M-102709CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 27, 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 27, 2009, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tem Pam O'Connor (arrived at 6:20 p.m.)
Councilmember Richard Bloom
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Bobby Shriver (arrived at 7:00 p.m.)
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
Councihnember Shriver and Mayor Pro Tem O'Connor absent.
Councilmember McKeown 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 Councilmember Davis, Item I-H was removed from the
Consent Calendar
Motion by Councilmember McKeown, seconded by Councilmember
Davis , to approve all items on the Consent Calendar as presented except
Item 1-H, reading resolutions by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
October 27, 2009
Mayor Genser
NOES: None
ABSENT: Councilmember Shriver, Mayor Pro Tem O'Connor
MINUTES 1-A: The minutes of the October 13, 2009, regular City Council
meeting were approved as submitted.
GRANT FUNDS 1-B: State Homeland Security Grant Funds -recommendation to
authorize the City Manager to execute grant Agreement Nos. 9133 (CCS)
and 9134 (CCS), to accept no match FY2008 State Homeland Security
Grant Program and 2008 Urban Area Security Initiative grant funds;
authorize proposed appropriation of funds; and establish revenue
accounts for receipt reimbursements, was approved.
MILLS ACT 1-C: Mills Act Contracts at 514 Palisades Avenue, 2219 Ocean
CONTRACTS Avenue, 405 Palisades Avenue, 236 Adelaide Drive and 3018 Third
Street; and, an amendment to an existing Mills Act Contract at 2612
Third Street -recommendation to adopt Resolution Nos. 10430 (CCS)
through 10435 (CCS) authorizing the City Manager to negotiate and
execute Historic Property Preservation Agreement Nos. 9135 (CCS)
through 9139 (CCS) (Mills Act Contracts) between the City of Santa
Monica and the property owners of four designated City Landmarks at
514 Palisades Avenue, 2219 Ocean Avenue, 405 Palisades Avenue and
236 Adelaide Drive, one Structure of Merit at 3018 Third Street and an
amendment to an existing Mills Act Contract No. 8173 (CCS) for a
Contributing Structure in the Third Street Neighborhood Historic District
located at 2617 Third Street, was approved.
TEMPORARY SERVICES 1-D: Staffing Services with Temporary Staffing Agencies -
recommendation to authorize the Finance Department's Purchasing
Section to issue purchase orders for staffing services with temporary
staffmg agencies, was approved.
TRAFFIC MANAGE- 1-E: Advanced Traffic Management System Project -
MENT SYSTEM recommendation to authorize the City Manager to negotiate and execute
Contract No. 9140 (CCS) with Iteris, Inc. for an amount not to exceed
$320,000, to provide project design services for the preparation of plans,
specifications and estimates for the installation of the communication
infrastructure for the Advanced Traffic Management System, Phases 4a
and 4b (ATMS-4ab), was approved.
SANTA MONICA 1-F: Stimulus funded Santa Monica Boulevard Resurfacing Phase ',
2 October 27, 2009
BOULEVARD 2 - recommendation to authorize the City Manager to negotiate and
RESURFACING execute Contract No. 9141 (CCS) with All American Asphalt, in the
amount of $613,307; construction management Agreement No. 9142
(CCS) with Tetra Tech in the amount of $61,000; and authorize budget
changes to establish budget in revenue account and appropriate funding
in capital project expenditure account, was approved.
CITY HALL RETROFIT 1-G: City Hall Seismic Retrofit and Jail Tenant Improvement and
PROJECT New Data Center Projects -recommendation to authorize the City
Manager to negotiate and execute: Contract No. 9143 (CCS) with West
Valley Investment Group, Inc., in the amount of $3,834,325, for the City
Hall Seismic Retrofit and Jail Tenant Improvement (TI); a ninth
modification to Contract No. 8529 (CCS) with Black and Veatch for the
City Hall Seismic Retrofit Project in the amount of $580,429 for a
revised contract total of $2,783,048; a seventh modification to Contract
No. 8725 (CCS) with Black and Veatch for the HVAC Replacement
Project for $55,938 for a revised contract total of $461,453; and
Design/Build Contract No. 9144 (CCS) with Data Specialties, Inc., in the
amount of $727,504 for the new City Hall Data Center, was approved.
SALE OF STATE 1-I: Sale of City's FY2009-10 Property Tax Receivable from the
PROPERTY TAX State -recommendation to adopt Resolution No. 10436 (CCS) entitled
"A RESOLUTION APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF
PURCHASE AND SALE AGREEMENT NO.9145 (CCS) AND
RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE
SELLER'S PROPOSITION lA RECEIVABLE FROM THE STATE;
AND DIRECTING AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH," was approved.
