M-101309CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 13, 2009
A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:53
p.m., on Tuesday, October 13, 2009, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tem Pam O'Connor (arrived at 6:21 p.m.)
Councilmember Richazd Bloom
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Bobby Shriver (arrived at 6:40 p.m.)
Absent: Councilmember Gleam Davis
Also Present: City Manager P. Lamont Ewell
City Attorney Mazsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:53 p.m., with
Councilmembers Davis, Shriver and Mayor Pro Tem O'Connor
absent. Denise Anderson-Warren, Acting 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.
Member of the public, Joey Fullmer, commented on various Consent
Calendar items.
At the request of Mayor Genser, Item 1-E was removed from the Consent
Calendar for consideration at a later time when there is another
Councilmember present because it requires five votes.
At the request of Councilmember McKeown, Item 1-F was removed from
the ConsenYCalendaz.
October 13, 2009
Motion by Councilmember Holbrook, seconded by Councilmember
Bloom, to approve all items on the Consent Calendar as presented except ',
Items 1-E and 1-F, reading resolutions by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Holbrook, Bloom, Mayor
Genser
NOES: None
ABSENT: Councilmembers Davis, Shriver, Mayor Pro Tem
O'Connor
MINUTES 1-A: The minutes of the September 22, 2009, regular City Council
meeting, and the September 22, 2009, Special City Council meeting were
approved as submitted.
MOUNTAIN VIEW 1-B: Mountain View Mobile Home Park underground electrical
MOBILE HOME PARK system -recommendation to adopt Resolution No. 10428 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE RULE 15
AGREEMENT NO. 9127 (CCS) WITH SOUTHERN CALIFORNIA
EDISON FOR CONSTRUCTION AND MAINTENANCE OF NEW
UNDERGROUND ELECTRICAL FACILITIES AT MOUNTAIN
VIEW MOBILE HOME PARK," was approved.
CIVIC CENTER 1-C: Civic Center Site Survey services -recommendation to
PROJECTS authorize the City Manager to negotiate and execute Contract No. 9128
(CCS) with Mid-Valley Engineering, in the amount of $67,350 for a total
of $133,760, for site preparation for upcoming projects, was approved.
BBB SHORT RANGE 1-D: BBB Short Range Transit Plan and applications for funds -
TRANSIT PLAN recommendation adopt Resoluticn No. 10429 (CCS) authorizing the City
Manager to file the FY 2010-2012 Short Range Transit Plan with the
L.A. County Metropolitan Transportation Authority; and to submit grant
applications, and to execute grant agreements and related documents in
furtherance of the plan, was approved.
FIRE STATION 1-G: Recision of purchase of Fire Station Alerting System and
ALERTING SYSTEM purchase from different vendor -recommendation to rescind past
approval of the purchase of a Fire Station Alerting System from
Westnet, and instead authorize the City Manager to negotiate and
execute Contract No. 9130 (CCS) with Advanced Electronics, in the
amount of $153,553, for purchase of the system, was approved.
October 13, 2009
CORPORATE YARD 1-F: Corporate Yard Master Plan Design -recommendation to
MASTER PLAN authorize the City Manager to negotiate and execute Contract No. 9129
(CCS) with RNL Interplan, Inc., in the amount of $230,000, for design
services of the Corporate Yard Master Plan, was presented.
Councilmember McKeown advised he removed this item from the
Consent Calendaz to inquire whether there will be reports from the
consultant regarding environmental concerns. Staff answered questions
and provided additional information.
Motion by Councilmember McKeown. seconded by Mavor Genser, to
approve recommendation. The motion was approved by the following
vote:
AYES: Councilmembers McKeown, Holbrook, Bloom, Mayor
Genser
NOES: None
ABSENT: Councilmembers Davis, Shriver, Mayor Pro Tem
O'Connor
CLOSED SESSIONS: Members of the public Denise Barton and Pro Se commented on various
litigation cases.
Mayor Pro Tem O'Connor
arrived at 6:20 p.m. On order of the Mayor, the City Council recessed at 6:20 p.m., to
consider closed sessions and returned at 8:00 p.m., with Councilmember
Councilmember Shriver Davis absent, to report the following action taken:
arrived at 6: 40 p. m.
2-A: Public Employee Evaluations.
Title of Employees: City Clerk
ACTION: Heard.
2-B: Conference with Labor Negotiator to discuss compensation.
