M-05272008CITY OF' SANTA MONICA
CITY COUNCIL MINUTES
MAY 27, 2008
A regular meeting of the Santa Monica City Council was called to order by Nlayor Katz at 6:05
p.m., on Tuesday, May 27, ?008, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Herb Katz
Councilmember Ken Censer
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:19 p.m.)
Councilmember Bobby Shriver (arrived at 6:36 p.m.)
Absent: Mayor Pro Tem Richard Bloom
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
Acting City Clark Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 6:05 p.m.,
with Councilmembers O'Connor, Shriver and Mayor Pro Tem
Bloom absent. Don Patterson, Assistant to the City Manager for
Management Services, 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.
Cozrncilrnember O'Connor
arrived at 6.• 19 p. m. Members of the public Daniel Jansenson, Michele Modglin, Jerry
Rubin, Joey Fullmer, Kim Baker and Robert Berger commented on
various Consent Calendar items.
At the request of Councilmember Censer, Item 1-K was removed
from the Consent Calendar.
Motion by Councilmember Holbrook, seconded by Mayor Katz, to
approve all items on the Consent Calendar with the exception of
May 27, 2008
Item 1-K, reading resolutions by title only and waiving further
readine thereof.
The motion was approved by the following vote:
AYES: Councilrnembers Holbrook, Genser, O'Connor.
McKeown, Mayor Katz
NOES: None
ABSENT: Councilmember Shriner, Mayor Pro Tem Bloom
1038 21ST STREET 1-A: Resolution No. 10291 {CCS) entitled: "A RESOLUTION
OF THE CITY COUNCII.OF THE CITY OF SANTA MONICA
ACCEPTNG AND APPROVING THE FINAL SUBDNISION
MAP FOR P 4RCEL NO. 68232 TO SUBDNIDE A PROPERTY
AT 1038 21 n STREET, was adopted.
143314Tr` STREET 1-B: Approval of Statement of Official Action denying appeal of
Planning Conunission related to construction of a condominium
project at 1433 14th Street, was approved.
TRANSIT AND TRAFFIC 1-C: Transit Priority System Phase 2, and Advanced Traffic
MA~TAGENIENT Management System Phase 3 -recommendation to authorize the
City Manager to negotiate and execute Contract No. 8927 (CCS)
with Kimley-Horn and Associates, in the amount of $660,000, for
project design services related to the two projects, was approved.
BBB SYSTEM c4c 1-D: Motor Coach Operator Management System and
CUSTOMER SERYICE Customer Service Softfvare - reconmiendation to authorize the
SOFTWARE City Manager to negotiate and execute Contract No. 8928 {CCS)
with Trapeze Software Group, in the amount of $1,570,000, for
sofhvare licensing, installation and maintenance of the program,
with four additional one-year option, was approved.
GRANT AGREEMENTS 1-E: Resolution No. 10292 {CCS) entitled: "A RESOLUTION
FOR BIG BLUE BUS OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO SUBMIT GRANT
APPLICATIONS AND TO EXECUTE GRANT AGREEMENTS
N FURTHERANCE OF TRANSIT SECURITY PROJECTS FOR
THE BIG BLUE BUS,"was adopted.
May 27, 2008
21D AND 4TII STREET 1-F: Pedestrian and Streetseape Impravements Project for
IMPROVEMENTS 2nd and 4th Streets - recommendation to authorize the City
Manager to: negotiate and execute a second amendment to
Contract No. 8353 (CCS) with Zimmer Gtimsul Frasca, in the
amount of $50,000, for a total amount of $572,700, for design
services for the project, was approved.
CHARNOCK WELL 1-G: Charnock Well Field Restoration Project -
RESTORATION recommendation to authorize the City Manager to negotiate and
PROJECT execute athree-year Agreement No. 8929 (CCS), with
WorleyParsons Komex, in the amount of $900,000, for technical
oversight and support services for the project; and appropriate
$900,000 in funds as proposed, was approved.
