M-071409CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 14, 2009
A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:54
p.m., on Tuesday, July 14, 2009, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tem Pam O'Connor
Councilmember Richazd Bloom
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Bobby Shriver (arrived at 6:18 p.m.)
Absent: 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 5:54 p.m., with
Councilmembers McKeown and Shriver absent. Andy Agle, Director
of Housing and Economic Development, 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 consensus of Council, the Council
Consent Calendar and the Counci]/Housing Authority Consent Calendars
were combined into a joint meeting at 5:56 p.m.
Members of the public Joey Fullmer, Jerry Rubin, Alison Best and
Louisa Fish commented on various Consent Calendaz items.
At the request of Councilmember Bloom, Item 1-F was removed from the
Consent Calendaz. At the request of Mayor Genser, Items 1-G and 1-I
were removed from the Consent Calendar.
Motion by Commissioner/Councilmember Davis. seconded by
July 14, 2009
Commissioner/Councilmember Bloom , to approve all items on the
Consent Calendars as presented except Items 1-F, 1-G and 1-I, reading
resolutions by title only and waiving further reading thereof. The motion j
was approved by the following vote:
AYES: Commissioners/Councilmembers Bloom, Holbrook,
Davis, Chair Pro Tem/Mayor Pro Tem O'Connor, Chair/
Mayor Genser
NOES: None
ABSENT: Commissioners/Councilmembers Shriver, McKeown
MINUTES 1-A: The minutes of the June 23, 2009, City Council meeting were
approved as submitted.
1253 17"' Street 1-B: Resolution No. 10415 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
FINAL PARCEL MAP NO. 065549 TO SUBDIVIDE A PROPERTY
FORA 4-UNIT CONDOMINNM PROJECT AT 1253 17"` STREET,"
was adopted.
TRANSIT FUNDING 1-C: Recommendation to adopt Resolution No. 10416 (CCS)
PROTECTION entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
SUPPORTING THE RESEARCH, POLLING, AND FOCUS GROUP
ACTIVITIES OF THE CALIFORNIA TRANSIT ASSOCIATION IN
PREPARATION OF A RECOMMENDATION TO THE
ASSOCIATION REGARDING THE PLACEMENT OF A TRANSIT
FUNDING PROTECTION INITIATIVE BEFORE THE VOTERS OF
THE STATE OF CALIFORNIA," was adopted.
POLICE & FIRE SOFT- 1-D: Fire and Police Departments' computer aided dispatch and
WARE PROGRAMS records management systems -recommendation to authorize the City
Manager to negotiate and execute Agreement No. 9087 (CCS) with
Public Safety Systems, Inc., in the amount of $560,000 over the next five
years, to begin and to continue software maintenance for the Fire
Department's and Police Deparment's Computer Aided Dispatch and
Records Management systems, respectively, was approved.
THEFT PREVENTION 1-E: Resolution No. 10417 (CCS) entitled: "A RESOLUTION OF
PROGRAM THE CITY OF SANTA MONICA ESTABLISHING AN IDENTITY
THEFT PREVENTION PROGRAM TO COMPLY WITH THE
FAIR AND ACCURATE CREDIT TRANSACTION ACT OF
2003," was adopted.
BALLONA CREEK 1-H: Compliance with bacterial, metals and toxics total maximum
2 July 14, 2009
MAXIMUM DAILY LOAD daily load requirements for Ballona Creek -recommendation to
REQUIREMENTS authorize the City Manager to negotiate and execute Memoranda of
Agreement (MOA) Nos. 9089 (CCS) and 9090 (CCS) with the City of
Los Angeles to implement cost-share monitoring plans to comply with
the L.A. Regional Water Quality Control Board's maximum daily load
requirements for the Ballona Creek Watershed; and, to authorize $8,000
expenditure to cover the cost of the MOA for three years and appropriate
$2,700 from the Measure V account, was approved.
BAYSIDE DISTRICT - 1-F: Bayside District Corporation's Work Plan and Budget for FY
BUDGET & WORKPLAN 2009-10, and Annual Report for FY 2008-09 -recommendation to
approve the Bayside District Corporation's (BDC) FY 2009/10 work plan
and budget; authorize the City Manager to enter into Contract No. 9088
(CCS) with the BDC for the performance of certain maintenance
services; and, authorize cone-time transfer of accrued interest collected
on the Downtown Santa Monica Property Based Assessment District
funds to the BDC, was presented.
