Council Meeting:
February 24, 2009
Item: 1-A
(NOT
APPROVED)
CITY OF
CITY COUNCIL MINUTES
FEBRUARY 10, 2009
A regular meeting of the Santa Monica City Council was called
to order by Mayor Genser at 5:49 p.m., on Tuesday, February 10, 2009, at City
Council Chambers,
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tem Pam O’Connor
Councilmember Richard Bloom
Councilmember Robert T. Holbrook
Councilmember Bobby Shriver (arrived at 6:30 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 5:49 p.m., with Councilmember Shriver absent. Andy Agle, Housing and Economic Development Director, 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, Jerry Rubin, and Kim Baker commented on various Consent Calendar items.
Motion by Councilmember Holbrook, seconded by Councilmember McKeown, 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:
AYES: Councilmembers McKeown, Holbrook, Bloom, Mayor Pro Tem O’Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
MINUTES
1-A: The minutes of January 13 and January 17, 2009, City Council meetings were approved as submitted.
VEHICLE MAINTE-NANCE REPORTING
1-B: Contract for a Computerized Vehicle Maintenance Reporting System - recommendation to authorize the City Manager to negotiate and execute Contract No. 9033 (CCS) with Chevin Fleet Solutions, LLC, in an amount not to exceed $164,000 and renewal options, for implementation of a computerized vehicle maintenance reporting system, was approved.
AIRPORT HANGER PAVING PROJECT
1-C: Barker Hangar Paving Project - recommendation to negotiate and execute construction Contract No. 9034 (CCS) with All American Asphalt, in the amount of $115,115 plus a 10% contingency for a total of $126,000, was approved.
HAZARDOUS MATERIALS
1-D: Purchase of Hazardous Materials Interoperability System - recommendation to authorize the City Manager to negotiate and execute a sole source Contract No. 9035 (CCS) with Safe Environment Engineering in an amount not to exceed $123,384 from the Urban Area Security Initiative Grant, for the purchase of Lifeline Regional Interoperability System, was approved.
CNG-FUELED TRUCKS
1-E: Purchase of CNG fueled 1-Ton trucks with Pressure Washers - recommendation to award Bid No. 2958 to Power Line Industries, Inc. in the amount of $273,960, to furnish and deliver three new and unused 1-ton CNG fueled trucks, was approved.
ANTI-PANHANDLING EDUCATION
1-F: Anti-Panhandling Education and Alternative Giving campaign - recommendation authorize the City Manager to negotiate and execute an amendment to Contract No. 8895 (CCS), in the amount of $150,000, and redirect remaining funding to a broader community education campaign with messages about panhandling and opportunities for alternative giving, was approved.
1-G: Lease of City property at 1614-1616 Ocean Avenue to Ocean Park Community Center - recommendation that the City Council: 1) authorize the City Manager to negotiate and execute Lease No. 9036 (CCS) and other related documents with Ocean Park Community Center (OPCC) to lease, rehabilitate and operate the City-owned property located at 1614-1616 Ocean Avenue as supportive housing for chronically homeless and mentally-ill persons; and 2) award OPCC a $100,000 funding advance for architectural, legal and consultant services, was approved.
CLOSED SESSIONS:
Councilmember Shriver arrived at 6:30 p.m.
On order of the Mayor, the City Council recessed at 6:14 p.m., to consider closed sessions and returned at 7:15 p.m., with all members present, to report the following:
2-A: 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: Not Heard.
2-B: Conference
with Legal Counsel – Existing Litigation:
ACTION: Not Heard.
2-C: Conference
with Legal Counsel – Existing Litigation: Collins v. City of
Motion by Councilmember Bloom, seconded by Councilmember Holbrook, to approve Settlement No. 9037 (CCS) in the amount of $25,000. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Shriver, McKeown, Mayor Pro Tem O’Connor, Mayor Genser
NOES: None
ABSENT: None
2-D: 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.
ACTION: Heard. No reportable action taken.
2-E: Conference
with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to
litigation Pursuant to Government Code Section 54956.9(b): Proposal for
Ordinance Banning Single Use, Carry Out Plastic Bags.
ACTION: Heard. No reportable action taken.
2-F: Conference
with Legal Counsel – Existing Litigation: Curtis v. City of
ACTION: Heard. No reportable action taken.
2-G: Conference
with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to
litigation Pursuant to Government Code Section 54956.9(b): Claim by City of
ACTION: Heard. No reportable action taken.
2-H: Conference
with Legal Counsel – Existing Litigation: Yousuf v. City of
Motion by Mayor Pro Tem O’Connor, seconded by Councilmember Holbrook, to approve Settlement No. 9038 (CCS) in the amount of $65,000. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Holbrook, Bloom, Mayor Pro Tem O’Connor, Mayor Genser
NOES: None
ABSENT: None
STUDY SESSION:
EXPOSITION LIGHT RAIL PHASE 2
3-A: Exposition Light Rail Phase 2 Draft Environmental Impact Report (DEIR) Presentation and Preliminary Discussion - recommendation that Council receive this report as a first step toward developing the City's recommendations to the Exposition Construction Authority and the Los Angeles County Metropolitan Transportation Authority concerning the future Exposition light rail project within the City of Santa Monica, was presented.