CITY HALL RETROFIT 1-H: City Hall Seismic Retrofit Project and HVAC
replacement -recommendation to authorize the City Manager to
negotiate and execute an amendment to Contrast No. 8529 (CCS)
with Black & Veatch, in the amount of $223,894, for a total of
$2,126,295, to modify the existing scope, schedule and cost of the
City Hall Seismic Retrofit Project; and to negotiate and execute an
amendment to Contract No. 8725 (CCS) with Black & Veatch, in
the amotmt of $84,848.50 for a total of $405;514.50, modifying the
existing scope, schedule, and post of the City Hall HVAC
Replacement project, was approved.
EMPLOYEE BENEFITS 1-I: City employee benefits consulting services -
CONSULTING SERVICESrecommendation to authorize the City Nlanaeer to negotiate and
execute interim Contract No. 8930 (CCS), with Aon Consulting &
Insurance Service, in the amount of $25,000, for provision of
employee benefits consulting services, was approved.
ABOVEGROUND 1-J: Resolution No. 10293 entitled: "A RESOLUTION OF THE
PETROLEUM STORAGE CITY COUNCIL OF THE CITY OF SANTA MONICA
TANK ACT GRANT AUTHORIZING THE CITY MANAGER TO SUBMIT AND
PROGRAM EXECUTE AGREEMENTS AND ANY AMENDMENTS
THERETO TO IMPLEMENT THE ABOVEGROUND
PETROLEUM STORAGE TANK ACT GRANT PROGRAM".
was adopted.
May 27, 2008
SUPPORT WESTSIDE 1-L: Recommendation to support the Westside Cities COG
CITIES COG legislative platform for 2008-09 that will provide general policy
guidance for the Chair and the Executive Director, was
approved.
NON-SMOKING t-K: Non-smoking ordinance outreach campaign -
ORDINANCE recommendation to authorizE the City Manager to negotiate and
OUTREACH execute a contract with Southard Communications, in the amotmt
of $150,000, to design and implement a comprehensive branding
~tlayor Kaatz was exczased cat and public education program for the City's non-smoking
6:3Qp.nz ordinances, was presented.
Councilmember Shriver Councilmember Censer advised he pulled this item because of
arrived cxt 6: 36 p. m. concern that someone alleged that the public process was not
followed correctly on this bid process. Councilmember Censer
stated that he received email from one of the bidders who raised
the issue that the RFP required experience with campaigns using
Spanish, Asian languages or Japanese with public agencies and the
recommended firm only has experience with Spanish and public
agencies, but no experience with Asian language or Japanese.
Staff responded to Councilmember Censer's concerns.
Motion by Councilmember Genser. seconded b~yor Katz, to
continue this item and have staff reconsider the recommendation.
BREAK IN DISCUSSION
Mayor Katz requested to be excused to make a scholarship
presentation at the High School. He suggested Councilmember
O'Connor assume the Chair during his absence because she had
previously served as Mayor.
Motion by Mavor Katz, seconded by Councilmember Genser. to
appoint Councilmember O'Connor as Acting Mayor during Mayor
Katz's absence. The motion was unanimously approved by voice
cote with Mayor Pro Tem Bloom and Councilmember Shriver
absent.
ITEM CONTINUED
At the request of the Acting voted on Councilmember Censer's motion
Mayor, the City Council related to 1-K and the motion was unanimously approved by voice
Mav 27, 2008
vote, with Couneilmembers
Shriver, Mayor Pro Tem
Bloom and Mayor Katz
absent.
CLOSED SESSIONS: On order of the Acting Mayor, the City Council recessed at 6:34
p.m. to consider closed sessions and returned at 7:18 p.m., with
Mayor Pro Tem Bloom and Mayor Katz absent to report the
following action taken:
2-A: Anticipated Litigation: Anticipate significant exposure
to litigafion Pursuant to Government Code Section 54956.9(b):
161 Ocean Park Boulevard.
ACTION: Not Heard.
2-B: Anticipated Litigation: Anticipate significant exposure
to litigation Pursuant to Government Code Section S495b.9(b):
2300 Wilshire.
ACTION: Not Heard.
2-C: 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-D: Conference with Legal Counsel -Existing Litigation:
United States of America and Peters v. City of Santa Monica,
USDC, Case No. CV08-02695 CW(Ex)
ACTION: Heard. No reportable action taken.
2-E: Conference with Legal Counsel -Existing
Litigation: Abraham Supino v. City of Santa Monica, Lead
Case No. SC 080283 (and Consolidated Actions).