Unrepresented Employees: City Clerk
Motion by Mayor Genser, seconded by Councilmember Holbrook, to
awazd the City Clerk a 10% bonus for performance during FY 2007-
2008. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Davis
October 13, 2009
Motion by Mayor Genser, seconded by Mavor Pro Tem O'Connor, to
award the City Clerk five additional paid days off for performance
during FY 2008-2009. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Shriver, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Davis
2-C: Conference with Legal Counsel -Existing Litigation:
Chubna et al. v. City Santa Monica, USDC, Case No. CV09-5046
CBM (Ex).
ACTION: Not Heard.
2-D: 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: Not Heard.
2-E: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9 (b)(1): one case.
ACTION: Not Heard
2-F: Conference with Legal Counsel -Anticipated Litigation:
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: Not Heard.
2-G: Conference with Legal Counsel -Existing Litigation: Martin
v. City of Santa Monica, Los Angeles County Superior Court Case
No. SC 098 333.
Motion by Councilmember McKeown, seconded by Councilmember
Bloom, to approve Settlement No. 9131 (CCS) in the amount of
$35,000. The motion was approved by the following vote:
4 October 13, 2009
AYES: Councilmembers Bloom, Holbrook, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: Councilmember Davis
2-H: Conference with Legal Counsel -Existing Litigation: Powell
v. City of Santa Monica, Los Angeles Superior Court Case Number
SC 098 205.
The City Attorney advised that the settlement approved on September
22, 2009, for this case that was contingent on the City's insurer Excel
paying a portion of the settlement, was completed.
2-I: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9 (b)(1):
BOA Restaurant, 101 Santa Monica Blvd., Case Number BS-08-
com1780 (Administrative Proceeding) and Makai Restaurant, 101
Broadway, Case Number BS-09COM0078 (Administrative
Proceeding).
ACTION: Heard. No reportable action taken.
2-J: Conference wit
Property:
City Negotiator:
Under Negotiation:
Owners of Record:
h Real Property Negotiator
2909 Exposition Boulevard
Andy Agle, Dir., Housing & Economic
Development
Interest in Real Property
Verizon Communications, Santa Monica
Community College District
ACTION: Heard. No reportable action taken.
TRAFFIC SAFETY There being six Councilmembers present, on order of the Mayor, Item 1-
GRANT FUNDS E was considered.
1-E: Appropriation of Grant Funds from the University of
California Berkeley Traffic Safety Center -recommendation to: 1)
authorize the City Manager to accept a no match grant in the amount of
$22,270 from the University of California Berkeley Traffic Safety
Center in support of the "Click It or Ticket Mini-Grant" Program; and 2)
approve proposed budgetary changes, was presented.
October 13, 2009
Motion by Councilmember McKeown. seconded by Councilmember
Holbrook, to approve recommendation. The motion was approved by
the following vote:
AYES: Councilmembers McKeown, Holbrook, Bloom, Mayor
Pro Tem O'Connor, Mayor Genser
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: Councilmember Davis
STUDY SESSION: 3-A: Study Session on possible modifications to street
STREET performance regulations - recommendation to hold a public hearing
PERFORMANCE and consider whether or not to modify Municipal Code Section
REGULATIONS provisions governing street performance, including Section
6.112.030(b), which requires a permit to perform on the Third Street
Promenade, the Pier, the Transit Mall and City sidewalks, was
presented.
The following members of the public spoke in support of continued
permits and/or rules and regulations for street performers: Mark
Michalski, Brian Hutchings, Deneb D, Vadim Brunell, Eda Jace,
Stephen Bradford, Walt Davis, Jude Brown, Gary Leibowitz, Pete
McComie, Bill Tucher, Ben Franz Knight, Paul R. Dale, Alula Tzadic
and Jerry Rubin.
Members of the public Vincent Garofolo, Joy Fullmer and M. Ross
commented on various aspects of the report.
Member of the public Stewart Lamle commented on existing related
litigation.
Motion by Mavor Genser, seconded by Councilmember McKeown, to
direct staff to narrow the ordinance by eliminating the requirements fox
permits on other than the Transit Mall, the Promenade and the Pier, with
appropriate findings including findings related to public safety. The
motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Shriver, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Davis
October 13, 2009
SPECIAL AGENDA 4-A: A proclamation declaring October 2009 Disabilities
ITEMS: Awareness Month in the City of Santa Monica, was issued by Mayor
PROCLAMATION Genser.
The proclamation was accepted by Disabilities Commission Members
T.J. Hill and Sheila Findley.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2296 (CCS)
MARATHON ROUTE entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SECTION 4.68.160 OF THE
SANTA MONICA MUNICIPAL CODE TO ESTABLISH A NEW
MARATHON ROUTE SEGMENT AND THE PARAMETERS FOR
AUTHORIZING AND CONDUCTING A MARATHON UTILIZING
THIS MARATHON ROUTE SEGMENT," was presented.
