M-072809CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 28, 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 28, 2009, at City Counci] 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
Absent: Councilmember Kevin McKeown
Councilmember Bobby Shriver
Also Present: City Manager P. Lamont Ewell
Assistant City Attorney Joseph Lawrence
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:54 p.m., with
Councilmembers Shriver and McKeown absent. Stephanie Negriff,
Director of the Big Blue Bus, 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, M. Ross and Jerry Rubin
commented on various Consent Calendar items.
At the request of Councilmember Davis, Item 1-E was removed from the
Consent Calendar. At the request of Mayor Genser, Item 1-M was
removed from the Consent Calendar.
On order of the Mayor and at the request of staff, Item 1-C was
withdrawn.
Motion by Councilmember Holbrook. seconded by Mavor Pro Tem
July 28, 2009
O'Connor, to approve all items on the Consent Calendar as presented
except Items 1-C, 1-E and 1-M, reading resolutions by title only and ',
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Davis, Holbrook, Bloom, Mayor Pro
Tem O'Connor, Mayor Geneer
NOES: None
ABSENT: Councilmembers McKeown, Shriver
MINUTES 1-A: The minutes of minutes of the June 30 and July 14, 2009, City
Council meetings were approved as submitted.
HAZARDOUS WASTE 1-B: Used Oil Recycling and Household Hazardous Waste grant
GRANT FUNDS funds -recommendation to adopt Resolution No. 10418 (CCS) entitled:
"A RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO SUBMIT AND
EXECUTE USED OIL RECYCLING AND HOUSEHOLD
HAZARDOUS WASTE GRANT APPLICATIONS TO THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD,"
was approved.
BIODIESEL FUEL - 1-C: Purchase of Biodiesel Fuel -recommendation that City Council
WITHDRAWN approve an extension of the current purchase order with General
Petroleum Corporation, in the amount of $1,240,000, to supply and
deliver B20, B50, and B99 biodiesel fuel blends to the Big Blue Bus
Department and the Fleet Management Division through October 31,
2009, was withdrawn.
PIER NETTING 1-D: Purchase and install Pier netting -recommendation to award
Bid No. 2979 to Bird Busters, in the amount of $107,758 to furnish,
deliver, and install netting underneath the Santa Monica Pier, was
approved.
TRAFFIC SAFETY 1-F: California Office of Traffic Safety grant funds -
GRANT FUNDS recommendation to authorize the City Manager to accept a grant from the
California Office of Traffic Safety, in the amount of $103,805, in Support
of the Selective Traffic Enforcement Program, and appropriate funds and
approve budgetary changes as proposed, was approved.
CITYTV FACILITY 1-G: Tenant Improvements of New CityTV Facility - recommen-
dation to authorize the City Manager to negotiate and execute an
amendment to Agreement No. 9014 (CCS) with Nonzero Architecture, in
the amount of $8,056, for a total amount of $206,606, for additional ' -
2 July 28, 2009
design services for tenant improvements of the new CityTV facility; and
appropriate funds as proposed, was approved.
BBB BATTERIES 1-H: Battery purchase for Big Blue Bus - recommendation to
authorize an increase to the purchase order issued to Battery Systems,
Inc. in the amount of $14,883, to pay for additional batteries, was
presented.
BBB WEBSITE DESIGN 1-I: Big Blue Bus Website Design -recommendation to authorize
the City Manager to negotiate and execute Contract No. 9094 (CCS) with
Mortar Advertising, LLC, in the amount of $81,135, for online creative
design and information architecture services, for a redesigned Big Blue
Bus website and new online transit applications for public use, was
approved.
BBB FILTERS 1-J: Filter purchase for Big Blue Bus -recommendation to
authorize an increase to the purchase order issued to Warren Distributing,
Inc. in the amount of $8,719, to pay for additional filters, was approved.
3330 PICO PLACE N. I-K: Lease property located at 3300 Pico Place North -
recommendation to authorize the City Manager to negotiate and execute
Lease No. 9095 (CCS) with Morgan Auto Service for parking on the
property located at 3300 Pico Place North, at a rate of $90 per space per
month, for a term ending July 31, 2012, was approved.
RENEWABLE ENERGY 1-L: Renewable electricity for City facilities -recommendation to
authorize the City Manager to negotiate and execute an amendment and
reinstatement of Contract No. 8604 (CCS), for purchase of renewable
electricity for City facilities, was approved.
CUSTODIAL SERVICES 1-E: Santa Monica Pier Custodial Services - recommendation to
approve an extension of the current month-to-month custodial services
Agreement No. 9093 (CCS) with High Tech Building Maintenance, in
the amount of $426,000, for services at the Santa Monica Pier through
June 30, 2010, or until a formal bid is awarded, was presented
Councilmember Davis advised this item was removed from the Consent
Calendar to request that when staff returns with a new contract she would
like to see an analysis of the cost of outsourcing this contract versus
keeping itin-house.
