M-111009CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 1Q 2009
A regulaz meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor
at 5:58 p.m., on Tuesday, November 10, 2009, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pro Tem Pam O'Connor
Councilmember Richard Bloom
Councilmember Gleam Davis (arrived at 6:09 p.m.)
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Bobby Shriver (arrived at 6:30 p.m.)
Absent: Mayor Ken Genser
Also Present: City Manager P. Lamont Ewell
City Attorney Mazsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:58
p.m., with Mayor Genser and Councilmembers Davis and Shriver
absent. Councilmember Holbrook 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 Holbrook, Item 1-H was removed from
the Consent Calendar.
Motion by Councilmember Holbrook, seconded by Councilmember
McKeown, 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, Holbrook, Bloom,
November 10, 2009
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Davis, Shriver, Mayor Geneer
MINUTES 1-A: The minutes of the October 27, 2009, regular City Council
meeting were approved as submitted.
SOFTWARE PURCHASE 1-B: Microsoft software license, upgrades, and tracking services -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 9147 (CCS) with Dell Marketing, in the amount of
$1,279,422, for the purchase of Microsoft software licenses, software
license upgrades, and license tracking services over a period of five
years; and authorize four additional one-year renewal options at an
estimated annual expenditure of $255,885, was approved.
CEMETERY STREET 1-C: Setting of public hearing date for vacating excess public
VACATIONS right-of--way within Woodlawn Cemetery -recommendation to adopt
Resolution No. 10438 (CCS) declaring the City's intention to order
vacation of a portion of excess public right-of--way within the
Woodlawn Cemetery grounds, and setting a public hearing for
December 8, 2009, regarding the proposed vacation, was approved.
SEWER DIVERSION 1-D: Sewer Diversion Maintenance -recommendation to authorize
MAINTENANCE the City Manager to negotiate and execute Contract No. 9148 (CCS)
with General Environmental Management Inc., in the amount of
$300,000, for servicing and cleaning of urban runoff sewer diversions
and treatment systems, was approved.
CIVIC PARHING FOR 1-E: Civic Auditorium Parking Lot and Civic Center Parking
COURTHOUSE Structure use by Los Angeles County -recommendation to authorize
the City Manager to negotiate and execute an amendment to Contract
No. 8602 (CCS) with the County of Los Angeles for 325 parking spaces
in either the Civic Auditorium Parking lot or Civic Center Parking
Structure for $583,599.25 per year for a one year term ending 11/14/10,
with an option to extend the term for a period of 15 additional months,
at a license fee of $751,354.50 for the option term; and approve
modification of operational policies and responsibilities, was approved.
1319 YALE STREET 1-F: Resolutiou No. 10439 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP
NO. 068101 FORA 6-UNIT CONDOMINIUM PROJECT AT 1319
YALE STREET," was approved.
November 10, 2009
3030-3060 NEBRASKA 1-G: Statement of Official Action taken upholding Appeal of
Landmarks Commission Designation of 3030-3060 Nebraska
Avenue as a City Landmark, was approved.
ON-LINE PLAN CHECK 1-I: Implementation of electronic plan check software -
SOFTWARE recommendation to authorize the City Manager to negotiate and execute
Contract No. 9149 (CCS) with AVOLVE Software, in the amount of
$298,000, for the purchase and maintenance of software for online siteM
was approved.
PRICE COSTS FOR 1-H: Cemetery price cost analysis, price adjustments and payment
WOODLAWN plans -recommendation to adopt Resolution No. 10440 (CCS) entitled:
CEMETERY "A RESOLUTION OF THE CITY OF SANTA MONICA REVISING
THE FEE SCHEDULE FOR WOODLAWN CEMETERY SERVICES
Councilmember Davis TO INCREASE FEES FOR INTERMENT PROPERTY,
arrived at 6:09 p. m. ENDOWMENT CARE AND CEMETERY SERVICES, AND
ESTABLISHING PAYMENT PLANS AND DISCOUNTS," was
presented.
