M-07082008CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 8, 2008
A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:55 p.m., on
Tuesday, July 8, 2008, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Herb Katz
Mayor Pro Tem Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Pam O'Connor
Councilmember Bobby Shriver (arrived at 6:03 p.m.)
Absent: Councilmember Kevin McKeown
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:55 p.m., with
Councilmembers Shriver and McKeown absent. Miriam Mack,
Economic Development Manager, 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 Jerry Rubin and Joey Fullmer commented on
Consent Calendar items.
At the request of Councilmember Genser, Item 1-C was removed from
the Consent Calendar. At the request of Mayor Katz, Item 1-B was
removed from the Consent Calendar.
Motion bv_Councilmember Holbrook, seconded by Councilmember
O'Connor, to approve all items on the Consent Calendar as presented
except Items 1-B and 1-C, reading resolutions by title only and waiving
further reading thereof The motion was approved by the following vote
AYES: Councilmembers O'Connor, Genser, Holbrook, Mayor
July 8, 2008
Pro Tem Bloom, Mayor Katz
NOES: None ',
ABSENT: Councilmembers Shriver, McKeown
MINUTES 1-A: The minutes May 21, 22, 27, June 10, and June 17, 2008, City
Council meetings were approved as submitted.
PANHANDLING 1-D: Panhandling Education and Alternative Giving Campaign -
EDUCATION recommendation to authorize the City Manager to negotiate and execute
an amendment to Contract No. 8895 (CCS) with GMMB, in the amount
of $237,000 for a total amount of $337,000, for additional services
related to the project, was approved.
2930 COLORADO 1-E: Tenant impact report and relocation plan related to closure of
VILLAGE TRAILER Village Trailer Park at 2930 Colorado -recommendation to authorize
PARK the City Manager to negotiate and execute Contract No. 8944 (CCS) with
Del Richardson & Associates, in the amount of $86,500, for preparation
of a tenant impact report, including a relocation plan, related to the
closure of the Trailer Park, was approved.
TRANSIT COACH GAS 1-F: Refurbishment of transit coach gas tanks -recommendation to
TANKS award Bid No. 2911 to AFV Fleet Services, in the amount of $775,000
for athree-year term, to refurbish liquefied natural gas tank systems and
related components on transit coaches for the Big Blue Bus, was
approved.
WASTEWATER RATES 1-G: Financial analysis and development of wastewater rates -
recommendation to authorize the City Manager to negotiate and execute
an amendment to Contract No. 8726 (CCS) with Raftelis Financial
Consultants, Inc., in the amount of $4,665, for additional financial
analysis related to the project, was approved.
URBAN AREA 1-H: Acceptance and appropriation of Urban Area Security
SECURITY GRANT Initiative Grant Funds -recommendation to authorize the City Manager
FUNDS to accept $273,800 in FY 2007 Grant Funds, approve proposed
appropriations and authorize the proposed budget changes, was approved.
LEASE OF SPACE AT 1-I: Lease of space at 3011 Airport Avenue and 3159 Donald
THE AIRPORT Douglas Loop South at the Santa Monica Airport -recommendation
to authorize the City Manager to negotiate and execute Lease Agreement
Nos. 8945 and 8946 (CCS), with two existing specialty fixed base
operators, Justice Aviation and Santa Monica Aviation, providing for the
continued operation of their business activity.
July 8, 2008
CANCELLATION OF 1-J: Recommendation to cancel the regular City Council Meetings
COUNCIL MEETINGS for August 12, and August 26, 2008, was approved.
LEASE OF SPACE FOR 1-K: City TV Space at 165419th Street -recommendation to
CITY TV authorize the City Manager to negotiate and execute Lease No. 8947
(CCS) with Guntram & Liane Ossa Trust for 4,700 square feet at 1654
19"' Street, for aten-year term beginning November 1, 2008, for use as a
broadcast production facility and office space for City TV, was approved.
