M-042208CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 22, 2008
A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:52 p.m., on
Tuesday, Apri122, 2008, at City Council Chambers, 1685 Main Street.
Roll Ca11: Present: Mayor Herb Katz
Mayor Pro Tem Richard Bloom
Councihember Ken Genser
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Councilmember Bobby Shriver (arrived at 6:06 p.m.)
Absent: Councilmember Robert T. Holbrook
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:52 p.m., with
Councilmembers Holbrook and Shriver absent. Assistant City Clerk
Beth Sanchez 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.
Member of the public Joey Fullmer expressed concern regarding various
Consent Calendar items.
Motion by Councilmember McKeown , seconded by Councilmember
Genser, 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 Genser, O'Connor, McKeown, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers Holbrook, Shriver
Apri122, 2008
MAINTENANCE 1-A: Computerized Maintenance Management System -
MANAGEMENT recommendation to authorize the City Manager to negotiate and execute
SYSTEM Contract No. 8919 (CCS) with Maintenance Connection, Inc., in the
amount of $447,840, for implementation of a computerized maintenance
management system, was approved.
1007 6Tg STREET 1-B: Resolution No.10283 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING
AND APPROVING THE FINAL SUBDIVISION MAP FOR TRACT NO.
062808 TO SUBDIVIDE A PROPERTY AT 1007 SIXTH STREET," was
adopted.
PARKING CITATIONS 1-C: Parking citation processing services- recommendation to authorize
the City Manager to negotiate and execute an amendment to existing
Contract No. 8201 (CCS) with ACS State and Local Solutions, in the
amount of $2,790,000, to conduct parking citation processing services, was
approved.
UTILITY USERS TAX, 1-D: Utility users tax, franchise tax and transient occupancy tax audit
FRANCHISE TAX, and revenue enhancement services -recommendation to authorize the
TRANSIENT City Manager to negotiate and execute an amendment to existing Contract
OCCUPANCY TAX No. 6221 (CCS) with MuniServices LLC to conduct audit and revenue
enhancement services and appropriate an additional $80,000 for Transient
Occupancy Tax audits, was approved.
POLICE INTERCEPTOR 1-E: Purchase of three CNG-powered Police Interceptor Sedans -
SEDANS recommendation to award Bid No. 2944 to Galpin Ford in the amount of
$114,580, to furnish and deliver three CNG powered police interceptor
sedans, was approved.
POLICE INTERCEPTOR 1-F: Purchase of nine gasoline-powered Police Interceptor Sedans -
SEDANS recommendation to award Bid No. 2945 to Downtown Ford Sales, in the
amount of $202,441, to furnish and deliver nine gasoline-powered
interceptor sedans, was approved.
SPECIALTY SPORTS 1-G: Specialty sports camps and classes - recommendation to authorize
CAMPS AND CLASSES the City Manager to negotiate and execute Contract No. 8920 (CCS) with
Surf Academy, in the amount of $233,000; and Contract No. 8921 (CCS)
with Socceropolis, in the amount of $154,000, for specialty sports camps
2 Apri122, 2008
and classes for fiscal year 2008-09, was approved.
ITEM WITHDRAWN 1-H: Item withdrawn.
SPECIAL MEETING- SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE
REDEVELOPMENT REDEVELOPMENT AGENCY:
AGENCY
On order ofthe Mayor, the regular City Council meeting recessed to a joint
meeting with the Redevelopment Agency, at 6:02 p.m., with
Councilmembers Holbrook and Shriver absent.
ROLL CALL OF THE REDEVELOPMENT AGENCY
LEVERAGING OF 1-I: Leveraging of Redevelopment Housing set-aside funds to
REDEVELOPMENT accelerate affordable housing production -recommendation that the
HOUSING FUNDS Redevelopment Agency adopt Resolution No. 506 (RAS) entitled: "A
RESOLUTION OF THE GOVERNING BOARD OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA
Agency/Councilmember AUTHORIZING A LINE OF CREDIT IN AN AMOUNT UP TO
Shriver arrived at 6:06 p.m. $50,000,000 WITH AN OPTION TO INCREASE UP TO $75,000,000
AND AUTHORIZING THE EXECUTIVE DIRECTOR TO CARRY OUT
SUCH AGREEMENT; AND MAKING CERTAIN OTHERFINDINGS IN
CONNECTION THEREWITH"authorizing the Executive Director to enter
into Contract No. 8922 (RAS) with Bank of America and take all necessary
actions to obtain a line of credit in the amount of $50,000,000 for purposes
of accelerating affordable housing development, with an option to increase
the line of credit by an additional $25,000,000; that the Council and the
Redevelopment Agency appropriate $250,000 for origination fees, outside
counsel and fiscal consultants, and appropriate $50,000,000 for affordable
housing developments, pursuant to the line of credit.