Councilmember Holbrook advised that he removed this item from the
Consent Calendar in order to inquire about the proposed increase of
fees. Staff provided information and answered questions of
Councilmembers.
Motion by Councilmember McKeown. seconded by Councilmember
Bloom, to approve recommendation amended to direct staff to review
proposed interest rate and provide information to Council about whether
or not it would be appropriate to adjust it. The motion was approved by
the following vote:
AYES: Councilmembers McKeown, Davis, Bloom, Mayor Pro
Tem O'Connor
NOES: None
ABSTAIN: Councilmember Holbrook
ABSENT: Councilmember Shriver, Mayor Genser
CLOSED SESSIONS: On order of the Mayor Pro Tem, the City Council recessed at 6:23 p.m.,
to consider closed sessions and returned at 7:36 p.m., with Mayor
Councilmember Shriver Genser absent, to report the following action taken:
arrived at 6: 30 p. m.
November 10, 2009
2-A: Conference with Real Property Negotiators
Property: 1800 Stewart Street
City Negotiator: Andy Agle, Director of Housing and
Economic Development
Under Negotiation: Term
Lessee of Record: CF Santa Monica VI, LP
ACTION: Heard. No reportable action taken.
2-B: Conference with Legal Counsel -Anticipated
Litigation: Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9(b)(1): Benevolent and Protective
Order of Elks, Block 16 of the Woodlawn Cemetery.
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation Pursuant to
Government Code Section 54956.9(b): Pier Sign.
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): Makai Restaurant, 101
Broadway, Case Number BS-09COM0078 (Administrative
Proceeding).
ACTION: Heard. No reportable action taken.
2-E: Conference with Legal Counsel -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,
168126th Street, Santa Monica, CA.
Assistant city Attorney Joseph Lawrence recommended Settlement No.
9150 (CCS), for Council consideration. The settlement relates to a
water aquifer chemical contamination on the site where the Paper Mate
Company operated for several years a pen and ink manufacturing plant.
The plant was later purchased by Gillete and Gillette was subsequently
purchased by Proctor & Gamble. The proposed settlement with Gillette
and Proctor & Gamble includes, but is not limited to, receipt by the City
4 November 10, 2009
of $68 million paid over a number of years; Proctor & Gamble
guarantees the performance and payment by Gillete; Gillete will clean-
up the old Paper Mate facility in a significant way; settlement is
contingent upon approval of the Regional Water Quality Control Board,
approval consisting of a modification of an order the Board issued
against Gillette; City will become the owner of property in the vicinity
of the Arcadia Treatment Plant (Wilshire & Bundy).
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember
Shriver, to approve the proposed settlement and authorize the City
Manager to negotiate any ancillary agreements and execute any
agreements or documents. The motion was approved by the following
vote:
AYES: Councilmembers Bloom, Holbrook, Davis, Shriver,
McKeown, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Mayor Genser
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: Not Heard.
2-G: Conference with Legal Counsel -Existing Litigation:
Chubna et al. v. Citv Santa Monica, USDC Case No. CV09-5046
CBM (Ex).
ACTION: Not Heard.
2-H: Conference with Legal Counsel -Existing Litigation: Harris
v. City of Santa Monica. Case Number LASC BC 341 569.
ACTION: Not Heard.
2-I: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9 (b)(1):
Snyder Diamond, 1399 Olympic Blvd., Case Number 07COM-0055
(Administrative Proceeding) and Four Oaks Garage, 1547 7th
Street, Case Number 06COM1408 (Administrative Proceeding).
ACTION: Not Heard.
November 10, 2009
2-J: 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.
CHANGE IN ORDER OF Motion by Mavor Pro Tem O'Connor, seconded by Councilmember
THE AGENDA Davis, to hear Item 3-B first, then 3-C and 3-A at the end.. The motion
was unanimously approved by voice vote, with Mayor Genser absent.