CINEMA PLANNING 1-B: Cinema planning and development consulting services -
SERVICES recommendation to authorize the City Manager to negotiate and execute
an amendment to Contract No. 8943 (CCS) with IJM Enterprises, in the
Councilmember Shriver amount of $50,000, for consulting services for potential redevelopment
arrived at 6.'03 p. m. of cinemas in the Bayside District, was presented.
Mayor Katz advised he removed this item from the Consent Calendar to
ask questions related to the RFP and the services being required in this
contract. Staff responded to questions and provided information.
Motion b~avor Katz, seconded by Councilmember Censer, to approve
recommendation. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, O'Connor, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: Councilmember McKeown
CUSTODIAL SERVICES 1-C: Extension of Custodial Services Contract at Public Safety
FOR PUBLIC SAFETY Facility -recommendation to authorize amonth-to-month extension of
FACILITY the custodial services contract with L.A. Cha Maintenance Company, at a
new monthly rate of $19,573 not to exceed $97,865, at the Public Safety
Facility through November 30, 2008, was presented.
Councilmember Censer advised he removed this item from the Consent
Calendar to note his concern regarding the absence of a policy of when to
contract out for services and when to do in-house. The City Manager
responded to Councilmember Censer's concern.
Motion by Councilmember Censer. seconded by Mavor Pro Tem Bloom,
to approve recommendation. The motion was approved by the following
vote:
July 8, 2008
AYES: Councilmembers O'Connor, Genser, Shriver, Holbrook,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember McKeown
CLOSED SESSIONS:
Members of the public Pro Se and Denise Barton commented on Closed
Session items.
On order of the Mayor, the City Council recessed at 6:20 p.m., and
reconvened at 7:03 p.m., with Councilmembers McKeown and Shriver
absent, to report the following:
2-A: Public Employee Evaluations.
Title of Employee: City Manager
ACTION: Not Heard.
2-B: 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-OS 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 America and Peters v. City of Santa Monica, USDC, Case
No. CV08-02695 CW (Ex) and USCA 9"' Circuit Case No. 08-55869.
ACTION: Heard. No reportable action taken.
2-D: Anticipated Litigafion: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b): 161
Ocean Park Boulevard.
ACTION: Not Heard.
2-E: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b): 2300
Wilshire.
ACTION: Not Heard.
July 8, 2008
2-F: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b): Los
Angeles County Property Tax Administrative Costs for the City of
Santa Monica
ACTION: Heazd. No reportable action taken.
2-G: Conference with Legal Counsel regarding Claim No. 08-4788
- Claimant's name: Ronald Rabatslcy.
Motion by Mayor Katz, seconded by Councilmember O'Connor, to
approve Settlement No. 8948 (CCS) in the amount of $31,101.63. The
motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, O'Connor, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers McKeown, Shriven
2-H: Conference with Legal Counsel -Existing Litigation: Ahdi
Reddy v City of Santa Monica, U.S. District Court Case No. CV 07-
6771 ABC (MANx).
Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom,
that plaintiff Big Blue Bus driver to be allowed to wear turban for work
as long as it's worn consistently; Mr. Reddy in turn, to dismiss claim and
waive attorney's fees and damages. The motion was approved by the
following vote:
AYES: Councilmembers O'Connor, Genser, Holbrook, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers McKeown, Shriven
STUDY SESSION: On order of the Mayor, Item 3-A and 8-C to be heard concurrently.
HOMELESS UPDATE
3-A: Homeless Update: Presentation on the Status of Efforts to
Councilmember Shriven Address Homeless Veterans from Local Representatives of the
returned at 7:08 p. m. Federal Department of Veterans Affairs, was presented.
8-C: Recommendation to adopt Resolution No. 10320 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
ADVOCATING THAT THE VETERANS ADMINISTRATION
EXPEDITE THE USE OF THREE BUILDINGS ON THE WEST LOS
July 8, 2008
ANGELES VETERANS ADMINISTRATION CAMPUS FOR LONG
TERM THERAPEUTIC HOUSING FOR HOMELESS VETERANS,"
was presented.