ACTION: Not Heard.
ORDINANCES:
May 27, 2008
FARMERS t14ARKET - 7-B: Second reading and adoption of ®rdinanee No. 2263
INCIDENTAL SALES {CCS) entitled: "_~1N ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MODIFYING
SANTA MONICA MUNICIPAL CODE (SMMC) SECTION
9.04.08.28.040 TO PERMIT THE INCIDENTAL SALE OF
MERCHANDISE AT THE MAIN STREET FARMERS
MARKET BY INDIVIDUAL BUSINESSES IN THE CM MAIN
STREET COMMERCIAL DISTRICT," was presented.
Motion by Councilmember Genser, seconded by Councihnember
Holbrook, 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, Shriven,
Holbrook, Acting Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem Bloom, Nlayor Katz
AUTOMOBILE 7-C: Second reading and adoption of interim Ordinance Na.
DEALERSHIPS 2264 (CCS) entitled: "AN INTERIM ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA
EXTENDING THE INTERIM ORDINANCES MODIFYING
ZONING REGULATIONS PERTAINING TO AUTOMOBILE
DEALERSHIPS, ASSOCIATED AUTOMOBILE PARKING
STRUCTURES AND AUTOMOBILE STORAGE LOTS,
INCLUDING ALLOWING DEVELOPMENT OF AUTOMOBILE
PARKING STRUCTURES AND AUTOMOBILE STORAGE
FACILITIES ASSOCIATED WITH AN ADJACENT
DEALERSHIP ON CERTAIN RESIDENTIALLY ZONED
SITES, ESTABLISHING DEVELOPMENT STANNDARDS,
DESIGN STANDARDS, REVIEW PROCESSES AND
OPERATIONAL STANDARDS, AUTHORIZING
AUTOMOBILE DEALERSHIPS IN THE M1 DISTRICT,
ADJUSTING THE F.A.R. CALCULATION METHODOLOGY,
AUTHORIZE EMPLOYEE PARKING ON EXISTING
INVENTORY LOTS IN THE BCD ZONING DISTRICT AND
MODIFYING THE TEMPORARY USE PERMIT PROVISIONS
FOR DEALERSHIPS", was presented.
Motion by Councilmember Genser, seconded by Councilmember
Holbrook, to adopt tha ordinance, reading by title only and waiving
fiirther reading thereof.
May 27, 2008
The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Sluiver, Denser,
McKeown, Acting Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem Bloom, Mayor Katz
MASSAGE 7-D: Second reading and adoption of Ordinance No. 2265
REGULATIONS (CCS) entitled; "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 6.104 OF THE
SANTA MONICA MUNICIPAL CODE RELATING TO
MASSAGE REGULATIONS," was presented.
Motion by Councilmember Holbrook, seconded by Acting Ma~or•
O'Connor, to adopt the ordinance, reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilnrembers McKeown, Denser. Shriver,
Holbrook, Aeting Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem Bloom, Mayor Katz
WATER 7-E: Introduction and first reading of an ordinance
CONSERVATION amending sections of Chapter 7.16 of the Mnnicipal Code
related to hater conservation, was presented.
Member of the public Joey Fullmer expressed concerns on this
item.
Motion by Councilmember Shriver. seconded by Councilmember
Holbrook, to introduce the ordinance for first reading. The motion
was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Denser,
McKeown, Acting Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem Bloom, Mayor Katz
May 27, 2008
CITY COUNCIL AND SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE
PARKING AUTHORITY PARKING AUTHORITY:
On the order of the Acting Mayor, the regular City Council meeting
recessed to a Special Joint Meeting with the Parking Authority, at
7:29 p.m. with Mayor Pro Tem Bloom and Mayor Katz absent.
PROPOSED MAIN 8-A: Proposed Main Street Sidewalk and Lighting Assessment
STREET ASSESSMENT District -Adoption of Resolution No. 10294 {CCS) entitled: "A
DISTRICT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CALIFORNIA, APPROVING AN ENGINEER'S REPORT
AND DECLARING ITS INTENTION TO ORDER THE FORMATION
OF THE MAIN STREET BUSINESS AREA FESTOON LIGHTING
AND SIDEWALK CLEANING ASSESSMENT DISTRICT AND TO
LEVY AN ASSESSMENT THEREON, AND TAKING CERTAIN
OTHER ACTIONS IN CONNECTION THEREWITH"; recommendation
that the City Council and the Parking Authority authorize respectively the
City Manager and the Executive Director to sign ballots in support of
formation of the Assessment District for the properties that will be
assessed vtrithin the new district, was presented.