Councilmember Bloom advised he removed this item from the Consent
Calendar to ask about the on-going sustainability of the holiday ice
skating rink project, and to ask about homelessness. Kathleen Rawson,
Executive Director of the Bayside District, provided information and
answered questions of Councilmembers.
Motion by Councilmember Bloom. seconded by Councilmember Davis,
to approve recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Davis, Holbrook, Bloom, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers McKeown, Shriver
MINI BLUE TIDE RIDE I-G: Mini Blue TIDE Ride Service -recommendation to authorize
the continuation of existing TIDE Ride service through Labor Day and
Councilmember Shriver the elimination of weekday service beginning September 8, 2009, while
arrived at 6:18 p.m. staff continues to obtain business and community input on options for
downtown community transit services, was presented.
Councilmember Genser advised he removed this item from the Consent
Calendar to express concerns, including but not limited to, discontinuing
service after Labor Day, the uses the TIDE is serving, use of funds that
will be saved, and outreach.
Staff provided information and answered questions of Councilmembers.
July 14, 2009
Motion by Councilmember Genser, seconded by Councilmember Davis,
to approve recommendation, and ask staff to return with additional
information to evaluate the appropriateness of discontinuing the service
after Labor Day. The motion failed by the following vote:
AYES: Councilmember Davis
NOES: Councilmembers Bloom, Holbrook, Shriver, Mayor Pro
Tem O'Connor, Mayor Genser
ABSENT: Councilmember McKeown
Motion by Mavor Pro Tem O'Connor, seconded by Councilmember
Shriver, to approve staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, Shriver,
Mayor Pro Tem O'Connor
NOES: Mayor Genser
ABSENT: Councilmember McKeown
CONVENTION & 1-I: Convention & Visitors Bureau Funding -recommendation to
VISITORS BUREAU authorize the City Manager to negotiate and execute an amendment to
FUNDING Agreement No. 4581 (CCS) with the Santa Monica Convention and
Visitors Bureau in the amount of $2,495,743 for FY 2009/10,
Mayor Genser advised he removed this item from the Consent Calendar
in enor and meant to remove item 1-J.
Motion by Mayor Genser, seconded by Councilmember Bloom, to
approve staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Davis, Holbrook, Bloom, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: Councilmember McKeown
CLINICAL SOCIAL Motion by Mavor Genser, seconded by Councilmember Bloom, to
WORKER AND FRAUD reconsider the vote on Item 1-J. The motion was unanimously approved
INVESTIGATION by voice vote with Councilmember McKeown absent.
SERVICES
1-J: Licensed Clinical Social Worker and Fraud Investigator
Services -recommendation that the Housing Authority authorize the
July 14, 2009
Executive Director to negotiate and execute Contract No. 9091
(CCS/HAS) with Program Compliance Solutions, for $218,400 for three
years, for fraud investigation services; that the City Council and the
Housing Authority authorize the City Manager/ Executive Director to
negotiate and execute Contract No. 9092 (CCS) with Ms. Dorothy
Berndt, LCSW, for $237,057, to provide clinical support for the Housing
Authority and the Human Services Division, was presented.
Mayor/Chair Genser advised he removed this item from the Consent
Calendar to express concerns relayed to him regarding instances of
inappropriate and/or unsympathetic fraud investigations. Staff provided
information and responded to questions from Councilmembers/
Commissioners.
Motion by Mayor/Chair Genser, seconded by Councilmember/
Commissioner Bloom, to approve the social worker contract, and ask
staff to re-look at the fraud investigation services contract.
Discussion ensued on the merits of the motion.
Motion to amend by Councilmember/Commissioner Bloom, to extend
the contract for six months and allow staff to investigate if there's a need
for corrective action and return to Council. The motion was accepted as
friendly by the maker. The motion was approved by the following vote:
AYES: Councilmembers/Commissioners Shriver, Davis, Bloom,
Vice Chair/Mayor Pro Tem O'Connor, Chair/Mayor
Genser
NOES: Councilmember/Commissioner Holbrook
ABSENT: Councilmember/Commissioner McKeown
ADJOURNMENT OF On order of the Mayor, the joint meeting with the Housing Authority was
JOINT MEETING adjourned at 6:49 p.m., and the regular City Council meeting reconvened
with Councilmember McKeown absent.
CLOSED SESSIONS: Member of the public Pro Se commented on the clarity of the posting of
closed sessions.
