M-011309CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 13, 2009
A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:48 p.m, on
Tuesday, January 13, 2009, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ken Genser
Councilmember Richard Bloom
Councilmember Robert T. Holbrook
Mayor Pro Tem Pam O'Connor (arrived at 5:54 p.m.)
Councilmember Kevin McKeown
Councilmember Bobby Shriver (amved at 6:13 p.m.)
(One vacant Council seat)
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
Acting City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:48 p.m., with
Councilmember Shriver, absent. Councilmember McKeown 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 Joey Fullmer and Pro Se commented on various
Consent Calendar items.
Motion by Councilmember McKeown, seconded by Councilmember
Bloom, 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 McKeown, Holbrook, Bloom, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
MINUTES 1-A: The minutes of the July 22, July 23, and July 24, 2008, City
Council meetings, were approved as submitted.
January 13, 2009
MINUTES 1-B: The minutes of the November 25, December 2, December 9, and
December 15, 2008 City Council meetings, were approved as submitted.
LOBBYING SERVICES 1-C: Professional Services Agreement for Lobbying Services -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 9020 (CCS), with Jordon & Associates, in the amount of
$60,000, for Federal representative and lobbying services on issues relating
to bus transit for a period of three years with an additional one year renewal
option, was approved.
RED LIGHT PHOTO 1-D: Automated Red Light Photo Enforcement Program -
ENFORCEMENT recommendation to receive report recommending that the Program not be
implemented, was approved.
182716T" STREET 1-E: Resolution No.10372 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP
FOR TRACT N0.065437 TO SUBDIVIDE A PROPERTY AT 1827
SIXTEENTH STREET," was adopted.
REVISED WATER 1-F: Resolution No.10373 (CCS) entitled: "A RESOLUTION OF
RATES THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REVISING WATER RATES AND WATER SERVICE CHARGES,"
was adopted.
WEBSITE SERVICES 1-G: Modification to Agreement with PMC for Website Services -
recommendation to authorize the City Manager to negotiate a modification
to Contract No. 8861 (CCS), with PMC, in the amount of $47,300, for the
redesign of the Big Blue Bus website and creation of the Historic
Resources Inventory website, was approved.
OFFICE FURNITURE 1-H: Furniture purchase for the Civic Parking Structure Tenant
PURCHASE Improvement Project -recommendation to award a purchase order to
Haworth Product under U.S. Communities Contract, in the amount of
$175,910 plus a 10% contingency, to furnish office furniture, furnishings
and equipment for the Civic Center Parking Structure, was approved.
TRAFFIC CONTROLLER 1-I: Development of Traffic Controller Software -recommendation
SOFTWARE to authorize the City Manager to negotiate and execute Contract No. 9021
(CCS) with McCain Inc., in the amount of $130,000, for the development
of traffic signal controller software, was approved.
January 13, 2009
GRANT FUNDS FOR 1-J: Resolution No. 10371 (CCS) entitled: "A RESOLUTION OF
EUCLID PARK THE CITY OF SANTA MONICA ACCEPTING THE ASSIGNMENT
OF THE RIGHT TO APPLY FOR PROPOSITION A 1992
SPECIFIED AND PROPOSITION A 1996 PER PARCEL FUNDS
FROM THE COUNTY OF LOS ANGELES AND APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES
COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR
THIRD SUPERVISORIAL DISTRICT PER PARCEL, SPECIFIED,
AND EXCESS FUNDING FOR THE EUCLID PARK
DEVELOPMENT PROJECT, was adopted.
FEED IN TARIFF 1-K: Support of Feed-In Tariff Legislation that supports the Goals
LEGISLATION of Solar Santa Monica -recommendation that the Council approve
support of creating new State Feed-In Tariff legislation, was approved.
REMEMBERING The City Council shared thoughts and took a moment of silence in memory
COUNCILMEMBER of Councilmember Herb Katz, who passed away on January 7, 2009.
HERB KATZ
CLOSED SESSIONS: Member of the public Pro Se commented on information available relative
to closed sessions.
