(NOT APPROVED)
CITY OF
CITY COUNCIL MINUTES
JANUARY 8, 2008
A regular meeting of the
Santa Monica City Council was called to order by Mayor Katz at 5:48 p.m., on Tuesday,
January 8, 2008, 2008, at City Council Chambers,
Roll Call: Present: Mayor Herb Katz
Mayor Pro Tem Richard
Bloom
Councilmember Ken
Genser
Councilmember Robert
T. Holbrook
Councilmember Kevin
McKeown
Councilmember Pam
O’Connor (arrived at 6:02 p.m.)
Councilmember Bobby
Shriver (arrived at 6:06 p.m.)
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 Councilmembers Shriver and O’Connor
absent. Councilmember Holbrook 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 and Joe Natoli commented on various Consent Calendar items.
At the request of
Councilmember Genser Item 1-E was removed from the Consent Calendar. At the request of Councilmember McKeown Items
1-F and 1-G were removed from the Consent Calendar.
Motion by Councilmember
Genser, seconded by Councilmember McKeown, to approve all items on the Consent Calendar as presented except Items
1-E, 1-F and 1-G, reading resolutions by title only and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers Holbrook, Genser,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers
O’Connor, Shriver
MINUTES
1-A: The minutes of the November 27, December 4, and December
11, 2007, City Council meeting, were approved as submitted.
CEMETERY & MAUSOLEUM
CARE
1-B: Cemetery and Mausoleum Perpetual Care Funds –
recommendation to authorize the City Manager to negotiate and execute an
amendment to the existing Contract No. 8870 (CCS) with RNC Capital Management
LLC, in the amount of $60,000 for a total not to exceed amount of $130,000, for
management of the Cemetery and Mausoleum Perpetual Care Funds, was approved.
1-C: Resolution No. 10267 (CCS) entitled: “A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 62429 FOR A FIVE-UNIT
CONDOMINIUM PROJECT AT
WASTEWATER RATES
1-D: Proposed Wastewater Rate Adjustments consultation services
- recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 8726 (CCS), with Raftelis Financial Consultants, in
the amount of $18,750, for additional consulting services for the project, was
approved.
REJECTION OF BID - TRANSIT
VEHICLES
1-H: Recommendation to reject Bid No. 2924 to furnish and deliver
up to five small alternative fuel transit vehicles, was approved.
STREET, SIDEWALK, CIVIC PARKING
LOT IMPROVEMENTS
1-E: Street, Sidewalk, Drainage and Civic Auditorium Parking Lot
Improvement Project - recommendation to authorize the City Manager to
negotiate and execute construction Contract No. 8871 (CCS) with Sequel
Contractors, in the amount of $8,259,040; construction management Contract No.
8872 (CCS) with URS Corporation in the amount of $832,700; accept a $54,000
grant from California Integrated Waste Management Board and approve proposed
budget changes; and appropriate $50,000 in grant funds from Proposition C, was
presented.
Councilmember Genser advised
he removed this item from the Consent Calendar because there might have a
potential conflict of interest with this matter and asked the City Attorney to
comment.
City Attorney Marsha Moutrie
reviewed the conflict of interest rules and advised that an exception applies
and there is no conflict because of the extreme breadth of the project.
Motion by Councilmember
Genser, to approve recommendation.
Councilmember McKeown
requested to amend the motion to give direction that in overseeing the
implementation of the contract staff give specific attention to curbs, gutters,
stormdrains and discontinuities that run parallel to the direction of travel in
the curb lane.
The amendment was accepted as
friendly by the maker. Councilmember McKeown seconded the motion as
amended. The motion as amended was
approved by the following vote:
AYES: Councilmembers Holbrook, Genser,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers
O’Connor and Shriver
CIVIC AUDITORIUM
ELECTRICAL
1-F: Civic Auditorium Electrical Upgrade Project -
recommendation to authorize the City Manager to negotiate and execute Contract
No. 8873 (CCS) with A-1 Electrical Service Company, in the amount of $446,000,
for the project, was presented.
