M-010808CITY OF' SANTA iYIONICA
CITY COUNCIL MINUTES
aANUARY s, Zoos
A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:48 p.m., on
Tuesday, January 8, 2008, 2008, at City Council Chanrbers, 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 (arrived at 6:02 p.m.)
Councilmember Bobby Shriver (arrived at 6:06 p.m.)
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDCE On order of the Mayor, the City Council convened at x:48 p.m., with
Councilmembers Shriver and O'Connor absent. Councilmember
Holbrook led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed
by a Cotmeilmember for discussion.
Members of the public Joy Frillmer and Joe Natoli commented on various
Consent Calendar items.
At the request of Councilmember Genser Item 1-E was removed from the
Consent Calendar. At the request of Cotmeilmember McKeown Items 1-
F and 1-G were removed from the Consent Calendar.
Motion by Councilmember Genser, seconded by Councilmember
McKeown, to approve all items on the Consent Calendar as presented
except Items 1-E, 1-F and 1-G, reading resolutions by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Holbrook, Genser, McKeown, I/Iayor
January 8, 2008
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers O'Connor, Shriver
MINUTES 1-A: The minutes of the November 27, December 4, and December
11, 2007, City Council meeting, were approved as submitted.
CEMETERY ~ 1-B: Cemetery and Mausoleum Perpetual Care Funds -
MAUSOLEUM CARE recommendation to authorize the City Manager to negotiate and execute
an amendment to the existing Contract No. 8870 (CCS) with RNC
Capital Management LLC, in the amount of $60,000 for a total not to
exceed amount of $130,000, for management of the Cemetery and
Mausoleum Perpetual Care Funds, was approved.
1119 20"' STREET 1-C: Resolution No. 10267 (CCS) enfitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP
NO.62429 FOR AFIVE-UNIT CONDOMINIUM PROJECT AT 1119
20TH STREET," was adopted.
WASTEWATER RATES 1-D: Proposed Wastewater Rate Adjustments consultation services
- recommendation to authorize the City Manager to negotiate and execute
an amendment to Contract No. 8726 {CCS), with Raftelis Financial
Consultants, in the amount of $18,750, for additional consulting sercicES --
for the project, was approved.
REJECTION OF BID - 1-H: Recommendation to reject Bid No. 2924 to furnish and deliver
TRANSIT VEHICLES up to five small alternative fuel transit vehicles, was approved.
STREET, SIDEWALK, 1-E: Street, Sidewalk, Drainage and Civic Auditorium Parking Lot
CIVIC PARKING LOT Improvement Project -recommendation to authorize the City Manager
IMPROVEMENTS to negotiate and execute construction Contract No. 8871 (CCS} with
Sequel Contractors, in the amount of $8,259,040; construction
management Contract No. 8872 (CCS) with URS Corporation in the
amount of $832,700; accept a $54,000 grant from California Integrated
Waste Management Board and approve proposed budget changes; and
appropriate $50,000 in grant funds from Proposition C, was presented.
Councilmember Denser advised he removed this item from the Consent
Calendar because there miglrt have a potential conflict of interest with
this matter and asked the City Attorney to comment.
City Attorney Marsha Moutrie reviewed the conflict of interest rules and
January 8, 2008
advised that an exception applies and there is no conflict because of the
extreme breadth of the project.
Motion by Councilmember Genser, to approve recommendation.
Councilmember McKeown requested to amend the motion to give
direction that in overseeing the implementation of the contract staff give
specific attention to curbs, gutters, stormdrains and discontinuities that
run parallel to the direction of travel in the curb lane_
The amendment was accepted as friendly by the maker. Councilmember
McKeown seconded the motion as amended. The motion as amended
was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, McKeown, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Coimcilmembers O'Connor and Shriver
CIV1C AUDITORIUM 1-F: Civic Auditorium Electrical Upgrade Project -
ELECTRICAL recommendation to authorize the City Manager to negotiate and execute
Contract No. 8873 (CCS) with A-1 Electrical Service Company, in the
amount of $446,000, for the project, was presented.
