M-081109CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 11, 2009
A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:50
p.m., on Tuesday, August 11, 2009, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tem Pam O'Connor
Councilmember Richazd Bloom
Councihnember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Absent: Councilmember Bobby Shriver
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
Assistant City Attorney Joseph Lawrence
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:50 p.m., with
Councilmember Shriver absent. Lee Swain, Director of Public Works,
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 Joy Fullmer, Jerry Rubin, Damien Good and Clint
Simmons commented on vazious Consent Calendaz items.
Motion by Councilmember Bloom. seconded by Mayor Pro Tem
O'Connor, 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:
August 11, 2009
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom, ,
Mayor Pro Tem O'Connor, Mayor Genser j
NOES: None
ABSENT: Councilmember Shriver
MINUTES 1-A: The minutes of the July 28, 2009, City Council meeting, were
approved as submitted.
COMMUNITY SUSTAIN- 1-B: Community Sustainability Liaison -recommendation to
ABILITY LIAISON authorize the City Manager to negotiate and execute Agreement No. 9099
(CCS) with Community Partners, in the amount of $87,500, for the
Community Sustainability Liaison, was approved.
CANCELLED COUNCIL 1-C: Recommendation to cancel the regular August 25, 2009, City
MEETING Council meeting due to a lack of a quorum, was approved.
BBB INTERIOR DESIGN 1-D: Interior design for the BBB Operations Building -
recommendation to authorize the City Manager to negotiate and execute
an amendment to Contract No: 8956 (CCS) with Harley Ellis Devereaux
Corporation, in the amount of $145,530 for a total of $410,879, for
desigrA services for the building at 1660 7`h Street, was approved.
a
STREET RESURFACING 1-E: Street resurfacing project - recommendation to authorize the
City Manager to negotiate and execute an amendment to Contract No. ~
9054 (CCS) with Silvia Construction, in the amount of $70,818 for a
total of $685,555, for the federally-funded project, was approved.
MEASURE V PRIORITY 1-F: Measure V Priority Projects -recommendation to authorize the
PROJECTS City Manager to negotiate and execute an amendment to existing
Contract No. 8941 (CCS) with Black & Veatch, in the amount of
$153,000 for a total of $503,000, to provide additional concept studies
and expenditure analysis for Measure V priority projects; and appropriate
$153,000 as proposed, was approved.
PRC WORKPLAN AND 1-G: Pier Restoration Corporation (PRC) work plan and budget -
BUDGET recommendation to approve the PRC's Fiscal Year End 2010 budget and
work plan, was approved.
VEHICLE REPLACE- 1-H: Grant funding to offset vehicle replacement costs -
MENT GRANT FUNDING recommendation to authorize the City Manager to negotiate and execute
Contract No. 9100 (CCS) with Mobile Source Air Pollution Reduction
Review Committee Alternative Fuels Local Government Match Program
of the South Coast Air Quality Management District to obtain funds to
offset vehicle replacement costs, was approved.
2 August 11, 2009
HUMAN RESOURCES & 1-I: Maintenance of City's Human Resource and Payroll System -
' PAYROLL SYSTEM recommendation to approve a sole source purchase order with Oracle
USA, Inc. for the purchase of software maintenance and support services
for a total amount not to exceed $578,695 over the next four years, was
approved.
AFFORDABLE HOUSING 1-J: Tax-Exempt Bonds for Three Affordable Housing
TAX EXEMPT BONDS Developments -recommendation to adopt Resolution No. 10420 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY OF MULTIFAMILY
HOUSING REVENUE BONDS TO ASSIST IN THE FINANCING OF
THREE MD~ED-USE DEVELOPMENTS AT LINCOLN WALK
APARTMENTS, QUONSET COURT APARTMENTS, AND
MODENA, TUSCANY AND SPOLETO APARTMENTS, THAT WILL
BE AFFORDABLE TO LOW- AND MODERATE-INCOME
HOUSEHOLDS," was approved.
LOBBYING SERVICES 1-K: Big Blue Bus Washington Representative/Lobbying Services -
recommendation to authorize the City Manager to negotiate and execute
professional services Agreement No. 9101 (CCS) with The Ferguson
Group, LLC, in an amount not to exceed $35,000, for Federal
representative and lobbying services as part of the Municipal Transit
Operators Coalition, was approved.