Motion by Councilmember Davis. seconded b~~ Mayor Genser, to
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approve recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Bloom, Holbrook, Davis, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers McKeown, Shriver
SM PIER PARHING 1-M: Adoption of Resolution No. 10419 (CCS) of the City of Santa
RATES Monica authorizing celebration of the Santa Monica Pier Centennial
Anniversary on September 9, 2009, and implementation of parking
event management in support of the event including adjustment of
parking rates, was presented.
Councilmember Genser advised he removed this item from the Consent
Calendar to express concerns about the increase in the parking rates, the
number of visitors expected, and the speed of moving cars during
parking. Discussion ensued on the merits of the proposed rate
adjustments and comparisons with rates for other events at other venues.
After considerable discussion, Council concurred on the amount of the
rate adjustments.
Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to
adopt the resolution setting the rate at $20 for the beach lots and at $15
for all other lots, reading the resolution by title only and waiving reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers McKeown, Shriver
CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:24 p.m., to
consider closed sessions and returned at 7:56 p.m., with Councilmembers
McKeown, Shriver, and Bloom absent, to report the following:
2-A: 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.
4 July 28, 2009
2-B: 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 Rd.
City negotiator: Andy Agle
Negotiating parties: City and Jonathan Club
Under negotiation: Lease pricing and terms
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel -Existing Litigation: Broe~er
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 -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b) (1): two cases.
ACTION: Heard. No reportable action taken.
2-E: Conference with Legal Counsel -Existing Litigation: Chubna
et al. v. City of Santa Monica, USDC, Case No. CV09-5046 CBM
(Ex).
ACTION: Heard. No reportable action taken.
2-F: Conference with Legal Counsel -Existing Litigation: Powell
v. City of Santa Monica, Los Angeles Superior Court Case No. SC
098205.
ACTION: Not Heard.
2-G: Conference with Legal Counsel -Existing Litigation:
Cabrera v. City of Santa Monica, Los Angeles Superior Court Case
No. SC 093291.
Motion by Mavor Pro Tem O'Connor. seconded by Councilmember
Davis, to approve Settlement No. 9096 (CCS) in the amount of $50,000,
for a fall in a Big Blue Bus. The motion was approved by the following
vote:
July 28, 2009
AYES: Councilmembers Davis, Holbrook, Mayor Pro Tem
O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers Shriver, McKeown, Bloom
2-H: Public Employee Evaluations.
Title of Employee: City Manager
ACTION: Heard. No reportable action taken.
ADMIN. ITEMS: 6-A: Appeal of Landmarks Commission Approval of Certificate of
236 ADELAIDE DRIVE Appropriateness Application for rehabilitation of 236 Adelaide Drive
APPEAL -recommendation to deny appea109APP-009 and approve Certificate of
Appropriateness application 09CA-006 consisting of a rehabilitation plan
Councilmember Bloom for the Landmark residence and contributing site features located at 236
returned at 8.•00 p. m. Adelaide Drive based on the proposed findings, was presented.
Appellant, Linda Liles, spoke in support of the appeal.
Lisa Spect and Kelly Sutherlin-McLeod, representing the Applicant,
spoke in opposition to the appeal.
Landmarks Commissioner Ruthann Lehrer, representing the
Commission, spoke in opposition of the appeal. Member of the public
Pat Becker spoke in opposition of the appeal.
Appellant Linda Liles gave a rebuttal to comments made by Applicant's
representatives and members of the public.
Motion by Councilmember Davis, seconded by Councilmember
Holbrook, to deny the appeal and approve Certificate of Appropriateness
application 09CA-006 consisting of a rehabilitation plan for the
Landmark residence and contributing site features located at 236
Adelaide Drive based on the proposed findings. The motion was
approved by the following vote:
AYES: Councilmembers Davis, Holbrook, Bloom, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers Shriver, McKeown
6 July 28, 2009
ORDINANCES: 7-A: Second reading and adoption Ordinance No. 2292 (CCS)
TAXICAB FRANCHISE entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
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.
Motion by Councilmember Davis, 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, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers Shriver, McKeown
STAFF ITEMS: 8-A: Future use of beach property leased by Jonathan Club and
JONATHAN CLUB Supplemental Report - recommendation to determine whether, in
LEASE accordance with the permit and lease (Permit for Improvements and
OF BEACH PROPERTY 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.
Tom Larmore, representing the Jonathan Club, spoke in support of a
recently presented new proposal from the Club for an extension of the
beach with modified terms.
