M-051209CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 12, 2009
A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:55 p.m.,
on Tuesday, May 12, 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 6:45 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 5:55 p.m., with
Councilmember Shriver absent. Assistant City Manager Jennifer
Phillips led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: At the request of the Mayor and the consensus of Council, the City
Council Consent Calendar and the Redevelopment Agency Consent
Calendar were combined into one joint meeting at 5:56 p.m.
All items were considered and approved in one motion unless removed
by a Councilmember for discussion.
Member of the public Joey Fullmer commented on various Consent
Calendar Items. Members of the public Jerry Rubin, Louise Steiner,
Herbert Silverstein, Kathy Knight and Linda Piera-Avila expressed views
related to Item 1-M. Member of the public Beverly Collins expressed
concerns related to Item 1-P.
At the request of Councilmember McKeown, Items 1-C, 1-K and 1-M
were removed from the Consent Calendar.
Motion by Agency/Councilmember McKeown, seconded bar/
May 12, 2009
Mayor Genser , to approve all items on the Consent Calendar as
presented except 1-C, 1-K and 1-M, reading resolutions by title only and !,
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Agency/Councilmembers Bloom, Holbrook, Davis,
McKeown, Chair/Mayor Pro Tem O'Connor, Chair/Nlayor
Genser
NOES: None
ABSENT: Agency/Councilmember Shriver
MINUTES 1-A: The minutes of the Apri128, 2009, City Council meeting were
approved as submitted.
URBAN SECURITY 1-B: Urban Area Security Initiative Grant Funds -
GRANT FUNDS recommendation to authorize the City Manager to accept $63,750 of
grant funds to fiirther enhance local homeland security efforts; and
authorize budget appropriations and changes proposed in the staff report,
was approved.
COMPLETE GREEN 1-D: Ocean Park Boulevard "Complete Green Street"
STREET -OCEAN PARK Improvement Project- recommendation to authorize the City Manager
to negotiate and execute an amendment to Contract No. 8958 (CCS) with
Urban Studio, in the amount of $85,000 for a total of $180,000, for
additional services for the project, was approved.
MEDICAL CONSULTING 1-E: Employee medical consulting services -recommendation to
SERVICES authorize the City Manager to negotiate and execute an amendment to
Contract No. 8881 (CCS) with Santa Monica Bay Physicians Medical
Group, in the amount of $185,000 and changing the terms of the contract
to month-to-month, was approved.
DOWNTOWN CIVIC 1-F: Downtown Civic Center area parking assessment -
CENTER PARKING recommendation to authorize the City Manager to negotiate and execute
Contract No. 9062 (CCS) with Nelson Nygaard, in the amount of
$118,978, for parking assessment at the Civic Center, was approved.
SOILS & GROUND 1-G: Environmental assessment, remediation and monitoring of
WATER ON CITY soils and groundwater on City property -recommendation to
PROPERTY authorize the City Manager to negotiate and execute an amendment to
Contract No. 8914 (CCS) with ICF International in the amount of $1,729;
appropriate $113,015 for FY 2008-09; and, authorize the City Manager to
negotiate and execute an amendment to Contract No. 8731 (CCS) with
Worley Parsons Komex in the amount of $285,900 for environmental
2 May 12, 2009
assessment, remediation, and monitoring of soils and groundwater on
City property, was approved.
PLAN FOR AIRPORT 1-H: Santa Monica Airport Sustainability Plan -recommendation
SUSTAINABILITY to adopt the Airport Sustainability Plan as an addendum to the
Sustainable City Plan and direct staff to implement the provisions of the
plan as City policy in terms of operations and procedures and as part of
Airport leasing policies, was approved.
BBB FACILITY 1-I: Inspection and materials testing services for BBB Facility
MATERIALS TESTING Expansion - recommendation to authorize the City Manager to negotiate
and execute an amendment to Contract No. 8804 (CCS) with Smith-
Emery Company, in the amount of $55,000, for a revised total of
$324,060, for additional services for the project, was approved.