Members of the public Joey Fullmer and Pro Se expressed their concerns.
Motion by A~encv/Councilmember McKeown, seconded by
Agency/Councilmember Genser, that the Redevelopment Agency adopt
Resolution No 506 (RAS), reading by title only and waiving further reading
thereof and that the City Council and Redevelopment Agency approve
appropriations.
The Redevelopment Agency and Council approved the motion by the
following vote:
AYES: Agency/Councilmembers McKeown, O'Connor, Genser,
Shriver, Chair/Mayor Pro Tem Bloom, Chair/Mayor Katz
3 Apri122, 2008
NOES: None
ABSENT: Agency/Councilmember Holbrook
SPECIAL MEETING On order of the Mayor, the Special Joint Meeting was adjourned at 6:14
ADJOURNED p.m,andtheregularCityCouncilmeetingreconvenedwithCouncihnember
Holbrook absent.
CLOSED SESSIONS On order of the Mayor, the regular meeting of the Ciry Council
reconvened and then recessed at 6:14 p.m., to consider closed sessions
and reconvened again at 7:10 p.m., with Councilmember Holbrook
absent to report the following:
2-A: Conference with Legal Counsel -Existing Litigation: Friends
of the Earth v. Watson, Case No. C 02 01406 (N. D. Cal.) (global
warming litigation).
ACTION: Heard. No reportable action taken.
2-B: Anticipated Lifigation: Anticipate significant exposure to
litigafion Pursuant to Government Code Section 54956.9(b): 161
Ocean Park Boulevard.
ACTION: Not Heard.
2-C: Anticipated Litigation: Anticipate significant exposure to
litigation Pursuant to Government Code Section 54956.9(b): 2300
Wilshire.
ACTION: Heard. No reportable action taken.
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: City Attorney Marsha Moutrie advised that staff was
directed to move forward with enforcement of the ordinance as adopted
with one exception which would apply to people who fly in or out of the
airport under one set of standards and need to leave on another set of
standards. Staff was also directed to send response to the FAA stating
and explaining the City's position.
2-E: Conference with Labor Negotiator.
City Negotiator: Karen Bancroft, Director of Human
4 Apri122, 2008
Resources
Bargaining Units: Municipal Employees Association(MEA)
Supervisors Team Associates (STA)
United Transportation Union (UTU)
ACTION: Not Heard.
MATTER HEARD OUT
OF AGENDA ORDER
SPECIAL AGENDA
ITEMS:
STUDY SESSION:
WATER AND
WASTEWATER RATES
2-F: Conference with Legal Counsel -Existing Litigation:
Navarro v. City of Santa Monica, Case No. BC 371 548.
Motion by Councilmember Genser. seconded by Mayor Pro Tem Bloom,
to approve Settlement No. 8923 (CCS) in the amount of $40,000 to
plaintiff Navarro. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember Holbrook
2-G: Conference with Legal Counsel -Existing Litigation: Baer v.
City of Santa Monica, Case No. SC 091 814.
ACTION: Heard. No reportable action taken.
At the request of the Mayor, and with Council consensus, items 4-A and
4-B were considered out of order.
4-A: Mayor Katz issued a proclamation declaring May 2008 as
Older Americans Month in the City of Santa Monica.
4-B: Mayor Katz issued a proclamation declaring May 2008 Fair
Housing Month in the City of Santa Monica.
3-A: Presentation on Water and Wastewater Rate Studies and
Discussion of Proposed Rate Changes.
Staff presented a report on water and wastewater rate studies. Council
asked questions of staff.
Members of the public Joey Fullmer and Louisa E. Fish expressed their
concerns.
Motion by Councilmember McKeown, seconded by Councilmember
O'Connor, to direct staff to continue with the process for approval of new
Apri122, 2008
water and wastewater rate changes, including the option of utilizing the
MTBE settlement cash infusion.
Discussion ensued regarding the main motion.
Substitute Motion by Councilmember Genser, seconded by Mayor Katz,
to direct staff to continue with the process for approval of new water and
wastewater rates without utilizing MTBE settlement funds.
After discussion, Councilmember McKeown withdrew his motion.
The substitute motion, which became the main motion, was approved by
the following vote:
AYES: Councilmembers Shriver, Genser, O'Connor, McKeown,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember Holbrook
CONTINUED ITEMS:
SANTA MONICA 5-A: Request by Mayor Herb Katz to review and discuss whether
MALIBU UNIFIED the Santa Monica Malibu Unified School District has met the
SCHOOL DISTRICT conditions placed by City Council on June 12, 2007, regarding the
$529,779 increase to the base payment of the Master Facility Use
Agreement, was presented.
