M-092209CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 22, 2009
A regular meeting of the Santa Monica City Councilwas called to order by Mayor Genser at 5:57 p.m.,
on Tuesday, September 22, 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
Councilmember Bobby Shriver (arrived at 6:10 p.m.)
Also Present: City-Manag€~r-P_ Lamont Ewell
City Attorney Mazsha Jones Moutrie
Assistant City Attorney Joseph Lawrence
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:57 p.m., with
Councilmember Shriver absent. Fire Chief James Hone 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, Brian Hutchings and M. Ross
commented on various Consent Calendar items. Member of the public
Ezra Levin spoke in opposition to Item 1-D and Valencia Adams in
support of Item 1-H.
At the request of Councilmember Davis Item 1-C was removed from the
Consent Calendar. At the request of Councilmember Bloom, Item 1-D
was removed from the Consent Calendar.
Motion by Councihnember Bloom. seconded by Councilmember
September 22, 2009
Holbrook, to approve all items on the Consent Calendar as presented
except Items 1-C and 1-D, reading resolutions by itle 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 September 8, 2009, City Council meeting were
approved as submitted.
SANTA MONICA BAY 1-B. SantaMo~ca Ray educational and outreach services -
OUTREACH -recommendation to authorize the City Manager to negotiate and
execute Agreement No. 9116 (CCS) with Heal the Bay, in the amount of
$50,000 for a new total of $150,000, to provide educational and outreach
services, was approved.
SANTA MONICA 1-E: Santa Monica Boulevard resurfacing -recommendation to
BOULEVARD authorize the City Manager to negotiate and execute Contract No. 9118
RESURFACING (CCS) with~ilvla Construction, in the amount of $1,244,479, for
construction of the project; and Contract No. 9119 (CCS) with Tetra
Tech, in the amount of $124,450, for construction management services
for the project, was approved.
ASSET MANAGEMENT 1-F: Asset Management Plan for the water and wastewater
PLAN systems -recommendation to authorize the City Manager to negotiate
and execute Contract No. 9120 (CCS) with GHD, Inc., in the amount of
$625,164, for professional services to prepare a Linear Asset Manage-
ment Plan for the water and wastewater systems, was approved.
HOMELESS. 1-G: HomelessManagemenYInformationSystem-recommendation
MANAGEMENT to authorize the City Manager to negotiate and execute an amendment to
INFORMATION SYSTEM Contract No. 8903 (CCS) with Bowman Systems, for an amount not to
exceed $169,270, to include additional system administration support
costs; and an amendment to Contract No. 8407 (CCS) with Chris Former,
to an amount not to exceed $93,100, to administer the ClientTrack data
management system, was approved.
HOMELESSNESS 1-H: Homelessness prevention and rapid re-housing program -
September 22, 2009
PREVENTION recommendation to authorize the City Manager to negotiate and execute
Contract No..9I21 (CCS) with St. Joseph's Center, in the amount of
$530,576, to provide case management, housing and financial assistance,
data collection and administration services related to the implementation
of the Rapid Re-Housing program, was approved.
I-I: Resolution No. 10427 (CCS) entitled: "A RESOLUTION OF
CRIMINAL BACK- THE CITY COUNCIL OF THE CITY OF SANTA MONICA
GROUND CHECKS ESTABLISHING THE NEED FOR RECEIVING FEDERAL BUREAU
OF INVESTIGATION CRIMINAL BACKGROUND CHECKS," was
adopted.
APPROPRIATION OF 1-J: Appropriation of State Citizens' Option for Public Safety
FUNDING (COPS) Funding - recommendation to approve appropriation of funds
in the amount of $100,000 of 2008 State COPS funding and $11,644.45
of related interest earnings, was approved.
CUSTODIAL SERVICES 1-C: Extension of custodial services purchase order-
recommendation to approve an extension in the estimated amount of
Councilmember Shriven $176,157 to purchase order with L.A. Cha Maintenance Company, for
arrived at 6.•10 p.m. services at the Public Safety Facility through June 30, 2010, or until a
formal bid is awazded, was presented.
Councilmember Davis advised she removed this item from the Consent
Calendar to request that when staff returns to Council with the responses
to the RFP; there be a comparison of the cost between hiring city
employees to do the work and contracting it out, including benefits
provided to both groups, the history of bidders and quality of work.