FIRE DEPT. RADIO 1-J: Radio infrastructure equipment for reactivation of Fire
EQUIPMENT Department Communications Center-recommendation to authorize
the City Manager to approve asole-source purchase order with Motorola,
Inc. for the purchase and installation of radio infrastructure equipment in
the amount of $227,759, was approved.
SB 93 - KEHOE 1-L: Opposition to SB 93 (Kehoe) -recommendation to direct staff to
communicate opposition to SB 93, unless amended, as it would affect the
City's ability to fund public improvements in Santa Monica through the
Redevelopment Agency, was approved.
FIRE STATION 1-N: Fire Station Alerting System -recommendation to authorize the
ALERTING SYSTEM City Manager to negotiate and execute Contract No. 9065 (CCS) with
Westnet, Inc., in the amount of $161,922, for the purchase of an alerting
system, was approved.
DOWNTOWN STREET- 1-O: Application for authorization to develop Downtown Santa
CAR PROJECT Monica Streetcar Project -recommendation to authorize the City
Manager to submit an application for Small Starts Authorization, a
federal capital investment program, to authorize development of a
Downtown Santa Monica Streetcar Project, was approved.
REDEVELOPMENT 1-P: Property Conveyance from Habitat for Humanity to
AGENCY CONSENT Redevelopment Agency and Cancellation of Loan Agreement -
CALENDAR recommendation that the Redevelopment Agency authorize the Executive
HABITAT FOR Director to: Negotiate and execute Conveyance Agreement No. 9066
HUMANITY (CCS/RAS) and all other legal documents necessary to convey the
property at 2018 19th Street from Habitat for Humanity to the
Redevelopment Agency; and cancel all contracts, loan agreements and
May 12, 2009
financial obligations between the Developer and the Agency that relate to
this proposed affordable homeownership development, was approved.
RECESS OF JOINT On order of the Mayor, the joint meeting of the City Council and the
MEETING Redevelopment Agency was recessed at 6:08 p.m., and the regular
meeting of the City Council reconvened.
BBB CUSTODIAL 1-C: BBB Custodial Services -recommendation to approve an
SERVICES extension to the current month-to-month custodial services agreement
with High Tech Building Maintenance Company at the Big Blue Bus
through June 30, 2010, was presented.
Councilmember McKeown advised he removed this item from the
Consent Calendar because of his outstanding concern ofout-sourcing city
services. Staff answered questions of Councilmembers related to the
direction staff is taking on contracting of city services.
Motion by Councilmember McKeown, seconded by Mayor Censer, to
approve recommendation. 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
BAYSIDE DISTRICT BY- 1-K Bayside District Corporation Amended and Restated Services
LAWS AND AGMT. Agreement and Amended By-Laws -recommendation to authorize the
City Manager to execute the Amended and Restated Services Agreement
No. 9063 (CCS) with the Bayside District Corporation (BDC), and
approve BDC's Third Amended and Reinstated By-Laws, was presented.
Councilmember McKeown advised he removed this item from the
Consent Calendar to advise of communications he has received from
residents expressing concern over the lighting attached to the some of the
downtown trees, and to ask whether Bayside District or the City has
control over that task. Mayor Censer provided information on the
project. Discussion was held.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve recommendation. The motion was approved by the
following vote:
May 12, 2009
AYES: Councilmembers Bloom, Holbrook, Davis, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
URBAN FOREST 1-M: Long Range Urban Forest Master Plan -recommendation to
MASTER PLAN authorize the City Manager to negotiate and execute Contract No. 9064
(CCS) with Artecho Landscape Architecture, in the amount of $203,791,
to develop the long-range Urban Forest Master Plan, was presented.
Councilmember McKeown advised he removed this item from the
consent calendar to express concern that a consultant is being hired to do
what may be policy work that should be performed by the proposed
Urban Forest Task Force that Council recently approved. Staff provided
additional information.
Motion by Councilmember McKeown, seconded by Mavor Genser, to
approve recommendation. 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
CLOSED SESSIONS: Members of the public Pro Se, Patricia Hoffman and M. Ross
commented on closed session items.
