M-06242008CITY OE 5ANTA MONICA
CITY COUNCIL MINUTES
JUNE 24, 2008
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem Bloom at
6:04 p.m., on Tuesday, Jtine 24, 2008, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pro Tem Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Coumor
Absent: Mayor Herb Katz
Councilmember Bobby Shriner
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 6:04
p.m., with Councilmember Shriner and Mayor Katz absent. Ben
Franz-Knight led the assemblage in the Pledge of Allegiance.
CONSENT CALENDARc All items were considered and approved in one motion unless removed
by a Councilmember for discussion_
Member of the public Joey Fullmer expressed various concerns.
At the request of Councilmember McKeown, Item 1-C was removed
from the Consent Calendar.
Item 1-E was withdrawn at the request of staff.
Motion by Councilmember Holbrook seconded by Councilmember
Genser, to approve all items on the Consent Calendar as presented except
for 1-C and 1-E, reading resolutions by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser,
Jrne 24, 2008
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councihnember Shriven, Katz
MINUTES 1-A: The minutes of the May 20, 2008, City Council meeting were
approved as submitted.
PRC BUDGET AND 1-B: Santa Monica Pier Restoration Corporation 2007/2008
WORKPLAN Budget and Workplan - recommendation to approve the proposed
budget and work plan, was approved.
ENGINE OVERHAUL 1-D: Engine overhaul services on transit coaches -recommendation
SERVICES -BBB to award Bid No. 2942 to Pedco in the amount of $450,'780, to provide
engine overhaul services on transit coaches. The award shall be for a
one-year period with three additional one-year renewal options, was
approved.
BIODIESEL 1; UEL 1-E: Purchase of Biodiesel Fuel - recommendation to award Bid No.
2922 to General Petrolemn, in the amount of $3,437,500 to supply and
deliver biodiesel fuel for city vehicles, generators and small engine
equipment that operate on diesel fiiel.
On order of the Mayor, and at the request of staff this matter was
withdrawn.
HOMELESS OUTREACH 1-F: 3oint Homeless Outreach Service Provider -recommendation
to authorize the City Manager to negotiate and execute Contract No.
8938 (CCS) with The West Coast Care Foundation, in the amoLmt of
$250,000, to provide outreach services to homeless persons in
conjunction with the Police Department, was approved.
SUSTAINABLE LOCAL 1-G: Strategy for a Sustainable Local Economy -recommendation
ECONOMY to authorize the City Manager to negotiate and execute Contract No.
8939 (CCS) with Earthvoice Strategies, in the amount of $135,000, to
produce the Santa Monica Strategy for a Sustainable Local Economy,
was approved.
ANNENBERG COMMU- 1-H: Concession agreement for Annenberg Community Beach
NITY BEACH HOUSE House -recommendation to authorize the City Manager to negotiate and
execute Agreement No. 8940 (CCS) with Fred Deni and James Christel
for the food service and beach equipment rental concession at the
Annenberg Community Beach House, was approved.
EMERGENCY 1-I: °'Seven Days" emergency preparedness campaign grant funds
2 June 24. X008
PREPAREDNESS - recommendation to authorize the City Manager to accept $0,000 in
Homeland Seciuity grant funds and authorized proposed budget changes,
was approved.
RECORDS RETENTION 1-J: Resolution No. 10314 {CCS) entitled: "A RESOLUTION OF
SCHEDULE THE CITY OF SANTA MONICA APPROVING REVISIONS TO THE
CITY-WIDE RECORDS RETENTION SCHEDULE," was adopted.
CLEAN BEACHES AND 1-K: iVieasure V {Clean Beaches and Ocean Parcel Tax) priority
OCEAN PARCEL TAX objectives - reconmiendation to authorize the City Manager to negotiate
OB.IECTIVES and execute Contract No. 8941 (CCS) with Black and Veatch, in the
amount of $350,000, to provide concept studies and expenditure analysis
for priority Measure V funded projects; and authorize the proposed
budget ehanaes, was approved.
LOBBYING SERVICES 1-L: Federal Representative and Lobbying Services - recommen-
dation to authorize the City Manager to negotiate and execute Contract
No. 8942 {CCS) with The Ferguson Group, in the amount of $76,000
including expenses not to exceed $4000, for Federal representative and
lobbying services, was approved.
SUPERVISORY TEAIWI 1-M: Resolution No. 1031 {CCS) en#itled: "A RESOLUTION OF
ASSOCIATES THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDNG WITH THE SUPERVISORY TEAM
ASSOCIATES," was adopted.
BAYSIDE DISTRICT 1-C: Wayside District Corporation's Operations and vIarketing
MARKETING PLAN AND Plan and Budget for FY 2008-04 -recommendation to approve the
BUDGET Bayside District Corporation's proposed operations and marketing plan,
was presented.