Motion by Councilmember Davis, to approve recommendation with the
above direction to staff.
Mayor Genser suggested that the analysis should return to Council prior
to staff issuing the RFP so Council may decide whether the RFP should
be issued. Councilmember Davis accepted the suggestion as a friendly
amendment. Mayor Genser seconded the motion, as amended. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSTAIN: Councilmember Shriven
ABSENT: None
September 22, 2009
CITY HALL ELECTRIC 1-D: City Hall electric room addition - recommendation to authorize ,
ROOM the City Manager to negotiate and execute Contract No. 9117 (CCS) with
Gonzalez Construction, in the amount of $500,000, for construction of an
electric room, was presented.
Councilmember Bloom advised he removed this item from the Consent
Calendar to ask staff for more information regazding the selection of the
bidder and for a reply to the concerns expressed by a member of the
public: Staff provided information to Council on the factors considered
when awarding the bid.
Motion by Councilmember Bloom, seconded by Councilmember Davis;
to approve recommendation. The motion was approved by the following
vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: None
CLOSED SESSIONS: Members of the public Joey Fullmer and Brian H. commented on various
litigation cases.
On order of the Mayor, the City Council recessed at 6:23 p.m, to
consider closed sessions and returned at 7:58 p.m., with all members
present, to report the following action taken:
2-A: Conference with Real Property Negotiator
Property: 2909 Exposition BoulevardCity
Negotiator: Andy Agle, Dir., Housing & Economic
Development
Under Negotiation: Interest in Real Property
Owners of Record: Verizon Communications, Santa Monica
Community College District
ACTION: Heard. No reportable action taken.
2-B: Conference with Real Property Negotiator
Property: 1654 19th Street
City Negotiator: Andy Agle, Director, Housing &
Economic Development
Under Negotiation: Interest in Real Property
Owner of Record: Guntram and Liane Ossa Trust
4 September 22, 2009
ACTION: Heard. No reportable action taken.
2-C: Conference with Real Property Negotiator
Property: 3400 / 3500 Airport Avenue
City Negotiator: Andy Agle, Director, Housing &
Economic Development
Under Negotiation: Interest in Real Property
Owner of Record: City of Santa Monica
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel -Existing Litigation: Chubna
et al. v. Cit~Santa Monica, USDC, Case No. CV09-5046 CBM
fix).
ACTION: Heard. No reportable action taken.
2-E: 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, the former
Gillette Paper Mate facility, 1681 26th Street, Santa Monica, CA.
ACTION: Heard. 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)(1): one case.
ACTION: Heazd. No reportable action taken.
2-G: Conference with- Legal Counsel -Anticipated Litigafion:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(b)(1): Claim by City of Los Angeles Moss
Avenue Coastal Interceptor Sewer System Payments.
ACTION: Heard. No reportable action taken.
2-H: Conference with Legal Counsel -Existing Litigation: Broaeer
et al. v. City of Santa Monica, Los Angeles County Superior Court
Case No. BC 378071.
ACTION: Heard. No reportable action taken.
September 22, 2009
2-I: Conference with Legal Counsel -Existing Litigation:
Martin v. City of Santa Monica, Los Angeles County Superior Court
Case No. SC 098 333.
ACTION: Heard. No reportable action taken.
2-J: Conference with Legal Counsel -Existing Litigation:
Powell v. City of Santa Monica, Los Angeles Superior Court Case
Number SC 098 205.
Motion by Councilmember Holbrook. seconded by Mayor Censer, to
approve settlement in the amount of $1.5 million, $900;000 of which will
be paid bythe City and $600,000 to be paid by the City's Excel pool
coverage. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, McKeown,.
Shriver, Mayor Pro Tem O'Connor, Mayor Censer
NOES: None
ABSENT: None
2-K: Conference with Legal Counsel -Existing Litigation:
I{inslow v. Citv of Santa Monica, Los Angeles Superior Court Case
Number SC 102082.
Motion by Councilmember McKeown. seconded by Councilmember
Davis, to approve settlement in the amount of $47,500. The motion was
approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, McKeown,
Shriver, Mayor Pro Tem O'Connor, Mayor Censer
NOES: None
ABSENT: None
ADMIN. ITEMS: 6-A: Appeals of Planning Commission approval of a variance and
1012 2ND STREET vesting tentative parcel map for 1012 2nd Street -recommendation to
APPEAL deny appeals and uphold the Planning Commission's approval of the
Variance and the Vesting Tentative Parcel Map based on the proposed
fmdings and conditions, was presented.
