M-032409CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 24, 2009
A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:52
p.m., on Tuesday, March 24, 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 6:55 p.m.)
Councilmember Kevin McKeown
Also Present: Assistant City Manager Jennifer Phillips
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:52 p.m., with
Councilmember Shriver absent. Assistant City Manager Jennifer
Phillips 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, Pro Se, M. Ross, Stanley Epstein
and Louisa Fish commented on various consent Calendar Items.
At the request of Councilmember McKeown, Items 1-C and 1-L were
removed from the Consent Calendar.
Motion by Councilmember Bloom. seconded by Councilmember Davis,
to approve all items on the Consent Calendar as presented except items
1-C and 1-L, 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 24, 2009
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
MINUTES 1-A: The minutes of the February 24, 2009, City Council meeting
were approved as submitted.
LIFEGUARD SERVICES 1-B: Lifeguard Services -recommendation to negotiate and execute
Contract No. 9045 (CCS) with Los Angeles County Fire Department for
lifeguard services on Santa Monica State Beach and appropriate
additional funds in the amount of $66,806 for fiscal year 2008-09, was
approved.
OUTDOOR FURNITURE 1-D: Purchase of outdoor furniture -recommendation to amend
existing purchase order with JANUS et Cie, in an amount not to exceed
$129,866, to purchase outdoor furniture for the Annenberg Community
Beach House, was approved.
BBB GRANT FUNDS 1-E: Resolution No. 10386 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO SUBMIT A GRANT APPLICATION AND TO
EXECUTE GRANT AGREEMENTS IN FURTHERANCE OF
TRANSIT SECURITY PROJECTS FOR THE BIG BLUE BUS," was
adopted.
CHARNOCK WELL 1-F: Charnock Well Field Restoration Project -recommendation to
authorize the City Manager to negotiate and execute an amendment to
Contract No. 8892 (CCS) with Black and Veatch Construction, in the
amount of $4,600,000 for a total amount of $8,900,000, to move forward
the purchase of water treatment equipment and provide demolition
services, was approved.
GRANT FUNDS - 1-G: Memorial Park Area Capping Study funding -
FREEWAY CAPPING recommendation to adopt Resolution No. 10387 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
SUBMITTAL OF APPLICATION TO THE CALIFORNIA STATE
DEPARTMENT OF TRANSPORTATION FOR FUNDING UNDER
FY 2009-2010 TRANSPORTATION PLANNING GRANT
PROGRAM," and authorizing the City Manager to negotiate and execute
an agreement and related documents necessary to participate in the 2009-
2020 Transportation Planning Grant Program to study the feasibility of
capping the 1-10 Freeway between 17°i and 14`s Streets in the Memorial
Park area, was approved.
March 24, 2009
EMPLOYEE LIFE 1-H: Employee group benefit life insurance plan -recommendation
INSURANCE to approve payment of annual premiums for the Group Benefit Plan with
the Hartford Life Insurance Company, in the amount of $1,187,000, for
calendar year 2009, was approved.
PLANNING AND 1-I: Planning, design and related services for the Exposition Light
DESIGN SERVICES Rail Planning and Design Coordination; Land Use & Circulation
Element (LUCE) Analysis and Implementation; and Design Review -
recommendation to authorize the City Manager to negotiate and execute
an amendment to Contract No. 8729 (CCS) with The Odermatt Group, in
the amount of $235,000, for planning and design services related to the
Exposition Light Rail and LUCE projects; and an amendment to Contract
No. 8866 (CCS) with Nelson/1Vygaard Consulting Associates, in the
amount of $210,000, for transportation planning services related to the
Exposition Light Rail and the LUCE projects, was approved.
RADIO EQUIPMENT 1-J: Purchase of Radio Equipment for Fire Department -
recommendation to authorize the City Manager to approve a sole source
purchase order with Motorola, Inc. for the purchase of radio equipment,
for a total amount not to exceed $457,000, in conjunction with
reactivating the Fire Dispatch Center, was approved.
FIRE COMMUNICATION 1-K: Contract amendment for Fire Communications Center-
CENTER SERVICES recommendation to authorize the City Manager to negotiate and execute
a contract amendment with GeoComm, in the amount of $51,210 for a
total contact amount of $138,810, to provide assistance and services for
the reactivation of the Santa Monica Fire Communications Center, was
approved.