Comlcilmember McKeown advised he removed this item from the
Consent Calendar to ask whether there is a proposed outback to the
maintenance on the Promenade. Staff advised a report would be
provided to Council with the required information.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to approve recommendation. The motion was approved by the
followring vote:
AYES: Coineilmembers McKeown, O'Connor, Genser,
June 24.2008
Holbrook, Mayor Pro Tem Bloom
NOES: None
ABSENT: Councilmember Shriver, Mayor Katz
CLOSED SESSIONS: On order of the Mayor Pro Tem, the City Council recessed at 6:26 p.m.,
to consider closed sessions and returned at 7:37 p.m., with
Councilmember Shriver and Mayor Katz absent, to report the following:
2-A: Conference with Labor Negotiator.
City Negotiator: Karen Bancroft, Director of Human
Resources
Bargaining Units: Municipal Employees Association
Supervisory- Team Associates
United Transportation Union
ACTION: Heard. No reportable action taken.
2-B: Conference with Legal Counsel -Existing Litigation: In the
Matter of Compliance with Federal Obligations by the City of Santa
Monica. California, EAA Docket No. 15-02-08 and City of Santa
Monica v. Solco, et al., USCA 9"' Circuit Case No. 08-72192.
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel -Existing Litigation: United
States of Ameriea and Peters v. City of Santa Monica, USDC,
Case No. CV08-02695 CW(Ex) and USCA 9th Circuit Case No.
08-55869.
ACTION: Heard. No reportable action taken.
2-D: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 5~4956.9(b): 161
Ocean Park Boulevard.
ACTION: Heard. No reportable action taken.
2-B: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b): 2300
Wilshire.
ACTION: Heard. No reportable action taken.
STUDY SESSION: 3-A: Report on effect of the proposed Instiative Measure to Amend
E
June 24.2008
the Land Use Element of the General Plan to Establish an Annnal
Limit on Commercial Development within Santa Monica through
2023, was presented.
The following members of the public expressed various concerns on the
points made during the presentation. Jerry Rubin, Jacob SanmeI, Jan
Ludinski, Diana Gordon, Mary Marlow, Ted Winterer, Lorraine Sanchez,
Susan Hartley, Zina Josephs, Sherrill Kusher, Mark Kreher, and Tom
Larmore.
On order of the Mayor Pro Tem, the information was received and filed.
SPECIAL ITEMS: 4-A: On behalf of the City Council, Mayor Pro Tem Bloom
recognized the Santa Monica High School Boys Soccer team for their
undefeated season, winning C1F D. IV, and CIF D. I Southern State
Regional Championship.
ORDINANCES: 7-A: Introduction and first reading of an ordinance amending
SIGN ORDINANCE Municipal Code Sections 9.52A20, 9.52.030, 9.52.120, 9.52.130,
9.52.140, and 4.52.150 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 canform the Code to the requirements of
current case law, to address temporary signage, and to clarifir
existing law; discussion of City sign policy and possible additional
Sign Code modifications.
On order of the Mayor Pro Tem, due to the lateness of the hour, this
matter was continued to a future meeting.
CAMPAIGN 7-B: Introduction and first reading of an ordinance modifying
CONTRIBUTIONS Municipal Code provisions regulating campaign contributions and
suggestions regarding possible future modifications.
On order of the Mayor Pro Tem, due to the lateness of the hour, this
matter was continued to a future meeting.
SMOKING ORDINANCE 7-C: Introduction and first reading of an ordinance amending
Chapter 4.44 of the Municipal Code on smoking to prohibit smoking
in common areas of multi-unit residential properties; and adding
Chapter4.45 to the Municipal Code to create a tobacco retailer
licensing program; recommendafion'to adopt resolution supporting
local and statewide laws that prohibit the sale and promotion of
tobacco products in pharmacies and drugstores in California, and
urging local pharmacies and drugstores not to sell or promote
June 24, 2008
tobacco products; and informational update on other potential areas
of smoking regulation in multi-unit residential properties.
On order of the Mayor Pro Tem, due to the lateness of the hour, this
matter was continued to a fiihtre meeting.
STAFF ITEMS: 8-A: Proposed Beach Butler Service at Ferry's Cafe Beach
Concession -recommendation to authorize the City Manager to negotiate
and execute an amendment to Contract No. 8598 (CCS} for Ferry's Cafe
to pilot a "Beach Butler" seiti~ice for the public, was presented.
There was no one present for public comment.
Motion by Councilmember Holbrook. seconded by Councilmember
O'Connor, to approve recommendation. The motion was approved by
the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser,
Holbrook. Manor Pro Tem Bloom
NOES: None
ABSENT: Councilmember Shriner, Mayor Katz
VIDEO SERVICE 8-B: Resolution No. 10316 {CCS) entitled: `°A RESOLUTION OF
FRANCHISE FEES THE CITY OF SANTA MONICA SETTING FRANCHISE FEES FOR
HOLDERS OF STATE VIDEO SERVICE FRANCHISES AT 3% OF
GROSS REVENUES," was presented.
There was no one present for public comment
Motion by Councilmember Holbrook, seconded by Councilmember
O'Connor, to adopt the resolution, reading by title only and waiving
fiirther reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser,
Holbrook, Mayor Pro Tem Bloom
NOES: None
ABSENT_ Councilmember Shriner, Mayor Katz
BAYSIDE LEASING 8-C: Amendment of Bayside Leasing Guidelines -recommendation
GUIDELINES to approve the proposed amendments to the leasing guidelines, was
presented.