TAXICAB FRANCHISING 3-B: Taxicab Franchising Request for Proposals Evaluation
CRITERIA Factors -recommendation to review and provide feedback on the
taxicab franchise request for proposals (RFP) evaluation criteria and
process, was presented
Louisa Fish, representing the Commission for the Senior Community,
requested that the commission be consulted in regards to the specifics of
the RFP and how it applies to the senior and disabled communities.
Member of the public Don Alexander spoke in support of the proposal
Discussion ensued on the criteria and process for evaluation and on
comments made by members of the public. After considerable
discussion, on order of the Mayor Pro Tem, the information was
received and filed.
HOMELESS SERVICES 3-C: Annual review of Plan for Homeless Services; update on the
ANNUAL REVIEW Action Plan to address homelessness in the City; and report from
Los Angeles Department of Veterans Affairs staff on the status of
their initiatives for homeless veterans -recommendation to hold a
public hearing on the City's Plan for Homeless Services; and receive a
progress update on the Action Plan to address homelessness in the City,
was presented.
Members of the public Joey Fullmer Jerry Rubin, Albin Gieltz,
Catherine Eldridge and Michael Joney addressed concerns related to the
subject matter.
Discussion ensued on the information presented by staff and during the
Councilmember Shriver public hearing. After considerable discussion, on order of the Mayor
was excused at 9:05 p. m. Pro Tem, the information was received and filed.
6 November 10, 2009
STUDY SESSIONS: 3-A: Discussion of concept massing, urban design, circulation and
PARKING STRUCTURES cost implications for rebuilding downtown Parking Structures 1
and 6 -recommendation to review information presented and provide
Councilmember Shriver direction on which concepts to pursue for schematic design for the
returned at 9.•59 p. m. parking structures, was presented.
There was no one present for public comment.
On order of the Mayor, the information was received and filed.
ORDINANCES: 7-A: Second reading and adoption of interim Ordinance No. 2299
DEVELOPMENT (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA
STANDARDS MONICA EXTENDING THE INTERIM ORDINANCE THAT
MODIFIES PROPERTY 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.
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember
Holbrook, 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
NOES: None
ABSENT: Mayor Genser
CAT DECLAWING BAN 7-B: Second reading and adoption of Ordinance No. 2300 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADDING SECTION 4.04.275 TO THE MUNICIPAL CODE
BANNING ONYCHECTOMY AND FLEXOR TENDONECTOMY
(DECLAWING) PROCEDURES ON CATS," was presented.
Motion by Councilmember McKeown, seconded by Councilmember
Davis 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,
Mayor Pro Tem O'Connor
NOES: Councilmember Bloom
ABSENT: Mayor Genser
7 November 10, 2009
WOODLAWN 7-C: Introduction and first reading of an ordinance amending
CEMETERY Chapter 7.20 of the Municipal Code, relating to the Woodlawn
Cemetery and Mausoleum, including eliminating residency
requirement, authorize the Cemetery Administrator to adopt rules
and regulations re the management, supervision and use of the
Cemetery, and to enter into interment sales orders, was presented.
There was no one present for public comment.
Motion by Councilmember Davis, seconded by Councilmember
McKeown, to introduce this 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
NOES: None
ABSENT: Mayor Genser
STAFF ITEMS: 8-A: Exchange of City-owned property at 1920 Ocean Way with
1920 OCEAN WAY privately owned property at 1828 Ocean Avenue -recommendation
to authorize asix-month "Economic Uncertainty Period," through May
31, 2010, for staff and Neptune Walk LLC/Edward Thomas Companies
("ETC") to negotiate and finalize the terms of an Exclusive Negotiating
Agreement ("ENA"); and if the ENA terms are finalized by the end of
the initial six-month period and if ETC demonstrates that it cannot
obtain development financing, allow one six-month extension of the
"Economic Uncertainty Period" at the discretion of the City Manager,
was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
Bloom, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Mayor Genser
November 10, 2009
FARMERS MARKETS 8-B: Recommendation to approve proposed Santa Monica
Farmers Markets Rules, Regulations and Policy Guide, was
presented.
