M-030309CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 3, 2009
A special meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:48 p.m.,
on Tuesday, March 3, 2009, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tem Pam O'Connor
Councilmember Richard Bloom
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Bobby Shriver (arrived at 6:06 p.m.)
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 5:48 p.m., with
Councilmember Shriver absent. Liz Bar-El, Assistant to the City
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
various Consent Calendar items.
Request by Councilmember McKeown to remove Item 1-C from the
Consent Calendar.
Motion by Councilmember Bloom, seconded by Mayor Pro Tem
O'Connor, to approve all items on the Consent Calendar as presented
except Item 1-C, reading resolutions by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
March 3, 2009
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
MINUTES 1-A: The minutes of the February 10, 2009, City Council meeting,
were approved as submitted.
CITY HALL RETROFIT 1-B: City Hall seismic retrofit project and HVAC project -
PROJECT recommendation to authorize the City Manager to negotiate and execute
a 7th amendment to Contract No. 8529 (CCS) with Black and Veatch, in
the amount of $76,324 for a total of $2,202,619.00, for additional
services for the seismic retrofit project, was approved.
ANNENBERG BEACH 1-D: Resolution No. 10383 (CCS) entitled: "A RESOLUTION OF
HOUSE CHARGES AND THE CITY OF SANTA MONICA SETTING FORTH THE
FEES .REGULATIONS FOR THE FEES AND CHARGES FOR PARKING,
COMMUNITY USE, AND PRIVATE FACILITY RENTALS AT THE
ANNENBERG COMMUNITY BEACH HOUSE AT SANTA MONICA
STATE BEACH," was adopted.
BBB EXPANSION 1-E: Big Blue Bus Expansion Project -recommendation to authorize
the City Manager to negotiate and execute Contract No. 9042 (CCS) with ,
Project Partners, in the amount of $145,488, for inspection services of the ``
project, was approved.
183712th STREET 1-F: Resolution No. 10384 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP
NO. 060446 FOR AN 8-UNIT CONDOMINIUM PROJECT AT 1837
12TH STREET," was adopted.
BUS STOP REDEVELOP- 1-G: Bus Stop Redevelopment Program - recommendation to
MENT PROGRAM authorize the City Manager to negotiate and execute Contract No. 9043
(CCS) with Lorcan O'Herlihy Architects, in the amount of $600,000, for
architectural and design services for the project, was approved.
CANCELLATION OF 1-H: Recommendation to cancel the regular City Council Meeting
COUNCIL MEETINGS for March 10, 2009, due to lack of a quorum, was approved.
1324 5TH STREET 1-C: Demolition at 1324 5th Street - recommendation to authorize
staff to seek permits and bids for the demolition of City-owned building
at 1324 5th Street and temporarily reuse the lot for surface parking, was
presented.
Councilmember McKeown advised he removed this item from the
2 March 3, 2009
Consent Calendar to ask staff to return with options for a better adaptive
use of the building, such as for use by a nonprofit, instead of using the
space for parking for the next few years. Staff answered questions from
Councilmembers.
Motion by Councilmember McKeown to postpone action on this matter
and ask staff to return with information on other options for use of the
space. The motion died for lack of a second.
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember
Davis, to approve staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Davis, Holbrook, Bloom, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: Councilmember McKeown
ABSENT: Councilmember Shriver
Councilmember McKeown stated for the record that he voted in
opposition to the motion because he believes in the context of the
Sustainability City Program and the needs of non-profits in the
community, and the City should not be so hell-bent for the wrecking ball.
PARKING STRUCTURE On order of the Mayor, the regular City Council meeting recessed to a
SEISMIC RETROFIT joint meeting with the Redevelopment Agency at 6:04 p.m., with
Councilmember Shriver absent.
1-I: Parking Structure 2 Seismic Retrofit -recommendation that
City Council authorize the City Manager to negotiate and execute a 4th
amendment to Contract No. 8732 (CCS) with KPFF Consulting
Engineers, in the amount of $50,152 for a total of $701,652, for design
and bid preparation documents for the project; and an amendment to
Contract No.8734 (CCS) with the Redevelopment Agency, in the amount
of $50,152, for costs associated with the project. Recommendation that
the Redevelopment Agency authorize the Executive Director to execute
an amendment to Contract No. 8734 (RAS) with the City of Santa
Monica for costs associated with the project, was presented.