There was no one present for public comment.
June 24.2008
Motion by Councilmember Censer, seconded by Councilmember
O'Connor, to approve recommendation. The motion was approved by
the following vote:
AYES: Councilmembers McKeown, O'Connor, Censer,
Holbrook, Mayor Pro Tem Bloom
NOES: None
ABSENT: Councilmember Shrives, Mayor Katz
BALLGT MEASURE TO $-D: Initiative measure proposing to amend the Land Use Element
AMEND THE LAND USE of the General Plan to establish an annual limit an commercial
ELEMENT development through 2023 -recommendation to adopt the proposed
measure without alteration; or adopt Resolution No. 10317 (CCS)
entitled "A RESOLUTION OF THE CITY OF SANTA MONICA
SUBMITTING TO THE VOTERS AN INITIATIVE MEASURE
PROPOSING TO AMEND THE LAND USE ELEMENT OF THE
GENERAL PLt1N OF THE CITY OF SANTA MONICA AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY.
NOVEMBER 4, 2008, AND AUTHORIZING CITY COUNCIL
MEMBERS TO FILE WRITTEN ARGUMENTS FOR OR AGAINST
THE PROPOSITION AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE." was
presented.
Members of the public Jerry Rubin, Bruce Cameron, Tom Larmore and
Diana Gordon spoke in support of placing the measure on the ballot.
Motion by Councilmember McKeown. seconded by Councilmember
O'Connor, to adopt the resolution reading by title only and waiving
further reading thereof; and, designating Councilmembers Holbrook and
O'Connor to w=rite an argument in opposition of the measure, and
Councilmember McKeown to write an argument in favor of the measure.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Censer,
Holbrook. Mayor Pro Tem Bloom
NOES: None
ABSENT: Councilmember Shrives, Mayor Katz
LAND USE AND $-E: Land Use and Circulation Element (LUCE) Strategy
CIRCULATION Framework -recommendation that Coumcil review= the LUCE Strategy
ELEMENT STRATEGY Framework, and endorse the Framework with appropriate comments and
direct the staff to proceed with economic, transportation and
environmental analysis and evaluation.
,Tune 24, 2008
On order of the Mayor Pro Tem, this matter was contimied to a future
meeting.
WRITTEN REOUESTS: 12-A: Request from Treesavers Group that Cauncil begin a process
to establish a City of Santa Monica Urban Forestry Commission.
On order of the Mayor Pro Tem, this matter ~~-as continued to a future
meeting.
COUNCIL ITEMS: 13-A: Appointment to one annual vacancy on the Personnel Board
for a term ending June 30, 2011. {Continued from June 10, 2008)
On order of the Mav_ or Pro Tem, this matter was continued to a future
meeting.
APPOINTMENTS 13-B: Annual Appointments to Boards and Commissions for terms
ending June 30, 2008.
Board(Commission No. of Appts. Ter m Ending
Airport Commission 1 6/30/2012
Architectural Review Board 2 6/30/2012
Arts Commission 6 6!3012012
Bayside District Corporation 1 6/30/2012
Building and Safety 2 6/30/2012
Com. for the Senior Community 2 6!30!2012
Commission -Status of Women 2 6130/2012
Disabilities Commission 3 6/30/2012
Housing Commission 1 6130/2012
Landmarks Commission 2 6/30/2012
Library Board 1 6/30/2012
Personnel Board 1 6/30/2012
Planning Commission 2 6/3012012
Recreation & Parks Commission 3 6/30/2012
Social Services Commission 2 6/30!2012
On order of the Mayor Pro Tern, this matter was continued to a future
meeting.
RESIGNATIONS On order of the Mayor Pro Tem, Items 13-C, 13-D, and 13-E, were
considered concurrently.
13-C: Recommendation to accept Mark Young's resignation from
the Airport Commission and authorize the City Clerk to publish the
vacancy.
8 June 24, 2008
13-D: Recommendation to accept Elizabeth Riel's resignation from
the Commission on the Status of Women and authorize the City
Clerk to publish the vacancy.
li-E: Recommendation to accept Heather Briggs resignation from
the Commission on the Status of Women and authorize the City
Clerk to publish the vacancy.
Motion by Councilmember O'Connor. seconded by Councilmember
Genser, to approve recommendation for the above three items. The
motion was unanimously approved by voice vote, with Councilmember
Shriver and Mavor Katz absent.
PUBLIC INPUT: Members of the public Denise Barton, M. Ross, Pro Se, Willow Evans
and Jennifer Comad discussed various subjects and expressed concerns.
ADJOURNMENT: On order of the Mayor Pro Tem, the City Council meeting was
adjourned at 11:53 p.m., iii memory of Oscar Campana.
ATTEST: ROVED:
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Marra M. Stew Richard Bloom
City Clerk
Mayor Pro Tem
June 2d, 2008