Councilmember McKeown Councilmember McKeown requested to be excused from this matter due
was excused at 8: 07 p.m. to a potential conflict of interest.
Santa Monica Malibu Unified School District Superintendent Talarico
discussed the results of an independent audit, efforts regarding a special
education 5-year improvement plan, and status of settlement agreements
and confidentiality clauses. Superintendent Talarico requested that
Council hold the funds for approximately 30 days until she obtains more
information and presents recommendations to the Board of Education .
Council asked questions of Superintendent Talarico.
Members of the public Ken Haker, Henry Shapiro, Chris Chandler, Debra
Shepherd, Meredith Hight, Tricia Crane, Mati Laan, Lee Jones, Richard
Milanesi, Rebecca Kennerly, Catherine Eldridge, Claudia Landis,
Veronica Roth, and Amy Bronell spoke regarding a variety of issues
including, but not limited to, the independent audit, unequal treatment of
6 Apri122, 2008
special education pazents and students, special education settlement
agreements, confidentiality clauses, and in favor of Council withholding
funds from the School District until Council's conditions have been met.
Discussion ensued. School Board President Oscar de la Torre
commented on the recent School Board's direction to staff concerning
settlement agreements and confidentiality clauses.
On order of the Mayor, and with consensus of Council, this item was
continued for approximately 30 days, as requested by Superintendent
Talarico, to return as a 5-item.
ADMINISTRATIVE
2617 3'd STREET 6-A: Appeal of Landmarks Commission technical denial of
Certificate of Appropriateness for an addition to anon-contributing
Councilmember McKeown structure at 2617 3rd Street -recommendation to uphold appeal and
returned at 9:42 p. m. approve Certificate of Appropriateness application for 1,213 square foot
addition to anon-contributing structure based on proposed draft findings,
was presented.
Appellant/Applicant Mazk Woollen, and his representative, Michael
Folonis, spoke in support of the appeal and the proposed project.
Members of the public Chloe Chung, Chad Misner, Craig Protzel, Ben
Chavda, Alia Little, Dylan O'Neil, John Berley, Sohini Sengupta, Alex
Cuthbertson, Scott Mitsui, Joshua Woollen, Ralf Leeb, Michelle Cardiel,
Daniel Lee, Dennis Allard, Hank Koning, Jennifer Medina, Lynn Robb,
Matthew Goodman, Bazbaza Kaplan, Ian Kelly, Aaron Sowd, James
Denning, Melody White, Suzanne Willard, Alan Koch, Heidi Wilder,
Mazk Gorman, Douglas Baily, Erin Fotos, and Nick Denty spoke in
support of the project.
Councilmember Shriver was Members of the public Lisa Langlois, Mazgazet Bach, Sheelagh
excused at 12:05 a. m. O'Connor, Dick Orton, Adam Finkel, Sherrill Kushner, Ed Harker, Zina
Josephs, Nina Fresco, Mazio Fonda-Bonazdi, Meredith Masters, Susan
Cope, Colleen Creedon, Candra Docherty, Tony Haig, Jim Bianco, Dan
Freund, Scott Campbell, Larry Graber, Bruce Johnston, Karen Blechman,
Corey Blechman, Sophie Blechman, Lisa Mead, Bea Nemlaha, Roger
Genser, Bruria Finkel, Emily Kroll, Mike Feinstein, Susan Hartley,
Catherine Eldridge and Jennifer Krinz spoke in opposition to the project.
Applicant/appellant presented a rebuttal to public comment.
Apri122, 2008
On order of the Mayor due to the lateness of the hour, this item was
continued to Apri129, 2008.
Councilmember McKeown stated for the record that the continuation of
the item is not by consensus of the Council and is under duress because
of Councilmembers threatening to leave the meeting and break quorum.
SMOKING 7-A: Second reading and adoption of Ordinance No. 2259 (CCS)
PROHIBITIONS entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 4.44 OF THE
Councilmember O'Connor SANTA MONICA MUNICIPAL CODE ON SMOKING TO MAKE
was excused at 12:31 a. m. BUSINESS OWNERS AND MANAGERS LIABLE UNDER
CERTAIN CIRCUMSTANCES, REQUIRE POSTING OF NO
SMOKING SIGNS, REDUCE THE AMOUNT OF FINES, AND
PROHIBIT SMOKING ON PUBLIC LIBRARY PROPERTY", was
presented.