Members of the public Tim Cantwell and Jerry Rubin commented on the
subject presented.
Discussion was held. Staff responded to questions from
Councilmembers.
Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom,
to adopt resolution, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, O'Connor, Mayor
Pro Tem Bloom, Mayor Katz
NOES: Councilmember Shriver
ABSENT: Councilmember McKeown
Councilmember Shriver stated, for the record, that he voted against the
motion because the homeless are still not receiving proper assistance,
many incidents against the homeless are reported and the process is too
lengthy.
STAFF ITEMS: On order of the Mayor, the regular City Council meeting recessed to a
PARKING STRUCTURES special joint meeting with the Redevelopment Agency at 8:40 p.m., with
7 & 8 -IMPROVEMENTS Councilmember McKeown absent.
8-A: Fagade improvements and attendant parking program for
Parking Structures 7 and 8 -recommendation that the City Council and
the Redevelopment Agency adopt respective resolutions entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA/REDEVELOP-
MENT AGENCY FINDING THAT THE PROPOSED IMPROVE-
MENTS TO THE STRUCTURES ARE OF BENEFIT TO THE
EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT," and
authorize the City Manager and Executive Director, respectively, to
negotiate and Cooperation Agreement No. 8949 (CCS/RAS) between the
City and the Agency. That the City Council adopt Resolution No. 10319
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA AUTHORIZING A WAIVER OF COMPETITIVE BIDDING
REQUIREMENTS TO ENABLE THE MACERICH COMPANY TO
CONSTRUCT THE IMPROVEMENTS"; and authorize the City
Manager to negotiate and execute Agreement No. 8950 (CCS) (et al.)
with Macerich for final design and construction of the project, in an
July 8, 2008
amount not to exceed $10 million for facade improvements, solar panels,
and attendant parking; for leasing and management of the proposed
pedestrian-oriented retail uses; for attendant parking operations; and for
energy rate reimbursements for the solar photovoltaic systems.
Recommendation that the Redevelopment Agency approve proposed
schematic designs for Structures 7 and 8 and authorize staff to implement
the proposed Project involving construction of facade improvements,
pedestrian oriented spaces and solar photovoltaic systems, and
installation of attendance parking improvements; approve Lemon
Scented Gum tree for the streetscape improvements along Colorado
Avenue; and authorize the submission of an application for
reimbursement from the State related to the installation of solar
photovoltaics in an estimated amount of $593,000, was presented.
Member of the public Jerry Rubin commented on various aspects of the
project.
Motion by A ency/Councilmember Genser. seconded by Chair/Mater
Katz to adopt respective Resolutions Nos. 10318 (CCS) and 510 (RAS)
finding that the proposed improvements to the structures are of benefit to
the Earthquake Recovery Redevelopment Project, and authorize the City
Manager and Executive Director, respectively, to negotiate and execute a
Cooperation Agreement between the City and the Agency. The motion
was approved by the following vote:
AYES: Agency/Councilmembers Holbrook, Genser, O'Connor,
Mayor/Chair Pro Tem Bloom, Chair/Mayor Katz
NOES: None
ABSTAIN: Agency/Councilmember Shriver
ABSENT: Agency/Councilmember McKeown
Motion by Councilmember Genser, seconded by Mavor Pro Tem Bloom,
that Council adopt a resolution authorizing a waiver of competitive
bidding requirements to enable the Macerich Company to construct the
improvements; and authorize the City Manager to negotiate and execute
agreements with Macerich for final design and construction of the
project, in an amount not to exceed $10 million for facade improvements,
solar panels, and attendant parking; for leasing and management of the
proposed pedestrian-oriented retail uses; for attendant parking operations;
and for energy rate reimbursements for the solar photovoltaic systems.
