:      Rand Corporation

 

2-C:     Conference with Real Property Negotiators.

            Property:                    1640 Fifth Street

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

            Under Negotiation:    Interest in Real Property

            Owner of Record:      Waldman Family Trust, et. al.

 

2-D:     Conference with Real Property Negotiators.

            Property:                    1224 4th Street

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

            Under Negotiation:    Interest in Real Property

            Owner of Record:      Santa Monica Bay Woman’s Club

 

2-E:     Conference with Real Property Negotiators.

            Property:                    1320 Fourth Street

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

            Under Negotiation:    Interest in Real Property

            Owner of Record:      Santa Monica Redevelopment Agency

 

2-F:     Conference with Legal Counsel – Existing Litigation: In the Matter of Compliance with Federal Obligations by the City of Santa Monica, California, FAA Docket No. 16-02-08.

 

2-G:     Conference with Legal Counsel – Existing Litigation: United States of America and Peters v. City of Santa Monica, USDC, Case No. CV08-02695 CW(Ex).

 

2-H:     Conference with Legal Counsel – Existing Litigation: Smiley v. City of Santa Monica, Case No. BC394492.

 

2-I:       Conference with Legal Counsel – Existing Litigation: Larry Gulihur v. City of Santa Monica, Superior Court Case Number SC 095055.

 

2-J:      Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(b): 161 Ocean Park Boulevard.

 

2-K:     Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(b): 2300 Wilshire.

 

2-L:     Conference with Legal Counsel – Existing Litigation – NMBroadway Studios, LLC v. City of Santa Monica, Case No. BS 110077; Lincoln Studios, LLC v. City of Santa Monica, Case No. BS 110078; Nebraska Studios, LLC v of Santa Monica, Case No. BS 110079.

 

2-M:    Initiation of litigation pursuant to subdivision (c) of Section 54956.9: two cases.

 

6:45 P.M.  RETURN TO AGENDA ACTION ITEMS:

 

3.  STUDY SESSION:

 

3-A:     Report on status of dispute with the FAA and the alternative of enhancing airport runway safety through the use of the EMAS technology, and request for direction to staff relative to the required mediation with the FAA.

 

            STAFF REPORT

 

7.  ORDINANCES:  (Public comment is permitted on ordinances for introduction and first reading.  No public discussion is permitted on ordinances for second reading and adoption.)

 

7-A      Second reading and adoption of an ordinance adding Chapter 4.45 to the Municipal Code to create a tobacco retailer licensing program. (Introduced October 28, 2008)

 

            STAFF REPORT

 

7-B:     Introduction and first reading of an ordinance amending Municipal Code Sections 9.04.02.030.825 and 9.04.20.34.030 and adding 9.04.18.085  to modify the threshold at which a structure is determined to be substantially remodeled and establishing the procedures for exceptions and adjustments in specified circumstances. 

 

            STAFF REPORT

 

7-C:     Introduction and first reading of an interim ordinance extending interim Ordinance Nos. 2250 and 2256 (CCS) clarifying that only one new multi-family construction project is allowed within a 500-foot radius in the City's multi-family residential districts and modifying these interim ordinances to establish the maximum length of time that projects subject to the construction rate program can be delayed. 

 

            STAFF REPORT

 

8. STAFF ADMINISTRATIVE ITEMS:

 

8-A:     Report on Transportation Impact Fee - recommendation to review information presented and direct staff as needed. (Continued from 10/28/08 meeting).

 

            STAFF REPORT

 

8-B:     Exchange of City-owned property at 1920 Ocean Way and solicitation of residential development proposals for 1828 Ocean Avenue - recommendation to authorize staff to proceed with specific tasks related with the proposed exchange of city-owned property at 1920 Ocean Way including entering into exclusive negotiations with the Neptune Walk LLC and Edward Thomas Companies, and soliciting development proposals for the proposed 1828 Ocean Avenue exchange property site. 