Councilmember Davis recused herself from this item due to a conflict of
interest, as she was a member of the Planning Commission when the case
was heard and approved.
6 September 22, 2009
Robert Glushon, representing a coalition of appellant residents, Appellant
Scott Taylor representing himself, and Diane Defilice representing
Appellant David Green, spoke in support of the appeals.
At 8:47 p.m., due to technical difficulties with the projector, under
advisement from the City Attorney, the following motion was made.
CHANGE IN ORDER OF Motion by Mayor Genser, duly seconded, to suspend this matter and
THE AGENDA consider other items, and return to it as quickly as possible once the
technical problems are resolved. The motion was unanimously approved
by voice vote.
ORDINANCES: 7-A: Second reading and adoption of interim Ordinance No. 2295
DEVELOPMENT (CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY
STANDARDS COUNCIL OF THE CITY OF SANTA MONICA TO MODIFY
PROPERTY DEVELOPMENT STANDARDS IN THE OP-4 OCEAN
PARK MULTIPLE RESIDENTIAL DISTRICT RELATING TO
SiDEYARD SETBACK AND OPEN SPACE REQUIREMENTS," was
presented.
Motion by Councilmember McKeown, seconded by Ma~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, McKeown, Shriver
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSTAIN: Councilmember Davis
COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions
ANNUAL APPTS.
Board/Commission No. of Appts. Terms Endine
Accessibility Appeals Board
06/30/2013
On order of the Mayor, this matter was continued to October 13; 2009.
Comm. for the Senior Community 1 06/30/2013
The Mayor opened the floor for nominations.
Councilmember McKeown nominated Barry Seid. There being no other
nominations, Mr. Seid was re-appointed to the vacancy by acclamation
with al] members present.
September 22, 2009
Personnel Board 1 06/30/2014
On order of the Mayor, this. matter was continued to October 13, 2009.
EMERITUS VACANCY 13-E: Request from Joel Greenberg to be appointed to Emeritus
vacancy-on the Commission for the Senior Community for a term
ending on June 30, 2011..
Motion by Councilmember Bloom, seconded by Mayor Genser, to
appoint Joel Greenberg. There being no other nominations, Mr.
Greenberg.was appointed to the Emeritus vacancy by acclamation, with
all members present.
UNSCHEDULED 13-B: Appointment to one unscheduled vacancy to the Planning
VACANCIES Commission for a-term ending on June 30, 2011.
The Mayor opened the floor for nominations.
Councilmember McKeown nominated Jason Parry. There being no other
nominations, Mr. Parry was appointed to the vacancy by acclamation,
with all members present.
1012 2ND STREET On order of the Mayor, technical difficulties having been corrected,
APPEAL (CONT'D) consideration of Item 6-A was resumed.
6-A: Appeals of Planning Commission approval of a variance and
vesting tentative parcel map for 1012 2nd Street -recommendation to
deny appeals and uphold the Planning Commission's approval of the.
Vaziance and the Vesting Tentative Parcel Map based on the proposed
findings and conditions
Ken Kutcher, Howard Lachs, and Robert Chattle, representing the
applicant, spoke in opposition of the appeal and in support of the project.
Hank Honig, representing the Planning Commission, spoke in support of
the project and in opposition to the appeal. Ruthann Lehrer, representing
the Landmarks Commission spoke in support of the project and in
opposition to the appeal.
Members of the public Bruce Cameron and Michael Klein spoke in
support of the project and opposition to the appeal.
September 22, 2009
Members of the public, Michael Regalbuto, Dominique LaPage, Ron
Burkhazdt; Linday Sypien, Elizabeth J. Carlisle, Jack Sinder, Rita Sinder,
Shani Haller, and Brian Hutchings spoke in support of the appeal and in
opposition to the project.
