M-062309CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NNE 23, 2009
A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:53
p.m., on Tuesday, June 23, 2009, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tem Pam O'Connor
Councilmember Richard Bloom
Councilmember 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
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:53 p.m., with
Councilmember Shriver absent. Don Patterson, Assistant to the City
Manager, 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, M. Ross and Ken Ward
commented on various Consent Calendar items.
Motion by Councilmember McKeown. seconded b~ ayor Pro Tem
O'Connor, to approve the Consent Calendar, reading resolutions by title
only and waiving further reading thereof. The motion was approved by
the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
MINUTES 1-A: The minutes of the May 26, May 27, and June 9, 2009, City
June 23, 2009
Council meetings were approved as submitted.
LEGAL PUBLISHING 1-B: Bid to Publish City's Legal Notices -recommendation that the
City Council award a bid to The Santa Monica Daily Press to publish the
city's legal notices for fiscal year 2009-10, pursuant to the requirements
of Section 609 of the City Charter, was approved.
LAX PRISONER 1-C Transportation of prisoners to LAX County Courthouse -
TRANSPORTATION recommendation to authorize the City Manager to negotiate and execute
Agreement No. 9077 (CCS) with the Los Angeles County Sheriffs
Department in the amount of $120,061, to provide transportation for
Santa Monica Police Department prisoners to the Superior Court of
California -County of Los Angeles Airport Branch, was approved.
MOUNTAIN VIEW 1-D: Gas and electrical facilities easements at Mountain View
MOBILE HOME PARK Mobile Home Park - recommendation to adopt Resolution Nos. 10399
(CCS) and 10400 (CCS) authorizing the City Manager to execute a
Grant of Easement to Southern California Edison for construction and
maintenance. of new electrical facilities services, and for construction and
maintenance of gas facilities services the Mountain View Mobile Home
Park, located at 1930 Stewart Street, was approved.
WATER REPLACEMENT 1-E: Water Replacement/Upgrade Project -recommendation to
& UPGRADE PROJECT authorize the City Manager to negotiate and execute Agreement No. 9078
(CCS) with CSD Engineering, Inc. (a.k.a. Cannon), in the amount of
$380,000, to provide design services for the Water Main
Replacement/Upgrade Project, was approved.
PIER STRUCTURE AND 1-F: Pier Structural Upgrades and Gangway Project -
GANGWAY recommendation to authorize the City Manager to negotiate and execute
Agreement No. 9079 (CCS) with URS Corporation in the amount of
$430,000, to provide design services for the Pier Structural Upgrade and
Gangway Project, was approved.
WASTEWATER MAIN 1-G: Wastewater Main Replacement/Upgrade -recommendation to
authorize the City Manager to negotiate and execute Agreement No. 9080
(CCS) with Psomas in the amount of $540,000, to provide design
services for the Wastewater Main Replacement/Upgrade Project, was
approved.
HISTORIC RESOURCE 1-H: Historic Resources Analysis Services -recommendation to
2 June 23, 2009
ANALYSIS authorize the City Manager to approve an amendment to Contract No.
8912 (CCS) with PCR Services Corporation for an additional $24,672,
resulting in a new total amount not to exceed $229,593.70, to provide
historic resources analysis for the City Planning Division, was approved.
RECORDS RETENTION 1-I: Records Retention Schedule revisions -recommendation to
SCHEDULE adopt Resolution No. 10401 (CCS) approving revisions to the City-wide
Records Retention Schedule, was approved.
CLOSED SESSIONS: Member of the public Pro Se commented on the extent of information
contained in the posting of closed sessions.
On order of the Mayor, the City Council recessed at 6:19 p.m., to
consider closed sessions and returned at 7:19 p.m., with Councilmember
Shriver absent, to report the following:
2-A: 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-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.
ACTION: Heazd. No reportable action taken.
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).
ACTION: Heard. No reportable action taken.
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).
ACTION: Heard. No reportable action taken.
June 23, 2009
2-E: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 549569 (b)(1): two cases.
ACTION: First case was not heard; second case was heard with no
reportable action taken.
2-F: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b): matter involving signage at 1547 7th
Street.
ACTION: Heard. No reportable action taken.
2-G: 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.
ORDINANCES: 7-A: Introduction and first reading of an ordinance amending
Chapter 6.104 of the Municipal Code relating to massage regulations i
to comply with new State law, was presented.
There was no one present for public comment.
Motion by Mayor Pro Tem O'Connor, seconded by Councihnember
Holbrook, 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 McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
COMMUNITY EVENTS 7-B: Introduction and first reading of an ordinance Amending
ORDINANCE Chapter 4 of the Municipal Code, the Community Events Ordinance, !.