The motion was approved by the following vote:
7 July 8, 2008
AYES: Councilmembers O'Connor, Genser, Shriver, Holbrook,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember McKeown
Motion by Agency Member Genser, seconded by Chair Kati that the
Redevelopment Agency approve proposed schematic designs for
Structures 7 and 8 and authorize staff to implement the proposed Project
involving construction of fapade improvements, pedestrian oriented
spaces and solar photovoltaic systems, and installation of attendance
parking improvements; approve Lemon Scented Gum tree for the
streetscape improvements along Colorado Avenue; and authorize the
submission of an application for reimbursement from the State related to
the installation of solar photovoltaics in an estimated amount of
$593,000. The motion was approved by the following vote:
AYES: Agency Members Holbrook, Shriver, Genser, O'Connor,
Chair Pro Tem Bloom, Chair Katz
NOES: None
ABSENT: Agency Member McKeown
ADJOURNMENT OF On order of the Mayor, the special joint meeting adjourned at 8:50 p.m.,
SPECIAL JOINT and the regular City Council meeting reconvened with Councilmember
MEETING McKeown absent.
8-B: Administrative Office Space Strategies and Use of Civic
Center Parking Structure -recommendation that Council endorse the
short and long term strategies to address administrative space needs and
direct staff to pursue the development of City office space in addition to a
small cafe in the Civic Center Parking Structure, was presented.
There was no one present for public comment.
Motion by Mayor Katz, seconded by Mavor Pro Tem Bloom, to approve
recommendation. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Genser, Shriver, Holbrook,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember McKeown
July 8, 2008
LAND USE AND CIRCU- 8-D: Land Use and Circulation Element (LUCE) Strategy
CATION ELEMENT Framework -recommendation that Council review the LUCE Strategy
Framework, and based upon the review and Planning commission and
Mayor Katz was excused community input, endorse the Framework with appropriate comments
at 10: 30 p. m. and direct the staff to proceed with economic, transportation and
environmental analysis and evaluation, was presented.
Members of the public Pro Se, Russell Sydney, Catherine Eldridge,
Stephen Logan, Alex Thomson, Roger Swanson, Mihai Peteli, Gary
Kavanagh, and Nicki Kavanagh commented on various aspects of the
presentation, provided ideas, suggestions and expressed concerns.
After considerable discussions and questions to staff, on order of the
Mayor, the information was received and filed and the matter was
continued to July 9, 2008.
PUBLIC HEARINGS: 9-A: Resolutions approving new water and wastewater rates -
NEW WATER AND recommendation that Council adopt Resolution No. 10321 (CCS)
WASTEWATER RATES entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
REVISING WATER RATES AND WATER SERVICE CHARGES",
and Resolution No. 10322 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AMENDING WASTEWATER RATES;
approve low-income provisions for both rates; and, hear public comment
pursuant to Proposition 218 requirements, was presented
Members of the public Harold Dunnigan, Doris Stegall, Larissa Drucker,
Gene Burke and Susan Hartley spoke in opposition to the proposed
increase in rates.
On order of the Mayor Pro Tem, the public hearing was closed and action
on this matter was continued to July 9, 2008.
PROPERTY-BASED 9-B: Property Based Assessment District (PBAD) in the Downtown
ASSESSMENT DISTRICT -recommendation to hold a public hearing and receive comment
regarding the formation of a PBAD in downtown, was presented.
The following members of the public spoke in opposition to the proposed
assessment district: Jeff Segal, Don Cohen, Tara Pomposini, Allan
Golad, Donna Alvarez and James Mount.
The following members of the public spoke in support of the proposed
assessment district: Eileen Fraser, Phil Vise, Ashley Walkley, Bill
Tucker, Kelly Wallace, Alan Mont, Robert Resnick, Rick Staff and
Jennifer Hranilovich.
July 8, 2008
On order of the Mayor Pro Tem, the public hearing was closed and the
matter was continued to July 22, 2008.
COUNCIL ITEMS: 13-A: Appointment to one annual vacancy on the Personnel Board
APPOINTMENTS for a term ending June 30, 2011.0
On order of the Mayor Pro Tem, this matter was continued to July 15,
2008.
