CITY OF SANTA MONICA

 

REGULAR CITY COUNCIL MEETING AGENDA

 

CITY HALL COUNCIL CHAMBERS - 1685 MAIN STREET

 

TUESDAY, JUNE 9, 2009

 

 

MEETING BEGINS AT 5:45 P.M.

 

 

 

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

 

(Please note that Agenda Items may be reordered during the Council meeting at the discretion of the City Council.)

 

1.  CONSENT CALENDAR:  (All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)

 

1-A:     Approval of minutes of the May 12, 2009 regular meeting and the May 12, 2009, special City Council meeting.

 

            MINUTES

 

1-B:     Demonstration of Battery-Powered Electric Utility Truck – recommendation to authorize the City Manager to execute a contract with the South Coast Air Quality Management District for participation in a project for the Demonstration of Battery-Powered Electric Utility Truck; and approve a purchase order, in the amount of $174,410, to Electorides for cost of a Zero Utility Truck.

 

            STAFF REPORT

 

1-C:     Purchase of alternative fuel transit coaches for the BBB – recommendation to award Bid No. 2969 to North American Bus Industries, in the amount of $11,628,563, to purchase 11 articulated, low-floor, compressed natural gas transit coaches and miscellaneous spare parts.

 

            STAFF REPORT

 

1-D:     Approval of Final Tract No. 068353 for condominium project at 1434 14th Street – recommendation to adopt a resolution accepting and approving the final subdivision map for Tract No. 068353 to subdivide a property at 1434 14th St.

 

            STAFF REPORT

 

1-E:     Legal services for assistance with labor and employment law – recommendation to authorize the City Manager to negotiate and execute an amendment to existing agreements with Atkinson, Adelson, Loya, Ruud & Romo Law Firm, for a new not to exceed amount of $100,000; and with Liebert Cassidy Whitmore for a new total amount of $140,000, for assistance with workplace investigations, labor and employment law.

 

            STAFF REPORT

 

1-F:     Annual Street Improvement Project – recommendation to authorize the City Manager to negotiate and execute a contract with Sequel Contractors, in the amount of $3,969,150 for construction services; a contract with Civil Source, in the amount of $477,273 for construction management and inspection services; and accept $100,000 in grant funds and approve the proposed budget changes.

 

            STAFF REPORT

 

1-G:     Big Blue Bus Facility Security Services – recommendation to authorize the City Manager to execute an interim purchase order with A&A Protective Services, for a monthly amount of $54,000 to provide security services at the Big Blue Bus facilities.

 

            STAFF REPORT

 

1-H:     Economic Analysis and Forecasting for the Land Use & Circulation Element (LUCE) and EIR consulting services – recommendation to authorize the City Manager to execute a contract amendment with Whitney & Whitney, Inc. (Contract #8868) in the amount of $80,000 for economic services in conjunction with the LUCE update.

 

            STAFF REPORT

 

2.   CLOSED SESSIONS:

 

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

 

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.

 

2-C:     Conference with Legal Counsel – Existing Litigation: United States of America and Peters v. City of Santa Monica, USDC, Case No. CV08-02695 CW (Ex).

 

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).

 

2-E:     Conference with Legal Counsel – Existing Litigation: Halashizadeh v. City of Santa Monica, Los Angeles Superior Court Case No. SC 093 291.

 

2-F:     Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b): matters involving signage at 1844 Lincoln Boulevard and 1547 7th Street.

 

2-G:     Conference with Legal Counsel – Existing Litigation: Gasdaglis v. City of Santa Monica, et al., Los Angeles Superior Court Case No. SC096593  

 

2-H:     Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b)(1): one case

 

2-I:       Conference with Real Property Negotiators

            Property:                  1224 4th Street

            City Negotiator:      Andy Agle, Director Housing & Economic Dev.

            Under Negotiation:            Interest in Real Property

            Owner of Record:  Santa Monica Bay Women’s Club

 

2-J       Conference with Real Property Negotiators

            Property:                  1415-1437 5th Street

            City Negotiator:      Andy Agle, Director Housing & Economic Dev.

            Under Negotiation:            Interest in Real Property

            Owner of Record:  Viola S. Thomas Trust

 

2-K:     Conference with Real Property Negotiators

            Property:                  1301-1333 4th Street

            City Negotiator:      Andy Agle, Director Housing & Economic Dev.

            Under Negotiation:            Interest in Real Property

            Owner of Record:  Virginia T. Spurgin Investment Co., LLC, et. al.

 

The following is the order of business for items to be heard no earlier than 6:45 p.m., or as soon thereafter when Council returns from Closed Session.