SENATE BILL 546 1-L: Recommendation to support Senate Bi11546 (Lowenthal)
Waste Oil Re-Refined Oil and direct staff to take appropriate
actions, was approved..
JUSTICE ASSISTANCE 1-M: Recovery Act Justice Assistance Grant MOU -
GRANT FUNDS recommendation to authorize the City Manager to execute Memorandum
of Understanding No. 9102 (CCS) with the City of Los Angeles, which
will allow the City of Santa Monica to accept grant funding from the
Department of Justice for the amount of $248, 354.25, was approved:
OUTDOOR FURNITURE 1-N: Purchase of Outdoor Furniture -recommendation that Council
increase the existing purchase order with JANUS et Cie by $6600 for a
new total amount of $163,759 for furniture for Beach House pool area at
the Annenberg Community Beach House, was approved.
August 11, 2009
BIODIESEL FUEL 1-O: Purchase of Biodiesel Fuel -recommendation to approve an
extension of current purchase order with General Petroleum, in the
amount of $1,240,000, for the BBB and Community Maintenance
Departments, for the purchase of Biodiesel fuel blend mixtures that are in
full compliance with current requirements and regulations through
1 I/30/09 or until award of formal bid, was approved.
CIRCULATION STUDY 1-P: Contract for Circulation Study -recommendation to authorize
the City Manager to negotiate and execute Contract No. 9103 (CCS) with
Fehr & Peers, in the amount of $89,100, to analyze proposed circulation
alternatives to accommodate the light rail transit station at Colorado
Avenue and 4~' Street, was approved.
CLOSED SESSIONS: 2-A: Conference with Legal Counsel -Existing Litigation: Chubna
et al. v. City of Santa Monica, USDC, Case No. CV09-5046 CBM
~x)•
ACTION: Heard. No reportable action taken.
2-B: Conference with real property negotiator (Govt. Code section
54956.8):
Property: (3 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.
2-C: Anticipated Litigation: Initiation of Litigation pursuant to
Section 54956.9c (California Regional Water Quality Control Board,
Clean Up and Abatement Order No. R4-2008-0034, Former Gillette
Paper Mate facility, 1681 26th Street, Santa Monica, Ca.)
ACTION: Heard. No reportable action taken.
2-D: 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:
4 August 11, 2009
2-E: Conference with Legal Counsel -Existing Litigation: United
Staten of America and Peters v. City of Santa Monica, USDC, Case
No. CV08-02695 CW(Ex)
ACTION: Heard. No reportable action taken.
2-F: Conference with Legal Counsel -Existing Litigation:
Brogger, et al. v. City of Santa Monica, LASC Case No. BC378071.
ACTION: Heard. No reportable action taken.
2-G: Conference with Legal Counsel -Existing Litigation: Powell
v. City of Santa Monica, Los Angeles Superior Court Case No. SC
098205.
ACTION: Not Heard.
2-H: Public Employee Evaluations.
Title of Employee: City Manager
ACTION: Heard. No reportable action taken.
STUDY SESSION: 3-A: State of California, Deparhnent of Transportation (Caltrans)
Projects -recommendation that City Council review and provide
comments on: the proposed revisions to the project scope of work and
schedule for the California Incline Project; the status of the Palisades
Bluffs Project; and the proposed relinquishment of Lincoln Boulevard
from the Santa Monica Freeway to the Southerly City Limits, was
presented.
Member of the public 7eny Rubin commented in support of the proposed
projects.
Discussion ensued on the merits, timing and funding of the projects.
After considerable discussion, on order of the Mayor, the information
was received and filed.
ORDINANCES: 7-Ai Introduction and adoption of Ordinance No. 2293 (CCS)
LIBRARY GENERAL entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
OBLIGATION BONDS SETTING THE 2009/2010 TAX RATE FOR THE LIBRARY
GENERAL OBLIGATION BONDS," was presented.
There was no one present for public comment.