Member of the public Joe Pipersky and Gary Gordon spoke in favor of the .
assessment district.
Motion by Councilmember Genser, seconded by Councilmember Shrives,
to adopt Resolution No. 10294 {CCS) declaring its intention setting a
public hearing on July 22, 2008, to consider forming an assessment
district in the Main Street Area, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Shrives, Holbrook;
Acting Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem Bloom, l~layor Katz
Motion bti~ ALrthoritvlCouncilmember McKeown, seconded by Authority/
Councilmember Genser, to authorize the Executive Director and City
Manager respectively to sign ballots in support of formation of the
Assessment District for the properties that will be assessed with the new
district. The motion was appraved by the following vote:
May 27, 2008
AYES: AuthoritylCouncilmembers Holbrook, Shriver, Genser,
McKeow», Acting Chair/Mayor O'Connor
NOES: None
ABSENT: Chair Pro TemlMayor Pro Tem Bloom, Chair/Mayor Katz
On order of the Acting Mayor, the special joint meeting was adjoiuned at
ADJOURNMENT OF 7:36 p.m., and the regular City Cormcil meeting was reconvened, with
SPECIAL JOINT Mayor Pro Tem Bloom and Mayor Katz absent.
MEETING
MEASURE V 8-B: Update on the Status of Pleasure V (Clean Beaches and Ocean
OVERSIGHT Parcel Tax) and adopt Resolution No. 10295 (CCS) entitled: " A
COMMITTEE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING THE MEMBERSHIP, TERMS, SCOPE
AND RESPONSIBILITIES OF THE MEASURE V CITIZENS
OVERSIGHT COMMITTEE: 'and direct staff to proceed with a process
to identify eligible applicants for the Committee to be considered and
appointed by City Council, was presented.
Member of the public Joey Fullmer expressed her concerns on the item.
Motion by Councilmember McKeown seconded by Councilmember
Shriver, to approve the staff recommendation and adopt the resolution,
-- reading by title only and waiving further reading thereof.
Motion to amend by Councilmember Genser to stagger terms, for the
initial establishment of the committee. There would be tcvo members with
a 1-year terns and three members with a 2-year term.
The motion was accepted as friendly by the maker and seconder.
The motion was approved by the following vote:
AYES: Couneilmembers Holbrook, Shriver, Genser, McKeown,
Acting Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem Bloom, Mayor Katz
Mayor Katz returned at 7:54 p.m. and assumed the Chair.
QUALIFIED INITIATIVE 8-C: Qualification of Initiative Petition for Proposed Ordinance
PETITION Entitled Residents' Initiative to Fight Traffic (RIFT) -
recommendation to accept the qualified initiative petition for the proposed
RIFT ordinance and do one of the following: adopt the ordinance; direct
staff to return on Tune 10, ?008, with a resolution and ballot language
May 27, 2008
ll~7ayor Katz returned at placing the measure on the November 4, 2008, municipal election ballot; ,-
?: 54 p. m. or, Council already having directed staff to conduct a study on the
possible impacts of the proposed measure, direct staff to return with the ----
results of that study within 30 days, was presented.
Members of the public Tom Larmore and Bruce Cameron spoke in favor
of the staff recommendation to wait umtil the study returns before making
a decision.
Motion by Couneilmember Genser. seconded by Councilmember
O'Connor, to direct staff to accept the qualified petition and rehun with
results of the study by June 24, 2008. The motion was approved by the
following vote:
AYES: Councilmenibers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Katz
NOES: None
ABSENT: Mavor Pro Tem Bloom
REQUEST TO As a person on the prevailing side, Couneilmember Holbrook requested
RECONSIDER that Item 7-A be reconsidered. Motion by Councilmember Holbrook.
ITEM 7-A seconded by Councilmember O'Connor to reconsider Item 7-A. The vote
was unanimously approved by voice vote with Mayor Pro Tem Bloom
absent.