LEGAL SERVICES 1-M: Provision of legal services -recommendation to authorize the
City Attorney to enter into Contract No. 9048 (CCS) with Kane, Ballmer
& Berkman, in the amount of $250,000, for specialized legal services on
behalf of the City, the Parking Authority, and the Redevelopment
Agency, was approved.
BBB HYBRID COACHES 1-C: BBB gasoline/electric hybrid transit coaches -recommendation
to authorize the City Manager to negotiate and execute an amendment to
Contract No. 8963 (CCS), and issue a Notice to Proceed with Creative
Bus Sales, in the amount of $8,061,367, for the purchase often, 30-foot
hybrid transit coaches, was presented.
Councilmember McKeown advised he removed this item from the
Consent Calendar to add a direction to staff to pursue federal funding for
operating expenses as well as for capital expenditures for mass transit.
March 24, 2009
Motion by Councilmember McKeown, seconded by Mayor Genser, to
approve staff recommendation with the above direction to staff. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
1717 4`h ST. LEASE 1-L: Office Space Lease at 1717 4`" Street -recommendation to
authorize the City Manager to negotiate and execute Lease No. 9047
(CCS) with PCA I, LP for City offices at 1717 4s' Street, was presented.
Councilmember McKeown advised he removed this item from the
Consent Calendar because he would have preferred to have reviewed an
agenda item from staff at the last Council meeting, asking for
authorization to demolish acity-owned building, in conjunction with this
request for cost comparison and cost savings purposes. He added that
had Council been able to review both requests in conjunction with each
other, he was not sure Council would have said "no" to rehabilitation of
the city-owned building.
Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor to
approve staff recommendation, with a direction to staff to respond to
Councilmember McKeown's concern via e-mail or through an
information item. 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
CLOSED SESSIONS:
Councilmember Shriver
arrived at 6:55 p. m.
Councilmember Holbrook
was excused at 7: 27 p. m.
Councilmember McKeown stated, for the record, that he voted "no"
because the lease should have been considered in conjunction with the
Council's action last meeting to demolish acity-owned building.
Member of the public Pro Se expressed concern regarding the manner in
which closed sessions are posted for public review.
On order of the Mayor, the City Council recessed to closed sessions at
6:24 p.m., and returned at 7:28 p.m., with Councilmember Holbrook
absent, to report the following:
4 March 24, 2009
2-A: Conference with Legal Counsel -Existing Litigation: In the
Matter of Compliance with Federal Obligations bathe City of Santa
Monica, California, FAA Docket No. 16-02-08.
ACTION: Heard. No reportable action taken.
2-B: 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-C: Conference with Legal Counsel -Anticipated Litigation:
Initiation of litigation pursuant to Section 54956.9c (initiation of 1
case to collect transient occupancy taxes owing from on-line booking
companies; retention of counsel).
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel -Existing Litigation: Powell
v. City of Santa Monica, Los Angeles Superior Court Case
Number SC 098205.
ACTION: Heard. No reportable action taken.
2-E: Conference with Legal Counsel -Existing Litigation: Hunter
v. City of Santa Monica, Los Angeles Superior Court Case Number
SC 094020.
ACTION: Heard. No reportable action taken.
2-F: Conference with Legal Counsel -Existing Litigation: Action
Apartment Association v. City of Santa Monica, U. S. Supreme
Court Case No. 08-1139.
ACTION: Heard. No reportable action taken.
STUDY SESSION: Motion by Mavor Pro Tem O'Connor, seconded by Councilmember
EXPO LIGHT RAIL & Davis, to hear Items 3-A and 8-A concurrently. The motion was
CIVIC CENTER CIP unanimously approved by voice vote, with Councilmember Holbrook
PROJECTS absent.
March 24, 2009
3-A: Proposed integrated framework for Downtown Expo Light
Rail Station and Civic Center CIP Projects -recommendation that
Council support the interdepartmental approach and provide direction on
staff recommendations, including the studies as outlined herein and
presented at the Study Session, was presented.