August 11, 2009
Motion by Councilmember Holbrook, seconded by Councilmember
Davis, to introduce and adopt ordinance, reading by title only and
waiving further reading thereof. The motian was approved by the
following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
SPEED LIMITS 7-B: Introduction-and first reading of an ordinance establishing
speed limits pursuant to Engineering and Traffic Survey and the
California Vehicle Code, and amending the Municipal Code; was
presented.
There was no one present for public comment.
Motion by Mayor Pro Tem O'Connor. seconded by Councilmember
Davis, 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, Holbrook, Davis, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
STAFF ITEMS:
EXPOSITION LIGHT 8-A: Exposition Light Rail Phase 2 Maintenance Facility Update -
RAIL Exposition Construction Authority Consideration of Verizon Site
and Exploration of Possible New Hybrid Site within the City of
Santa Monica -recommendation to: 1) authorize the City Manager to
work with the Exposition Construction Authority (Expo) to further
explore a new hybrid site consisting of the Verizon property, the Santa
Monica College parking lot. and a portion of the City Yard for the
maintenance facility; 2) request Expo to continue working with the City
and community to ensure that any environmental impacts associated with
the new hybrid Verizon site are fully mitigated; 3) direct staff to work
with Expo and other agencies on layout and financial issues associated
with the newly proposed alternative; 4) direct City staff to analyze option
and work with Expo to meet applicable relocation needs and the
exploration of joint use and/or co-location of facilities; 5) direct staff to
work with Santa Monica College on the identification and acquisition of
a parcel(s) acceptable to them that will at a minimum make them whole;
6 August 11, 2009
6) direct staff to work with Expo to minimize the visual and
environmental impacts of the maintenance facility and enhance its
aesthetic interface with the community; and, 7) direct staff to work with
Expo to develop any necessary agreements regarding the co-location/joint
use of the City Yard site if the new hybrid site is recommended and
adjust the final budget for the Expo Phase 2 project as appropriate, was
presented.
Members of the public Dan Dubrowski, Jim Jacobsen, Jerry Rubin,
Howard Robinson, Christel Andersen and Dan•ell Clarke spoke in
support of the proposals.
The following members of the public spoke generally in support of Light
Rail but in opposition to some of the proposals for the maintenance
station site: Alan Quinn, Massi Kelley, Peter Gutierrez, Ted Bischak,
Randy Walburger, Susan Hartley, Sarah Devine Ponthier, Dale
Goldsmith, Oscar de la Torre, Kristina Lizama, Irma Carranza, Mario
Perez, Patricio Acosta, Maria Loya, Michael Storms, Nina Path, Eleanor
Path, Ella Ponthier, Catherine Eldridge, Genise Schnitman, Michael
Tarbet, Marcia. Zimmer, Ilda Jimenez y West, Chris Jimenez West, and
Robin Roy.
1 Considerable discussion. ensued related to the various proposed sites for
the maintenance facility, the timing of the projects and the comments
made by members of the publid.
Motion by Councilmember Bloom, seconded by Councilmember Davis,
to approve the 7 recommendations in the staff report specific to including
the hybrid option in the EIR; request that Expo continue the process and
dialogue with the residential and commercial community; and that the
Expo Authority fully assess Site 201 and return with information and
recommendations with respect to that site.
Motion to amend by Councilmember Davis, in the phrase contained in
recommendation one of the staff report that reads, "a linear buffer of 120
feet for most of the frontage facing residents ," add the phrase "a city-
owned or controlled linear buffer." The motion was accepted as friendly
by the maker. The motion, as amended, was approved by the following
vote:
AYES: Councilmembers Bloom, Holbrook, Davis, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
August 11, 2009
JONATHAN CLUB 8-B: Future use of beach property leased by Jonathan Club and
LEASED BEACH Supplemental Reports - recommendation to determine whether, in
PROPERTY accordance with the permit and lease (Permit for Improvements and
Lease Option Agreement by and between State of California, City of
Santa Monica and Jonathan Club) executed in 1984, between the State of
California, City of Santa Monica and Jonathan Club, there has been a
material change in the need for public use of the three beach parcels
leased to the Jonathan Club for private use; authorize and direct staff to
take action consistent with the determination and the lease teens, was
presented.
Member of the public Jerry Rubin spoke in opposition to the continued
lease of beach property.