Councilmember McKeown advised he removed this item from the
Consent Calendar to assure that the electrical upgrade anticipates future
uses of the Civic Center, including uses in the West Wing. Staff
answered questions of staff.
Motion by Councihember McKeown. seconded by Councilmember
Genser, to approve recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Holbrook, Genser, McKeown, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers O'Connor and Shriver
FARMERS' MARKET 1-G: Cancellation of Farmers' Market bus rides -recommendation
BUS RIDES to authorize the Big Blue Bus to cancel the Downtown and the Pico
Farmers' Market ride services due to very low ridership, was presented.
Councilmember McKeodvh advised he removed this item from the
January 8, 2008
Consent Calendar to confirm that the bus maps will be revised to reflect
this change. Staff answered questions to staff. ,
Motion by Cotmcilmember McKeown, seconded by Cotmcilmember
Genser, to approve recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Holbrook, Genser, McKeown, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers O'Connor and Shriner
SPECIAl~ JGINT On order of the Mayor, the City Council recessed its regular meeting at
MEETING 6:02 p.m., to a joint meeting with the Redevelopment Agency, with
Councilmember Shriner absent,
LEASE GF SPACE: 1901 I-I: Lease of space at 1901 Main Street and lease renewal at 1212
MAIN STREET c& 1212 ST" 5th Street for office space -recommendation that the City Cotmcil
STREET authorize the CitS~ Manager to negotiate and execute Lease No. 8874
(CCS) with AMDA, and renewal for Lease No. 8404 (CCS) with
Cotmcilmember O'Connor Wilshire & 5th I & II, for City offices; appropriate $98.00 as proposed;
m•rived ut 6: 02 p. na. and authorize the expenditure of $600,000 for tenant improvement costs.
Recommendation that the Cotmcil and the Redevelopment Agency r
approve proposed appropriation of $360,000 from the Redevelopment
Agency; and authorize the City 1~Ianager and the Executive Director, '
respectively, to execute Reimbursement Agreement No. 8875
(CCSIRAS) between the City and the Agency for the $360,000, was
presented.
Member of the public Joe Natoli expressed concerns regarding the
proposal.
Motion by Councilmember Holbrook. seconded by Councilmember
Genser, to authorize the City Manager to negotiate and execute Lease No
8874 (CCS) with AMDA, and renewal for Lease No. 8404 (CCS) with
Wilshire & 5th I & II, for City offices. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Connor, Genser,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Cotmcilmember Shover
4 January 8, 2008
ADJOURNMENT OF On order of the Mayor, the special joint meeting with the
SPECIAL JOINT Redevelopment Agency was adjourned and the City Council reconvened
MEETING to their regular meeting and recessed at 6:06 p.m., to consider closed
sessions. The City Council reconvened at 72~ p.m., with all members
present, to report the following:
CLOSED SESSIONS: 2-A: Conference with Legal Counsel -Existing Litigation; Richard
Couneilmenzber Shriven Schneider v. City of Santa Monica, Case No. SC 088x56.
arrived at 6:06 p. m.
ACTION: Heard. No reportable action taken.
2-B: Conference with Legal Counsel -Existing Litigation: Hent
MOYEan v. City of Santa Monica, Case No. SC 089903.
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel -Existing Litigation; Carmen
Garay v. City of Santa Monica, Case No. SC 093952.
Motion By Councilmember O'Connor, seconded by Councilmember
Holbrook, to approve settlement in the amount of $30,000. The motion was
approved by the following vote:
AYES: Couneilmembers McKeown, O'Connor, Genser, Shriven,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
2-D: Conference with Legal Counsel -Existing Litigation: Abraham
Supino v. Citv off Santa Monica (and consolidated cases, Case No. SC
080283.
ACTION: Heard. No reportable action taken.
2-E: Conference with Legal Counsel -Existing Litigation: Ci of
Santa Monica v. Baron & Budd, P.C., Case No. BC 315 I86.
ACTION: Heard. No reportable action taken.
SPECIAL ITEMS: 4-A: Presentation by Southern California Edason: Update on
SCE UPDATE Electrical System Upgrades.
Members of the public Joy Fullmer and Brian Hutchings expressed various
concerns.