There was no one present for public comment.
Motion by Councilmember Bloom, seconded bYMayor Pro Tem
March 3, 2009
O'Connor, that the Council authorize the City Manager to negotiate and
execute a 4th amendment to Contract No. 8732 (CCS) with KPFF
Consulting Engineers, for $50,152 for a total of $701,652, for design and ''
bid preparation documents for the project; and an amendment to Contract
No.8734 (CCS) with the Redevelopment Agency, in the amount of
$50,152, for costs associated with the project.
The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
Motion by Redevelopment Aeencv Member McKeown. seconded by
Agency Member Holbrook, that the Redevelopment Agency authorize
the Executive Director to execute an amendment to Contract No. 8734
(RAS) with the City of Santa Monica for costs associated with the
project. The motion was approved by the following vote:
AYES: Agency Members McKeown, Davis, Holbrook, Bloom,
Vice Chair O'Connor, Chair Genser
NOES: None
ABSENT: Agency Member Shriver
ADJOURNMENT On order of the Mayor, the special joint meeting with the Redevelopment
Councilmember Shriver Agency was adjourned at 6:06 p.m., and the regular Council meeting was
arrived at 6.•06 p. m. reconvened with Councilmember Shriver absent.
CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:06 p.m., to
consider closed sessions and reconvened at 6:52 p.m., with
Councilmember Shriver absent, to report the following:
2-A: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation Pursuant to Government
Code Section 54956.9(b): Pier Sign.
ACTION: Heard. No reportable action taken.
2-B: Conference with Legal Counsel - Existing_Litigation: Action
Apartment Association v. City of Santa Monica, Los Angeles
Superior Court Case No. SC 091036.
ACTION: Heard. No reportable action taken.
4 March 3, 2009
2-C: Conference with Legal Counsel -Existing Litigation: In the
Matter of Compliance with California Code of Regulations, Title 13,
Sections 2190 et seq. and 2023.w(b)(1), by the City of Santa Monica,
California Air Resources Board Letter Dated October 23, 2008.
The Ciry Attorney advised this case is related to an issue of City
compliance with certain State regulations on air quality and
recommended a settlement in the amount of $21,024. Payment to be
made by check in the amount of $15,768 to California Air Pollution
Control Fund; $2,628 to Peralta Community College District; and $2,628
to the California Pollution Control Financing Authority.
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember
Bloom, to approve Settlement No. 9044 (CCS), as recommended by the
City Attorney. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
INSPIRATION: Presentation by the Santa Monica High School Band.
The Santa Monica High School Band not being present, on order of the
Mayor, the Council considered the next item.
ORDINANCES: 7-A: Introduction and adoption of an ordinance of the City of
TAXICAB Santa Monica establishing a moratorium on the issuance of taxicab
MORATORIUM business licenses and police permits as provided under Chapter 6.48
of the Santa Monica Municipal Code and declaring the presence of
Councilmember Shriver an emergency, was presented.
returned at 6.•54 p. m.
Members of the public Vick Aghayan, Fuad Sanch and David Bagramiav
spoke in opposition to the proposed ordinance and expressed concerns
with the proposed regulations.
Discussion ensued on the merits of the proposed ordinance and its effects
on taxicab drivers, customers, and on the Ciry.
Motion by Mayor Genser, seconded by Councilmember McKeown, to
introduce and adopt the ordinance, amended to apply the moratorium
only to the business licenses for taxis; to allow for a procedure to exempt
those taxis that are being purchased to replace existing licensed taxis; and
that if an existing licensed taxi operator can demonstrate that an order
March 3, 2009
was placed for a new taxi vehicle within the last 90 days and if the
purchase was not completed, the taxi driver would lose a minimum of ':
$1,000, that vehicle would also be eligible to get a business license.
Discussion ensued on the merits of the motion. After considerable
discussion, the motion was withdrawn.
Motion by Councilmember Bloom, seconded by Mayor Pro Tem
O'Connor, to take no action on the ordinance, and direct staff to move
expeditiously in bringing forward the franchise recommendations.