Motion b~yor Geneer, seconded by Councihnember Bloom, to deny
the three appeals, uphold the findings and modify the finding proposed by
Applicant as follows: "In addition to the other findings adopted in
support of granting this vaziance the granting of this variance is essential
and desirable to the public convenience and welfaze and is not in conflict
with the General Plan nor material, detrimental or injurious to property or
improvements inthe general vicinity of the zoning district in which the
property is located. The granting of this variance will facilitate the
retention and rehabilitation of an officially designated City Landmazk by
accommodating a viable housing project that incorporates and achieves
rehabilitation of that City Landmark as well as the developrrlent of new
housing units with subterranean parking and other desirable amenities.
The proposed project is less than allowable density, is no taller than
several buildings in the immediate azea, and is less floor area than could
be proposed were the one-story cottage not being retained on site. The
siting scale, proportions and massing of the new construction aze
designed to be compatible with the existing landmazked cottage and with
the surrounding neighborhoods. The proposed increased building heights
do not overshadow adjacent residential properties (43'8" where a
maximum 40 inches is permitted in the R3 District). More specifically,
the site is adjacent to multi-story buildings in all directions. The
adjacent multi-family to the south is 45 feet in height; the adjacent
building to the north is 38'6" in height; and the south building directly
across the alley is 51'10" in height. The general streetscape along 2"a
Street between California and Washington Avenues primarily consists of
an eclectic mix of two to four-story post-World War II (WWII) multi-
family buildings with little building articulation and limited front side
and reaz yazd setbacks compazed to today's development standards.
According to the City planning staff review of the building permits, of
the 19 parcels on the block, only fourpazcels developed before WWII
remain, including the subject property. Fifteen of the 19 parcels were
developed after WWII. The proposed project protects and rehabilitates
the landmark cottage located neaz the street frontage. This will serve to
help preserve a part of the neighborhood's character and also provide a
visual representation of the early history and development of Santa
Monica's original town site. The design of the new construction
incorporates stepbacks on the primary and secondary elevations in order
to highlight the existing landmazked cottage rather than visually compete
with it. The new construction incorporates a primary roof form and
9 September 22, 2009
architectural details at each floor that exhibit a broad horizontality that
reflects the characteristics of the existing landmark. The portions of the
balconies at the 2"d and 3rd stories also appropriately interpret the scale
and location of the recessed front porch entry, a key feature of the
landmarked cottage. Finally the proposed project is consistent with the
high density housing General Plan land use classification for the area.
With the exception of the specific relief addressed by this variance, and
the exemption from the construction rate program for projects involving
retention and rehabilitation of historic landmarks, the project will be
subject to all of the normal development standards for new construction."
Substitute motion by Councilmember McKeown, seconded by
Councilmember Shriver, to approve staff recommendation.
Considerable discussion ensued after which the substitute motion was
withdrawn.
_T~ main motion, as amended, was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, McKeown, Shriver
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Davis
MARATHON ROUTE 7-B: Introduction and first reading of an ordinance to establish a
new marathon route segment and parameters for authorizing and
conducting a marathon using the route; approval of modifications to
the extended Event Policy to include large scale, single-day
commercial events in the 15501ot; and authorize the City. Manager
to negotiate and execute all necessary permits and license agreements
for the 2010 LA Marathon, was presented.
Member of the public Jerry Rubin spoke in support of the
recommendation.
Motion by Councilmember McKeown, seconded by Councilmember
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 Bloom, Holbrook, Davis, McKeown,
Shriver, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
10 September 22, 2009
Motion by Councilmember Holbrook, seconded b~Councilmember
Davis, to approve modifications to the extended Event Policy.
AYES: Councilmembers Bloom, Holbrook, Davis, McKeown,
Shriver, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
Motion by Councilmember McKeown, seconded by Mayor Genser, to
authorize the City Manager to negotiate and execute all necessary license
agreements.
AYES: Councilmembers Bloom, Holbrook; Davis, McKeown,
Shriver, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
City Attorney Marsha Moutrie clarified, for the record, that permits aze
not negotiated and aze issued pursuant to law and regulation, thus the
City Manager will be negotiating a license agreement or a contract.
