M-090809CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 8, 2009
A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:58 p.m.,
on Tuesday, September 8, 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 7:44 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 5:58 p.m., with
Councilmember Shriver absent. Sr. Deputy City Attorney Barry
Rosenbaum 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, Pro Se and M. Ross commented on
various Consent Calendar Items.
At the request of Councilmember Bloom, Item 1-I was removed from the
Consent Calendar.
Motion b~yor Pro Tem O'Connor, seconded by Councilmember
Davis, to approve all items on the Consent Calendar as presented except
Item 1-I, reading resolutions by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
September 8, 2009
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
MINUTES 1-A: The minutes of August 11, 2009, City Council meeting were
approved as submitted..
SUSTAINABLE WORKS 1-B: Sustainable Works Community and Business Greening
Program -recommendation to authorize the City Manager to negotiate
and execute professional services Agreement No. 9106 (CCS) with
Community Partners, in an amount not to exceed $245,500, for fiscal
management and implementation of the Sustainable Works programs,
was approved.
SOLAR PROGRAM 1-C: Solar Santa Monica Program development and
implementation services -recommendation to authorize the City
Manager to negotiate and execute Agreement No. 9107 (CCS) with
EcoMotion, in the amount of $250,000, to provide project development
and implementation services to the Solar Santa Monica program, was
approved.
DETROIT DIESEL 1-D: Detroit Diesel Engine overhaul services on transit buses - -
ENGINES recommendation to award Bid No. 2977 to Ironman Renewal and Harbor
Diesel and Equipment, in the amount of $400,000 to provide engine
overhaul services on transit coaches powered by Detroit Diesel Series 50
engines for aone-year period with three additional one-year renewal
options, was approved.
NATURAL GAS AND 1-E: Natural gas and diesel engine overhaul services on transit
DIESEL ENGINES buses -recommendation to award Bid No. 2978 to Cummins Cal Pacific
and Ironman Renewal, in the amount of $200,000, to provide engine
overhaul services on transit coaches for aone-year period with three
additional one-year renewal options, was approved.
DONATED LIGHT 1-F: Acceptance Light Emitting Diode (LED) Lighting Fixtures -
FIXTURES recommendation to accept 420 LED lighting fixtures, at no cost, from
Jenn Feng Industrial Co., Ltd., and to authorize participation in the
Municipal LED Lighting Project, was approved.
STREET RESURFACING 1-G: Street Resurfacing Citywide Project Contracts
September 8, 2009
recommendation to authorize the City Manager to negotiate and execute
construction Contract No. 9108 (CCS) with All American Asphalt, in the
amount of $1,890,980; construction contract management Agreement No.
9109 (CCS) with Tetra Tech, in the amount of $189,065; and to authorize
proposed budget changes, was approved.
REAL ESTATE ADVICE 1-H: Real Estate Advisory Services -recommendation to authorize
the City Manager to negotiate and execute an amendment to existing
Agreement No. 1378 (CCS) with Allan D. Kotin & Associates, in an
amount not to exceed $50,000, for a new total of $120,000, for real estate
economic and financial advisory services related to the City's property
acquisition and leasing activities, was approved.
AFFORDABLE HOUSING 1-J: Resolution No. 10422 (CCS) entitled: "A RESOLUTION OF
UNIT BASE FEE THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING
THE AFFORDABLE HOUSING UNIT BASE FEE FOR NEW
MARKET-RATE MULTIFAMILY DEVELOPMENT PURSUANT TO
THE MUNICIPAL CODE SECTION 9.56.070(B) BASED ON
CHANGES IN CONSTRUCTION COSTS AND LAND COSTS, was
adopted.
AFFORDABLE HOUSING 1-K: Resolution No. 10423 (CCS) entitled: "A RESOLUTION OF
UNIT DEVELOPMENT THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING
COST THE AFFORDABLE HOUSING UNIT DEVELOPMENT COST
PURSUANT TO THE MUNICIPAL CODE SECTION 9.56.070(C)
BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND
COSTS," was adopted.
WATER SHORTAGE 1-L: Water Shortage Response Plan Amendment -recommendation
RESPONSE PLAN to adopt Resolution No.10424 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AMENDING THE CITY'S WATER
SHORTAGE RESPONSE PLAN TO REMOVE THE SECTION
RESTRICTING THE FILLING OF POOLS AND SPAS," was approved.
ADMINISTRATIVE 1-M: Administrative Citation Fine Schedule update -
CITATION recommendation to adopt Resolution No. 10425 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA SETTING
FORTH THE ADMINISTRATIVE CITATION SCHEDULE OF FINES
FOR CERTAIN VIOLATIONS OF THE MUNICIPAL CODE
EFFECTIVE NOVEMBER 1, 2009," was approved.