Councilmember McKeown advised
he removed this item from the Consent Calendar to assure that the electrical
upgrade anticipates future uses of the
Motion by Councilmember
McKeown, seconded by Councilmember Genser, to approve recommendation. The
motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers
O’Connor and Shriver
FARMERS’ MARKET BUS RIDES
1-G: Cancellation of Farmers' Market bus rides -
recommendation to authorize the Big Blue Bus to cancel the Downtown and the
Pico Farmers' Market ride services due to very low ridership, was presented.
Councilmember McKeown advised
he removed this item from the Consent Calendar to confirm that the bus maps
will be revised to reflect this change.
Staff answered questions to staff.
Motion by Councilmember McKeown,
seconded by Councilmember Genser, to
approve recommendation. The motion was
approved by the following vote:
AYES: Councilmembers Holbrook, Genser,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers
O’Connor and Shriver
SPECIAL JOINT MEETING
On order of the Mayor, the
City Council recessed its regular meeting at 6:02 p.m., to a joint meeting with
the Redevelopment Agency, with Councilmember Shriver absent.
LEASE OF SPACE:
(Councilmember O’Connor arrived at 6:02 p.m.)
1-I: Lease of space at 1901 Main Street and lease renewal at
1212 5th Street for office space - recommendation that the City Council
authorize the City Manager to negotiate and execute Lease No. 8874 (CCS) with
AMDA, and renewal for Lease No. 8404 (CCS) with Wilshire & 5th I & II,
for City offices; appropriate $98,200 as proposed; and authorize the
expenditure of $600,000 for tenant improvement costs. Recommendation that the Council and the
Redevelopment Agency approve proposed appropriation of $360,000 from the
Redevelopment Agency; and authorize the City Manager and the Executive
Director, respectively, to execute Reimbursement Agreement No. 8875 (CCS/RAS)
between the City and the Agency for the $360,000, was presented.
Member of the public Joe Natoli expressed
concerns regarding the proposal.
Motion by Councilmember
Holbrook, seconded by Councilmember Genser, to authorize the City Manager to negotiate and execute Lease No. 8874
(CCS) with AMDA, and renewal for Lease No. 8404 (CCS) with Wilshire & 5th I
& II, for City offices. The motion
was approved by the following vote:
AYES: Councilmembers McKeown, O’Connor,
Genser, Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember
Shriver
ADJOURNMENT OF SPECIAL
JOINT MEETING
On order of the Mayor, the
special joint meeting with the Redevelopment Agency was adjourned and the City
Council reconvened to their regular meeting and recessed at 6:06 p.m., to
consider closed sessions. The City
Council reconvened at 7:25 p.m., with all members present, to report the
following:
CLOSED SESSIONS:
(Councilmember Shriver
arrived at 6:06 p.m.)
2-A: Conference with Legal Counsel – Existing
Litigation: Richard Schneider v. City of
ACTION: Heard.
No reportable action taken.
2-B:
Conference with Legal Counsel –
Existing Litigation: Henry Morgan v. City of
ACTION: Heard.
No reportable action taken.
2-C: Conference with Legal Counsel – Existing
Litigation: Carmen Garay v. City of
Motion
By Councilmember O’Connor, seconded by Councilmember Holbrook, to approve settlement in the amount of $30,000. The motion was approved by the following
vote:
AYES: Councilmembers
McKeown, O’Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
2-D: Conference with Legal Counsel - Existing
Litigation: Abraham Supino v. City of
ACTION: Heard.
No reportable action taken.
2-E: Conference with Legal Counsel -
Existing Litigation: City of
ACTION: Heard.
No reportable action taken.
SPECIAL ITEMS:
SCE
UPDATE
4-A: Presentation by Southern California
Members
of the public Joy Fullmer and Brian Hutchings expressed various concerns.
