M-032508CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 25, 2008
A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:52 p.m., on
Tuesday, March 25, 2008, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Herb Katz
Mayor Pro Tem Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Councilmember Bobby Shriver (arrived at 6:15 p.m.)
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:52 p.m, with
Councilmember Shriver absent. Assistant City Manager Gordon
Anderson led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed
by a Councilmember for discussion.
Members of the public Joey Fullmer, Brian Connell and Jerry Rubin
commented on various Consent Calendar items.
At the request of Councilmember Genser, Item 1-E was removed from
the Consent Calendar.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
Bloom, to approve all items on the Consent Calendar as presented,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, O'Connor,
March 25, 2008
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember Shriver
MINUTES 1-A: The minutes of the February 19, February 26, March 11
(regular), and March 11 (special) 2008, City Council meetings were
approved as submitted.
PCD CONSULTING 1-B: Provision of Planning and Community Development services -
SERVICES recommendation to authorize the City Manager to negotiate and execute
Contract No. 8901 (CCS) with the Phipps Group, in the amount of
$104,000, to provide consulting services, was approved.
853 21s` STREET 1-C: Resolution No. 10275 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP
NO. 67857 FORA 6-UNIT CONDOMINIUM PROJECT AT 853 21ST
STREET," was adopted.
BBB SHORT RANGE 1-D: Big Blue Bus Short Range Transit Plan and application for
TRANSIT PLAN funds -recommendation to authorize the City Manager to file the Short
Range Transit Plan; adopt Resolution No. 10276 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO FILE GRANT APPLICATIONS, AND
EXECUTE RELATED DOCUMENTS AND AGREEMENTS," was
approved.
HOMELESS MGMT. 1-F: Homeless Management Information System -recommendation
INFORMATION SYSTEM to authorize the City Manager to negotiate and execute Contract No.
8903 (CCS) with Bowman Systems, in the amount of $120,770 with
renewal options, for software licensing and data hosting of a management
information system, was approved.
SURF INSTRUCTION & 1-G: Resolution No. 10277 (CCS) entitled: "A RESOLUTION OF
CAMP SAND PERMITS THE CITY OF SANTA MONICA ESTABLISHING APPLICATION
AND USE FEES FOR SURF INSTRUCTION AND YOUTH SAND
CAMP PERMITS ON SANTA MONICA STATE BEACH," was
adopted.
BICKNELL AVENUE - 1-H: Concept Design, modification of Professional Services
GREEN STREET Agreement for the Bicknell Avenue "Green Street" Project -
PROJECT recommendation that Council review the concept design options and
provide input on the development of a preferred concept design option;
authorize the City Manager to negotiate and execute a modification to
Contract No. 8904 (CCS) with Kimley-Horn and Associates, Inc., in the
March 25, 2008
amount of $106,000, for design services of the Project; and appropriate
$106,000 from the Stormwater fund balance for the professional services
agreement with Kimley-Horn and Associates, was approved.
ANNENBERG COMM. 1-I: Construction contract amendment for Annenberg
BEACH CLUB Community Beach Club -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 $450,000,
for additional abatement of creosote containing materials, was approved.
CRIMEVIEW WEB 1-J: CrimeView Web and CrimeView Community software
applications - recommendation to authorize the City Manager to
negotiate and execute Contract Nos. 8905 and 8906 (CCS) with The
Omega Group, Inc., in the amount of $120,130, for the sole source
purchase of, and to provide maintenance of, the two software applications
for a period of up to five years, was approved.
PUBLIC SAFETY 1-K: Designation of uses and appropriation of State Citizens'
FUNDING Option for Public Safety (COPS) Funding -recommendation to
appropriate and approve uses for $175,223 of COPS funding and $19,538
of related interest earnings; and authorize the use of funds for the
purchase of digital recorders, digital negotiation equipment, license plate
reader, and specialized electronic equipment, was approved.
SALARY RESOLUTIONS 1-L: Resolution No. 10278 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA ESTABLISHING NEW
CLASSIFICATIONS AND ADOPTING SALARY RATES FOR
DEPUTY POLICE CHIEF, POLICE CAPTAIN, POLICE OFFICER -
LATERAL TRANSFER, POLICE LIEUTENANT, POLICE OFFICER,
POLICE OFFICER PRE-SERVICE, AND POLICE SERGEANT"; and
Resolution No. 10279 (CCS) entitled: "RESOLUTION OF THE CITY
OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING WITH THE SANTA MONICA POLICE
OFFICERS ASSOCIATION," were adopted.