Motion by Councilmember McKeown, seconded by Mayor Katz, to
adopt the ordinance, reading by title onlyand waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Genser, McKeown, Mayor Pro Tem
Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers Holbrook, Shriver, O'Connor
LIVING WAGE 7-B: Second reading and adoption of Ordinance No. 2260 (CCS)
EXEMPTION entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 4.65.030 RELATING TO LIVING
WAGE EXEMPTION", was presented.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
Bloom, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Mayor Pro Tem
Bloom, Mayor Katz
Apri122, 2008
NOES: None
ABSENT: Councilmembers Holbrook, Shriver, O'Connor
GREEN BUILDING 7-C: Second reading and adoption of Ordinance No. 2261 (CCS)
ORDINANCE entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 8.108 OF
THE SANTA MONICA MUNICIPAL CODE RELATED TO
GREEN BUILDING DESIGN, CHAPTER 7.60 RELATED TO
CONSTRUCTION AND DEMOLITION WASTE HANDLING
REQUIREMENTS, AND SECTIONS 9.04.10.04.100 AND
9.04.10.04.110 RELATED TO LANDSCAPE IRRIGATION AND
DESIGN STANDARDS", was presented.
Motion by Councihnember McKeown. seconded by Councilmember
Genser, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Genser, McKeown, Mayor Pro Tem
Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers Holbrook, Shriver, O'Connor
MASSAGE 7-D: Introduction and first reading of an ordinance amending
REGULATIONS Municipal Code Chapter 6.104 to clarify and update the City's
massage regulations to better conform them to community needs and
current case law.
On order of the Mayor, this item was continued to a future meeting.
SIGNS AND HANDBILLS 7-E: Introduction and first reading of an ordinance amending
Municipal Code Sections 9.52.020, 9.52.030, 9.52.120, 9.52.130,
9.52.140, and 9.52.150 and adding Municipal Code Sections 9.52.125,
and 9.52.135 relating to signs and deleting Section 4.08.700 requiring
attribution on handbills to conform the Code to the requirements of
current case law, to address temporary signage, and to clarify
existing law; discussion of City sign policy.
On order of the Mayor, Mr. Pro Se was allowed to comment on this
matter.
On order of the Mayor, this item was continued to a future meeting.
Apri122, 2008
MAIN STREET 7-F: Introduction and first reading of an ordinance modifying
FARMERS MARKET Section 9.04.08.28.040 of the Municipal Code -Conditionally
Permitted Uses in the Main Street Commercial District to permit the
incidental sale of merchandise at the Main Street Farmers Market by
individual businesses located in the district.
On order of the Mayor, this matter was continued to May 13, 2008.
STAFF ITEMS:
CAROB TREES 8-A: Removal and replacement of declining carob trees -
recommendation that the City Council appropriate $395,000 for the
removal and replacement of approximately 300 declining carob trees and
the specialized pruning of an additiona1330 carob trees.
With the consensus of those members present, this item to be deferred to
late May.
COUNCIL ITEMS:
PIER RESTORATION 13-A: Appointment to one unscheduled vacancy on the Pier
CORPORATION Restoration Corporation Board of Directors for a term ending
November 10, 2009.
On order of the Mayor, this item was continued to a future meeting.
COUNCIL RULES 13-B: 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 item was continued to a future meeting.
PARADE ROUTES 13-C: Request of Councilmember Genser to request that the staff
return with an ordinance to permit minor adjustments to the
established parade routes, was presented.
Motion by Councilmember Genser, seconded b~yor Katz, to approve
request. Motion approved by voice vote with Councilmembers
O'Connor, Shriver, and Holbrook absent.
AB 811 13-D: Request of Councilmember Holbrook to support AB 811
(Levine and Beall), a bill to assist in financing the upfront costs of
10 Apri122, 2008
solar power and other energy efficiency improvements through an
existing public improvement assessment program, by authorizing
cities and counties to provide low interest loans to free and willing
property owners with long-term repayments added to their annual
property taxes bills.
On order of the Mayor, this item was continued to a future meeting.
PROPOSITIONS 98 13-E: Request of Councilmember O'Connor to direct staff to
AND 99 prepare a resolution opposing Proposition 98 and a resolution
supporting Proposition 99, was presented.
Motion by Councilmember McKeown. seconded by Councilmember
Genser. to approve request and agendize as an 8 or 11 Item. Motion
approved by voice vote with Councilmembers O'Connor, Shriver, and
Holbrook absent.
PUBLIC COMMENT Members of the public Pro Se, M. Ross, Jolie Wolff, Bob Wolff, and
Primo De Jesus expressed various concerns.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:41
a.m. in memory of Dorothy Genser and Rayburn "Ray" Martin Knabe.
ATTEST
it
~Beth~Sanchez
Assistant City Clerk
11 Apri122, 2008