COUNSEL SERVICES 1-J: Bond Counsel Services -recommendation to authorize the City
Manager to negotiate and execute Agreement No. 9146 (CCS) with
Stradling, Yocca, Carlson, and Rauth, in the amount of $80,000 for a
total of $150,000, for legal services related to the issuance of debt
financing by the City, was approved.
INSURANCE PREMIUMS 1-K: Annual Premiums to Prudential Insurance Company of
America for Employee Insurances -recommendation to approve
payment of annual premiums for the City's group life and long-term
disability insurance plan with Prudential Insurance Company of America
was, approved.
1012 2~ STREET 1-H: Statement of Official Action taken for appeals related to
October 27, 2009
property located at 1012 2°d Street - recommendation to approve
Statement of Official Action denying Appeals 09APP-004, 09APP-005,
and 09APP-006 and upholding the decision of the Planning Commission
to approve Vaziance and Vesting Tentative Pazcel Map to allow the
construction of afour-unit condominium project at 1012 Second Street,
was presented.
Councilmember Davis advised that she removed this item from the
Consent Calendar in order to abstain from the vote because she heard
this matter while sitting on the Planning Commission.
Motion by Councilmember McKeown, seconded by Mayor Genser, to
approve recommendation. The motion was approved by the following
vote:
AYES: Councihnembers McKeown, Holbrook, Bloom,
Mayor Genser
NOES: None
ABSTAIN: Councilmember Davis
ABSENT: Councihnember Shriver, Mayor Pro Tem O'Connor
CLOSED SESSIONS: Member of the public Denise Barton 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 6:12 p.m., to
consider closed sessions and returned at 7:39 p.m., to report the
Councilmember Shriver following action taken:
arrived at 7: 00 p. m.
2-A: Public Employee Appointment.
Title: City Manager
ACTION: Heazd. No reportable action taken.
2-B: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9
(b)(1): Makai Restaurant, 101 Broadway, Case Number BS-
09COM0078 (Administrative Proceeding).
ACTION: Not Heard.
2-C: Anticipated Litigation: Initiation of Litigation pursuant to
October 27, 2009
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-D: 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.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2298 (CCS)
DRIVEWAYS; entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
HAZARDOUS OF SANTA MONICA AMENDING SECTIONS 9.04.10.02.090,
OBSTRUCTIONS 9.04.10.08.070, 9.04.10.08.100, AND 9.04.10.08.190 OF THE SANTA
MONICA MUNICIPAL CODE 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.
Motion by Councilmember McKeown. 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 McKeown, Shriver, Davis, Holbrook,
Bloom, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
7-B: Introduction and first reading of an interim ordinance
DEVELOPMENT extending the interim ordinance that modifies property
STANDARDS development standards in the OP-4 Ocean Park High Multiple
Residential District relating to sideyard setback and open space
requirements until November 10, 2011, was presented.
Member of the public Brian Hutchings commented on the proposed
ordinance.
October 27, 2009
Motion by Councilmember Holbrook. seconded by Councilmember
Davis, 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, Shriver,
McKeown, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
CAT DECLAWING BAN 7-C: Introduction and first reading of an ordinance adding
section 4.04.275 to the Santa Monica Municipal Code banning
onychectomy and flexor tenonectomy (declawing) procedures, was
presented.
The following members of the public spoke in support of the proposed
ordinance: Joey Fullmer, Melvin Ross, Jim Jensvold, Bill Dyer, Jenny
Rubin, Erika Willhite, Taimie Bryant, Leah Allers, Amanda
Cunningham, Brandy Ferdig, Cheryl Couch, Willow Evans, Dr. Armaiti
May, Abby Elliott, Jennifer Conrad, Jackson Galaxy, Dr. Jean Hofve,
Dr. Annie Harvillis, Dr. Ken Jones, Christi Metropole, Dr. Nada Khalaf,
Ruth Olafsdottir, David Harvillis, Cindy Valdes, David Marroquin, and
Jack Walter.
The following members of the public spoke in opposition of the
proposed ordinance: Mark Nunez, Dave Weissman, Ed Boks, and Dr.
Peter Weinstein.
Considerable discussion ensued on the merits of the ordinance and on
the comments made by members of the public.
Motion by Councihnember McKeown. seconded by Councilmember
Davis, to introduce the ordinance amended to reflect City Attorney's
suggestion of adding the phrase "or condemned" to one of the "whereas"
clauses in the ordinance to read: "Whereas, at least twenty-one European
countries have concluded that declawing cats is inhumane and have
therefore banned or condemned the procedure," reading by title only and
waiving further reading thereof.