On order of the Mayor, the City Council recessed at 7:04 p.m., to
consider closed sessions and returned at 8:15 p.m., with Councilmember
McKeown absent, to report the following:
2-A: Conference with Real Property Negotiators
Property: 1415-1437 5th Street
July 14, 2009
City Negotiator: Andy Agle, Director Housing and
Economic Development
Under Negotiation: Interest in Real Property
Owner of Record: Viola S. Thomas Trust
ACTION: Heard. No reportable action taken.
2-B: Conference with Real Property Negotiators
Property: 12040-48 Wilshire Boulevard
City Negotiator: Andy Agle, Director Housing and
Economic Development
Under Negotiation: Interest in Real Property
Owner of Record: Tom Turner Trust
ACTION: Heard. No reportable action taken.
2-C: 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, 168126th Street, Santa Monica, Ca.)
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b) (1): three cases.
ACTION: Heard. No reportable action taken.
2-E: Conference with real property negotiator (Govt. Code section
54956.8):
Property:
City negotiator:
Negotiating parties:
Under negotiation:
ACTION: Heard. No re
(3 parcels seaward of the 1921 Mean
High Tide Line and adjacent to 850
Palisades Beach Road
Andy Agle
City and Jonathan Club
Lease pricing and terms
portable action taken.
2-F: Conference with Legal Counsel -Anticipated Litigation:
Initiation of litigation pursuant to Government Code Section
July 14, 2009
54956.9[c]: regarding the vacant property at 521 Marine.
The City Attorney advised that on this item, 2-F, the City Council
authorized proceeding by way of a receivership.
2-G: Conference with Legal Counsel -Existing Litigation: Oshiro
v. City of Santa Monica, Case No. CV 08-07035 SJO.
ACTION: Heard. No reportable action taken.
2-H: Conference with Legal Counsel -Existing Litigation: Ci of
Santa Monica v. Gonzalez, Case No. SS 013071.
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember
Davis, to waive the attorney's fees awarded the City in a receivership
case because, unless the City waives the fees, the owner of the property
who is destitute and disabled will be left with nothing. The motion was
awarded by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, Shriver,
Mayor Pro Tem O'Connor
NOES: None
ABSTAIN: Mayor Genser
ABSENT: Councilmember McKeown
2-I: 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-J: 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: Not Heard.
STUDY SESSION: 3-A: Update on Progress Made Towards a Revised Land Use and
LUCE UPDATE Circulation Element for City Council Feedback and Direction, was
presented.
The following members of the public commented on various related
issues: Joey Fullmer, Jerry Rubin, and Catherine Eldridge.
July 14, 2009
On order of the Mayor, the information was received and filed.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2290 (CCS)
MASSAGE ORDINANCE entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 6.104 OF THE MUNICIPAL CODE
RELATING TO MASSAGE REGULATIONS TO COMPLY WITH
NEW STATE LAW," was presented.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem
O'Connor, to adopt ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, Shriver,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember McKeown
SOLAR ENERGY 7-B: Second reading and adoption Ordinance No. 2291 (CCS)
SYSTEMS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING 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," was presented.
Motion by Councilmember Holbrook, seconded by Mayor Genser, to
adopt ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, Shriver,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember McKeown
TAXICAB FRANCHISE 7-C: Second reading and adoption of ordinance amending Chapter
6.48 of Article VI of the Municipal Code relating to vehicles for hire;
adding Chapter 6.49 to establish taxicab franchises; and amending
Sections 6.04.110, 6.04.160, 6.04.170, 6.04.220, 6.08.210, 6.12.010, and
6.14.080 regarding taxicabs, was presented.
Councilmember Davis requested to continue adoption of this ordinance
for two weeks due to issues that have arisen relating to the size of signage
on the doors of cabs that may be potentially problematic.
July 14, 2009
Discussion ensued on the request and the issues raised. On order of the
Mayor, and with the consensus of Council, this matter was continued to
the next meeting.
