M-4/25/2006
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 25, 2006
A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at
5:53 p.m., on Tuesday, April 25, 2006, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Robert T. Holbrook
Mayor Pro Tern Bobby Shriver (arrived at 6:30 p.m.)
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Absent:
Councilmember Herb Katz
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:53 p.m., with
Councilmember Katz and Mayor Pro Tem Shriver absent. Mayor Holbrook
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 and Pro Se expressed their views
related to Consent Calendar items.
At the request of Councilmember McKeown, Item I-N was removed from
the Consent Calendar.
Motion by Councilmember O'Connor. seconded by Councilmember Bloom,
to approve all items on the Consent Calendar as presented, except Item I-N,
reading resolutions and ordinances by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Holbrook
None
Councilmember Katz, Mayor Pro Tern Shriver
NOES:
ABSENT:
1
April 25, 2006
MINUTES
I-A: The minutes of the March 14, 2006, City Council meeting, were
approved as submitted.
FINANCIAL SOFTWARE I-B: Financial software licensing and web-enable software upgrade-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8574 (CCS) with Oracle USA, in the amount of $72,000, to
upgrade the City's financial software, and in the amount of $17,000 a year,
for each of three years, for related software maintenance, was approved.
1253 18TIl STREET
SUSTAINABLE CITY
TASK FORCE
DOCUMENT IMAGING
WATER
CONSERVATION
BBB BUSES
l-C: Resolution No. 10126 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL
SUBDIVISION MAP FOR TRACT NO. 54358 TO SUBDIVIDE A
PROPERTY AT 1253 18TH STREET," was adopted.
I-D: Appointments to Sustainable City Task Force - recommendation
to make three appointments to fill three vacant positions on the Task Force,
was approved.
l-E: City document imaging and content management system-
recommendation to authorize the City Manager to negotiate and execute
Contract No.8575 (CCS) with Laserfiche, in the amount of $120,000, for
the purchase of a Document Imaging and Content Management System, was
approved.
I-F: Water Conservation funding agreement - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8576
(CCS) with the Metropolitan Water District of South em California in order
to receive conservation credits for related activities, was approved.
I-G: Purchase of 10 new Flyer Buses for the BBB - recommendation to
authorize the City Manager to negotiate and execute an amendment to
Contract No. 8274 (CCS) with New Flyer of America, in the amount of
$941,900, to purchase 10 LNG replacement buses and spare parts, was
approved.
HYDRAULIC UPGRADES I-H: Hydraulic system upgrades to buses - recommendation to award
- BBB Bid No. 2905 to Delafield Fluid Technologies, in the amount of$146,628,
to provide onboard hydraulic system upgrades to thirty six LNG buses, was
approved.
LNG FOR BBB
I-I Liquefied Natural Gas for the Big Blue Bus - recommendation to
award Bid No. 2896 to Clean Energy, and authorize the City Manager to
negotiate and execute Contract No. 8577 (CCS) in the amount of
$10,000,000 for a period of four years, was approved.
2
April 25, 2006
CITY HALL SEISMIC
RETROFIT
GOOGLE FIBER LEASE
MTBE CONSULTING
SERVICES
WOODLAWN
CEMETERY
20m & CWVERFIELD
STREETSCAPE
I-J: City Hall Seismic Retrofit - recommendation to authorize the City
Manager to negotiate and execute an amendment to Contract No. 8529
(CCS), with Black and Veatch, in the amount of $285,889, to expand
engineering and architectural services for the seismic retrofit of City Hall~
was approved.
l-K: Dark fiber lease agreement with Google - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8578
(CCS) with Google Inc., in the amount of$9,636, for the lease of dark fiber;
and to negotiate and execute dark fiber lease agreements with other
interested parties should those opportunities exist, was approved.
1-1: Groundwater modeling and engineering consulting services-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8579 (CCS) with Worley Parsons Komex, in the amount of
$304,000, for MTBE-related consulting services, well installation oversight
and alternative dispute resolution, was approved.
I-M: Woodlawn Cemetery data conversion - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8580
(CCS) with Ramaker & Associates, in the amount of$153,425, for
professional data conversion services, was approved.
I-N: 20th & Ooverfield Boulevard Street Improvements-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8581 (CCS) with Abbe, in the amount of$450,000, for design
services for the project, was presented.
Councilmember McKeown advised he removed this item from the Consent
Calendar to point out that because this is a design services contract, the
Council-adopted policy of youth employment, is not applicable, but that the
policy will be honored when the RFP for construction is issued.