On order of the Mayor, the City Council recessed at 6:12 p.m. to consider
Councilmember Shriver closed sessions and reconvened at 7:31 p.m., with all members present, to
arrived at 6:13 p. m. report the following:
2-A: Conference with Re
Property:
City Negotiator:
Under Negotiation:
Owner of Record:
.al Property Negotiators.
1334 Fifth Street
Andy Agle, Dir. Housing and Economic
Development
Interest in Real Property
Sunnyside Group
ACTION: Heard. No reportable action taken.
2-B: Conference with Real Property Negotiators.
Property: 1320 Fourth Street
City Negotiator: Andy Agle, Dir. Housing and Economic
Development
Under Negotiation: Interest in Real Property
Owner of Record: Santa Monica Redevelopment Agency
ACTION: Heard. No reportable action taken.
January 13, 2009
2-C: Conference with Re;
Property:
City Negotiator:
Under Negotiation:
Owner of Record:
ACTION: Heard.
al Property Negotiators.
1640 Fifth Street
Andy Agle, Dir. Housing and Economic
Development
Interest in Real Property
Waldman Family Trust, et. al.
No reportable action taken.
2-D: Conference with Real Property Negotiators.
Property: 1224 4"' Street
City Negotiator: Andy Agle, Dir. Housing and Economic
Development
Under Negotiation: Interest in Real Property
Owner of Record: Santa Monica Bay Woman's Club
ACTION: Heard. No reportable action taken.
2-E: Conference with Legal Counsel -Existing Litigation -
NMBroadwayStudios. LLC v. City of Santa Monica, Case No. BS
110077; Lincoln Studios, LLC v. City of Santa Monica, Case No. BS
110078; Nebraska Studios, LLC v of Santa Monica, Case No. BS
110079.
The City Attorney briefed Council on the proposed settlement
Motion by Councilmember McKeown, seconded by Councilmember
Holbrook, to approve a settlement agreement contingent upon approving
Item 7-C as follows: dismissal of all litigation brought by the applicant
who had obtained approval on administrative applications filed before
March 24, 2007 and the developer would abandon its application fora 623
unit Single Room Occupancy (SRO) project at Olympic and Nebraska; the
settlement would allow the applicant to proceed with specifically revised
administrative applications for mixed-use SRO projects at Broadway and
Lincoln, subject to appropriate Architectural Review Board and Landmark
Commission review. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
2-F: Conference with Legal Counsel -Existing Litigation: Broeeer
v. City of Santa Monica, Superior Court Case No. BC378071.
ACTION: Heard. No reportable action taken.
January 13, 2009
2-G: Anticipated Litigation: Request that City participate in EPA
Petition on behalf of California Municipalities Supporting California
Greenhouse Gas Emission Standards for New Motor Vehicles.
ACTION: Not Heard.
2-H: Conference with Legal Counsel -Existing Litigation: Ci of
Santa Monica v. City of Los Angeles, Case No L. A. S. C. BS 093502.
The City Attorney briefed Council on the proposed settlement.
Motion by Councilmember Holbrook, seconded by Councilmember
Bloom, to approve a settlement agreement related to Phase 2 of the Playa
Vista Development, that the City of Los Angeles would complete
additional CEQA review previously mandated by the court; L.A. would
recertify an EIR for the project and would have to reapprove the land use
entitlements; Playa would agree that all of its previous approvals for Phase
II were vacated; Playa would also pay petitioners fees and costs. This
settlement would eventually bring the matter back to the L.A. City Council.
The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Shriver, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
2-I: Conference with Legal Counsel -Existing Litigation: Friends
of the Earth v. Mosbacher, U.S.D.C. Case No. C02- 4106.
The City Attorney briefed Council that this is a Federal lawsuit brought by
four cities (Arcadia, Oakland; Boulder, Colorado; and Santa Monica) and
two environmental groups against the U.S. Government agencies that fund
overseas energy projects. These projects contribute to global warming.
