M-042809CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 28, 2009
A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:45 p.m.,
on Tuesday, Apri128, 2009, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ken Genser
Councilmember Richard Bloom
Councilmember Gleam Davis
Councilmember Kevin McKeown
Absent: Mayor Pro Tempore Pam O'Connor
Councilmember Robert T. Holbrook
Councilmember Bobby Shriver
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
Acting City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:45 p.m, with
Councilmembers Holbrook, Shriver, and Mayor Pro Tem O'Connor,
absent. Kate Vernez, Assistant to the City Manager for Community
and Government Relations, 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.
At the request of the Mayor, and with the consensus of Council, this
Consent Calendar was combined with the Redevelopment Agency
Consent Calendar, Item 1-J. On the order of the Mayor, the City Council
convened to a joint meeting with the Redevelopment Agency at 5:45
p.m., with Councilmembers Shriver, Holbrook, and Mayor Pro Tem
O'Connor, absent.
Members of the public Joey Fullmer, Jerry Rubin and M. Ross
commented on various Consent Calendar Items.
At the request of Councilmember McKeown, Item 1-E was removed
from the Consent Calendar. At the request of Mayor Genser, Item 1-J
was removed from the Consent Calendar.
At the request of the Mayor, Item 1-D was continued to May 12, 2009, as
April 28, 2009
it requires five affirmative votes and there are only four Councilmembers
present.
Motion by Councilmember McKeown. seconded by Councilmember
Davis, to approve all items on the Consent Calendar as presented except
Items 1-D, 1-E and 1-J, reading resolutions by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Bloom, Mayor
Genser
NOES: None
ABSENT: Councihnembers Holbrook, Shriver, Mayor Pro Tem
O'Connor
MINUTES 1-A: The minutes of the Apri17 and April 14, 2009, City Council
meetings were approved as submitted.
AIRCRAFT NOISE 1-B: Santa Monica Airport's Aircraft Noise Monitoring System -
MONITORING SYSTEM recommendation to authorize the City Manager to negotiate and execute
Contract No. 9057 (CCS) with Era Corporation, in the amount of
$242,261, for maintenance and support services associated with the
Airport's aircraft noise monitoring system, was approved.
PALSSU MOU 1-C: Resolution No. 10393 (CCS) entitled: "RESOLUTION OF
AMENDMENT THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMEMDMENT TO MEMORANDUM OF UNDERSTANDING WITH
THE SANTA MONICA PUBLIC ATTORNEY' S LEGAL SUPPORT
STAFF UNION," was adopted.
URBAN AREA 1-D: Urban Area Security Initiative Grant Funds -
SECURITY INITIATIVE recommendation to authorize the City Manager to accept $63,750 of
GRANT FUNDS grant funds to further enhance local homeland security efforts; and
authorize budget appropriations and changes proposed in the staff report.
ACTION: This item was withdrawn and continued to May 12, 2009.
SPECIALTY CAMPS AND 1-F: Specialty recreational camps and classes -recommendation to
CLASSES authorize the City Manager to negotiate and execute Agreement No. 9059
(CCS) with Surf Academy, in the amount of $260,000, for Fiscal Year
2009-10; and Agreement No. 9060 (CCS) with Socceropolis, in the
amount of $207,000, for Fiscal Year 2009-10, to provide specialty camps
and classes to the public, was approved.
2 Apri128, 2009
525 BROADWAY 1-G: Office space lease at 525 Broadway -recommendation to
authorize the City Manager to negotiate and execute an amendment to
Contract No. 7369 (CCS) with PRU/JSM Trino LLC, for lease of space
at 525 Broadway, was approved.
SMPOA MOU 1-H: Resolution No. 10394 (CCS) entitled: "A RESOLUTION OF
AMENDMENT THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH
THE SANTA MONICA POLICE OFFICERS ASSOCIATION," was
adopted.
HAZARDOUS WASTE 1-L Hazardous Waste Transportation, Management and
TRANSPORTATION Recycling/Disposal Services -recommendation to authorize the City
Manager to negotiate and execute Contract No. 9061 (CCS) with GEM,
in the amount of $250,000 per fiscal year, for hazardous waste
transportation, management and recycling/disposal services from July 1,
2009 through June 30, 2011 with a renewal option through June 30,
2012, was approved.
APPLICATION FOR 1-K: Request to Authorize the City Manager to Submit
TRANSPORTATION Applications for Transportation/Transit Projects Under the
GRANT FUNDS Upcoming Reauthorization of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU) and to Direct Staff to Prepare Mayoral Letters of
Support, was approved.