SPECIAL PROJECTS 1-M: Employment agreement and resolution establishing salary for
ADMINISTRATOR Special Projects Administrator -recommendation to authorize the City
Manager to execute Employment Agreement No. 8907 (CCS) with Bruce
Leach, and adopt Resolution No. 10280 (CCS) entitled: "A RESOLU-
TION OF THE CITY OF SANTA MONICA ESTABLISHING THE
SALARY FOR THE UNCLASSIFIED POSITION OF SPECIAL
PROJECTS ADMINISTRATOR," was approved.
March 25, 2008
MECHANIC STAFFING 1-N: Temporary mechanic staffing services for fleet management -
SERVICES recommendation to authorize a purchase order with Aerotek Commercial
Staffing, in the amount of $131,280, for temporary mechanics for the
Fleet Management Division, was approved.
DIAL-A-RIDE SERVICES 1-E: Dial-A-Ride Paratransit Service -recommendation to award
Bid No 2926 to MV Transportation, at specified services, and authorize
the City Manager to negotiate and execute Contract No. 8902 (CCS) for
the services, was presented.
Councilmember Genser advised he removed this item from the Consent
Calendar to comment that he continues to have concerns regarding
contracting out services, that the subject needs to be addressed by
Council in the near future, and that with the understanding that this
contract can be modified in the future, he will support the
recommendation.
Motion by Councilmember Genser, seconded by Councilmember
McKeown, to approve recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Holbrook, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember Shriver
CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:11 p.m., to
consider closed sessions and returned at 7:13 p.m., with all members
Councilmember Shriver present, to report the following:
arrived at 6:15 p.m.
2-A: Conference with Legal Counsel -Existing Litigation: Robert
Douglas Bruton v. City of Santa Monica, Case No. SC 090 047.
Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom,
to approve Settlement No. 8908 (CCS) for this trip and fall case in the
amount of $100,000. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
4 March 25, 2008
2-B: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b)(1):
Speiser/Traveler's insurance -Claim Number - 07-4055.
Motion by Councilmember Genser. seconded by Councilmember
O'Connor, to approve Settlement No. 8909 (CCS) for auto repair for
claimant in the amount of $16,209.72. The motion was approved by the
following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
2-C: Anticipated Litigation: Anticipate significant exposure to
litigation Pursuant to Government Code Section 54956.9(b): 161
Ocean Park Boulevard.
ACTION: Not Heazd.
2-D: 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.
ACTION: Heard. No reportable action taken.
2-E: Conference with Legal Counsel -Existing Litigation: Richard
Schneider v. City of Santa Monica, Case No. SC 088 456.
Motion by Councilmember O'Connor. seconded by Councilmember
Holbrook, to approve Settlement No. 8910 (CCS) for a motorcycle
accident case in the amount of $4.4 million dollars, with $1 million
dollars to be paid by the City from account number 56.232.522010. The
motion was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
STUDY SESSION: 3-A: Federal Aviation Administration Presentation of Its Proposal
FAA PROPOSAL RE for Runway Safety at Santa Monica Airport and Hearing on the
AIRPORT SAFETY Adequacy of the Proposal.
Mazch 25, 2008
Staff introduced Kirk Shaffer, Associate Administrator for Airports
(FAA), who presented a safety proposal involving an Engineered
Material Arresting System for the municipal airport.
The following members of the public spoke in support of better safety for
residents living in neighborhoods adjacent to the airport and in favor of
adopting the ordinance listed under 7-A: Joey Fullmer, Susan Hartley,
Ping Ho, Emmalie Hodgin, Charlie Donaldson, Diane Moss, Lorraine
Sanchez, Roger Allen, Zina Josephs, Cathy Larson, Stephen Mark,
Jennifer Brockett, Stephanie Body, Allen Davis, William Scheding, Jerry
Rubin, Gwen Rinehart, Lloyd Saunders, Albert Olson, Marianne Brown,
Margaret Williamson, Elizabeth Hanna, Yoram Tal, Martin Rubin, Joan
Winter Rubin, Jim Donaldson, M. Ross, Todd Jaquith, Susan Follett,
Monica Bialas, Lillian Laskin, Stacy Brown, Tom Nitti, and Michael
Brodsky.
Considerable discussion ensued on the merits of the FAA's proposal, on
the history of the City's efforts working with the FAA in addressing
airport safety and on comments made by members of the public.