The lawsuit is to compel the government to conduct environmental impact
studies before funding projects.
Motion by Councilmember McKeown, seconded by Councilmember
Bloom, to approve a settlement agreement that would change government
agency's practices to insure greater transparency; prepare Environmental
Assessments on projects with significant emissions; scale back on projects
that emit large amounts of greenhouse gases; increase support for
renewable energy projects; and attorney fees for the two environmental
group plantiffs. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
January 13, 2009
2-J: 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-K: Conference with Legal Counsel -Existing Litigation: United
States of America and Peters v. City of Santa Monica, USDC, Case No.
CVOS-02695 CW(Ex).
ACTION: Not Heazd.
STUDY SESSION:
3-A: Discussion of Actions taken by the Santa Monica-Malibu
Unified School District to resolve Special Education issues and to
RELEASE OF FUNDS TO request the release of reserve account funds, was presented.
THE SCHOOL DISTRICT
Motion by Councilmember Holbrook, seconded by Councilmember
Bloom, to combine this item with Item 8-C and hold the public hearing
first.
This motion was unanimously approved by voice vote, with all members
present.
8-C: Payment to the Santa Monica-Malibu Unified School District
- consideration to authorize a $804,470 payment to the District under the
Master Facilities Joint Use Agreement, was presented.
Items 3-A and 8-C were presented and the public hearings were held
concurrently.
Members of the public Jeny Rubin, Shazi Davis, Gleam Davis, Rebecca
Kennerly, Lupe Ibarra Smith, Martha Duran-Contreras, Tom Nagle, Judith
Meister, Debbie Mulvaney, Laurie Lieberman, Nancy Gesnke, Laura
Rosenbaum, spoke in support of Council releasing the funds to the school
district
Members of the public Clara Sturk, Claudia Landis, Tricia Crane, Steve
Barnett, Theresa Harris, Debra Sheppard, Kenneth Haker, Irene Zivi, Chris
Chandler, Lee Jones, Richard Milanesi, Gail Milanesi and Marina
Riascaora expressed concerns and suggestions including that Council
should not release the funds; release half of the funds; or release the funds
but request more accountability from the school district.
The public hearing was closed.
6 January 13, 2009
Councilmember McKeown recused himself from the dias before Item 8-C
was discussed, because of a conflict of interest due to his employment by
Councilmember McKeown the School District..
excused himself at 8: 54 p. m.
Motion by Councilmember Shriver, seconded by Mayor Genser, for Item 8-
C, to release funds to authorize payment to the Santa Monica-Malibu
Unified School District under the Master Facilities Joint Use Agreement.
The motion was approved by the following vote:
AYES: Councilmembers Shriver, Holbrook, Bloom, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember McKeown
No other action was taken on Item 3-A.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2281 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FLOORPLAIN SANTA MONICA ADDING CHAPTER 7.68 TO THE SANTA MONICA
MANAGEMENT MUNICIPAL CODE ESTABLISHING FLOODPLAIN MANAGEMENT
REGULATIONS," was presented.
Motion by Councilmember Holbrook, seconded by Councilmember
Bloom, to adopt ordinance, reading by title only and waiving further
Councilmember McKeown reading thereof. The motion was approved by the following vote:
returned at 9:24 p. m.
AYES: Councilmembers Bloom, Holbrook, Shriver, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
REGULATE SMOKING 7-B: Introduction and first reading of ordinance amending Chapter
4.44 of the Santa Monica Municipal Code on Smoking to Regulate
Smoking In Common Areas of Multi-Unit Residential Properties; and
recommendation for direction related to public education and
outreach, was presented.
Members of the public Jerry Rubin, Marilyn Korade/Wilson, Marlene
Gomez, Nadiya Juma, Beth Miller, Richard Groff, William McCarthy,
Sareena Kanji, Ester Schiller, Steven Gallegos, Ella Bronstein, and Charity
Luv Colbert, commented on the proposed ordinance.
January 13, 2009
Motion by Councilmember McKeown, seconded by Councilmember
Bloom, to introduce ordinance, reading by title only and waiving further
reading thereof.