June 23, 2009
to establish a permit requirement for activities or events of 75 or
more persons on the City's 3rd Street Promenade or on the Santa
Monica Pier, to authorize the Bayside District Corporation and the
Pier Restoration Corporation to issue community event permits for
events less than 150 persons, and to eliminate the annual community
event permit, was presented.
There was no one present for public comment.
Discussion ensued on the merits of the proposed ordinance, existing
policy for issuing of permits, and on the issues of safety if the proposed
ordinance is adopted.
After considerable discussion, it was the consensus of Council to
continue this matter to a future meeting to allow staff time to research the
questions raised and to allow the Bayside District Corporation to
comment, should its Board choose to do so.
STAFF ITEMS: On order of the Mayor, the City Council recessed to a joint meeting with
MINUTES: HOUSING & the Housing Authority, Parking Authority, and Redevelopment Agency at
PARHING AUTHORITY, 7:34 p.m., with Councilmember Shriver absent.
REDEVELOPMENT
AGENCY 8-A: Approval of minutes of the: Housing Authority for April 8 and
June 17, 2008, and April 14, 2009; Parking Authority for May 27, June
17, July 23, and November 25, 2008, and Redevelopment Agency for
December 4, 2007, January 8, March 11, April 8, April 22, May 13, June
10, June 17, July 8, July 23, September 16, November 25, December 2,
and December 9, 2008, January 27, February 24, March 3, March 24,
April 14, Apri128, and May 12, 2009, was presented.
Motion b~~ Mayor Pro Tem O'Connor, seconded by Councilmember
Holbrook, to approve the minutes as submitted. The motion was
unanimously approved by voice vote, with Councilmember Shriver
absent.
FY2009-2010 BUDGET 8-B: Adoption of FY 2009-10 Budget; approval of personnel
changes; adoption of resolution adjusting and establishing various
rates and fees and accepting federal grant funds; and adoption of
resolutions establishing the City's GANN appropriations limit for
FY 2009-10 -recommendation that the City Council adopt Resolution
No. 10402 (CCS) to establish new classifications and adopt salary rates;
Resolution No. 10403 (CCS) to establish annual adjustment to fees;
Resolution No. 10404 (CCS) adopting Business License Fees; Resolution
10405 (CCS) to set Library fees; Resolution 10406 (CCS) to set parking
June 23, 2009
violation fees; Resolution 10407 (CCS) to establish a fee for tobacco
retail license; Resolution 10408 (CCS) to establish Social Service
Program fees; Resolution 10409 (CCS) to establish City Facilities Fees;
Resolution 10411 (CCS) to set the GANN appropriations limit; and that
Council accept grant funds from the Los Angeles Homeless Services
Authority and from HUD. Recommendation that the City Council adopt
Resolution No. 10410 (CCS), the Housing Authority adopt Resolution
No. 84 (HAS), the Parking Authority adopt Resolution 249 (PAS), and
the Redevelopment Agency adopt Resolution No. 517 (RAS), each
adopting its respective FY2009-20010 budget, was presented.
Members of the public Joey Fullmer, T.J. Hill, Brian Buckner, Susan
Cloke, and Mazk Gold spoke in support of various programs and projects.
Considerable discussion ensued on the recommended funding and
priority of projects including but not limited to certain capital
improvement projects, enforcement of deed restricted affordable units,
construction costs for the historical museum, environmental impact
report (EIR) for the plastic bag ban ordinance, tree maintenance and
replacement, funding for city yards, and soccer field monitoring costs.
After considerable discussion, Mayor Genser asked for a consensus vote
and summarized the agreed-upon expenditure of available funds as
follows: $60,000 for the plastic bag ordinance EIR; $50,000 for the
Historical Society museum funding as a set aside until staff researches
the details of the formal loan funding; $205,000 for tree trimming,
$27,500 for one-time deed-restricted housing monitoring, and $35,000
for waiver of the soccer field turf monitoring fee for those individuals
that are already registered. In addition, the remaining $10,000 and any
savings from the EIR or from the set-aside for the turf monitoring fee
reduction will be dedicated to tree/oleander replacement. Council
unanimously approved consensus by voice vote, with Councilmember
Shriver absent.