STAFF ITEMS: 8-A: Exposition Light Rail Phase 2 -Recommendation for
ESPOSITION LIGHT Alternative Siting of Maintenance Facility within the City of Santa
RAIL PHASE 2 Monica and Supplemental Report -recommendation to authorize the
City Manager to work with the Exposition Construction Authority (Expo)
to continue to explore an alternate location for the required Phase 2 light
rail maintenance facility; request the Expo to include this alternate site in
the final EIR analysis and continue negotiations related to mitigating
community adjacency issues; direct staff to work with the Expo and other
agencies on grade crossing, layout and financial issues associated with
the newly proposed sites; direct staff to analyze options and work with
Expo to meet the applicable relocation needs of businesses and Santa
Monica College, including exploration of joint use and/or co-location of
facilities; direct staff to work with the Expo to minimize the visual and
environmental impacts of the maintenance facility and enhance its
aesthetic interface with the community; and direct staff to work with the
Expo to ensure the final budget for the Expo Phase 2 project includes
compensation to the City for use of the City-owned property on 1800
Stewart Street as applicable as well as for private parties and Santa
Monica College, as necessary. Recommendation to direct staff to
continue to work with the college to resolve site needs, was presented.
The following members of the public spoke generally in opposition to the
siting of the maintenance facility: Daniel Dubrowski, Daren Laureano,
Jim Jacobson, Kevin Brogan, Linas Baskanska, Sarah Devine-Pothier,
Eleanor Path, Anstel Anderson, Michelle Centeno, Elias Serna, Ruben
Pacheco, David Glass, Johnny Ramirez, Maria Loya, Oscar de la Torre,
Jerry Rubin, Ana Jara, and Linda Piera Avila.
The following members of the public spoke in support of the
recommendations: Louise Jaffe, David Finkel.
Considerable discussion ensued on the points presented and on the
comments received from members of the public.
Motion b~Mayor Genser, seconded by Mayor Pro Tem O'Connor, to
approve staff recommendation.
Motion to amend by Councilmember Davis, in paragraph 1, related to the
phrase "to continue to explore an alternate location .." for the
maintenance facility, add the language "including but not limited to the
July 14, 2009
attached ...," and in paragraph 5, after "work with the Expo Authority,"
add "and the community." The motion was accepted as friendly. The
motion as amended was approved by the following vote:
AYES: Councilmembers Davis, Bloom, Mayor Pro Tem
O'Connor, Mayor Genser
NOES: Councilmembers Shriver, Holbrook
ABSENT: Councilmember McKeown
Councilmember Shriver stated, for the record, that he voted in opposition
not because he is against the idea of Light Rail, but merely with the
compatibility of the large industrial (maintenance) facility in a residential
neighborhood, and hopes that with the creativity of Supervisor
Yaroslavsky and his staff abetter-suited location is found.
MOTION TO CONTINUE Motion by Councilmember Davis, seconded by Councilmember Bloom,
PAST 11:00 P.M. to continue past 11:00 p.m. The motion was approved with
Councilmember Shriver voting against and Councilmember McKeown
absent.
JONATHAN BEACH 8-B: Future use of beach property leased by Jonathan Club -
CLUB LEASE recommendation to determine whether, in accordance with the permit and
lease (Permit for Improvements and Lease Option Agreement by and
between State of California, City of Santa Monica and Jonathan Club)
executed in 1984, between the State of California, City of Santa Monica
and Jonathan Club, 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; authorize and direct staff to take action consistent with the
determination and the lease terms, was presented.
The following members of the public spoke in support of continuing the
lease with the Jonathan Club.
Marshall Grossman, Pat Ramsey, Tom Larmore, Debbie Hall, Marta
Fernandez, Michael Lindsey, Jonathan Larsen, Elizabeth Stearns, Nick
Steers, Duncan Smith, Matthew Allmatt, Keith Deisenroth, Tollie
Besson, Anthony Witteman, John Lee and Rick Bold.
Due to the lateness of the hour, and in order to allow staff to respond to
questions presented, on order of the Mayor the public hearing was closed
and this matter was continued to the next meeting on July 28, 2009.
PARKING STRUCTURES 8-C: Parking Structures 7 and 8 Fagade Improvement and
7 AND 8 Attendant Parking Program Project Update -recommendation to
10 July 14, 2009
Councilmember Shriven was approve a phased approach to implementation of the Program to enable
excused at 12:14 a. m. the Project to move forward with available resources, was presented.
There was no one present for public comment.
Motion by Councilmember Davis. seconded by Councilmember Bloom,
to approve recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Davis, Holbrook, Bloom, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers McKeown, Shriven
PUBLIC INPUT: Members of the public Pro Se, Denise Barton, Louisa Fish, Joey Fullmer,
and Steve Pesce commented on various local issues.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:22
a.m. in memory of Edward Kline and Mr. Barney Seltzer.
~-.-.w.~PROVED:
Mazia M. Stew~~t Ken ens(i er
City Clerk Mayor
11 July 14, 2009