Motion to amend made by Mayor Pro Tem O'Connor, that on Page 3 of the
ordinance, change the phrase "banning smoking" to "regulating smoking,"
and on Page 2, include the citation for the findings of the "GARB Report."
The motion to amend was accepted as friendly.
The original motion as amended was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
Council gave direction to staff that the public education campaign should
include a sample letter to be posted on the city website for renters to use;
Councilmember Holbrook instructions on proof of delivery; and step by step instruction on resolving
was excused at 10:06 p. m. the issue before proceeding legally.
Motion by Councilmember Shriver, seconded by Councilmember
McKeown, to direct staff to research other cities' ordinances to see if there
is a way to inform renters when rental units have previously been inhabitecT
by smokers. The motion was unanimously approved by voice vote with
Councilmember Holbrook absent.
INTERIM ORDINANCE 7-C: Introduction and first reading of an interim ordinance
extending the current interim ordinances modifying the development
review thresholds to require that any housing project in excess of fifty
units obtain a development review permit and to adjust the
applicability provision of these ordinances, was presented.
There was no one present for public comment.
Motion by Councilmember Bloom, seconded by Councilmember
McKeown, to introduce ordinance for first reading, reading by title only
and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Bloom, Shriver, McKeown, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Holbrook
January 13, 2009
PLASTIC BAGS 7-D: Introduction and Trst reading of ordinance prohibiting retail
establishments from providing single use plastic carryout bags and
regulating the use of paper carry out bags in Santa Monica retail
Councilmember Holbrook establishments, was presented.
returned at 10:14 p. m.
Members of the public Zachary Gold, Sherry Bhagwagar, Andrew Brown,
Ariel Yakura, Mel Delia, Amanda Dworkin, Alberto DePablo, Megan
Kilroy, Celia Stilphen, Evelina Weary, Juli Schulz, Lisa Saperstein, Mark
Gold, Sonia Diaz, Kirsten James, Jacy Bolden, Lee Wallach, Leslie
Tamminen, Steve Williams, Lindsey Jurca, Jerry Rubin, John Murdock
spoke in support of the ordinance.
Members of the public Brian Hutchings, Ella Bronstein, Chandler Hadraba
expressed concerns regarding the ordinance and requested for more
research before bringing this issue back for a vote.
Motion by Councilmember Bloom, seconded by Councilmember Shriver,
to approve the recommendation made by staff during the presentation to
not hold first reading of the ordinance, but instead hold the public hearing
and give direction on the substance of the proposed Ordinance, and request
that staff return with any revisions made by the Council during this meeting
and an analysis of the appropriate level of environmental review.
Motion to amend by Councilmember Shriver, to avoid any loss in time,
that the Nexus Study be done at the same time as the Environmental
studies. The motion to amend was accepted as friendly.
Motion to amend by Mayor Genser, to clarify the definition of "prepared
foods" in the ordinance. The motion to amend was accepted as friendly.
The original motion as amended was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
Motion by Mavor Pro Tem O'Connor, seconded by Councilmember
Bloom, to direct staff to come back with suggestions on stimulating
economic projects for developing new green jobs, specifically
manufacturing of reusable bags from recycled materials. The motion was
unanimously approved by voice vote with all members present.
January 13, 2009
CONTINUE THE
MEETING
STAFF
ADMINISTRATIVE
ITEMS:
BAYSIDE BY-LAWS AND
APPOINTMENTS
Motion by Councilmember McKeown, seconded by Mayor Genser, to
continue the meeting after 11:00 p.m. The motion was unanimously
approved by voice vote with all members present.
8-A: Approval of Bayside District Corporation Amended By-Laws,
Appointment of Members to the Board, and Amended Services
Agreement - recommendation to approve Second Amended and Restated
By-Laws of the Bayside District Corporation; appoint six members to serve
on the Board, three for two-year terms and three for four-year terms; and,
to provide direction on terms to include in an Amended and Restated
Services Agreement, was presented.