FORTIJNETELLING 7-C: Introduction and first reading of ordinance amending the
Municipal Code to allow fortunetelling as a permitted use on Ocean
Front Walk within the RVC District and on Lincoln and Santa
Monica Boulevards in the C4 District, was presented.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem
O'Connor, 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 Bloom, Holbrook, Davis, McKeown,
Shriver, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
STAFF ITEMS: 8-A: Publiclprivate partnership for use and programming of the
SANTA MONICA CIVIC Santa Monica Civic Auditorium -recommendation to authorize the
AUDITORIi1M City Manager to negotiate Agreement No. 9124 (CCS) with the
PARTNERSHIP Nederlander Organization for the use and programming of the Civic
Auditorium; and approve key negotiating parameters for the agreement,
Councilmember Shriver was was presented.
excused at 11:17 p. m.
11 September 22, 2009
Councilmember Shriver recused himself from participating in this matter
due to a conflict of interest because of his personal relationship with a
principal ofthe-company.
Members of the public Jerry Rubin and Walter Meyer spoke in support of
the recommendation.
Motion by Councilmember Bloom, seconded by Councilmember
McKeown, to approve recommendation with all the negotiating
pazameters on page 4 of the staff report, and add a parameter that by
these negotiations staff endeavor to eliminate the general fund subsidy, or
preferably create positive cash flow.. Staff was also directed to take into
consideration all the related comments made by Councilmembers during
deliberations. 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
DECLAWING 13-C: Request of Councilmembers McKeown and Davis that
Council direct staff to prepare an ordinance restricting the practice
of amputating the toes of animals, euphemistically called
"declawing," and return with such ordinance in time that it can take
effect no later than December 31, 2009, after which date local
jurisdictions' authority in such matters will be usurped by a pending
state law, was presented:
Members of the public Arrnaiti May, Jerry Rubin, Christi Metropole,
Taimie Bryant, Jim Jensvold, Jennifer Conrad, Willow Evans, Kenneth
Jones, Dhun May, Andre Mazcellous and Ruth Olafsdottir spoke in
support of the request.
Member of the public Mark Nunez spoke in opposition to the request.
Motion by Councilmember McKeown. seconded by Councilmember
Davis, to approve the request to prepare an ordinance, including an
exception for those. cases where the procedure is demonstrated to be in
direct therapeutic interest of the animal. The motion was approved by the
following vote:
12 September 22, 2009
AYES: Councilmembers McKeown, Davis, Holbrook, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: Councilmember Bloom
ABSENT: Councilmember Shriver
URBAN FOREST TASK 13-D: Initial appointment of sevenmembers to the to the Santa
FORCE Monica Urban Forest Task Force.
Members of the public Brian Hutchings and Jerry Rubin commented on
the proposed task force.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Angie Coyier for one seat. There
being no other nominations; Ms. Coyier was appointed by acclamation
with all members present.
On order of the Mayor, Councilmembers were invited to nominate as
many candidates as necessary to fill the remaining six seats.
Councilmember Holbrook nominated Peter Jensen.
Councilmember McKeown nominated Susan McCarthy; Doris Sosin and
Linda Piera-Avila.
Councilmember Davis nominated Grace Phillips.
Councilmember Bloom nominated Tom Cleys and Judy Abdo.
Mayor Genser nominated Bryan Varnum.
By a roll call, in addition to Angie Coyier, Judy Abdo, Peter Jensen,
Susan McCarthy, Grace Phillips, Linda Piera-Avila and Doris Sosin were
appointed by the following vote:
Jensen: Councilmembers Davis, Holbrook, Bloom, Mayor Pro
Tem O'Connor
McCarthy: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
Phillips: Councilmembers McKeown, Davis Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
Sosin: Councilmembers McKeown, Davis, Bloom, Mayor
Genser
13 September 22, 2009
Piera-Avila: Councihnembers McKeown, Davis, Mayor Pro Tem
O'Connor, Mayor Genser
Cleys: Councilmember Bloom, Mayor Pro Tem O'Connor,
Mayor Genser
Abdo: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
Varnum: Councilmembers McKeown, Holbrook, Mayor Genser
After the vote, Councilmember Bloom proposed that all seven members
be appointed by acclamation. Councilmembers being in agreement,
appointed all seven members by acclamation, with Councilmember
Shriver absent.
PUBLIC INPUT: Member of the public Mary Catalano expressed concerns regarding the
regulations allowing exhibits of animals at the 3`d Street Promenade.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:34
a.m. in memory of Michael Rosenthal.
ATTEST: A ROVED:
Maria M. Stewart Ken Genser
City Clerk Mayor
14 September 22, 2009