Substitute motion by Councilmember Holbrook, to introduce and adopt
the ordinance, and to allow the Police Department to continue to license
drivers and the City allow taxicab businesses to rotate (not increase) new
vehicles to replace existing vehicles. The motion died for lack of a
second.
The standing motion was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
Bloom, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
AFFORDABLE HOUSING 7-B: Introduction and first reading of an ordinance amending the
PROGRAM Affordable Housing Production Program, Santa Monica Municipal
Code Chapter 9.56, to exempt specified City-financed one hundred
percent affordable nonprofit housing projects from the Program, to
require that occupants of affordable housing be selected from aCity-
maintained list with certain exceptions, and to clarify that affordable
housing units include very low-, low-, and moderate-income units.
This matter was heard as part of Item 8-A.
STAFF ITEMS: 8-A: Revisions to the Affordable Housing Production Program
AFFORDABLE HOUSING (AHPP) - recommendation to introduce for first reading an ordinance
PRODUCTION amending the Affordable Housing Production Program, Santa Monica
PROGRAM Municipal Code Chapter 9.56, to exempt specified City-financed one
hundred percent affordable nonprofit housing projects from the Program,
to require that occupants of affordable housing be selected from aCity-
maintained list with certain exceptions, and to clarify that affordable
housing units include very low-, low-, and moderate-income units;
amend the AHPP Guidelines to require that occupants be selected from a
city-administered housing eligibility list with specified exceptions; revise
6 March 3, 2009
protocols regarding administration and maintenance of the city waiting
list; substitute the type of index used in the resale price formula regarding
affordable ownership units; and add the affordable housing fee
adjustment methodology adopted by Council, was presented.
Members Of the public Joey Fullmer and Joan Ling spoke in support of
the proposal.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to introduce the ordinance for first reading, reading by title only
and waiving further reading thereof The motion was approved by the
following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, Shriver,
McKeown, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, Shriver,
McKeown, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
ST. MONICA'S 8-B: Saint Monica Development Agreement Concept Plans - 725
DEVELOPMENT California Avenue -recommendation to discuss the proposal involving
AGREEMENT a campus expansion and parking improvement plan; direct staff to pursue
the Development Agreement negotiation process; and provide direction
for negotiation of potential public benefits, appropriateness, and design
alternatives, was presented.
Tom Zanic, representing St. Monica's, spoke in support of the project.
The following members of the public commented on various aspects of
the proposed project: Suzanne Verge and Bert Bradley.
Motion by Councilmember McKeown, seconded by Councilmember
Shriver, to approve staff recommendation. The motion was approved by
the following vote:
(The City Attorney stated, for the record, that by approving the motion,
7 March 3, 2009
the City Council is not approving the project, but only giving the green
light to go forward with the concept.)
AYES: Councilmembers Bloom, Holbrook, Davis, Shriver,
McKeown, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
EXPOSITION LIGHT 8-C: Exposition Light Rail Phase 2 -Recommendations for
RAIL -PHASE 2 Alignment and Other Components of the Project within the City of
Santa Monica -recommendation to (1) adopt the "Colorado" alternative
as the alignment for Exposition Light Rail Phase 2; (2) adopt Resolution
No. 10385 entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA DECLARING THE CITY STANDARDS AND PRACTICES
FOR CURB RETURN RADII AND CURB ACCESS RAMPS AT
STREET INTERSECTIONS, TO MINIMIZE THE NUMBER OF
PROPERTY ACQUISITIONS REQUIRED FOR THE PROJECT IN
SANTA MONICA' ; (3) request the Expo Authority to continue
searching for an alternative maintenance yard site; (4) explore with a
narrower track width configuration on Colorado west of 17`h, for on-street
parking on both sides of the street; (5) direct staff to analyze additional
parking needs for each station and return to Council with recommenda-
tions before the Expo Authority has finalized park-and-ride recommenda-
tions; (6) direct staff to work with Metro to obtain a waiver or a revised
policy so that riders pay for the use of any parking near rail stations
within the City; (7) direct staff to work with the Expo Authority and the
bicycling community to resolve the Expo Bike Path routing and address
bike access to the stations; (8) direct staff to work with the Expo
Authority to minimize the visual impact of overhead train electrification
wires; (9) and to ensure the adopted budget for the Expo Phase 2 project
includes compensation to the City for use of the City-owned property at
4~' and Colorado, was presented.