CIVIC AUDITORIUM/ 8-A: Santa Monica Civic Auditorium use and programming and
EARLY CHILDCARE Early Childcare Education Center -recommendation to authorize the
EDUCATION CENTER City Manager to Issue a Request For Qualifications from firms interested
in a public/private partnership for the use and programming of the Civic
Auditorium; and to negotiate and execute Agreement No. 9049 (CCS)
with Santa Monica College for the development of the Early Childcare
Education Center on the Civic Auditorium Campus, was presented.
Members of the public Joey Fullmer, M. Ross, Gwen Pugh, Jerry Rubin,
Ralph Mechur and Maryanne La Guardia spoke in support of Item 3-A.
Members of the public Irene Zivi, Betsy Hiteshaw, Katherine Muller,
Hara Beck and Mike Myers spoke in support of Item 8-A.
Motion by Councilmember McKeown. seconded by Councilmember
Bloom, to support the interdeparhnental approach; authorize the City
Manager to Issue a Request For Qualifications from firms interested in a
public/private partnership for the use and programming of the Civic
Auditorium; and to negotiate and execute Agreement No. 9049 (CCS)
with Santa Monica College for the development of the Early Childcare
Education Center on the Civic Auditorium Campus. The motion was
approved by the following vote:
AYES: Councilmembers Bloom, Davis, Shriver, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Holbrook
SPECIAL ITEMS: 4-A: Mayor Genser issued a proclamation declaring March 2009
PROCLAMATION as Women's History Month in the City of Santa Monica. Vice Chair
of the Commission on the Status of Women Amy Bishop Dunbar
accepted the proclamation.
6 March 24, 2009
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2285 (CCS)
AFFORDABLE HOUSING entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
PROGRAM AMENDING THE 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," was presented.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
O'Connor, to adopt the ordinance, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Holbrook
CODE ENFORCEMENT 7-B: Introduction and first reading of an ordinance of the City of
Santa Monica updating Chapter 1.10 of the Municipal Code to
clarify code enforcement rights and efforts by the City, was
presented.
Member of the public Kevin Kozal expressed concerns regarding the
intent of the proposed ordinance. Member of the public Kevin Kahn
spoke in support of enforcement of the current laws.
Motion by Councilmember McKeown, seconded by Mayor Genser, 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, Davis, McKeown, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: Councilmember Shriver
ABSENT: Councilmember Holbrook
RECESS TO SPECIAL On order of the Mayor, the regular City Council meeting recessed at
REDEVELOPMENT 10:05 p.m., to a Redevelopment Agency meeting and reconvened at
AGENCY MEETING 10:36 p.m., to its regular Council meeting with Councilmember
Holbrook absent.
7 March 24, 2009
PUBLIC HEARINGS: 9-A: Annual Homeless Review and Progress Report on Action Plan
ANNUAL HOMELESS to address homelessness -recommendation to hold a public hearing,
REVIEW receive a progress update on implementation of Year 1 of the City's
Action Plan to address homelessness in the City; and approve the
proposed Year 2 Action Plan Update, was presented.
Member of the public Ruth Sarnoff spoke in support of the report and
expressed concerns regarding the plight of the homeless, specifically
newly released members of the military service.
Motion by Councilmember Shriver, seconded by Councilmember Bloom,
to approve staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Bloom, Davis, Shriver, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Holbrook
COUNCIL ITEMS: 13-A: Appointment to one annual vacancy on the Pier Restoration
APPOINTMENTS Corporation for a term ending November 11, 2012.
On order of the Mayor, this matter was continued to Apri17, 2009.
13-B: Appointment to unscheduled vacancies to the following
Boards and Commissions:
Board/Commission No. of AQ?l ts• Term Endine
Airport Commission 1 6/30/2009
On order of the Mayor, this matter was continued to Apri17, 2009.
Commission/Status of Women
6/30/2010
On order of the Mayor, this matter was continued to Apri128, 2009.
Pier Restoration Corporation
11/10/2009
On order of the Mayor, this matter was continued to April 7, 2009.
March 24, 2009
RESOLUTION -MARINE 13-C: Request of Councilmember Bloom that the Council consider a
LIFE PROTECTION recommendation by the Task Force on the Environment to adopt
Resolution No. 10388 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA, SUPPORTING
IMPLEMENTATION OF THE MARINE LIFE PROTECTION ACT
(MLPA,)" as set forth in the sample resolution accompanying this
request., was presented.