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to approve staff recommendation, with the direction to staff to include the
youth employment policy when issuing the RFP for construction of the
project. The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Holbrook
None
Councilmember Katz, Mayor Pro Tern Shriver
NOES:
ABSENT:
3
April 25, 2006
CLOSED SESSIONS:
Mayor Pro Tem Shriver
arrived at 6:30 p.m.
On order of the Mayor the City Council recessed at 6:04 p.m., to consider
closed sessions and returned at 7:23 p.m., with Councilmember Katz absent,
to report the following:
2-A: Conference witb Legal Counsel - Existing Litigation: ~
Robinson v. City of Santa Monica, Case No. SC 086 327.
Motion by Councilmember O'Connor, seconded by Councilmember
McKeow, to approve payment ofajudgment in the amount of $100,000
related to a trial on a bus-accident case. The motion was approved by the
following vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
2-B: Conference with Legal Counsel- Existing Litigation: Joel
Lipscher v. City of Santa Monica, Case No. BC 323848.
Motion by Councilmember O'Connor. seconded by Councilmember Bloom,
to approve a settlement in the amount of $75,000 related to a bus accident
case. The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
2-C: Conference with Legal Counsel- Existing Litigation: Baroun
Mehdipour v. City of Santa Monica, Case No. SC 083 537.
The City Attorney reported that this case was heard; no reportable action
was taken.
2-D: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Baron & Budd. P.C., Case No. BC 315 186.
The City Attorney reported that this case was heard; no reportable action
was taken.
2-E: Conference with Legal Counsel - Existing Litigation: City adv.
Shell Oil Company (arbitration regarding compliance with settlement
agreement in City of Santa Monica v. Shell Oil Co., Case No.
0ICC4331).
4
April 25, 2006
The City Attorney reported that this case was heard; no reportable action
was taken.
2-F: Conference with Legal Counsel - Anticipated Litigation:
Anticipate significant exposure to litigation punuant to Government
Code Section 54956.9(b): one dispute related to real property located
at 161 Ocean Park Boulevard and claim of Palisades Beach Road
Property Owners' Association that proposed renovation of 415 PCR
conflicts with Proposition Sand CEQA.
MutionhY~OJ.Ulcilmembe[O'Connor. seconded by Councilmember Genser,
that as to the claim related to 161 Ocean Park where the property was built
without a driveway, and where past residents used the curbcut as a
driveway; and where a dispute arose regarding the creation of a curbcut and
its use as a driveway, the following proposed solution will be approved:
That the City will fund certain costs for the construction of a driveway as
follows: City will be solely responsible for the first $40,000; after that
amount the City and owner will split the costs up to a total of $70,000; for
any additional costs above $110,000, the owner will be responsible for the
next $40,000. If costs were to go beyond the total of$150,OOO, parties
have agreed upon a procedure to resolve any future dispute. The motion
was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
STUDY SESSION:
HOMELESS UPDATE
REPORT
3-A: Homeless Update Report was presented.
Members of the public Madeleine Moore, Iohn Maceri and Susan Fraser
commented on various aspects of the subject.
On order of the Mayor, the information was received and filed.
CONTINUUM OF CARE 3-B: System and Program Evaluation of the City's Homeless
- HOMELESS SERVICES Continuum of Care - recommendation to authorize the City Manager to
negotiate and execute Agreement No. 8582 (CCS) with The Urban Institute,
in the amount of$126,000, for a system and program evaluation of
homeless continuum of care, was presented.
Motion by Councilmember Bloom. seconded by Councilmember McKeown,
to approve staff recommendation. The motion was approved by the
following vote:
5
April 25, 2006
CHRONIC HOMELESS
PROGRAM
SPECIAL ITEMS:
OLDER AMERICANS
MONTH
SMC PRESIDENT
ORDINANCES:
HOTEUMOTEL USES-
NON-CONFORMING
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tem Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
3-C: Agreement for expansion of the Chronic Homeless Program -
recommendation to authorize the City Manager to negotiate and execute
Agreement No. 8583 (CCS) with Community Partners, in the amount of
$189,000, for the expansion of the City's Chronic Homeless Program, was
presented.
Motion by Council member McKeown. seconded by Councilmember Boom,
to approve staff recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
4-A: The Mayor issued a proclamation declaring May 2006 as Older
Americans Month in the City of Santa Monica.
4-B: An introduction of Dr. Chui Tsang, President, Santa Monica
College, was made to the City Council. On behalf of the City, the
Mayor welcomed Dr. Tsang.