The following members of the public spoke generally in favor of the
project and expressed concerns related to safety, noise, sustainability,
location, and related impacts on residents and businesses: Gennifer
Yoshimaru, Roger Holt, Nina Path, Roger Weaver, Barbara Whitney,
Laverne Ross, James Phelan, Marcia Jinner, Michael Tarbet, Jerry Rubin,
Jason Ranne, Katie Ranne, Russel Mulock, Damien Goodsman, Louise
Jaffe, Raphael Sisa, Cameron Henton, Philip Jankosky, Genevieve
Bertone, David Finkel, Eleanor Path, Harvey Eder, Nathaniel Trives,
John Semke, Christine Paria, Maria Loya, Oscar de la Torre, Bruria
Finkel, Jay Williamson, Myrna Duran, Yvonne Teruya, Patrick
O'Rourke, Robin Roy, Christel Anderson, Maria Leon Vasquez, Allison
March 3, 2009
Kindall, Darrell Clarke, Linda Piera-Avila, Tom Larmore and Genise
Schnitman.
Motion by Councilmember McKeown, seconded by Councilmember
Bloom, to convey to the Expo Authority that it is the policy of the City to
vigorously oppose the proposed location for the maintenance yard and to
request the Authority to continue searching for an alternative site which
is not located next to a residential neighborhood; to communicate to other
voting members on the Expo Board and the Metro Board.
The motion was unanimously approved by voice vote, with all members
present.
Motion by Councilmember Holbrook, seconded by Mavor Pro Tem
O'Connor, to adopt Resolution No. 10385 (CCS), reading by title only
and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
Bloom, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
Councilmember Davis. seconded by Mavor Pro Tem O'Connor, to adopt
a policy that the City supports the Colorado alternative for the alignment,
and to communicate the policy to other voting members on the Expo and
the Metro Boards. The motion was unanimously approved by voice vote,
with all members present.
Motion by Councilmember Davis. seconded by Mayor Pro Tem
O'Connor, to direct staff to proceed with the following: to explore with a
narrower track width configuration on Colorado west of 17~', for on-street
parking on both sides of the street; to analyze parking needs for each
station and return to Council with recommendations before the Expo
Authority has finalized park-and-ride recommendations; direct staff to
work with Metro to obtain a waiver or a revised policy so that riders pay
for the use of any parking near rail stations within the City; direct staff to
work with the Expo Authority and the bicycling community to resolve
the Expo Bike Path routing and address bike access to the stations; work
with the Expo Authority to minimize the visual impact of overhead train
electrification wires; to ensure the adopted budget for the Expo Phase 2
project includes compensation to the City for use of the City-owned
property at 4~' and Colorado; and to ensure bus access to the site and to
Crossroads School and look at the issues of vibration and noise at certain
March 3, 2009
locations. The motion was unanimously approved by voice vote, with all
members present.
COUNCIL ITEMS: 13-A: Appointment to one annual vacancy on the Pier Restoration
APPOINTMENT Corporation for a term ending November 11, 2012.
On order of the Mayor, this item was continued to March 24, 2009.
EARTH HOUR 2009 13-B: Request of Councilmember McKeown that the City of Santa
Monica participate in the worldwide Earth Hour 2009 on March
28th, turning off all non-essential lighting for one hour at 8:30pm
local time, to make a shared global statement of concern about
energy use and climate change, and to demonstrate a commitment to
finding solutions; and that the City urge Santa Monica businesses,
institutions and residents to participate as well, was presented.
Member of the public Jerry Rubin spoke in support of the request.
Motion by Councilmember McKeown, seconded by Mayor Genser, to
approve request. The motion was unanimously approved by voice vote,
with all members present.
RESIGNATION 13-C: Recommendation to accept Gleam Davis' resignation from the
Planning Commission and authorize the City Clerk to publish the
vacancy, was presented.
Motion by Councilmember Genser, seconded by Mayor Pro Tem
O'Connor, to approve recommendation. The motion was unanimously
approved by voice vote, with all members present.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 10:43
p.m.
EST: APPROVED:
Maria M. Stewart~~ Ken Gen e~~
City Clerk
Mayor
10 March 3, 2009