Councilmember Shriver was
excused at 11:19 p.m. There was no one present for public comment.
Motion by Councilmember Bloom, seconded by Mayor Pro Tem
O'Connor, to approve second amended By-Laws of the Bayside District
Corporation. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Holbrook, Bloom, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to give __-
direction to create a mechanism to ensure that all Assessment District
Board members are current on their payment of assessments fees and taxes
to the district and to the city. The motion was unanimously approved by
voice vote with Councilmember Shriver absent.
Motion by Mayor Genser, seconded by Councilmember Bloom, to appoint
Barbara Bryan, Rob Rader and Johannes Van Tilburg for terms ending
June 30, 2010; and Kelley Wallace, Patricia Hoffman and Todd Flora for
terms ending June 30, 2012. The vote was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, McKeown, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
Motion by Mayor Genser, seconded by Councilmember Holbrook, to
approve the Service Agreement terms proposed by staff, and to direct staff
to have more accountability on the Ambassador Program and the Work
Plan for Annual Maintenance. The motion was unanimously approved by
voice vote, with Councilmember Shriver absent.
10 January 13, 2009
FIRE DISPATCH 8-B: Fire Dispatch Comparative Study and Recommendations -
recommendation to authorize the City Manager to terminate the fire
dispatch agreement with the City of Los Angeles as soon as practical and to
reactivate the Fire Dispatch Center in the Public Safety Facility with Santa
Monica Fire Department dispatchers; and, recommendation that Council
approve the appropriations to initiate the process as part of the 2008/09
Midyear report and the FY 2009/10 budget, was presented.
Member of the public Brad Lomas spoke in support of the proposal.
Motion by Councilmember Holbrook, seconded by Councilmember
McKeown, to accept staff recommendation. The motion was unanimously
approved by voice vote, with Councilmember Shriver absent.
OCEAN PARK BLVD - 8-D: Preliminary Concept Designs for the Ocean Park Boulevard
STREETSCAPE Streetscape Project -recommendation to review the two proposed design
alternatives for the project, and direct staff to proceed with additional
public participation, refinement of concepts and input from the Planning
Commission.
Councilmember Holbrook
was excused at 11: 58 p. m. On order of the Mayor, this matter was continued to January 27, 2009.
COUNCIL ITEMS: 13-A: Appointment to one annual vacancy on the Pier Restoration
Corporation for a term ending November 11, 2012.
PRC APPOINTMENT
On order of the Mayor, this matter was continued to January 27, 2009.
DISABILITIES 13-B: Appointment to one unscheduled vacancy on the Disabilities
COMMISSION Commission for a term ending June 30, 2010.
On order of the Mayor, this matter was continued to January 27, 2009.
SENIOR COMMUNITY 13-C: Appointment to one unscheduled vacancy on the Commission
COMMISSION for the Senior Community for a term ending June 30, 2011.
On order of the Mayor, this matter was continued to January 27, 2009.
TRAVEL FUNDS 13-D: Request of Councilmember Richard Bloom that the City
Council authorize the use of Council travel funds for the purpose of
attending the February 12-13 National Conference on Ending Family
Homelessness, sponsored by the National Alliance to End
Homelessness (http://www.endhomelessness.orgn in San Diego,
California, was presented.
There was no one present for public comment.
11 January 13, 2009
Motion by Mayor Pro Tem O'Connor, seconded by Mayor Censer, to
approve the request. The motion was unanimously approved by voice voter
with Councilmembers Shriver and Holbrook absent.
PUBLIC INPUT Members of the public Daren Laureano, Denise Barton, Pro Se, Brian
Hutchings, Art Casillas and Ken Ward spoke on various issues.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:15
a.m. to a Special Meeting on January 17, 2009, in memory of Faye June
Kessler, Clyde Smith, Michael Leavitt, John Hoover, and Robert Graham.
ATTEST: APPROVED:
~n,~e..~t~v~~l~
Denise Anderson-Warren en Censer
Acting City Clerk Mayor
12 January 13, 2009