Motion by Councilmember Holbrook, seconded by Councilmember
Davis, to adopt Resolution No. 10402 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
June 23, 2009
NOES: None
ABSENT: Councilmember Shriver
Motion by Councilmember McKeown, seconded by Councilmember
Holbrook to adopt Resolution Nos. 10403-10407 (CCS) reading by title
only and waiving further reading thereof. The motion was approved by
the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
Motion by Councilmember Davis, seconded by Councilmember
Holbrook to adopt Resolution Nos. 10408 and 10409 (CCSO, reading by
title only and waiving further reading thereof The motion was approved
by the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
Motion By Councilmember Holbrook. seconded by Mayor Genser to
adopt Resolution No. 10411 (CCS) establishing the GANN
appropriations limit, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
Motion bv_Councilmember McKeown, seconded by Councilmember
Davis, to authorize the City Manager to execute a grant agreement to
accept $381,791 in grant funds for services for the homeless; and an
agreement to accept $491,791 in grant funds for the Serial Inebriate
Program. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
June 23, 2009
NOES: None
ABSENT: Councilmember Shriver
Motion by Councilmember/Agency Member/Commissioner/Authority
Member Holbrook, seconded by Councilmember/Agency
Member/Commissioner/Authority Member Davis, to adopt resolutions
adopting each entity's respective budget, reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers/Agency Members/Commissioners/
Authority Members McKeown, Davis, Holbrook, Bloom,
Chair Pro Tem/Mayor Pro Tern/Vice Chair O'Connor,
Chair/Mayor Genser
NOES: None
ABSENT: Councilmember/Authority Member/Agency
Member/Commissioner Shriver
Councilmember McKeown requested clarification that the motion just
approved included various directions to staff and workplan adjustments
discussed during deliberations including, but not limited to, request for
information on 20% reduction in water usage, the "City as Park" concept
integration, adoption of bio-degradable Smart Card, etc. Councilmember ,
Holbrook, as the maker of the motion, advised and Mayor Genser
confirmed, that the motion included these points.
ADJOURNMENT OF On order of the Mayor, the special joint meeting was adjourned at 9:29
SPECIAL JOINT p.m., and the regular City Council meeting reconvened with
MEETING Councilmember Shriver absent.
PIER CENTENNIAL 8-C: Santa Monica Pier Centennial Plans, September 9, 2009,
PLANS fireworks, and West End Plaque Community Fundraising Program -
recommendation to authorize the Pier Restoration Corporation's
proposed fireworks display for September 9, 2009, and the West End
Plaque Community Fundraising Program to support the Pier Centennial
Celebration, was presented.
Motion by Councilmember McKeown, seconded by Mayor Genser, to
approve recommendation, with the direction to staff to provide additional
information regarding any environmental issues related to the proposed
fireworks display, and on any other environmentally friendly fireworks
available. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, McKeown,
June 23, 2009
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
ZERO WASTE 8-D: Zero Waste Strategic Plan and Extended Producer
STRATEGIC PLAN Responsibility Resolution -recommendation to direct staff to develop a
zero waste strategic plan; and adopt Resolution No. 10412 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
SUPPORTING THE CALIFORNIA PRODUCT STEWARDSHIP
COUNCIL AND EXTENDED PRODUCER RESPONSIBILITY," was
presented.
There was no one present for public comment.
Motion by Councilmember McKeown. seconded by Councilmember
Bloom, to approve recommendation. The motion was unanimously
approved by voice vote, with Councilmember Shriver absent.
RESOLUTIONS: 11-A: Amendment to Preferential Parking Zone K -recommendation
PREFERENTIAL to adopt Resolution No. 10413 (CCS) entitled: "A RESOLUTION OF
PARKING ZONE K THE CITY OF SANTA MONICA AMENDING PREFERENTIAL
PARKING ZONE K CHANGING THE RESTRICTIONS ON 14TH,
15TH, AND 16TH STREETS BETWEEN WILSHIRE BOULEVARD
AND CALIFORNIA AVENUE; AND ON CALIFORNIA AVENUE
BETWEEN 14TH AND 16TH STREETS," was presented.
Members of the public Jake Zortman, Michael Carey, Judie Henninger,
Pattie Fitzgerald and Diane Krakower spoke in support of the proposal.
Sara Halpert expressed concerns regarding other parking impacts in the
area.
Motion by Councilmember McKeown. seconded by Mayor Genser, to
adopt resolution, 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
COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions for terms
9 June 23, 2009
APPOINTMENTS ending June 30, 2009.
Board/Commission No. of Apts. Terms Endine
Accessibility Appeals Board 2 06/30/2013
On order of the Mayor, this matter was continued to August 11, 2009,
with direction to the City Clerk to continue recruitment of candidates
aggressively.
Airport Commission 1 06/30/2013
The Mayor opened the floor for nominations.
Mayor Censer nominated Stephen Mark. There being no other
nominations, Mr. Mark was re-appointed to the vacancy by acclamation,
with Councilmember Shriver absent.