Mark
Olson, representing Southern California Edison, provided an update and answered
questions of Councilmembers.
APPEALS:
6-A: Appeal of Planning Commission's approval
of Conditional Use Permit (CUP) to allow off-site and on-site sale and
dispensation of alcoholic beverages at 2000 Main Street - recommendation to
deny appeal and uphold the Planning Commission's approval of the CUP to allow
the off-site and on-site sale and dispensation of alcoholic beverages at a
retail grocery store, was presented.
Joshua
Kaplan, representing appellant, spoke in support of the appeal and against the
project.
Brandon
Kim, applicant, spoke in opposition to the appeal and in support of the
project.
Members
of the public Britt Allcroft, Sean Kehoe, Marianne O’Donnell, and Daniel
O’Donnel spoke in support of the appeal.
Member of the public Jerry Rubin spoke in opposition of the appeal.
Brandon
Kim, applicant, presented a rebuttal to public comment.
Joshua
Kaplan, representing appellant, presented a rebuttal to public comment.
Motion
by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to deny the appeal and uphold the Planning
Commission’s approval of the Conditional Use Permit. The motion was approved by the following
vote:
AYES: Councilmembers
Holbrook, Genser, O’Connor, McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: Councilmember
Shriver
ABSENT: None
2402
45h STREET
6-B: Appeal of Landmarks Commission's denial
of reconstruction of brick work at
Appellant/Applicant
Tammy Cameron spoke in support of the appeal.
Members
of the public Deborah Levin and Ruthann Lehrer spoke in opposition of the
appeal.
Members
of the public James Whilemyer, Penelope Deihl, Sarah Aartle and Philip Slaughter
spoke in support of the appeal.
Ms.
Cameron presented a rebuttal to comments made by members of the public.
Motion
by Councilmember Genser, seconded by Councilmember McKeown, to deny the appeal and uphold the decision of the
Landmarks commission. The motion was
approved by the following vote:
AYES: Councilmembers
McKeown, O’Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
ORDINANCES:
7-A: Introduction and first reading of an
ordinance amending Municipal Code Section 4.08.025 and 4.08.060 relating to
regulation of beach and water activities at Santa Monica State Beach, was
presented.
The
following members of the public spoke in opposition to the proposed regulations
and expressed concerns: Christina Andersen, Jennifer Argento, Sydney Lovelace,
Allen King, Rabbi Shifrin, Roberta Brown, Kassia Filkins, Kem Gordon, Sean
Glynn, Carmen Thomas, and Tiffany Kilgore.
Member
of the public Mitchell Lachman spoke in support of the proposed
regulations. Members of the public
Patrick Murphy, Paulin Paris, and Matt Rosas commented on various aspects of
the proposal and provided suggestions.
Discussion
ensued on the merits of the proposal and on comments made by members of the
public.
The
City Attorney advised that after additional review and after receiving
additional input, she recommended the following:
Add
to the end of the paragraph at the end of page 3: “that opportunities for
surfing lessons are maximized for all segments of the community including persons
of all ages and economic groups and that instructional opportunities are
diverse including private instruction and classes of various sizes.”
Motion
by Councilmember Genser, seconded by Mayor Katz, to introduce the ordinance for first reading, amended
with the language provided by the City Attorney. The motion was approved by the following
vote:
AYES: Councilmembers
Holbrook, Shriver, Genser, O’Connor, McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
GREEN
BUILDING ORDINANCE
7-B: Resolution making findings of local
climatic, geological and topographical conditions; and, introduction and first
reading of an ordinance modifying Municipal Code Section 8.108 related to
On
order of the Mayor, this matter was continued to a future meeting.
RESIDENTIAL
PROTESTS
7-C: Introduction and first reading of an
ordinance establishing distance requirements for targeted residential protests
and prohibiting the use of dangerous sticks and poles in demonstrations.