 

6.  ADMINISTRATIVE PROCEEDINGS:

 

6-A:     Appeal of Landmarks Commission designation of 301 Ocean Avenue as a City Landmark – recommendation to uphold the appeal and deny the Landmarks Commission Designation of 301 Ocean Avenue as a City Landmark based on proposed findings.  Appellant:  Trammell Crow Company

 

            STAFF REPORT

 

6-B:     Appeal of Planning Commission approval of the extension of permits related to the 9-unit condominium project at 125 Pacific Street – recommendation to deny appeal and uphold Planning Commission approval of the extension of Design Compatibility Permit 08-004 and Development Review Permit 08-007 based upon proposed findings.  Appellant:  Diane Miller

 

            STAFF REPORT

 

            WITHDRAWN AT THE REQUEST OF THE APPELLANT

 

7.  ORDINANCES:  (Public comment is permitted on ordinances for introduction and first reading.  No public discussion is permitted on ordinances for second reading and adoption.)

 

7-A:     Introduction and first reading an ordinance amending Santa Monica Municipal Code Sections 9.04.10.02.220, 9.04.10.02.030, 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.  (Continued from May 12, 2009.)

 

            (This ordinance will be continued to June 30, 2009.)

 

8. STAFF ADMINISTRATIVE ITEMS:

 

8-A:     Redevelopment Agency Capital Funding Priorities: Supplemental Information on Remaining Recommended Projects – recommendation that the City Council provide additional information on long-term funding priorities for the Redevelopment Agency and prioritize the remaining recommended capital improvement projects.

 

            STAFF REPORT

            RELATED BUDGET INFORMATION MEMORANDUM

            STAFF REPORT – From the May 12, 2009 City Council meeting

            STAFF REPORT – From the April 14, 2009 City Council meeting

 

8-B:     Future use of beach property leased by Jonathan Club – recommendation to assess if 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. If it is determined that the need for public use has materially changed since the lease was executed in 1984, then make appropriate findings and direct staff to notify the club that the renewal option has been extinguished by the findings; or, if the need for public use has not materially changed, authorize the City manager to negotiate and execute a ten-year extension of the lease.

 

            STAFF REPORT

 

8-C:     Water Shortage Response Plan and declaration of an Advisory Water Shortage Emergency – recommendation to adopt a resolution adopting a Water Shortage Response Plan; and adopt a resolution declaring an Advisory Water Shortage Emergency effective July 1, 2009.  (Continued from May 12, 2009.)

 

            STAFF REPORT

 

11.  RESOLUTIONS:

 

11-A:   Resolution amending Preferential Parking zone G and amending Resolution 9344 (CCS), by replacing Exhibit A  -recommendation to adopt a resolution amending Preferential Parking zone G and including Alta Avenue between 9th and 17th Streets.

 

            STAFF REPORT

 

13.  COUNCILMEMBER DISCUSSION ITEMS:

 

13-A:   Appointment to one unscheduled vacancy to the Pier Restoration Corporation for a term ending on November 10, 2009:  (Continued from May 12, 2009)

 

13-B:   Recommendation to accept Ted Winterer’s resignation from the Recreation and Parks Commission.

 

13-C:  Request of Councilmember Bloom and Mayor Pro Tem O’Connor that the City Council direct staff to investigate intrusive and invasive activities of "paparazzi" photographers and videographers around areas where children congregate or attend classes, and return with recommendations on actions that can be taken to protect the privacy and safety of those children and their families and teachers.

 

13-D:  Request of Councilmember Bloom that the City Council direct staff to return with recommendations for memorials 1) commemorating the life and achievements of Mayor Herb Katz and 2) commemorating the life and achievements of environmentalist and Heal the Bay founder Dorothy Green.

 

13-E:   Request of Mayor Genser that the Council allocate $50,000 from the existing Council Contingency Fund to the Pier Restoration Corporation for the production of an additional concert in the 2009 Twilight Dance Series, and for other activities related to the celebration of the Pier's 100th Anniversary.

 

14.  PUBLIC INPUT:  (Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City.  Please note that State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)

 

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available at the City Clerk's Counter located at City Hall, 1685 Main Street, Santa Monica, during normal business hours.

 

Any member of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401.  Comments may also be e-mailed to: clerk@smgov.net

 

ADJOURNMENT.

 

City Hall and the Council Chamber is wheelchair accessible.  If you require any special disability related accommodations (i.e. sign language interpreting, access to an amplified sound system, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917-6626 at least 3 days prior to the scheduled meeting.  This agenda is available in alternate format upon request by calling the City Clerk’s Office.