September 8, 2009
SEWER SYSTEM 1-N: Sewer System Management Plan -recommendation to approve
MANAGEMENT PLAN a Sewer System Management Plan outlining goals, schedule, and
organizational structure for compliance with newly enacted Statewide
General Waste Discharge requirements issued by the State Water
Resources Control Board, was approved..
236 ADELAIDE DRIVE 1-O: Statement of Official Action taken denying appeal of the
Landmarks Commission decision related to 236 Adelaide Drive, was
approved.
301 OCEAN AVENUE 1-P: Statement of Official Action upholding appeal and reversing
the decision of the Landmarks Commission to designate the property
at 301 Ocean Avenue as a City Landmark, was approved.
JONATHAN CLUB 1-Q: Resolution No. 10426 (CCS) entitled: "A RESOLUTION OF
LEASE THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO
ENTER INTO A FIRST AMENDMENT TO EXTEND THE EXISTING
LEASE OF THREE PARCELS ON THE BEACH TO THE
JONATHAN CLUB," was adopted.
PALISADES BLUFFS 1-R: Palisades Bluffs stabilization project -recommendation to
STABILIZATION authorize the City Manager to negotiate and execute Contract No. 9111
(CCS) with Jensen Drilling Company, in the amount of $1,775,200 for
drilling services; and Contract No. 9112 (CCS) with Vanir Construction
Management, in the amount of $398,330, for construction management
services, was approved.
ICE SKATING RINK 1-I: Seasonal Ice Skating Rink - recommendation to authorize the
City Manager to negotiate and execute License Agreement No. 9110
(CCS) with the Bayside District Corporation for use of City-owned
property at 1324 and 1326 5th Street for a seasonal ice skating program
from 10/1/09 through 02/15/10, was presented.
Councilmember Bloom advised he removed this matter from the Consent
Calendar to note his appreciation of staff for testing new technology and
proposing a smaller ice rink to make it more energy efficient.
Motion b~ Councilmember Bloom seconded by Mayor Geneer, to
approve recommendation. The motion was approved by the following
vote:
4 September 8, 2009
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:24 p.m., to
consider closed sessions and returned at 7:44 p.m., with all members
Councilmember Shriver present.
arrived at 7.44 p. m.
2-A: Conference with Real Property Negotiators
Property: 402 Colorado
City Negotiator: Andy Agle, Director,
Housing & Economic Development
Under Negotiation: Lease Terms
Owner of Record/Lessee: City of Santa Monica/Sears Holding
Company
ACTION: Heard. No reportable action taken.
2-B: Conference with Legal Counsel -Existing Litigation: Chubna
et al. v. City Santa Monica, USDC, Case No. CV09-5046 CBM (Ex).
ACTION: Heard. No reportable action taken.
2-C: 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.
2-D: Conference with Legal Counsel -Existing Litigation: In the
Matter of Compliance with Federal Obligations by the City of Santa
Monica, California, FAA Docket No. 16-02-OS
ACTION: Heard. No reportable action taken.
2-E: Conference with Legal Counsel -Existing Litigation: United
States of America and Peters v. City of Santa Monica, USDC, Case
No. CV08-02695 CW(Ex)
ACTION: Heazd. No reportable action taken.
September 8, 2009
2-F: Conference with Legal Counsel -Existing Litigation: Crow v.
City of Santa Monica and Alfredo Maldonado, LASC Case No. SC
095931.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
O'Connor, to approve settlement in the amount of $31,000. The motion
was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: None
2-G: 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-H: Conference with Legal Counsel -Existing Litigation: Lamle
v. Citv of Santa Monica, et al.. USDC. Case No. CV 04-06355 HGK
SHx.
ACTION: Heard. No reportable action taken.
2-I: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(6)(1): Claim by City of Los Angeles Moss
Avenue Coastal Interceptor Sewer System Payments.
ACTION: Heard. No reportable action taken.
2-J: Conference with Legal Counsel -Existing Litigation: BroEeer
et al. v. City of Santa Monica, Los Angeles County Superior Court
Case No. BC378071.
ACTION: Heard. No reportable action taken.
2-K: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(6)(1): Jesse
Whittaker -Claim Number - 08-6340.
September 8, 2009
Motion by Councilmember Davis. seconded by Councilmember Bloom,
to approve settlement in the amount of $155,000. The motion was
approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: None
INSPIRATION: A presentation was made to the City Council by the Santa Monica
Sister City Association's International Soccer Tournament
Committee in appreciation of the City's funding assistance.