CIVIC CENTER 7-A: Second reading and adoption of Ordinance No. 2262 {CCS)
VILLAGE -HOUSING entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
DEVELOI'iVIENT OF SANTA MONICA AMENDING SECTIONS 9.04.08.32.010 AND
9.04.08.32.020 OF THE SANTA MONICA MUNICIPAL CODE TO
ALLOW MLYED USE HOUSING AND NEIGHBORHOOD SERVP.VG
USES IN THE CIVIC CENTER DISTRICT AND APPROVING THE
DEVELOPit~IENT AGREEMENT BETWEEN THE CITY OF SANTA
MONICA, A MUNICIPAL CORPORATION, AND RELATEDISANTA
MONICA VILLAGE, LLC FOR THE MDCED USE PROJECT KNOWN
AS THE VILLAGE AT SANTA MONICA," was presented.
Motion by Councilmember McKeown, seconded by Councilmember
O'Connor, to adopt the ordinance, reading by title only and waiving fiu-ther
reading thereof. The motion was approved by the following vote:
AYES: Coumcilmembers Genser, O'Connor, McKeovn,
Mayor Katz
NOES: Councilmembers Shriver
ABSTAIN: Councilmember Holbrook
ABSENT: Mayor Pro Tem Bloom
10 May 27, 2008
RESOLUTIONS: 11-A: Creation of Preferential Parking Zone X beteveen Wilshire and
Santa Monica Boulevards at the east City limits - reconmiendation to
PREFERENTIAL adopt Resolution No. 10296 {CCS) entitled: "A RESOLUTION OF THE
PARKING ZONE X CITY COUNCIL OF THE CITY OF SANTA MONICA EXPANDING
PREFERENTIAL PARKING ZONE X AND AMENDING
RESOLUTION 9344 CCS "PREFERENTIAL PARKING ZONES" BY
REPLACING EXHIBIT A," was presented.
Members of the public Tani Sims, Kelly Maynard, Barbara Beck, Sierra
Pecheur, spoke in opposition of the proposed preferential parking zone, but
some were in favor of the rivo hour meters.
Member of the public Diane Norton, Mark Peacor, Louisa Fish, Sharon
Gorman, Peg Hale, Peter Jensen, spoke in support of the preferential
parking zone.
Motion by Councilmember Genser. seconded by Councilmember
Holbrook, to adopt the resolution, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmember Holbrook, Shriver, Genser, McKeown
NOES: Councilmember O'Connor, Mavor Katz
ABSENT: Mayor Pro Tem Bloom
Motion by Councilmember Holbrook. duly seconded, to direct staff to take
a look at the entire college street area to see if there are unused daytime
parking spaces and bring back any appropriate recommendations.
The vote on the motion was m~animously approved by voice vote with
Mayor Pro Tem Bloom absent.
COUNCIL DISCUSSION 13-A: Appointment to one unscheduled vacancy on the Pier
ITEMS Restoration Corporation Board of (Directors for a term ending
November 10, 2009, was presented.
Motion by Councilmember Genser, seconded by Councilmember
Holbrook, to continue this matter to the next meeting. The motion was
unanimously approved by voice vote with Mayor Pro Tem Bloom
absent.
SUPPORT AB811 13-B: Request of Councilmember Holbrook to support AB 811
{Levine and Beall), a bill to assist in financing the upfront costs of
solar power and other energy efficiency improvements through an
existing public improvement assessment program, by authorizing
cities and counties to provide low Snterest loans to free and willing
I 1 May 27, 2008
property owners with long-term repayments added to their annual
property- Lazes bills, was presented.
Member of the public Brian Hutchings expressed his concerns about the
matter.
Motion by Cotmcilmember O'Connor, seconded by Councilmember
Shriven, to approve the request. The motion was unanimously approved
by voice vote with Mayor Pro Tem Bloom absent.
PUBLIC INPUT: Member of the public Brian Hutchings commented on various issues.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at
8:57 p.m. to JLme 10, 2008.
ATTEST: APPROV D:
,~~~u~-e ~l~it~ -~~
Denise Anderson-Warren Herb Kat
Aeting City Clerk Mayor
12 May 27, 2008