Members of the public Gary Gordon, Robert Kronovet, Jarabai, Frank
Angiul Richard Karno, Nina Girvetz, and Lisa Nguyen spoke in support
of the proposal, expressed concerns on the criteria for selection of
prepared food booth vendors and the effects on existing restaurants.
Considerable discussion ensued on the proposal and on the criteria
proposed for selection of prepared food vendors.
Motion by Councilmember Davis. seconded by Councilmember Bloom,
to approve the policy, except section 2.3.2 dealing with prepared food,
and the evaluation criteria matrix for prepared food attached to the
policy, and direct staff to re-work the matrix taking in to consideration
the comments made by Councilmembers during discussion. The motion
was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
Bloom, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Mayor Genser
REDEVELOPMENT 8-C: Recommendation that City Council and Redevelopment
AGENCY 5-YEAR Agency adopt the Redevelopment Agency's FY 2009-2010 through
IMPLEMENTATION FY 2013-2014 5-Year Implementation Plan.
PLAN
On order of the Mayor Pro Tem and at the request of staff, this matter
was continued to November 17, 2009.
MOTION TO CONTINUE Motion by Councihnember Davis, seconded by Councilmember
PAST 11:00 A.M. McKeown, to continue past 11:00 p.m. The motion was unanimously
approved by voice vote, with Mayor Genser present.
APPOINTMENTS: 13-A: Annual Appointment Accessibility Appeals Board for 1
vacancy with a term ending June 30, 2013.
On order of the Mayor Pro Tem, this matter was continued to a future
meeting.
9 November 10, 2009
PIER RESTORATION 13-B: Annual appointments to three positions on the Pier Restoration
CORPORATION Corporation for terms ending on November 10, 2013.
On order of the Mayor Pro Tem, the floor was opened for nominations.
Councilmember Bloom nominated incumbents Michael Dubin and Eric
Faber for re-appointment. The incumbents were appointed by acclamation,
with Mayor Genser absent.
Councilmember Shriver was On order of the Mayor Pro Tem, the third vacancy was continued to a
excused at 12.•05 p.m. future meeting.
PROPOSED SIGN 13-C: Request of Councilmember Bloom and Mayor Pro Tem
ORDINANCE CHANGE O'Connor that the Council direct staff to consider revisions to the
Municipal Code that would expand the opportunity of Santa Monica
businesses to use different types of signage, without impeding the
public right of way, including temporary signs to market their goods
and/or services to the public and that staff return with options and
recommendations for said revisions no later than March 2010 after
meeting with merchants, residents and other stakeholders, was
presented.
Member of the public Gary Gordon spoke in support of the request.
Motion by Councilmember Bloom, seconded by Mayor Pro Tem
O'Connor, to approve request. The motion was unanimously approved by
voice vote, with Councilmember Shriver and Mayor Genser absent.
RESIGNATION 13-D: Recommendation to accept Monte Perez's resignation from the
Pier Restoration Corporation and authorize the City Clerk to publish
the vacancy, was presented.
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Davis,
to approve recommendation. The motion was unanimously approved by
voice vote, with Councilmember Shriver and Mayor Genser absent.
PUBLIC COMMENT Members of the public Denise Barton, M. Ross, Michael Joney, Rodrigo
Iglesias, Edith Chin and Art Casillas commented on various local issues.
ADJOURNMENT: On order of the Mayor Pro Tem, the City Council meeting was adjourned
at 12:26 a.m., in memory of Richard Juarez and the victims of the recent
shootings at Fort Hood, Texas.
10 November 10, 2009
ATTEST:
Maria M. Stewart
City Clerk
APPROVED:
Pam O'Connor
Mayor Pro Tem
11 November 10, 2009