ADMIN. ITEMS: 6-A: Appeal of Landmarks Commission designation of the
3030-3060 NEBRASKA Commercial Building located at 3030-3060 Nebraska Avenue as a
APPEAL City Landmark- recommendation to deny the appeal and designate the
property located at 3030-3060 Nebraska Avenue as a City Landmark
based on revised findings, was presented.
Dale Goldsmith and Bill Delvec, representing appellant, spoke in support
of granting the appeal.
Member of the public Jerry Rubin spoke in support of the
recommendation.
Dale Goldsmith, representing appellant, provided a rebuttal to the public
comment.
Motion by Mayor Pro Tem O'Connor, seconded by Mayor Genser, to
grant the appeal. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: Councilmembers Shriver, McKeown
ABSENT: None
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2294 (CCS)
SPEED LIMITS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ESTABLISHING SPEED LIMITS PURSUANT TO ENGINEERING
AND TRAFFIC SURVEY AND THE CALIFORNIA VEHICLE CODE,
AND AMENDING THE SANTA MONICA MUNICIPAL CODE," was
presented.
7 September 8, 2009
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,
Bloom, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
PROPERTY DEVELOP- 7-B: Introduction and first reading of an interim ordinance to
MENT STANDARDS modify property development standards in the OP-4 Ocean Park
Multiple Residential District relating to sideyard setback and open
space requirements, was presented.
There was no one present for public comment.
Motion by Councilmember Davis, seconded by Councilmember Bloom,
to introduce the ordinance for first reading, 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
STAFF ITEMS: 8-A: Update to the Downtown Parking Program -recommendation
DOWNTOWN PARHING to authorize staff to return with actions necessary to implement the
PROGRAM recommendations of the Study, including: 1) Adjust parking rates for on-
street parking meters and off-street parking structures within the Down-
town;2) Develop program guidelines for centralized valet system and
public access to private parking facilities; 3) Develop a program to
encourage increased use of alternative transportation by Downtown
employees; 4) Develop a financing plan for first stage of implementation
of the Downtown Parking Program; 5) Develop a financing plan for
future stages of implementation of the Program, including adjusting the
Parking hi-Lieu Fee; and 6) Enhance downtown parking operations,
including appropriate staffing following implementation of parking rate
adjustments, was presented.
Members of the public Joey Fullmer, Jerry Rubin, Kathleen Rawson,
Michael Cahn, Richard McKinnon and Oren Grossi spoke generally in
support of the recommendation and commented on various aspects of the
project.
September 8, 2009
Motion by Councilmember Bloom. seconded by Councilmember Davis,
to approve recommendation. The motion was approved by the following
vote:
AYES: Councilmembers McKeown, Shriver, Davis, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
NOES: Councilmembers Holbrook
ABSENT: None
CINEMA 8-B: Cinema Development at 1320 Fourth Street -recommendation
DEVELOPMENT to authorize the City Manager to enter into exclusive negotiations with
Metropolitan Pacific Capital Inc. in partnership with AMC Entertainment
Inc. to develop and operate a multiplex cinema on the site of Parking
Structure No. 3 located at 1320 Fourth Street; and to provide conceptual
direction that public parking should not be planned as part of the project,
was presented.
Members of the public Joey Fullmer and Jerry Rubin commented
generally in favor of the project.
Considerable discussion ensued relative to the proposed assurances that
the recommended developer can make and, the number or screens that
will be available and the impact on traffic and parking.
Motion by Councilmember Shriver, seconded by Councilmember Davis,
to approve staff recommendation.
Substitute motion by Mavor Genser, seconded by Councilmember
Bloom, to direct staff to expeditiously work to see if the proposers can
clarify that their proposal includes the feature of closing the Broadway
Cinema that gave them the competitive edge and, if it does, notify
Council and continue with negotiations; if it does not include the feature,
staff then to return to Council to evaluate which is the better proposal.
The substitute motion was approved by the following vote:
AYES: Councilmembers Bloom, McKeown, Mayor Pro Tem
O'Connor, Mayor Genser
NOES: Councilmembers Holbrook, Davis, Shriver
ABSENT: None
COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions.
ANNUAL APPTS.
On order of the Mayor, the floor was opened for nominations to the
various vacancies.
September 8, 2009
Councilmember Shriver was Board/Commission No. of ApQts. Terms Endan2
excused at 11:04 p. m.
Accessibility Appeals Bd. 2 06/30/2013
On order of the Mayor, this matter was continued to September 22, 2009.
Commission, Sr. Community
06/30/2013
Councilmember Bloom nominated Jennie Braun. There being no other
nominations, Ms. Braun was appointed by acclamation, with
Councilmember Shriver absent.
On order of the Mayor, the second vacancy was continued to September
22, 2009.