The following members of the public spoke generally in favor of the project and commented on various aspects of the proposal including, but not limited to, safety, noise, bicycle lanes and paths, location on Colorado v. Olympic, and proposed removal of trees for the project: Pro Se, Liz Resnick, Michael Kirby, Nat Trives, Mary Farrell, Jerry Rubin, Laura Rosenbaum, Bob Friedman, Joan Martin, Max Vasquez, Tom Rel, Gleam Davis, Darrell Clarke, Gillian Ware, Wayne Blank, Kathleen Rawson, Michael Tarbet, Susan Hartley, Cosmo Bua, Ted Winterer and Michael Cahn.
Discussion ensued on the presentation and issues raised by members of the public. After considerable discussion, on order of the Mayor, the report was received and filed.
TAXICABS
3-B: Regulation of taxicab operations - recommendation to review and provide comment on the proposed establishment of a franchise-based system for the regulation of taxicab operations, and direct staff will return to Council with a proposed ordinance change which incorporates Council’s direction, was presented.
Members of the public Denise Barton, Ahmed Salem, Wendy Radwan, Vic Caucasian, David Shapiro, Kathleen Rawson, Mike Madden and Tom Drischer commented on the proposed franchise, and provided ideas and suggestions.
Discussion ensued on the proposed franchise-based system for taxicabs. After considerable discussion staff was directed to return with additional information and options addressing all issues raised including, but not limited to: the proposed franchise system; the cost to consumers if too much criteria; prioritization of various conditions; environmental and safety qualities of cars; taxi response time; business location; full insurance coverage, amortization time; senior coupons/vouchers; exploration of medallion system and related working conditions and wages of drivers; viability of companies and quality of service; an excellent dispatch system; environmentally friendly fleets; strict enforcement of fare rules; easy availability and access even if for short distances; ability to set standards and measure performance; understanding of parking regulations and analysis of whether they need to be changed; assuring regulations will work; consideration of a medallion-like system or maybe a franchise/medallion system or like combination; an analysis of a mixed system where some larger centralized companies are franchised and where there are some individual operators.
On order of the Mayor, the report was received and filed.
ADMIN. ITEMS:
Mayor Pro Tem O’Connor was excused at 9:50 p.m.
Mayor Pro Tem O’Connor asked to be recused from this matter because of a conflict of interest due to her work with the project’s architect.
6-A: Appeal of the environmental determination for construction of a senior group housing project 749 17th Street – recommendation to deny appeal and uphold the Planning Commission’s finding that the design review approval of the Project is exempt from the provisions of the California Environmental Quality Act, was presented.
Ron Goldman, Appellant, spoke in support of approving the appeal and denying the project.
David Kaplan, representing Applicant, and Applicant Charles Rosenblatt spoke in support of the project and in opposition of the appeal.
Member of the public Mike Grunning spoke in support of the project.
There were no rebuttal arguments made by appellant nor applicant.
Motion by Councilmember Bloom, seconded by Mayor Genser, to deny the appeal. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Shriver, McKeown, Mayor Genser
NOES: None
ABSENT: Mayor Pro Tem O’Connor
ORDINANCES:
CONTRACTS FOR LEGAL SERVICES
Mayor Pro Tem O’Connor returned at 10:20 p.m.
7-A: Introduction and first reading of an ordinance of the City of Santa Monica amending Municipal Code Section 2.24.073 as it applies to professional contracts for legal services, was presented.
There was no one present for public comment.
Motion by Councilmember Holbrook, seconded by Councilmember Shriver, 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 McKeown, Shriver, Holbrook, Bloom, Mayor Pro Tem O’Connor, Mayor Genser
NOES: None
ABSENT: None
STAFF ITEMS:
5-YEAR FINANCIAL FORECAST
8-A: Five-year financial forecast, public comment on budget priorities including comments on Community Development Block Grant and Home Investment Partnership Act Programs and Discussion of Community Priorities for FY 2009-10 Budget Development – recommendation to receive the FY2009-10 through FY2013-2014 5-Year Financial Forecast as background for development of the FY2009-10 budget; receive public comments on budget priorities, including CDBG and HOME program funds; and provide staff with direction on Community Priorities to guide the development of the FY2009-10 budget and FY2010-11 budget plan, was presented.