7-A: Second reading and adoption of Ordinance No. 2181 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTION 9.04.18.040 TO ALLOW
FOR THE CONTINUATION OF EXISTING NON-CONFORMING
HOTEL AND MOTEL USES IN RESIDENTIAL DISTRICTS WITHIN
THE OP-3- ZONE," (Bayside Hotel, 2001 Ocean Avenue), was
presented.
Motion by Councilmember O'Connor. seconded by Councilmember
McKeown, to adopt the ordinance, reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
6
April 25, 2006
TRANSPORTATION
PRESERVATION
DISTRICT
SIDE-YARD SET BACK
REQUIREMENTS
7-B: Second reading and adoption of Ordinance No. 2182 (CCS)
entitled: "AN ORDINANCE AMENDING~HAPTER 9 OF THE
MUNICIPAL CODE TO ESTABLISH A TRANSPORTATION
PRESERVATION DISTRICT AND TO ESTABLISH PERFORMANCE
STANDARDS FOR SURFACE PARKING LOTS, FllM AND VIDEO
PRODUCTION, AND COMMERCIAL NURSERIES AUTHORIZED IN
THE TRANSPORTATION PRESERVATION DISTRICT:; and second
reading and adoption of Ordinance No. 2183 (CCS) entitled:"AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE
OFFICIAL DISnucTING MAP TO ESTABUSH THE
TRANSPORTATION PRESERVATION DISTRICT IN PORTIONS OF
THE FORMER Ml AND LMSD DISTRICTS," were presented.
Motion by Councilmember McKeown. seconded by Councilmember
O'Connor, to adopt Ordinance No. 2182 (CCS), reading by title only and
waiving further reading thereof The motion was approved by the following
vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Shriver,
Genser, Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
Motion bX Councilmember McKeown. seconded bv Councilmember
O'Connor. to adopt Ordinance No. 2183 (CCS), reading by title only and
waiving further reading thereof The motion was approved by the following
vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Shriver,
Genser, Mayor Pro Tem Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
7-C: Introduction and first reading of an ordinance amending
Chapter 9 of the Municipal Code to allow modification of a side yard
set back requirement in the R-l District where the combination of
contiguous parcels requires a greater side yard setback, and to allow
the re-division of combined parcels, was presented.
Member of the public Rosario Perry spoke in support of the proposed
ordinance.
7
April 25, 2006
CONSIDERATION OF
ITEMS OUT OF ORDER
COUNCIL ITEMS:
PRC
SENIOR COMMUNITY
COMMISSION
STATUS OF WOMEN
COMMISSION
Motion by Councilmember GenseL seconded by Mayor Holbrook, to
introduce ordinance, amending it to delete the 120-foot limitation on the
total frontage of tied lots. The motion failed by the following vote:
AYES:
Councilmembers Genser, Mayor Pro Tern Shriver, Mayor
Holbrook
Councilmembers O'Connor, McKeown, Bloom
Councilmember Katz
NOES:
ABSENT:
Motion by Councilmember McKeown. seconded by Councilmember Bloom,
to introduce the ordinance as submitted, reading by title only and waiving
further reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
On order of the Mayor, the 13-Items to be heard next.
13-A: Appointment to one annual vacancy on the Pier Restoration
Corporation for a term ending November 10,2009.
On order of the Mayor, the floor was opened for nominations.
Councilmember Genser nominated Kavita Patel. There being no other
nominations, Ms. Patel was appointed by acclamation with Councilmember
Katz absent.
13-B: Appointment to one special vacancy on the Commission for the
Senior Community for a term ending June 30, 2007.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Robert F. Schwenker. There being
no other nominations, Mr. Schwenker was appointed by acclamation with
Councilmember Katz absent.
13-C: Appointment to one special vacancy on the Commission on the
Status of Women for a term ending June 30, 2007.
On order of the Mayor, the floor was opened for nominations.
8
April 25, 2006
KEY LOTS - ZONING
AMENDMENT
STAFF ITEMS:
OUTDOOR DINING
STANDARDS
Councilmember O'Connor nominated Madeline Heller. There being no
other nominations, Ms. Heller was appointed by acclamation with
Councilmember Katz absent.
13-D: Request of Council member McKeown to direct statTto prepare
amendments to current zoning code addressing anomalies pertaining to
so-called "key lots," where current definitions of front and side yanl
conflict with adjacent parcels, was presented.
Members of the public Jeff Garrett and Jaison Morgan expressed their views
and concerns related to the request.
Motion by Councilmember McKeown to approve request and direct stafIto
consult with the two resident speakers and present a possible solution to
their concerns. The motion died for lack of a second.
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to approve request, with the understanding that if staff is made aware of
other issues concerning the "key lots," these issues will be brought to
Council's attention. The motion was unanimously approved by voice vote,
with Councilmember Katz absent.