Convention & Visitors Bureau 2 06/30/2013
Manor Genser nominated Ellis O'Connor. There being no other
nominations, Ms. Ellis was appointed by acclamation, with
Councilmember Shriver absent.
Manor Genser nominated Fabian Lewkowicz. There being no other
nominations, Mr. Lewkowicz was appointed by acclamation, with
Councilmember Shriver absent.
Disabilities Commission
06/30/2013
Councilmember Bloom nominated Marti Jean McCarty-Browning.
There being no other nominations, Ms. McCarty-Browning was
appointed by acclamation, with Councilmember Shriver absent.
Personnel Board
06/30/2014
On order of the Mayor, this matter was continued to September 22, 2009.
Recreation & Parks Commission 1 06/30/2013
Councilmember Davis nominated Nancy Goslee Power.
Manor Genser nominated Richard McKinnon.
Ms. Power was appointed by the following vote:
10 September 8, 2009
Power: Councilmembers Davis, Holbrook, Bloom, Mayor Pro
Tem O'Connor
McKinnon: Councilmember McKeown, Mayor Genser
Absent: Councilmember Shriver
Councilmember McKeown and Mayor Genser requested to change their
votes for Ms. Power, thereby appointing her by acclamation.
Social Services Commission 2 06/30/2013
Councilmember McKeown nominated Nancy Elaine Geshke. There
being no other nominations, Ms. Geshke was appointed by acclamation,
with Councilmember Shriver absent.
Mayor Genser nominated Cindy McQuade.
Councilmember Bloom nominated Jean McNeil Wyner.
Ms. McQuade was appointed by the following vote:
McQuade: Councilmembers Davis, McKeown, Mayor Pro Tem
O'Connor, Mayor Genser
Wyner: Councilmembers Bloom, Holbrook
Absent: Councilmember Shriver
Councilmembers Bloom and Holbrook requested to change their votes to
Ms. McQuade thereby appointing her by acclamation.
UNSCHEDULED On order of the Mayor, the floor was opened for nominations to the
VACANCIES unscheduled vacancies.
13-B: Appointment to one unscheduled vacancy to the Pier
Restoration Corporation for a term ending on November 10, 2009:
Mavor Genser nominated Michael Dubin.
Councilmember McKeown nominated Richard Gerowitz.
Mr. Dubin was appointed by the following vote:
Dubin: Councilmembers Davis, Holbrook, Bloom, Mayor Pro
Tem O'Connor, Mayor Genser
Gerowitz: Councilmember McKeown
Absent: Councilmember Shriver
11 September 8, 2009
13-C: Appointment to one unscheduled vacancy on the Arts
Commission for a term ending on June 30, 2011.
Councilmember McKeown nominated Ed Horowitz. There being no
other nominations, Mr. Horowitz was appointed by acclamation, with
Councilmember Shriver absent.
AHWAHNEE 13-D: Request of Mayor pro tem O'Connor and Councilmembers
PRINCIPLES Bloom and McKeown that the Council affirm its support for the
Local Government Commission Ahwahnee Principles for Resource-
Efficient Communities, Economic Development, and Water; and that
the Council further authorize its representative on the Westside
Cities Council of Governments to vote for the adoption by that body
of these sets of Principles, as well as of the Ahwahnee Principles for
Climate Change endorsed by the Santa Monica City Council on
March 24, 2009, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown. seconded by Mayor Genser, to
approve request. The motion was unanimously approved by voice vote,
with Councilmember Shriver absent.
RESIGNATION 13-E: Recommendation to accept Michael Gutierrez's resignation
from the Housing Commission and authorize the City Clerk to
publish the vacancy, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded b~Councilmember
Davis, to approve recommendation. The motion was unanimously
approved by voice vote, with Councilmember Shriver absent.
PARKS & RECREATION 13-F: Request of Councilmember McKeown that, pursuant to
FACILITIES FEES requests from the Planning Commission and the Recreation and
Parks Commission, Council direct staff to review the City's Park and
Recreation Facilities fees under Municipal Code section 6.80, the
amount of which has not been adjusted in over 35 years, and return
with recommendations for providing adequate parks revenue for
anticipated needs under the new Land Use and Circulation Element,
was present.
There was no one present for public comment.
12 September 8, 2009
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve request amended to add review of the commercial fee,
in addition to residential fee. The motion was unanimously approved by
voice vote, with Councilmember Shriver absent.
PUBLIC INPUT: Members of the public Denise Barton, Pro Se, Melvin Ross and Art
Casillas commented on various local issues.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:28
p.m. in memory of Laurel Roennau, Mary Kay Kamath, Madora Mae
Colberg, and Senator Ted Kennedy,
ATa ~VED: ~~
Mana M. Stewart ~ Ken Gensdr
City Clerk Mayor
13 September 8, 2009