January 8, 2008
Mark Olson, representing Southern California Edison, provided an update
and answered questions of Councilmembers.
APPEALS: 6-A: Appeal of Planning Commission's approval of Conditional Use`
2000 MAIN STREET Permit (CUP) to allow off-site and on-site sale and dispensation of
alcoholic beverages at 2000 Main Street - recommendation to deny appeal
and uphold the Planning Commission's approval of the CUP to allow the
off-site and on-site sale and dispensation of alcoholic beverages at a retail
grocery store, was presented.
Joshua Kaplan, representing appellant, spoke in support of the appeal and
against the project.
Brandon Kim, applicant, spoke in opposition to the appeal and in support
of the project.
Members ofthe public BrittAllcroft, Sean Kehoe, Marianne O'Donnell, and
Danial O'Donnel spoke in support of the appeal. Member of the public
3erry Rubin spoke in opposition of the appeal.
Brandon Kim, applicant, presented a rebuttal to public comment.
Joshua Kaplan, representing appellant, presented a rebuttal to public-
comment.
Motion btiCouncilmember Genser, seconded by Mavor Pro Tem Bloom, to
deny the appeal and uphold the Planning Commission's approval of the
Conditional Use Permit. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, O'Connor, McKeown,
Mayor Pro Tem Bloom, Mayor Katz
NOES: Councilmember Shriver
ABSENT: None
2402 45h STREET 6-B: Appeal ofLandmarks Commission's denial of reconstruction of
brick work at 2402 4th Street -recommendation to deny appeal and
uphold the Landmarks Commission's denial of certificate of
appropriateness, was presented.
Appe11ant1Applicant Tammy Cameron spoke in support of the appeal.
Members of the public Deborah Levin and Ruthann Lehrer spoke in
opposition of the appeal.
January 8, 2008
Members ofthe public Janres Whilemyer, Penelope Deihl, Sarah Aartle and
Philip Slaughter spoke in support of the appeal.
Ms. Cameron presented a rebuttal to comments made by members of the
public.
Motion by Councilmember Genser. seconded by Councilmember
McKeown, to deny the appeal and uphold the decision of the Landmarks
conunission. The motion was approved by the following vote:
AYES: Coumcilmembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
®RDINANCES: 7-A: Introduction and first reading of an ordinance amending
Municipal Code Section 4.08.025 and 4.08.060 relating to regulation of
beach and water activities at Santa Monica State Beach, was presented.
The following members of the public spoke in opposition to the proposed
regulations and expressed concerns: Christina Andersen, Jennifer Argento,
Sydney Lovelace, Allen King, Rabbi Shifrin, Roberta Brown, Kassia
Filkins, Kem Gordon, Sean Glynn, Carmen Thomas, and Tiffany Kilgore.
Member of the public Mitchell Lachman spoke in support of the proposed
regulations. Members of the public Patrick Murphy, Paulin Paris, and Matt
Rosas commented on various aspects of the proposal and provided
suggestions.
Discussion ensued on the merits of the proposal and on comments made by
members of the public.
The City Attorney advised that after additional review and after receiving
additional input, she recommended the following:
Add to the end of the paragraph at the end of page 3: "that opportunities for
surfing lessons are maximized for all segments ofthe community including
persons ofall ages and economic groups and that instructional opportunities
are diverse including private instruction and classes of various sizes."
Motion by Councilmember Genser, seconded by Mayor Katz. to introduce
the ordinance for first reading, amended with the language provided by the
City Attorney. The motion was approved by the following vote:
January 8, 2008
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
GREEN BUILDING 7-B: Resolution making findings of local climatic, geological and
ORDINANCE topographical conditions; and, introduction and first reading of an
ordinance modifying Municipal Code Section 8.108 related to Green
Building Design; Chapter 7.60 related to construction and demolition
waste handling requirements; and Sections 4.04.10.04.100, and
9.04.10.04.110 related to landscape Irrigation and design standards.
On order of the Mayor, this matter was continued to a future meeting.
RESIDENTIAL PROTESTS?-C: Introduction and first reading of an ordinance establishing
distance requirements ffor targeted residential protests and prohibiting
the use of dangerous sficks and poles in demonstrations.