On order of the Mayor, the information was received and filed.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2251 (CCS)
CONFORMING USE OF entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AIRPORT TO DESIGNA- ADDING SECTION 10.04.06.220 TO THE MUNICIPAL CODE
TED SPECIFICATION CONFORMING THE USE OF SANTA MONICA MUNICIPAL
AIRPORT TO ITS FEDERALLY DESIGNATED SPECIFICATION OF
ARC B-II, FOR PUBLIC SAFETY PURPOSES INCLUDING THE
SAFETY OF RESIDENTS LIVING IMMEDIATELY ADJACENT TO
THE AII2PORT RUNWAY ENDS AND THOSE INDIVIDUALS
USING AND WORKING AT THE AIRPORT," was presented.
Motion by Councilmember Genser, 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 McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
March 25, 2008
DENSITY BONUS 7-B: Second reading and adoption of Interim Ordinance No. 2252
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA
MONICA EXTENDING, WITH MODIFICATIONS AND
CLARIFICATIONS, INTERIM ORDINANCE NO. 2180 (CCS)
MODIFYING THE CITY'S DENSITY BONUS AND AFFORDABLE
HOUSING INCENTIVES IN ACCORDANCE WITH STATE
DENSITY BONUS LAW," was presented.
Motion by Councilmember Genser, seconded by Mayor Katz, to adopt
ordinance, reading by title only and waiving further reading thereof. The
mofion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
BOOTLEGGED UNITS 7-C: Second reading and adoption of Ordinance No. 2253 (CCS)
enfitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADDING SECTION 9.04.18.075 TO THE MUNICIPAL CODE TO
WAIVE CERTAIN DEVELOPMENT STANDARDS FOR RENTAL
UNITS WHICH WERE BUILT OR CREATED WITHOUT PERMITS
AND REGISTERED WITH THE SANTA MONICA RENT CONTROL
BOARD," was presented.
Motion by Councilmember O'Connor. seconded by Mayor Katz, to adopt
ordinance, 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 Bloom, Mayor Katz
NOES: None
ABSENT: None
ALCOHOL CUP's 7-D: Second reading and adoption of Ordinance No. 2254 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING SECTION 9.04.10.18.020 OF THE MUNICIPAL CODE
TO CLARIFY THAT BUSINESS ESTABLISHMENTS WITH
ALCOHOL CONDITIONAL USE PERMITS MUST OBTAIN NEW
ALCOHOL CONDITIONAL USE PERMITS 1F THE
ESTABLISHMENT CEASES OPERATING FOR A PERIOD IN
EXCESS OF ONE YEAR, OR IN EXCESS OF SIX MONTHS IN THE
CM DISTRICT," was presented.
7 March 25, 2008
Motion by Councilmember McKeown, seconded by Mayor Katz, to
adopt ordinance, 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 Bloom, Mayor Katz
NOES: None
ABSENT: None
RIGHT-OF-WAY AND 7-E: Second reading and adoption of Ordinance No. 2255 (CCS)
PRIVATE VESTIBULES - entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
PERMITTED USES AMENDING SECTION 9.04.10.02340 OF THE MUNICIPAL CODE
TO AUTHORIZE THE PLACEMENT OF FURNITURE, PORTABLE
LANDSCAPING, AND CIGARETTE DISPOSAL RECEPTACLES
WITHIN THE PUBLIC RIGHT-OF-WAY AND THE DISPLAY OF
MERCHANDISE IN PRIVATE VESTIBULES," was presented.
Motion by Councilmember O'Connor. seconded by Mayor Pro Tem
Bloom, to adopt ordinance, 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 Bloom, Mayor Katz
NOES: None
ABSENT: None
CONSTRUCTION RATE - 7-F: Second reading and adoption of Interim Ordinance No. 2256
MULTI-FAMILY (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA
PROJECTS MONICA EXTENDING AN INITIAL INTERIM ORDINANCE
CLARIFYING THAT ONLY ONE NEW MULTI-FAMILY
CONSTRUCTION PROJECT IS ALLOWED WITHIN A FIVE
HUNDRED FOOT RADIUS IN THE CITY'S MULTI-FAMILY
RESIDENTIAL DISTRICTS," was presented.
Mofion by Councilmember McKeown. seconded by Councilmember
Genser, to adopt ordinance, 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 Bloom, Mayor Katz
NOES: None
ABSENT: None
March 25, 2008
GLOW -ONE-NIGHT 7-G: Introduction and first reading of an ordinance imposing a
ARTS FESTIVAL temporary suspension of certain Municipal Code provisions and
other legal requirements within stated boundaries for the purpose of
conducting cone-night Arts Festival, was presented.
Motion by Councilmember McKeown. seconded by Mayor Pro Tem
Bloom, to introduce the ordinance for first reading. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Censer, Shriver,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
PROPERTY-BASED 7-H: Introduction and first reading of an ordinance adopting local
ASSESSMENT DISTRICT modifications to the method of levying assessments pursuant to the
Property and Business Improvement District Law of 1994, was
presented.