Motion to amend by Councilmember Bloom. seconded by
Councilmember Shriver; to add to the ordinance two additional
provisions: allow declawing procedures in order to prevent the
abandonment, relinquishment, or euthanasia of a cat, only after the
October 27, 2009
veterinazian provides counseling regazding non-surgical alternatives; and
no licensed medical professional shall offer declawing as part of a
promotional or discounted service, alone or in conjunction with any
other surgical, medical or non-medical procedure. The motion to amend
failed by the following vote:
AYES: Councilmembers Shriver, Bloom
NOES: Councilmembers McKeown, Davis, Holbrook,
Mayor Pro Tem O'Connor, Mayor Genser
ABSENT: None
The main motion, as amended, was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook
Mayor Pro Tem O'Connor, Mayor Genser
NOES: Councilmembers Bloom
ABSENT: None
Councilmember Bloom stated, for the record, that the no vote should not
be interpreted as supporting the unnecessary declawing of cats and that
he believed the motion passed will lead to the unnecessary deaths of cats
through relinquishment and euthanasia and that was why he opposed it.
STAFF ITEMS: 8-A: Exposition Light Rail Phase 2 Maintenance Facility Update -
EXPOSITION LIGHT recommendation to authorize the City Manager to fiuther explore and
RAIL PHASE 2 mitigate the effects of the proposed Exposition Light Rail maintenance
facility including the proposed alternative concept hybrid maintenance
facility site; request the Exposition Construction Authority (Expo) work
with the City to ensure that any environmental impacts associated with
the hybrid concept are fully mitigated; to work with Expo and other
agencies on layout and financial issues associated with the newly
proposed hybrid alternative; to analyze options and work with Expo to
meet applicable relocation needs for SMC; work with SMC on the
identification of property on Airport residual land as replacement
parking; and to work with Expo to develop any necessary agreements
regarding the hybrid site if adopted by the Expo Boazd, and adjust the
final budget for the Expo Phase 2 project as appropriate, was presented.
The following members of the public spoke in opposition to the
proposed project: John Chubbaro, Catherine Eldrige, Christel Anderson,
Ruth Saznofff, Gregg Heacock, Sarah Devine Ponthier, Mazia Loya,
Nina Path, Eleanor Path, Chris McLeod, Zina Josephs, Marcia Zimmer,
Michael Tarbet, and Brian Hutchings.
7 October 27, 2009
The following members of the public spoke in favor of the proposed
project: Jerry Rubin and Darrell Clarke.
Considerable discussion ensued on the proposed location for the facility
and mitigation effects, the comments from members of the public, and
the City's position given-the shifting of plans of including a paint body
shop in the facility by the Expo Boazd.
Motion by Mayor Genser, seconded by Councilmember Davis, to
approve recommendation with direction to staff to: do independent
review of CEQA options and report back to Council; to work diligently
to ensure that a paint and body shop will not be located on the site; work
to have a process that allows meaningful community input into the
design of the yard prior to the matter being considered by the Expo
Board; to understand or get a recommendation from Expo Staff to its
Board what standards of mitigation will be designed in terms of noise,
light, and glare so Council and the public can assess effectiveness of
mitigations before the matter is considered by the Expo Board; to clarify
the expenditure from the City and provide information to compare the
difference in uses to evaluate the impact on the neighborhood and
determine if the expenditure is worthwhile; to provide a comparison of
the original plan's impacts compared to the hybrid site and possible
mitigation measures; ensure that the Expo Authority is committing
sufficient resources to mitigate impacts to the neighborhood; and direct
staff to analyze CEQA needs due to the changes. In addition, legal staff
to do an analysis as soon as possible and return to Council on what
additional CEQA efforts are needed, if any, given the changes/additions
to the plan so that Council may discuss whether to take a position with
the Expo Board on the result of the analysis. The motion was
unanimously approved by voice vote with all members present.
MOTION TO CONTINUE Motion by Mayor Genser, seconded by Councilmember Davis, to
PAST 11:00 P.M. continue with the agenda. The motion was approved by voice vote with
Councilmembers Shriver and Holbrook voting in opposition.
STOREFRONT BICYCLE 8-B: Grant Transfer for Downtown Storefront Bicycle Center -
CENTER recommendation to direct staff to request approval from Metro to apply
Councilmember Bloom was grant funds awarded for a Downtown Storefront Bicycle Center in
excused at 12:11 a. m. Parking Structure 2 to a comparable facility in Santa Monica Place
Parking Structures 7 and 8, was presented.