On order of the Mayor, this matter was continued to a future meeting.
STAFF ITEMS: 8-A: Off-peak parking rates at Library and Civic Garages; free or
LIBRARY AND CIVIC reduced parking rates ffor certain Santa Monica High School events -
GARAGES PARKING recommendation to: adopt a resolution establishing a $3.00 per entry off-
RATES peak parking rates at the Library and the Civic Center; authorize the City
Manager or designee to allow free or reduced rate parking for up to 25
evening events at Santa Monica High School; and authorize the City
Manager or designee to allow free or reduced parking rates for City-
sponsored noticed meetings or events that are free and open to the public.
On order of the Mayor, this matter was continued to a fuhve meeting.
COUNCIL ITEMS: 13-A: Appointment to one annual vacancy on the Pier Restoration
APPOINTMENTS - PRC Corporation with a term ending November 8, ZOll.
On order of the Mayor, the floor was opened for nominations.
Councilmember Genser nominated Anne Elizabeth Biege-Pearson.
There being no other nominations Ms. Biege-Pearson was appointed by
acclamation, with all members present.
January 8, 2008
PRC 13-B: Appointment to one unscheduled vacancy on the Pier
Restoration Corporation Board of Directors for a term ending
November 13, 2010, and one unscheduled vacancy for a term ending
November 10, 2009.
On order of the Mayor, this matter was continued to a future meeting.
BAYSIDE DISTRICT 13-C: Appointment to one unscheduled vacancies on the Bayside
District Corporation for a term ending June 30, 2008.
On order of the Mayor, the floor was opened for nominations for the
Bayside Dishiet.
Manor Katz nominated Randy Brant.
Manor Pro Tem Bloom nominated Deborah Arvesen.
Mr. Brant was appointed by the following vote:
Brant. Councilmembers McKeown, O'Connor, Genser, Shriner,
Holbrook. Mayor Katz
Arvesen: Councilmember Bloom
Councilmember Bloom requested to change his vote to Mr. Brant. Mr.
Brant was unanimously appointed, with all members present.
STATUS OF WOMEN - Appointment to one unscheduled vacancy on the Commission on the
COMMISSION Status of Women for a term ending June 30, 2008.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Trish Moon. There being no other
nominations, Ms. Moon was appointed by acclamation with all members
present.
MEASURER 13-D: Request of Mayor Katz and Mayor Pro Tem Bloom that the
Santa Monica City Council endorse Measure R - "The Campaign to
Protect Quality Schools°' - on the February 5, 2008, ballot, was
presented.
Members of the public Scott Konnath, Mike Gruning, Shari Davis and
Rebecca Kennedy spoke in support of the request.
9 January 8, 2008
Motion by Councilmember Bloom, seconded b~a~or Katz, to approve
request. The motion was unanimously approved by voice vote, with all
members present.
DONATION TO SAMOHI 13-E: Request of Councilmember Genser that the Council make a
SYMPHONY ORCHIvSTRA $25,000 donation on behalf of the City to Santa Monica High Sehoal to
support the school's Symphony Orchestra's performance tour to
Councilmember McKeown Europe in March 2008, was presented.
tivas excused at I1:40 p.m.
Councilmember McKeown requested to be excused in order to avoid the
appearance of a conflict of interest due to his employment by the School
District.
Members of the public Nicole Negrete, Swell Barton, Ilan Ben Meir, and
3oni Swenson spoke in support of the request.
Motion by Cowrcilmember Genser, seconded b~Mavor Katz, to approve
request. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Genser, Shriver, Holbraok,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember McKeown
PUBLIC INPUT: Members of the public Pro Se, M. Ross, Brian Hutchings and doe Natali'
expressed various concerns.
Councilmember McKeown
returned at 11:4.1 p.m.
AD30URNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:00
a.m., in memory of Phila Caldwell and Bob Gabriel.
^A~T\\TE~ST; A~PROV ; j
YJr• ~f> /iD ~ l
Maria .Stewart erb Katz ( ~' ~~
City Clerk Mayor ~
10 7anuary 8, 2008