Members of the public Allen Freeman, Todd Flora, Bill Tucker, Kelley
Wallace, Jennifer Hranilovich and Judy Abdo spoke in support of the
proposed ordinance.
Motion by Councihnember Censer. seconded by Mayor Katz, to
introduce the ordinance for first reading, amended to set the number of
signatures on the required petition at 40% of the property business
owners, to add a clause to Section 2.38.030 -Petition Threshold, to
sunset on December 31, 2008; and to set the duration of the levy under
Section 2.38.040 to a maximum of up to 20 years. The motion was
approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Censer, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
Motion by Councilmem_ ber Censer, seconded by Councilmember
O'Connor, to approve the Downtown Management Plan and authorize
the City Manager and Executive Director to sign the petition on behalf of
the Agency and the City-owned properties within the District which
represents 10.1 % of the total proposed assessment. The motion was
unanimously approved by voice vote, with all members present.
9 March 25, 2008
STAFF ITEMS: 8-A: Development Agreement concept plans for entertainment
production facility at 2834 Colorado Avenue -recommendation to
discuss the appropriateness and potential public benefits of a
Development Agreement proposal for entertainment production facility
and provide direction regarding negotiating points that should be
addressed and alternatives.
On order of the Mayor, this matter was continued to Apri18, 2008.
12-A: Request of Pacific Park for Council to approve the
intermittent use of pyrotechnics during the first-lighting ceremony of
the new solar-powered Ferris Wheel on May 22, 2008.
At the request of staff, this matter was withdrawn.
COUNCIL ITEMS: 13-A: Appointment to one unscheduled vacancy on the Pier
APPOINTMENTS Restoration Corporation Board of Directors for a term ending
November 10, 2009.
On order of the Mayor, this matter was continued to April 8, 2008.
13-B: Appointment to one unscheduled vacancy on the Disabilities
Commission for a term ending June 30, 2010.
On order of the Mayor, this matter was continued to April 8, 2008.
13-C: Recommendation to accept Rodolfo Alvarez's resignation
from the Architectural Review Board and authorize the City Clerk
to publish the vacancy, was presented.
Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom,
to approve recommendation with regrets. The motion was unanimously
approved by voice vote, with all members present.
COUNCIL RULES 13-D: Request of Councilmember Bobby Shriver, Mayor Herb Katz
and Councilmember Bob Holbrook to discuss modifications of
Council Rules and procedures; time management and Council
agenda management.
On order of the Mayor, this matter was continued to Apri18, 2008.
10 March 25, 2008
"SAVE OUR STATE 13-E: Request by Councilmember Shriver that Council adopt
PARKS" CAMPAIGN Resolution No. 10281 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING
THE SAVE OUR STATE PARKS CAMPAIGN," and urging rejection of
proposed State Parks budget cuts, was presented.
Motion by Councilmember Shriver, seconded by Councilmember
McKeown, to adopt 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 Bloom, Mayor Katz
NOES: None
ABSENT: None
Councilmember Shriver Motion by Mavor Pro Tem Bloom. seconded by Mayor Katz, to direct
was excused at 12: OS a.m. staff to schedule a study session on the various issues that the State's
budget present to local government, particularly to Santa Monica. The
motion was unanimously approved by voice vote, with Councilmember
Shriver absent.
2008 TRANSPORTATION 13-F: Request of Mayor Pro Tem Richard Bloom, Councilmember
LEGISLATIVE Kevin McKeown and Councilmember Pam O'Connor that Council
PACKAGE provide direction to staff to review Assembly Member Michael Feuer's
2008 Transportation Legislative Package designed to raise revenue for
local projects for consistency with Council policy and provide a letter of
support for the bills to be introduced into Committee on Apri17. Each of
the Westside cities is endeavoring to obtain similar consideration from
their respective Councils, was presented.
Motion by Mavor Pro Tem Bloom. seconded by Councilmember
McKeown, to approve request. The motion was unanimously approved
by voice vote, with Councilmember Shriver absent.
PUBLIC INPUT: Members of the public Pro Se and M. Ross discussed various issues.
Members of the public Mihai Peteu, Hanako Moondance, Alexander
Thomson, Mikey, Michele Appel, Ryan Barrett, David Feier, John
Luskin, Kate O'Shea, and Susan Trier expressed concerns related to
bicycling safety.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at
12:41 a.m., in memory of Lola Holbrook, Joe Natoli, Martin Foster,
Sandy Berlin, and the 4000 American men and women lost in the Iraq
war.
11 March 25, 2008
Maria M. Stewart
City Clerk
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12 March 25, 2008