Councilmember Shriver
arrived at 6.•45 p. m. On order of the Mayor, the City Council recessed to consider closed
sessions at 6:43 p.m., and reconvened at 8:03 p.m., to report the
following:
2-A: Conference with real property negotiator (Govt. Code section
54956.8): Property: Three parcels seaward of the 1921 Mean High
Tide Line and adjacent to 850 Palisades Beach Road
City negotiator: Andy Agle
Negotiating parties: City and Jonathan Club
Under negotiation: lease pricing and terms
ACTION: Heard. No reportable action taken.
May 12, 2009
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. 16-02-08.
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. CVOS-02695 CW(Ex).
ACTION: Heard. No reportable action taken.
2-D: 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-E: Conference with Legal Counsel -Existing Litigation: Bro2ger
et al. v. City of Santa Monica, Los Angeles County Superior Court
Case No. BC378071.
ACTION: Not heard.
2-F: Conference with Legal Counsel -Existing Litigation:
Aalashizadeh v. City of Santa Monica, Los Angeles Superior Court
Case No. SC 093 291.
ACTION: Not heard.
2-G: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b): matter involving signage at 1844 Lincoln
Boulevard.
ACTION: Not heard.
2-H: Conference with Legal Counsel -Existing Litigation: Oshiro
v. City of Santa Monica, Case No. CV 08-07035 SJO.
ACTION: Not heard.
6 May 12, 2009
SPECIAL ITEMS: 3-A: Mayor Genser issued a proclamation declaring May 2009 as
Mental Health Awareness Month in the City of Santa Monica.
STUDY SESSION: 4-A: Update on progress made towards the Draft Land Use and
DRAFT LAND USE Circulafion Element -recommendation to review and provide direction
AND CIRCULATION on critical action items that integrate with the Land Use and Circulation
ELEMENT Element (LUCE) Strategy Framework and progress on development of
the Draft LUCE, was presented.
Members of the public Jerry Rubin and Linda Piera-Avila commented on
various aspects of the presentation.
On order of the Mayor, the information was received and filed.
CONTINUED ITEMS: On order of the Mayor, the City Council recessed its regular meeting and
REDEVELOPMENT reconvened to the joint meeting with the Redevelopment Agency at 8:39
AGENCY CAPITAL p.m., with all members present.
FUNDING PRIORITIES
5-A: Redevelopment Agency Capital Funding Priorities and
Supplemental Report - recommendation to approve the redevelopment
funding priorities for capital improvement programs; and provide
direction regarding long-term redevelopment funding priorities for capital
improvement projects, was presented.
Agency/Councilmember Agency/Councilmember McKeown advised he was recusing himself
McKeown was excused at from discussion on the proposed joint project with the school district due
10.•15 p. m. to his employment relationship with the district.
The following members of the public spoke in support of funding for
various projects including but not limited to the joint use project with the
School District, Arts, Civic Center Plan, affordable housing, and child
care: Joey Fullmer, Asuka Hisa, Miranda Cano, Elizabeth Pezza, Patricia
Hoffman, Jan Williamson, Susanna Dakin, Elena Allen, Chris Harding,
Romy Phillips, Nat Trives, David Zelon, Michael Dowling, Alison
Kendall, Stuart Krohn, Abby Adams, Brett Conrad, John Van Wherein,
Hanna Siegel, Cooper Adams, Sienna Brooks, Riky Adams, Darrell
Clarke, Bruria Finkel, Dayton Parcells, Shari Davis, Michael Dubin, Judy
Abdo, and Sonya Sultan.
Considerable discussion ensued on the presentation of the priorities and
the public comment received.
7 May 12, 2009
Motion b~genc~Councilmember Bloom, seconded by Agency/
Councilmember Shriver, to approve the staff recommendation proposed ',
on page 4 of the original staff report, as amended by the supplemental '.
report.
Substitute motion by Council/Agency Member Holbrook, seconded by
Chair/Mayor Genser, to set the five highest funding priorities as follows:
Phase 1 of school project for approximately $57 million; fund shared
parking and find best possible location for shared parking; the Pico
Neighborhood Library; transit stations and street improvements; child
care; and the full park system and art components in the Civic Center.