Councilmember Shriver was
excused at 12:12 a. m. There was no one present for public comment.
October 27, 2009
Councilmember Holbrook Motion by Councilmember McKeown, seconded by Councilmember
was excused at 12.•14 a. m. Danis, to approve recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Davis, Mayor Pro Tem
O'Connor, Mayor Genser
NOES: None
ABSENT: Councihnembers Holbrook, Shriver, Bloom
1654 19r$ STREET 8-C: Acquisition of property at 165419`" Street -recommendation
to authorize the City Manager to exercise the purchase option of Lease
Councilmember Holbrook No. 8947 (CCS) between the City and Guntram and Liane Ossa Trust
returned at 12:16 a. m. for the property located at 1654 19s' Street and to negotiate and execute
the purchase documents relating to the acquisition of the property for
$3.2 million, plus closing costs; and to appropriate $350,000 as
proposed, was presented.
There was no one present for public comment.
Motion by Mayor Pro Tem O'Connor. seconded by Councilmember
McKeown, to approve recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Holbrook, Davis, McKeown, Mayor
Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers Shriver, Bloom
WRITTEN 12-A: Request of Judith Cooper Eton that Council grant a zoning
COMMUNICATIONS: variance or a conditional use permit to operate an herbal and
ZONING VARIANCE holistic medicine pharmacy, was presented by Judith Cooper Eton.
Councilmember Holbrook Members of the public Barry Eton, Harriet Simon and Brian Hutchings
was excused at 12:40 a. m. spoke in support of the request.
After discussion, on order of the Mayor, the information was received
and filed.
13-A: Annual Appointments to Boards and Commissions.
Board/Commission No. of Appts. Terms Ending
Accessibility Appeals Board 2 06/30/2013
Personnel Board 1 06/30/2014
October 27, 2009
On order of the Mayor, the floor was opened for nominations to the
Accessibility Appeals Board.
Mayor Genser nominated Michael Allen Hansel. There being no other
nominations, Mr. Hansel was appointed by acclamation, with
Councihnembers Holbrook, Shriver and Bloom absent.
On order of the Mayor, the second vacancy was continued to the next
meeting.
On order of the Mayor, the floor was opened for nominations to the
Personnel Board.
Councilmember McKeown nominated Eve Brosnahan. There being no
other nominations, Ms. Brosnahan was appointed by acclamation, with
Councilmembers Holbrook, Shriver and Bloom absent.
UNSCHEDULED 13-B: Appointment to one unscheduled vacancy on the Housing
VACANCY Commission for a term ending on June 30, 2012.
Member of the public, and applicant Gregg Heacock, spoke in support
of being nominated.
Councilmember McKeown nominated Anthony Yannatta. There being
no other nominations, Mr. Yannatta was appointed by acclamation, with
Councilmembers Holbrook, Shriver and Bloom absent.
URBAN FOREST TASK 13-C: Recommendation to rescind previous appointment to the
FORCE APPOINTMENT Urban Forest Master Plan Task Force and make new appointment
to vacancy.
Member of the public Brian Hutchings commented on the Task Force
charges.
Motion by Mayor Pro Tem O'Connor. seconded b~Mayor Genser, to
rescind nomination of Angie Coyier. The motion was unanimously
approved by voice vote, with Councihnembers Holbrook, Shriver and
Bloom absent.
Mayor Pro Tem O'Connor nominated Tom Cleys.
Mayor Genser nominated Brian Varnum.
10 October 27. 2009
On a call for the vote neither nominee was appointed:
Cleys: Mayor Pro Tem O'Connor, Councilmember Davis
Varnum: Councilmember McKeown, Mayor Genser
Mayor Genser and Councilmember McKeown requested to change their
votes in favor of Mr. Cleys thereby unanimously appointing Mr. Cleys
to the vacancy with Councilmembers Holbrook, Shriver and Bloom
absent.
A DAY WITHOUT A BAG 13-D: Request of Councilmember McKeown, on behalf of Heal the
Bay, that the Council adopt Resolution No. 10437 (CCS) entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA RECOGNIZING THE THIRD THURSDAY OF
DECEMBER 2009 AS A DAY WITHOUT A BAG THROUGHOUT
THE CITY OF SANTA MONICA," was presented.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to adopt resolution, reading by fitle only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers Shriver, Holbrook, Bloom
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at
12:50 a.m. in memory of Vera Marlene Willis.
TTES~ APPROVED:
~,111~1-~~7'---~°
Maria M. Stewart Ken Genser
City Clerk Mayor
11 October 27, 2009