 

            STAFF REPORT

 

9.  PUBLIC HEARINGS:

 

9-A:     Public Hearing for Street Light Assessment District - recommendation to hold a public hearing and receive public comment on the formation of assessment districts for installation of new street lights on 15th Street (from Alta to Montana Avenues) and on Urban Avenue (from Yorkshire to Dorchester Avenues); close the public hearing and continue to November 25, 2008, for adoption of the canvass of the election.

 

            STAFF REPORT

 

9-B:     Public Hearing to adopt a Negative Declaration and adopt the 2008-2014 General Plan Housing Element - recommendation to hold a public hearing, receive public comment, adopt a resolution adopting the Initial Study/Negative  Declaration in compliance with the California Environmental Quality Act; and adopt a resolution adopting the proposed 2008-2014 General Plan Housing Element as revised.

 

            STAFF REPORT

 

13.  COUNCILMEMBER DISCUSSION ITEMS:

 

13-A:   Annual Appointments to Boards and Commissions for terms ending June 30, 2008. (Continued from October 28, 2008.)

 

Board/Commission

No. of Appts.

Term Ending

Architectural Review Board

1

6/30/2012

Arts Commission

1

6/30/2012

 

13-B:   Appointment to two unscheduled vacancies on the Commission on the Status of Women for terms ending June 30, 2011 (Continued from October 28, 2008)

 

13-C:  Appointment to one unscheduled vacancy on the Social Services Commission for a term ending June 30, 2012. (Continued from October 28, 2008)

 

13-D:  Request of Councilmember Pam O'Connor and Mayor Pro Tem Richard Bloom that the City of Santa Monica sign the Los Angeles Regional Collaborative for Climate Action & Sustainability Charter and instruct the City Manager to support and participate in this worthwhile effort and, further, that the City of Santa Monica encourage other local jurisdictions and key stakeholders throughout Los Angeles County to formally participate in this Collaborative. (Continued from October 28, 2008)

 

            MOTION

            BRIEFING DOCUMENT

            CHARTER

 

13-E:   Request of Mayor Pro Tem Bloom and Mayor Katz that the City Manager present the City Council and community with an update on economic matters of concern to the City of Santa Monica, including analysis of short and long term economic trends and their impact on the City's economy, recent Federal legislation to address the banking and credit industries and the recently adopted State budget. (Continued from October 28, 2008)

 

13-F:   Appointment to two annual vacancies on the Pier Restoration Corporation with terms ending November 11, 2012.

 

13-G:  Appointment to newly created Emeritus position on the Recreation and Parks Commission.

 

13-H:   Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending June 30, 2010.

 

13-I:     Recommendation to accept Bruce Kragen’s resignation from the Commission for the Senior Community and authorize the City Clerk to publish the vacancy.

 

13-J:   Request of Councilmember Shriver for staff to report on the use of the median on 4th Street, near Adelaide, for exercising purposes including the associated allocation of resources to enforce existing laws at the location and for the City Manager to confirm that the enforcement activities were not undertaken at the request of any councilmember(s), but in response to complaints from San Vicente Avenue tenants and condominium owners.

 

13-K:   Request of Councilmember McKeown, on behalf of Heal the Bay, that the Council adopt a resolution by which the City of Santa Monica would join the City and County of Los Angeles in declaring December 18, 2008 the second annual "A Day Without a Bag," encouraging holiday shopping with reusable tote bags rather than single-use plastic and paper carry-out bags, in the interest of sustainability, reduction of landfill and protection of the marine environment.

 

            RESOLUTION

            FLYER

            LETTER

 

14.  PUBLIC INPUT:  (Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City.  Please note that State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)

 

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available at the City Clerk's Counter located at City Hall, 1685 Main Street, Santa Monica, during normal business hours.

 

Any member of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401. Comments may also be e-mailed to: clerk@smgov.net

 

ADJOURNMENT.

 

City Hall and the Council Chamber is wheelchair accessible.  If you require any special disability related accommodations (i.e. sign language interpreting, access to an amplified sound system, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917-6626 at least 3 days prior to the scheduled meeting.  This agenda is available in alternate format upon request by calling the City Clerk’s Office.