On
order of the Mayor, this matter was continued to a future meeting.
STAFF ITEMS:
LIBRARY
AND CIVIC GARAGES PARKING RATES
8-A: Off-peak parking rates at Library and
Civic Garages; free or reduced parking rates for certain Santa Monica High
School events - recommendation to:
adopt a resolution establishing a $3.00 per entry off-peak parking rates
at the Library and the Civic Center; authorize the City Manager or designee to
allow free or reduced rate parking for up to 25 evening events at Santa Monica
High School; and authorize the City Manager or designee to allow free or reduced
parking rates for City-sponsored noticed meetings or events that are free and
open to the public.
On
order of the Mayor, this matter was continued to a future meeting.
COUNCIL ITEMS:
APPOINTMENTS
- PRC
13-A: Appointment to one annual vacancy on the
Pier Restoration Corporation with a term ending November 8, 2011.
On
order of the Mayor, the floor was opened for nominations.
Councilmember
Genser nominated Anne Elizabeth
Biege-Pearson.
There
being no other nominations Ms. Biege-Pearson was appointed by acclamation, with
all members present.
PRC
13-B: Appointment to one unscheduled vacancy on
the Pier Restoration Corporation Board of Directors for a term ending November
13, 2010, and one unscheduled vacancy for a term ending November 10, 2009.
On
order of the Mayor, this matter was continued to a future meeting.
BAYSIDE
DISTRICT
13-C: Appointment to one unscheduled vacancies
on the Bayside District Corporation for a term ending June 30, 2008.
On
order of the Mayor, the floor was opened for nominations for the Bayside
District.
Mayor
Katz nominated Randy Brant.
Mayor
Pro Tem Bloom nominated Deborah
Arvesen.
Mr.
Brant was appointed by the following vote:
Brant: Councilmembers McKeown, O’Connor, Genser, Shriver,
Holbrook, Mayor Katz
Arvesen: Councilmember Bloom
Councilmember
Bloom requested to change his vote to Mr. Brant. Mr. Brant was unanimously appointed, with all
members present.
STATUS
OF WOMEN - COMMISSION
Appointment
to one unscheduled vacancy on the Commission on the Status of Women for a term
ending June 30, 2008.
On
order of the Mayor, the floor was opened for nominations.
Councilmember
McKeown nominated Trish Moon. There being no other nominations, Ms. Moon was
appointed by acclamation with all members present.
MEASURE
R
13-D: Request of Mayor Katz and Mayor Pro Tem
Bloom that the
Members
of the public Scott Konnath, Mike Gruning, Shari Davis and Rebecca Kennerly
spoke in support of the request.
Motion
by Councilmember Bloom, seconded by Mayor Katz, to approve request.
The motion was unanimously approved by voice vote, with all members
present.
DONATION
TO SAMOHI SYMPHONY ORCHESTRA
(Councilmember McKeown
was excused at 11:40 p.m.)
13-E: Request of Councilmember Genser that the
Council make a $25,000 donation on behalf of the City to
Councilmember
McKeown requested to be excused in order to avoid the appearance of a conflict
of interest due to his employment by the
Members
of the public Nicole Negrete, Sweli Barton, Ilan Ben Meir, and Joni Swenson
spoke in support of the request.
Motion
by Councilmember Genser, seconded by Mayor Katz, to approve request.
The motion was approved by the following vote:
AYES: Councilmembers
O’Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember McKeown
PUBLIC INPUT:
(Councilmember
McKeown returned at 11:45 p.m.)
Members
of the public Pro Se, M. Ross, Brian Hutchings and Joe Natoli expressed various
concerns.
ADJOURNMENT:
On
order of the Mayor, the City Council meeting was adjourned at 12:00 a.m., in
memory of Phila Caldwell and Bob Gabriel.
ATTEST: APPROVED:
Maria M. Stewart Herb
Katz
City Clerk Mayor