NEIGHBORHOOD 1-E: Develop Neighborhood Conservation Tools, Integrate Policy
CONSERVATION into Draft Land Use and Circulation Element (LUCE) Plan and Assist
PROGRAM with Development Review Services -recommendation to authorize the
City Manager to negotiate and execute the following with The Phipps
Group: (1) Contract No. 9058 (CCS), in the amount of $120,000, for
development of measures to be incorporated into a Neighborhood
Conservation Program; (2) an amendment to Contract No. 8901 (CCS), in
the amount of $50,000, for services related to the integration of new
concepts in the Draft Land Use and Circulation Element Plan and for
development review customer service improvements, was presented.
Councilmember McKeown advised he removed this item from the Consent
Calendar because he had questions regarding which neighborhoods would
be included in the pilot groups. Staff provided additional information.
Apri128, 2009
Motion by Councilmember McKeown, seconded by Mayor Genser, to
approve staff recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Bloom, Davis, McKeown, Mayor Genser
NOES: None
ABSENT: Councilmembers Holbrook, Shriver, Mayor Pro Tem
O'Connor
REDEVELOPMENT 1-J: Resolution No. 516 (RAS) entitled: "A RESOLUTION OF THE
AGENCY REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA
REPLACEMENT APPROVING A REPLACEMENT HOUSING PLAN IN CONJUNCTION
HOUSING PLAN WITH THE PROPOSED PROJECT AT 1924 & 1930 EUCLID STREET,
1753 18'" STREET AND 1754 19'~ STREET," was presented.
Chair Genser advised he removed this item from the Consent Calendar to
direct staff to ensure the person authorized to sign paperwork for the
church located on one of the properties is actually authorized to do so.
Members of the public Beverly Collins, Joey Fullmer, and Louisa Fish
expressed concerns on the proposed recommendation.
Motion by Chair Genser, seconded by Agency Member McKeown, to
adopt the resolution, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Agency Members McKeown, Davis, Bloom, Chair Genser
NOES: None
ABSENT: Agency Members Shriver, Holbrook, Vice Chair O'Connor
ADJOURNMENT: On the order of the Mayor/Chair, the special meeting of the Redevelopment
Agency was adjourned at 6:05 p.m.
On order of the Mayor, the City Council recessed to closed sessions at 6:09
p.m. and returned at 7:39 p.m., with Councilmembers Holbrook, Shriver,
and Mayor Pro Tem O'Connor absent to report the following:
CLOSED SESSIONS: 2-A: 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.
4 Apri128, 2009
2-B: 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-C: Conference with Legal Counsel -Existing Litigation: Broeeer
et al. v. City of Santa Monica, Los Angeles County Superior Court
Case No. BC378071.
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.
2-E: Conference with Legal Counsel -Existing Litigation: United
States of America and Peters v. City of Santa Monica. USDC, Case No.
CV08-02695 CW(Ex).
ACTION: Heard. No reportable action taken.
STUDY SESSION 3-A: Briefing on Public Agency Debt Process, Capacity and
BONDING BASICS Potential Financing Mechanisms, was presented.
Members of the public Joey Fullmer and Tut Hayes expressed concerns
on the item.
On order of the Mayor, the information was received and filed.
PICO AREA BRANCH 3-B: Study Session on the Pico Area Branch Library -
LIBRARY recommendation to provide direction as to the preferred location for a
Pico area branch library, was presented.
Member of the public Linda Piera-Avila spoke in favor of having the the
Library located on Pico Boulevard instead of Virginia Avenue Park.
Discussion ensued on the presentation and options provided by staff.
Councilmembers directed staff to return with a study which includes two
options for possible sites for the Library, and requested broader Public
Outreach and public input.
Apri128, 2009
On order of the Mayor, the information was received and filed.
SPECIAL ITEMS: 4-A: Mayor Genser issued a Proclamation declaring May 2009 as
PROCLAMATION Older Americans Month in the City of Santa Monica. Chair of the
Commission for the Senior Community Barry Seid accepted the
proclamation.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2288 (CCS)
PAWNBROKERS entitled: "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTIONS 9.04.08.18.020 AND 9.04.08.20.020
TO PERMIT PAWNBROKERS AS PERMITTED USES IN THE C3
DOWNTOWN COMMERCIAL AND C3-C DOWNTOWN OVERLAY
DISTRICTS," was presented.