The following members of the public commented on the proposed budget and in support of funding for various activities including but not limited to seniors and caregivers, education, arts and culture, landmark structures of merit, housing, mobility, public safety, livable neighborhoods, and a pilot program for owners of landmarked properties: Mike Grunning, Shari Davis, Rebecca Kennerly, Romy Phillips, Debbie Mulvaney, Judy Abdo, Roger Genser, Ted Winterer, Barbara Kaplan and Richard McKinnon.
Discussion ensued on the proposed budget and on the comments made by members of the public. Councilmembers expressed their preferences and concerns, and direction was given to staff. On order of the Mayor, the report was received and filed.
CONTINUING PAST 11:00 P.M.
Motion by Mayor Pro Tem O’Connor, seconded by Mayor Genser, to continue past 11:00 p.m. The motion was unanimously approved by voice vote.
MID-YEAR BUDGET
8-B: Mid-year 2008-09 Council Budget - recommendation that Council appropriate FY 2008-09 budget changes and adjust revenue budgets; adopt Resolution No. 10380 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING CLASSIFICATION AND SALARY RATES FOR VARIOUS POSITIONS”; and approve position and classification changes proposed, was presented.
There was no one present for public comment.
Motion by Mayor Pro Tem O’Connor, seconded by Councilmember Holbrook, to approve recommendation to appropriate funds and adjust revenue. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Holbrook, Bloom, Mayor Pro Tem O’Connor, Mayor Genser
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: None
Motion by Mayor Pro Tem O’Connor, seconded by Councilmember Holbrook, to adopt Resolution 10380 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Holbrook, Bloom, Mayor Pro Tem O’Connor, Mayor Genser
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: None
Motion by Councilmember Bloom, seconded by Councilmember Shriver, to direct staff to return with recommendations for addressing drought conditions that address the City. The motion was unanimously approved by voice vote, with all members present.
“NO SMOKING” PUBLIC EDUCATION
Councilmember Bloom was excused at 11:36 p.m.
Councilmember Shriver was excused at 11:37 p.m.
8-C: "No Smoking" Public Education Campaign - recommendation to approve the final campaign concepts developed by Southard Communications; approve one of the branding and messaging models, and based upon the review and approval, direct staff to proceed with the execution of a complete public and business education and outreach campaign, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Mayor Genser, to approve recommendation and directing staff to proceed with the execution of the campaign. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, McKeown, Mayor Pro Tem O’Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers Bloom, Shriver
PUBLIC HEARINGS:
BBB SERVICE
9-A: Public Hearing concerning Big Blue Bus service changes including re-routing of the Tide Ride - recommendation that City Council conduct a public hearing, receive public comment, and approve proposed Big Blue Bus schedule and route changes, including service reductions and enhancements.
On order of the Mayor, this matter was continued to February 24, 2009.
COUNCIL ITEMS:
APPOINTMENTS
13-A: Appointment to one annual vacancy on the Pier Restoration Corporation for a term ending November 11, 2012.
On order of the Mayor, this matter was continued to February 24, 2009.
13-B: Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending June 30, 2010.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Sheila Finley. There being no other nominations, Ms. Findley was appointed by acclamation, with Councilmembers Bloom and Shriver absent.
13-C: Appointment to one unscheduled vacancy on the Commission for the Senior Community for a term ending June 30, 2011.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Rochelle Le Blanc. There being no other nominations, Ms. Le Blanc was appointed by acclamation, with Councilmembers Bloom and Shriver absent.
RESIGNATION
13-D: Recommendation to accept Melissa Dagodag’s resignation from the Commission on the Status of Women and authorize the City Clerk to publish the vacancy, was presented.
Motion by Councilmember McKeown, seconded by Mayor Genser,
to approve recommendation with regrets.
The motion was unanimously approved by voice vote, with Councilmembers
Bloom and Shriver absent.
MORTGAGE PAYMENT & RENT ASSISTANCE
13-E: Request of
Councilmember McKeown that, in the interest of maintaining local housing
stability, the Council consider the temporary use of City funds to cover
expected state non-payments and/or IOUs as needed by residents for rent and
mortgage payments, and direct staff to investigate financial and administrative
possibilities, was presented.
Motion by Councilmember McKeown, seconded by Mayor Genser, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Bloom and Shriver absent.
RESIGNATION
13-F: Recommendation to accept Brenda Katz' resignation from the Pier Restoration Corporation Board and authorize the City Clerk to publish the vacancy, was presented.
Motion by Mayor Pro Tem O’Connor, seconded by Councilmember Holbrook, to approve recommendation with regrets. The motion was unanimously approved by voice vote, with Councilmembers Bloom and Shriver absent.
PUBLIC INPUT:
Members of the public Pro Se, Denise Barton, Art Casillas, Joe Newman, Lizabeth Baker-Wade and Catherine Eldridge commented on various local issues.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:03 a.m. in memory of Beulah Juarez and Judith Hoffberg.
ATTEST: APPROVED:
Maria M. Stewart Ken Genser
City Clerk Mayor