ANNUAL APPTS. 13-B: Annual Appointments to Boards and Commissions for terms
ending June 30, 2008.
Board/Commission No. of Appts. Term
Ending
Airport Commission 1 6/30/2012
Architectural Review Board 2 6/30/2012
Arts Commission 6 6/30/2012
Bayside District Corporation 1 6/30/2012
Building and Safety 2 6/30/2012
Commission for Sr. Community 2 6/30/2012
Commission -Status of Women 2 6/30/2012
Disabilities Commission 3 6/30/2012
Housing Commission 1 6/30/2012
Landmarks Commission 2 6/30/2012
Library Board 1 6/30/2012
Personnel Board 1 6/30/2012
Planning Commission 2 6/30/2012
Recreation & Parks Commission 3 6/30/2012
Social Services Commission 2 6/30/2012
On order of the Mayor Pro Tem, this matter was continued to July, 15,
2008.
CHAMBER OF 13-C: Request of Mayor Herb Katz that the City become a member
COMMERCE of the Santa Monica Chamber of Commerce.
On order of the Mayor Pro Tem, this matter was continued to July 15,
2008.
PUBLIC INPUT: Members of the public Pro Se, Amanda Manning, M. Ross and David
Ricci commented on various local issues.
10 July 8, 2008
RECESS On order of the Mayor Pro Tem, the City Council recessed at 11:25 p.m
on July 8`h and reconvened at 6:07 p.m. on Wednesday, July 9, 2008, with
Councilmember McKeown and Mayor Katz absent to continue with the
following matter:
PUBLIC HEARINGS: 9-A: Resolutions approving new water and wastewater rates -
NEW WATER AND recommendation that Council adopt Resolution No. 10321 (CCS)
WASTEWATER RATES entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
(CONT'D) REVISING WATER RATES AND WATER SERVICE CHARGES",
and Resolution No. 10322 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AMENDING WASTEWATER RATES;
approve low-income provisions for both rates, was presented.
The public hearing having been closed, staff responded to questions from
Councilmembers.
Motion by Councilmember Genser. seconded by Councilmember
O'Connor, to adopt resolution approving water rates as recommended by
staff.
Motion to amend by Councilmember Shriver. seconded by Council-
member Holbrook, to approve the first three tiers only and delete the
fourth tier. The motion to amend failed by the following vote:
AYES: Councilmembers O'Connor, Shriver, Holbrook
NOES: Councilmembers Genser, Mayor Pro Tem Bloom
ABSENT: Councilmember McKeown, Mayor Katz
The main motion failed by the following vote:
AYES: Councilmembers Genser, O'Connor, Mayor Pro Tem
Bloom
NOES: Councilmembers Shriver, Holbrook
ABSENT: Councilmember McKeown, Mayor Katz
Motion by Councilmember Shriver. seconded by Councilmember
Holbrook, to adopt the resolution with only the first three tiers and
deleting the fourth tier, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Genser, Shriver, Holbrook,
Mayor Pro Tem Bloom
NOES: None
ABSENT: Councilmember McKeown, Mayor Katz
11 July 8, 2008
Motion by Councilmember Holbrook, seconded by Councilmember
O'Connor to adopt the resolution for the new wastewater rates, reading
by title only and waiving further reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
Mayor Pro Tem Bloom
NOES: None
ABSENT: Councilmember McKeown, Mayor Katz
PROPERTY-BASED 9-B: Property Based Assessment District (PBAD) in the Downtown
ASSESSMENT DISTRICT - recommendation to hold a public hearing and receive comment
(CONT'D) regarding the formation of a PBAD in downtown Santa Monica, was
presented.
The public hearing having been closed, staff answered questions of
Councilmembers. On order of the Mayor Pro Tem, this matter was
continued to July 22, 2008, to receive the canvass of the election.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 6:57
p.m., on Wednesday Jules 9 ~nnu
ATTEST:
~~ LL)1Qww
Maria M. Stew\art
City Clerk
12 July 8, 2008