Motion to amend by Council/Agency Member Bloom, to add Memorial
Park planning. The motion was approved as friendly. The substitute
motion was approved as amended by the following vote:
AYES: Agency/Councilmembers Bloom, Holbrook, Davis,
Shriver, Chair/Mayor Pro Tem O'Connor, Chair/Mayor
Genser
NOES: None
ABSENT: Agency/Councilmember McKeown
ADJOURNMENT OF On order of the Mayor, the joint meeting with the Redevelopment
SPECIAL JOINT Agency was adjourned at 11:52 p.m., and the regular City Council
MEETING meeting was reconvened.
ORDINANCES: 7-A: Introduction and first reading an ordinance amending Santa
SOLAR ENERGY Monica Municipal Code Sections 9.04.10.02.220, 9.04.10.02.030,
SYSTEMS 9.04.10.02.070, 9.04.10.02.140, and 9.04.10.02.180 pertaining to Solar
Energy Systems Design Standards and related provisions to facilitate
the installation of Solar Energy Systems.
On order of the Mayor, this matter was continued to a future meeting.
MASSAGE ORDINANCE 7-B: Introduction and first reading of an ordinance adding Section
6.104.055 to the Municipal Code extending massage technician
permits for two months, was presented.
Councilmember McKeown Member of the public Jim Pirri spoke in support of the ordinance.
returned at 11:54 p. m.
Motion by Councilmember Holbrook, seconded by Councilmember
Councilmembers Davis and McKeown, to introduce ordinance for first reading, reading by title only
Shriver were excused at and waiving further reading thereof. The motion was approved by the
I1: 57 p. m. following vote:
May 12, 2009
AYES: Councilmembers Bloom, Holbrook, McKeown, Mayor
Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers Davis, Shriver
STAFF ITEMS: 8-A: Water Shortage Response Plan and declaration of an
WATER SHORTAGE Advisory Water Shortage Emergency -recommendation to adopt a
RESPONSE PLAN resolution adopting a Water Shortage Response Plan; and adopt a
resolution declaring an Advisory Water Shortage Emergency effective
July 1, 2009.
On order of the Mayor, this item was continued to a future meeting.
PUBLIC HEARINGS: 9-A: FY2009-2010 One-Year Action Plan Allocating Community
CDBG & HOME FUNDS Development Block Grant (CDBG) and HOME Investment
Partnership Act Program Funds -recommendation to hold a public
hearing, accept public comment and approve the One-Year Action Plan;
approve proposed substantial amendment to the Consolidated Plan 2008
Action Plan for the Homelessness Prevention and Rapid Re-housing
Program; and authorize staff to submit all documents required to receive
Councilmember Davis the CDBG, HOME, and Homeless Prevention and Rapid Re-housing
returned at 12: 01 a. m. grant funds, was presented.
Councilmember Shriver Supplemental Report: Recommendation to approve a second Proposed
returned at 12:02 a. m. Substantial Amendment to the consolidated Plan 2008 Action Plan for
the CDBG under the American Recovery and Reinvestment Act of 2009;
and authorize staff to prepare necessary documents to receive related
grant funding, was presented.
Members of the public Cindy McQuade, Trudy Woodbury, Booker
Peazson and David Snow commented on various aspects of the proposed
use of funds.
Motion by Councilmember Shriver, seconded by Councilmember Davis,
to approve recommendation. 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
COUNCIL ITEMS: 13-A: Appointment to one annual vacancy on the Pier Restoration
APPOINTMENTS Corporation for a term ending November 11, 2012.
May 12, 2009
On order of the Mayor, the floor was opened for nominations.
Mavor Genser nominated Ellen Brennan for a third term. Ms. Brennan
was appointed by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Bloom,
Mayor Genser
NOES: None
ABSTAIN: Councilmember Holbrook, Mayor Pro Tem O'Connor
ABSENT: None
13-B: Appointment to unscheduled vacancies to the following
Boards and Commissions: (Continued from Apri128, 2009)
Board/Commission No. of Ap_pts. Term Ending
Airport Commission 1 6/30/2009
On order of the Mayor, the floor was opened for nominations to the
Airport Commission.