Motion by Councilmember McKeown. 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, McKeown, Shriver,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Davis
FORTUNETELLING 7-B: Second reading and adoption of Ordinance No. 2297 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 6.14.040(d) TO ALLOW FORTUNE
TELLING AS A PERMITTED USE ON OCEAN FRONT WALK
WITHIN THE RVC DISTRICT AND ON LINCOLN BOULEVARD
AND SANTA MONICA BOULEVARD IN THE C4 DISTRICT," was
presented.
Motion by Councilmember Holbrook. seconded by Mavor 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
ABSENT: Councilmember Davis
October 13, 2009
DRIVEWAYS REQUIRED 7-C: Introduction and first reading of an ordinance amending
Sections 9.04.10.02.090, 9.04.10.08.070, 9.04.10.08.100, and
9.04.10.08.190 related to the number and type of driveways required
for parking lots and structures with more than 40 spaces, hazardous
visual obstruction mitigations, allowable number of parking
maneuvers, parking access in all districts, and garage door width in
the front one-half of parcels, was presented.
Members of the public Brian Hutchings and Catherine Eldridge
commented on the proposed ordinance.
Motion by Councihnember McKeown. seconded by Councilmember
Bloom, 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, McKeown, Shriver,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Davis
STAFF ITEMS: 8-A: Feasibility of Potential Sites for Public Safety Storage
PUBLIC SAFETY Facilities -recommendation to provide input and direction on proposed
STORAGE FACILITIES sites for Public Safety Storage Facilities, was presented.
There was no one present for public comment.
Motion by Mayor Genser, seconded by Councilmember McKeown, to
take off the table the 5"' and Arizona site and the Fisher Lumber site; to
look at the possibility of placing the facility in the City Yards; and to
have staff explore dividing the project into smaller units if it makes
sense; and to bring back a design and site plan to see how it's going to
impact and fit into the neighborhood.
Motion to amend by Councilmember Richard, to include in the
forthcoming report a summary discussion of the reasons for rejected
sites. The motion was accepted as friendly by the maker and seconder.
The motion, as amended, was unanimously approved by voice vote, with
Councilmember Davis absent.
October 13, 2009
BOARDS AND 10-A: Request from the Santa Monica Pier Restoration
COMMISSIONS: Corporation that Council consider extending the interim use of 1680
EXTENSION OF Main Street for temporary parking for a period of six to twelve
TEMPORARY PARHING months commencing January 15, 2010, was presented.
Member of the public Joey Fullmer commented on the request.
Motion by Councilmember Bloom, seconded by Councilmember
McKeown, to direct staff to explore future short-term utilization of that
lot and report back to Council with all relevant information. The motion
was approved by voice vote with Councilmember Holbrook voting in
opposition and Councilmember Davis absent.
COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions
ANNUAL APPTS.
Board/Commission No. of Appts. Terms Endine
Accessibility Appeals Board 2 06/30/2013
Personnel Board 1 06/30/2014
On order of the Mayor, this item was continued to October 27, 2009.
VOTING DELEGATE 13-B: Designation of voting delegate and alternate for the National
FOR NATIONAL League of Cities Annual Business Meeting to be held on November
LEAGUE CONFERENCE 14, 2009, in San Antonio, Texas, was presented.
Motion by Councilmember McKeown, seconded by Mayor Genser, to
designate Mayor Pro Tem O'Connor as the voting delegate and
Councilmember Bloom as the alternate. The motion was unanimously
approved by voice vote, with Councilmember Davis absent.
RESIGNATION 13-C: Recommendation to accept Jason Parry's resignation from
the Housing Commission and authorize the City Clerk to publish
the vacancy, was presented.
Motion by Councilmember McKeown, seconded by Mavor Genser, to
approve recommendation, with regrets. The motion, as amended, was
unanimously approved by voice vote, with Councilmember Davis
absent.
PUBLIC INPUT: Members of the public Denise Barton, Pro Se, M. Ross, Brian
Hutchings, Art Casillas and Cris Gutierrez discussed various local
topics.
October 13, 2009
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 9:58
p.m., in memory of Trenholm Lowell Brownley and Mona Gandara ',
McGrath.
ATTEST:
~~ ~
Maria M. Stewart
City Clerk
APPROVED:
~~~~
en Genser
Mayor
10 October 13, 2009