Members of the public Charlotte Stevenson and Brian Meux spoke in
support of the request.
Motion by Councilmember Bloom, seconded by Councilmember
McKeown, to adopt the resolution, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Holbrook
DRY CLEANERS 13-D: Request of Councilmember McKeown that, pursuant to a
recommendation from Santa Monica's Task Force on the
Environment, Council authorize staff to prepare an ordinance
requiring non-toxic and non-smog forming garment care technology
for local "dry" cleaners; and prepare a resolution supporting the
Federal Trade Commission's certification of a professional "wet"
cleaning label, was presented.
Member of the public Gary Futterman spoke in opposition to the request
and in support of more discussion with affected principals.
Members of the public Hans Kim and Peter Sinsheimer spoke in support
of the request.
Motion by Councilmember McKeown, seconded b~yor Genser, to
authorize staff to consult with environmental advocates and with
representatives of the garment care industry to investigate, and if
appropriate, prepare an ordinance requiring non-toxic and non-smog
forming garment care technology and prepare the proposed resolution.
The motion was unanimously approved by voice vote, with
Councilmember Holbrook absent.
9 March 24, 2009
CONTINUING PAST Motion by Councilmember Bloom, seconded by Councilmember Davis,
11:00 P.M. to complete the remaining items on the agenda. The motion was
approved with Councilmember Shriver abstaining and Councilmember
Holbrook absent.
PAWNBROKERS 13-E: Request of Mayor Genser that the Council direct city staff to
return with an interim ordinance including "pawnbrokers" in the
list of permitted uses in the C-3 and C-3C zoning districts, was
presented.
Motion by Mayor Genser, seconded by Councilmember Davis, to
approve request. The motion was unanimously approved by voice vote,
with Councilmember Holbrook absent.
1334 5`" ST., INTERIM 13-F: Request of Mayor Genser that the Council direct city staff to
OCCUPANTS solicit interim occupants for the vacant tenant space at the soon-to-
be-acquired building at 1334 5th Street, with leasing preference for
Councilmember Shriver was independent retailers, retailers that are already located in downtown
excused at 11:15 p. m. Santa Monica but are facing expiring leases, pedestrian-oriented
retailers, retailers who provide goods and services that are under
represented in downtown Santa Monica and retailers whose goods
and services provide special assistance in these economically
challenging times, was presented.
Motion by Mayor Genser, seconded by Councilmember McKeown, to
approve request. The motion was unanimously approved by voice vote,
with Councilmembers Shriver and Holbrook absent.
CLIMATE ACTION 13-G: Request of Mayor Pro Tem O'Connor, Councilmember
BLUEPRINT Bloom and Councilmember McKeown that the Council endorse the
ICLEI-Local Governments for Sustainability Climate Action
Blueprint and the Local Government Commission Ahwahnee
Principles for Climate Change, was presented.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
O'Connor, to approve request. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Davis, Bloom, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers Shriver, Holbrook
10 March 24, 2009
FEDERAL FUNDS - 13-H: Request of Mayor Pro Tem O'Connor, Councilmember
TRANSPORTATION Bloom and Councilmember McKeown that Council support AB 20-
ECONOMIC STIMULUS Third Extraordinary Session that would increase the local share of
the Federal Transportation Economic Stimulus Funds, was presented.
Motion by Mayor Pro Tem O'Connor. seconded by Councilmember
Bloom, to approve request. The motion was approved by the following
vote:
AYES: Councilmembers McKeown, Davis, Bloom, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers Shriver, Holbrook
HOMELESS VETERAN 13-L Request of Council Member Shriver that the Council
HOUSING congratulate Common Ground on the recent award of a contract for
use of one of the unused buildings for housing homeless veterans on
the West Los Angeles VA campus; and to invite Common Ground
representatives to share their plans. In addition, request that the
Council discuss potential next steps for the City of Santa Monica to
build on the successes of the Homeless Community Court.
This item was not heard, and was subsequently withdrawn by
Councilmember Shriver.
PUBLIC INPUT Members of the public Pro Se, Denise Barton, Louisa Fish and Art
Casillas commented on various local subjects.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:27
p.m., in memory of Glenn Sundby.
AT T: APPROVED:
Maria M. Stewart Ken enG ser
City Clerk
Mayor
11 March 24, 2009