Mayor Genser nominated Stephen Mark. There being no other
nominations, Mr. Mark was appointed by acclamation.
Comm. Status of Women 1 6/30/2010
On order of the Mayor, the floor was opened for nomination to the
Commission on the Status of Women.
Councilmember McKeown nominated Emily Arms. There being no
other nominations, Ms. Arms was appointed by acclamation.
Pier Restoration Corporation 1 11/10/2009
On order of the Mayor, this matter was continued to June 9, 2009.
13-C: Appointment to one unscheduled vacancy to the Planning
Commission for a term ending on June 30, 2011.
On order of the Mayor, the floor was opened for nominations tot he
Planning Commission.
Mavor Genser nominated Ted Winterer.
10 May 12, 2009
Councilmember Bloom nominated Jason Parry.
Mr. Winterer was appointed by the following vote:
Winterer: Councilmembers McKeown, Shriver, Holbrook, Mayor
Genser
Parry: Councilmembers Davis, Bloom, Mayor Pro Tem
O'Connor
EXPO METRO LINE On order of the Mayor, this matter to be heard out of order.
AUTHORITY BOARD
13-E: Request of Mayor Genser to reappoint Mayor Pro Tem
O'Connor to an additional term on the Board of Directors of the
Exposition Metro Line Construction Authority Board, was approved.
Motion by Mayor Genser, seconded by Councilmember Shriver, to
reappoint Mayor Pro Tem O'Connor. The motion was unanimously
approved by voice vote, with all members present.
PROPOSITIONS 1-D On order of the Mayor, Items 13-D and 13-F were heard concurrently.
Councilmember Shriver 13-D: Request of Councilmember Davis that the City Council
was excused at 12:30 a. m. oppose Propositions 1D and lE in the Statewide Special Election set
for May 19, 2009. Proposition 1D will divert $1.7 billion over the
next 5 years from early childhood programs to the State's General
Fund. Proposition lE will divert $460 million over the next 2 years
from mental health programs that reduce incarceration,
homelessness, and emergency room visits to the State's General
Fund, was presented.
13-F: Request of Councilmember Bloom that the City Council
discuss and take positions on Propositions lA, 1B, 1C, 1D and lE in
the Statewide Special Election set for May 19, 2009. Request is also
made that the Council consider combining this item with Agenda
item 13-D. Propositions lA - lE are matters of great significance to
residents of the City of Santa Monica insofar as some state leaders
are threatening to use local government revenues to balance the state
budget whether or not the five ballot measures pass, was presented.
There was no one present for public comment.
Motion by Councilmember Bloom, seconded by Councilmember Davis,
to vote "no" on 1 A, 1 B, 1 C and 1 D.
11 May 12, 2009
Substitute motion by Mayor Genser, seconded by Councilmember Davis,
to oppose lA, 1C, 1D and lE. The motion was approved by the
following vote:
AYES: Councilmembers Bloom, Davis, McKeown, Mayor
Genser
NOES: None
ABSTAIN: Mayor Pro Tem O'Connor, Councilmember Holbrook
ABSENT: Councilmember Shriver
Motion by Councilmember Bloom, seconded by Councilmember
McKeown, to oppose 1B. The motion failed by the following vote:
AYES: Councilmembers Bloom, Davis, McKeown
NOES: Mayor Genser
ABSTAIN: Councilmember Holbrook, Mayor Pro Tem O'Connor
ABSENT: Councilmember Shriver
PUBLIC INPUT: Members of the public Pro Se, Denise Barton, M. Ross, Lori Hammond,
Zhila Morrissi, Lizbeth Baker-Wade, Alyssa King, and Joe Neulin
discussed various local issues.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:55
a.m, in memory of Frank Castille, Sr., Dr. Ruth Carr, and Mark Galvan.
ATTEST: PPROVED:
~~ ~
Maria M. Stewart Ken Genser
City Clerk
Mayor
12 May 12, 2009