Architectural Review Board 2 06/30/2013
The Mayor opened the floor for nominations.
Mayor Censer nominated incumbents John Ellis and Lynn Robb. There
being no other nominations, John Ellis and Lynn Robb were appointed by t
acclamation, with Councilmember Shriver absent.
Arts Commission 2 06/30/2013
The Mayor opened the floor for nominations.
Councilmember McKeown nominated Rachel Lachowicz for a third
term. There being no other nominations, Ms. Lachowicz was re-
appointed, with Councilmember Holbrook abstaining and
Councilmember Shriver absent.
Councilmember McKeown nominated George Minardos. There being no
other nominations, Mr. Minardos was appointed by acclamation, with
Councilmember Shriver absent.
Building and Safety Commission 3 06/30/2013
The Mayor opened the floor for nominations.
Mayor Censer nominated Michael Ishler. There being no other
10 June 23, 2009
nominations, Mr. Ishler was reappointed by acclamation, with
Councilmember Shriver absent.
Mavor Genser nominated Kristina Andresen and David Shaffer for third
terms. There being no other nominations, Ms. Andresen and Mr. Shaffer
were reappointed to a third term, with Councilmember Holbrook
abstaining and Councilmember Shriver absent.
Sr. Community Commission 2 06/30/2013
On order of the Mayor, this matter was continued to August 11, 2009.
Comm. Status of Women 3 06/30/2013
The Mayor opened the floor for nominations.
Councilmember McKeown nominated incumbents Amy Bishop-Dunbar,
Ana Maria Jara, and Sarah Mueller Stegemoeller. There being no other
nominations, the three incumbents were appointed by acclamation, with
Councilmember Shriver absent.
Convention & Visitors Bureau
06/30/2013
On order of the Mayor, this matter was continued to August 11, 2009.
Disabilities Commission 3 06/30/2013
The Mayor opened the floor for nominations.
Mavor Genser nominated incumbents Amy Boersma, Samuel Genensky,
and Audrey Parker. There being no other nominations, the incumbents
were appointed by acclamation, with Councilmember Shriver absent.
Housing Commission
4 06/30/2013
The Mayor opened the floor for nominations.
Councilmember McKeown nominated Chloe Edwards Bird for a third
term. There being no other nominations, Ms. Bird was appointed with
Councilmember Holbrook abstaining and Councilmember Shriver absent.
Councilmember McKeown nominated Betty Smith Mueller. There being
11 June 23, 2009
no other nominations, Ms. Mueller was appointed by acclamation with
Councilmember Shriver absent.
Councilmember McKeown nominated Lewis Steele for a fifth two-year
term. There being no other nominations, Ms. Steele was appointed with
Councilmember Holbrook abstaining and Councilmember Shriver absent.
Councilmember McKeown nominated Allan Tainsky for reappointment.
There being no other nominations, Mr. Tainsky was appointed by
acclamation with Councilmember Shriver absent.
Landmarks Commission
2 06/30/2013
The Mayor opened the floor for nominations.
Councilmember McKeown nominated John Charles Berley for
reappointment. There being no other nominations Mr. Berley was
reappointed by acclamation, with Councilmember Shriver absent.
Councilmember McKeown nominated Nina Fresco for a third term.
There being no other nominations, Ms. Fresco as reappointed with
Councilmember Holbrook abstaining and Councilmember Shriver absent.
Library Board 1 06/30/2013
The Mayor opened the floor for nominations.
Mayor Genser nominated Dan Stern for a third term. There being no
other nominations, Mr. Stern was reappointed with Councilmember
Holbrook abstaining and Councilmember Shriver absent.
Personnel Board
06/30/2014
On order of the Mayor, this matter was continued to August 11, 2009.
Planning Commission 1 06/30/2013
The Mayor opened the floor for nominations.
Councilmember McKeown nominated Hendrik Koning for
reappointment. There being no other nominations, Mr. Koning was
reappointed by acclamation, with Councilmember Shriver absent.
Recreation and Parks Commission 1 06/30/2013
12 June 23, 2009
On order of the Mayor, this matter was continued to August 11, 2009.
Social Services Commission 2 06/30/2013
On order of the Mayor, this matter was continued to August 11, 2009.
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 August 11, 2009.
PUBLIC INPUT Members of the public M. Ross, Pro Se, Denise Barton, Jay Kedrick, D.
May and Mary Catalano commented and expressed concerns regarding
various local issues.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 10:25
p.m, in memory of Frances Dean Smith and Herschel Rosenthal.
AT'fES~ AWED~~
Maria M. Stewart Ken Genser "
City Clerk
Mayor
13 June 23, 2009