Member of the public Jerry Rubin spoke in support of allowing public
use of the beach property.
Discussion ensued. After considerable discussion it was the consensus of
Council to continue this matter until August 11, 2009, to allow staff time
to consider and analyze the new proposal from the Jonathan Club, and so
that Council can consider all the related points at the same time.
July 28, 2009
MARATHON ROUTES; 8-B: Marathons and Half-Marathons in Santa Monica: Pilot L.A.
L.A. MARATHON ROUTE Marathon Route and Santa Monica Half-Marathon Route -
recommendation to assess the benefits and impacts of holding marathons
and half-marathons in the City. If Council determines these races are
appropriate, then provide direction regarding revisions to the provisions of
the Community Events Law to establish on a trial basis the marathon route
proposed for the March 21, 2010 LA Marathon and the half-marathon
route proposed for the February 28, 2010 Santa Monica Half-Marathon
and designation of the south beach lots for licensure for commercial
events, was presented.
The following members of the public spoke in support of local marathons
and of the L.A. Marathon: Russ Pillar, Frank McCourt, Bill Lockton,
Laurel Rosen, mark Gold, Tania Fischer, Eric Bamon, Sonia Diaz, John
Seiber, Karin Hall, Laurence Cohen, Natalie Burdick, Carl Smirkal, Jerry
Rubin, Monique Gutierrez, Virgil Torres, Justine Liddelow, Jeff Urband,
Daisy Hernandez, Oscar de la Torre, Ken Murphy, Ted Kahan, Michael
Mahler, Marvyn Cooper, Julie Weiss, Michelle Fleenor, John Phillips,
Don Camacho, Patrick Adams, Ray Coleman, Denny Smith, and Nicholas
Holden.
Considerable discussion ensued on both the consideration of local
marathons and of the L.A. Marathon, and on related issues including but
not limited to safety, traffic, cost recovery, permitting process, street
closures, and the effects of the proximity of the dates proposed for the two
races.
Motion b~Councilmember Holbrook, seconded by Councilmember
Bloom, to direct staff to prepare changes in local law to allow marathons
and half-marathons in Santa Monica; instruct staff to negotiate with the
L.A. Marathon for an approved route through Santa Monica on March 21,
2010; staff to determine the appropriate route through and within Santa
Monica for one-half or full marathons; and that the Council will approve
any half or full marathons through or completely within Santa Monica.
Mayor Genser commented on the absence, in the motion, of direction to
staff to work with promoters of the Santa Monica Marathon and to look
for an appropriate date for the event.
Councilmember Holbrook advised he would accept this direction as a
friendly amendment to his motion.
July 28, 2009
Motion by Councilmember Davis, to amend motion and direct staff to
examine making changes with regard to the South Beach lot. The motion
was accepted as friendly.
The motion, as amended, was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, Mayor Pro Tem
O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers McKeown, Shriver
COUNCIL TRAVEL 8-C: Council Travel Policy - recommendation to consider suggested
POLICY revisions to existing Policy and direct staff to return with a resolution
approving any necessary amendments.
At the request of Councilmember Holbrook, and with the consensus of
Council, this item was continued to August 11, 2009, as Councilmember
Shriver has an interest in this matter and would like to participate.
PUBLIC HEARINGS: 9-A: Public Hearing and approval of the Stormwater Parcel Report
STORMWATER PARCEL and Stormwater Management User Fee for Fiscal Year 2009-10 -
REPORT recommendation to approve the 2009 Stormwater Parcel Reports pursuant
to the California Health and Safety Code, and Stormwater Management
User Fee for Fiscal Year 2009-10, was presented.
There was no one present for public comment.
Motion by Councilmember Holbrook. seconded by Mayor Pro Tem
O'Connor, to approve recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, Mayor Pro Tem
O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers Shriver, Mckeown
COUNCIL ITEMS: 13-A: Designation of voting delegate(s) for Annual Business Meeting,
League of California Cities Annual Conference, September 16-18,
2009, San Jose, was presented.
There was no one for public comment.
July 28, 2009
Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to
appoint Councilmember McKeown as a voting delegate and Mayor Pro
Tem O'Connor and Councilmember Holbrook as alternate voting
delegates. The motion was unanimously approved by voice vote, with
Councilmembers McKeown and Shriver absent.
PUBLIC INPUT: Members of the public Faye Jurabchi, Denise Barton, M. Ross, Eda Jace,
Sally Kasiov, and Lindas Baskauskas expressed concerns and commented
on various local issues.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:12
p.m., in memory of Bernardo Cline, Gene Belhumeur, and Irene Wolt.
ATTEST: APPROVED:
Maria M. Stewart Ken Genser
City Clerk Mayor
10 July 28, 2009