8-A: Third Street Promenade Outdoor Dining Standards -
recommendation to approve the proposed amendments to the Dining
Standards to expand allowable outdoor dining areas including pavilion
sidewalk dining, center court dining, and sidewalk edge dining, was
presented.
Members of the public Stephane Strouk and KatWeen Rawson spoke in
favor of the proposal.
Member of the public Jerry Rubin spoke in opposition to the proposal.
Member of the public Joey Fullmer expressed her views on the proposal.
Motion by Councilmember O'Connor, seconded by Mayor Holbrook to
approve the amendments related to the pavilion sidewalk dining and defer
the center court dining and sidewalk edge dining. The motion was approved
by the following vote:
AYES:
Councilmembers Bloom, O'Connor, Mayor Pro Tern Shriver,
Mayor Holbrook
Councilmembers McKeown, Genser
Councilmember Katz
NOES:
ABSENT:
9
April 25, 2006
SOLID WASTE RATES
Mayor Pro Tem Shriver
was excused at 10:07 p.m.
SPECIAL JOINT
MEETING:
1944 20rn STREET
8-B: Update on solid waste efficiencies, adoption ofFY 2006-07 rates,
and approval of Phase II for development of alternative service delivery
methods - recommendation to establish a Solid Waste rate for inclusion in
the FY 2006-07 budget, and to authorize proceeding with Phase II of the
scope of services of Agreement No. 8524 (CCS) with Gershman, Brickner
& Bratton, for development of alternative service delivery methods, was
presented.
Member ofthe public Joey Fullmer expressed her opinion and views on the
proposal.
Motion by Councilmember Bloom. seconded by Counc-ilmemberO'Conner,
to approve staff recommendation, including a rate increase of CPI plus 3%.
Substitute motion by Councilmember McKeown, to approve
recommendation amended to change the increase to CPI plus 1 %.
Considerable discussion ensued on the effects of a recommended 3%
increase as related to the. current undercharged commercial rates being
subsidized by residents. After discussion on the merits of the motions, and
on the need to have additional information for an equitable rate structure for
both residential and commercial customers, Councilmember O'Connor
withdrew her second of the main motion.
City Manager Ewell advised that staff would provide a timeHne on actions
needed to provide Council with complete information, including milestones,
for deciding on an equitable rate structure for all users, prior to the budget
approval. After continued discussion, Councilmember Bloom withdrew his
main motion and Councilmember McKeown withdrew his substitute motion.
Motion by Councilmember Genser. seconded by Councilmember McKeown,
to approve recommendation amending the rate increase to cPt plus 2%,
plus the timeline and milestones as proposed by staff The motion was
approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Holbrook
None
Councilmember Katz, Mayor Pro Tern Shriver
NOES:
ABSENT:
On order of the Mayor, the regular City Council meeting was recessed at
10:40 p.m., to ajoint meeting with the Redevelopment Agency, with
Councilmember Katz and Mayor Pro Tern Shriver absent.
10
April 25, 2006
8-C: Affordable Housing Development at 1944 20th Street-
recommendation that the City Council and the Redevelopment Agency
approve a housing trust fund Loan No. _ (CCS) and grant to
Community Corporation of Santa Monica, in the amount of $3,01 0,789, for
acquisition and rehabilitation of an 8-unit housing development; and
authorize the City Manager and Executive Director to negotiate and execute
all documents necessary to provide this funding, was presented.
Members of the public Matthew Millen and Chuck Allord spoke in
opposition of the proposal.
Members of the public Sue Keintz and Joan Ling spoke in support of the
proposal.
Motion by Councilrnember Genser. second~ by Councilmember O'Connor,
to approve staff recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Holbrook
None
Councilmember Katz, Mayor Pro Tern Shriver
NOES:
ABSENT:
ADJOURNMENT OF
SPECIAL JOINT
MEETING
On order of the Mayor, the Special Joint Meeting with the Redevelopment
Agency was adjourned at 11:00 p.m., and the regular City Council meeting
was reconvened with Councilmember Katz and Mayor Pro Tern Shriver
absent.
PUBLIC INPUT:
Members of the public Pro Se, Lucyle Caruso, Patricia Gordon and Jerry
Rubin expressed their views and concerns on various issues.
On order of the Mayor, the City Council meeting was adjourned at 11 :06
p.m., in memory of Anita Phillips and Luz Ospitia.
ADJOURNMENT:
ATTEST:
~~~~
APPROVED:
~/#/I~
Maria M. Stewart
City Clerk
Robert T. Holbrook
Mayor
11
April 25, 2006