Motion b~yor Genser, seconded by Councilmember Holbrook, that
Council believes that there's no material change sufficient in need for
public use of any of the particular parcels and direct staff to return with
findings, and accept offer made by Jonathan Club. 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 his "no" vote
reflects a belief based on information compiled by City staff that there
has been a material increase in demand for the use of Santa Monica
Beach including those three parcels.
COUNCIL TRAVEL 8-C: Council Travel Policy -recommendation to consider suggested
POLICY revisions to existing Policy and direct staff to return with a resolution
approving any necessary amendments.
PUBLIC HEARINGS:
CONGESTION MGMT.
PROGRAM
Councilmember Bloom was
excused at 11: 38 p. m.
On order of the Mayor, this matter was continued to September 8, 2009..
9-A: Public Hearing and Adoption of a Resolution Finding the City
to be in Compliance with the Congestion Management Program -
recommendation to hold a public hearing, receive public comment, and
adopt Resolution No. 10421 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA STATING THAT THE CITY IS IN
COMPLIANCE WITH THE 2004 L.A. COUNTY CONGESTION
MANAGEMENT PROGRAM (CMP), INCLUDING ADOPTION OF
THE ANNUAL LOCAL DEVELOPMENT REPORT," was presented.
August 11, 2009
There was no one present for public comment.
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 McKeown, Davis, Holbrook, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers Shriver, Bloom
WRITTEN REQUESTS: 12-A: Request of Andrea Curl that the Council review the no
touching ordinance for vendors in the City of Santa Monica to allow
for free 1 minute chair massages by a licensed and insured masseuse
on the Third Street Promenade.
At the request of Ms. Curl, and on order of the Mayor, this matter was
continued to a future meeting.
COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions.
ANNUAL APPTS.
Board/Commission No. of Appts. Terms Ending
Accessibility Appeals Board 2 06/30/2013
Comm., Sr. Community 2 06/30/2013
Convention & Visitors Bureau 2 06/30/2013
Disabilities Commission 1 06/30/2013
Personnel Board 1 06/30/2014
Recreation and Parks Commission 1 06/30/2013
Social Services Commission 2 06/30/2013
On order of the Mayor, annual appointments were continued to
September 8, 2009.
UNSCHEDULED APPTS. 13-B: Appointment to one unscheduled vacancy to the Pier
Restoration Corporation for a term ending on November 10, 2009.
On order of the Mayor, this matter was continued to September 8, 2009.
13-C: Appointment to one unscheduled vacancy on the Arts
Commission for a term ending on June 30, 2011.
On order of the Mayor, this matter was continued to September 8, 2009.
9 August 11, 2009
TRAVEL FUNDS 13-D: Request of Mayor Genser that Council approve funds for
travel to the Mayor's Ocean Summit to be held August 28, 2009, in
Watsonville, California, was presented. 4
Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to
approve request. The motion was approved unanimously by voice vote,
with Councilmembers Bloom and Shriver absent.
USE OF COUNCIL 13-E: Request of Mayor Genser that the City Council waive
CHAMBERS customary fees for use of Council Chambers to allow the California
Energy Commission to conduct a staff workshop on natural gas and
propane on Friday, September 18, 2009, from 9:00 a.m. to 4:00 p.m.,
was presented.
Motion by Mayor Genser, seconded by Councihnember Holbrook, to
approve request. The motion was approved unanimously by voice vote,
with Councilmembers Bloom and Shriver absent.
RESIGNATION 13-F: Recommendation to accept Terry O'Day's resignation from
the Planning Commission and authorize the City Clerk to publish
the vacancy, was presented. _
Motion by Mayor Pro Tem O'Connor, seconded by Mayor Genser, to
accept resignation with regrets and approve recommendation. The
motion was approved unanimously by voice vote, with Councilmembers
Bloom and Shriver absent.
PUBLIC INPUT Members of the public Kelly Kasloy, Denise Barton, Pro Se, M. Ross and
Dhun May discussed various local issues.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:51
p.m. in memory of Eunice Kennedy Shriver and Patricia Allison.
APPROVED:
Maria M. Stewart tl Ken Genser
City Clerk
Mayor
10 August 11, 2009