Motion by Councilmember McKeown. seconded by Councihnember
Bloom to adopt interim ordinance as presented, reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Davis, Bloom, Mayor
Genser
NOES: None
ABSENT: Councilmembers Shriver, Holbrook, Mayor Pro Tem
O'Connor
STAFF ITEMS: 8-A: Zero Waste Strategic Plan and Extended Producer
Responsibility Resolution - recommendation to direct staff to develop a
ZERO WASTE zero waste strategic plan; and adopt a resolution supporting the California
STRATEGIC PLAN Product Stewardship Council and extended producer responsibility.
On order of the Mayor, this matter was continued to June 9"' meeting.
WOODLAWN 8-B: Long-term business plan for Woodlawn Cemetery -
CEMETERY recommendation to provide input on proposed business plan; direct staff
to prepare revisions to Municipal Code Section 7.20.130 (Eligibility to
Own Plots and Crypts); and direct staff to incorporate a provision to
provide a payment structure as part of a fee study, was presented.
There was no one present for public comment.
Discussion ensued about the proposed Municipal Code revision which
would remove the residency requirement to be buried at Woodlawn
Cemetery and options to generate revenue for Cemetery Operations..
Apri128, 2009
After the discussion, staff was directed to proceed with the proposed
business plan and incorporate a payment structure as part of a fee study.
Staff was also directed to look at marketing, to increase the demand from
Santa Monica Residents, before considering revising the Municipal Code
and returning with an ordinance. No formal action was taken on the
recommendation.
COUNCILMEMBER 13-A: Appointment to one annual vacancy on the Pier Restoration
ITEMS: Corporation for a term ending November 11, 2012.
APPOINTMENTS On order of the Mayor, this item was continued to May 12, 2009.
13-B: Appointment to unscheduled vacancies to the following
Boards and Commissions:
Board/Commission No. of Appts. Term Ending
Airport Commission 1 6/30/2009
Commission on the Status of Women 1 6/30/2010
Pier Restoration Corporation 1 11/10/2009
On order of the Mayor, this item was continued to May 12, 2009.
STATE LANDS 13-C: Request of Mayor Genser that the City Council waive
COMMISSION customary fees for use of Council Chambers to allow the California
State Lands Commission to hold its regular meeting on Monday,
June 1, 2009, from 8:00 a.m. to 2:00 p.m, was presented.
There was no one present for Public comment.
Motion by Mayor Genser, seconded by Councilmember Bloom, to
approve request. The motion was unanimously approved by voice vote
with Councilmembers Shriver, Holbrook, and Mayor Pro Tem O'Connor
absent.
REDEVELOPMENT 13-D: Request of Mayor Genser that the Council authorize the
CAPITAL FUNDING continued hearing and discussion of Redevelopment Agency Capital
PRIORITIES Funding Priorities, continued from the April 14, 2009 Council
meeting, to be placed on the May 12th, 2009, Council agenda as a #5
Continued Item, was presented.
There was no one present for public comment.
Motion b~avor Genser, duly seconded, to approve this request. The
vote was approved by consensus, with Councilmembers Holbrook,
April 28, 2009
Shriver, and Mayor Pro Tem O'Connor absent.
PROP 1D AND lE 13-E: Request of Councilmember Davis that the City Council
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.
Member of the public Tut Hayes spoke in opposition and Jeanne Leavitt
spoke in support of Councilmember Davis' request.
At the request of Councilmember Davis, this item was continued to the
May 12, 2009, Council meeting, when there is a full Council.
MAIN STREET 4TH OF 13-F: Request of Mayor Genser that the City Council allocate a
JULY PARADE total of $15,800 from the Council Contingency Fund to the Ocean
Park Association (OPA), North of Montana Association (NOMA),
Pico Neighborhood Association (PNA), and Wilshire/Montana
Neighborhood Association (Wilmont) to support the production of
the 2009 Main Street Fourth of July Parade, was presented.
Member of the public Lori Nafshun spoke in favor of the Council's
support for the parade.
Motion by Mayor Genser, seconded by Councilmember Davis, to
approve the request. The motion was unanimously approved by voice
vote with Councilmembers Holbrook, Shriver, and Mayor Pro Tem
O'Connor absent.
PUBLIC INPUT: Members of the public Denise Baron, M. Ross and Tut Hayes discussed
various local concerns.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 9:39
p.m. to May 12, 2009.
ATTEST: APPROVED:
.~1~~C~,~iyl~ ~~~~'
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Denise Anderson-Warren Ken Genser
Acting City Clerk Mayor
8 April 28, 2009