M-112409CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 24, 2009
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem
O'Connor at 5:54 p.m., on Tuesday, November 24, 2009, at City Council Chambers, 1685 Main
Street.
Roll Call: Present: Mayor Pro Tem Pam O'Connor
Councilmember Richard Bloom
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Absent: Councilmember Bobby Shriver
Mayor Ken Genser
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Mazia M. Stewart
CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:54.
p.m., with Councilmember Shriver and Mayor Genser absent.
Councilmember Bloom led the assemblage in the Pledge of
Allegiance.
MAYOR GENSER - Mayor Pro Tem O'Connor stated that Mayor Genser is recovering
EXCUSED ABSENCES from an illness and asked that the minutes reflect that his absence
tonight, as well as the last four absences are excused absences.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed
by a Councilmember for discussion.
Member of the public Joey Fullmer expressed opinions related to
Consent Calendar items.
Motion by Councilmember Davis, seconded by Councilmember
Holbrook, to approve all items on the Consent Calendar as presented,
reading resolutions by title only and waiving further reading thereof.
November 24, 2009
The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, McKeown,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Shriyer, Mayor Genser
CONSENT CALENDAR: 1-A: The minutes of the November 2 and 3, 2009, special Council
MINUTES Meetings and the November 10, 2009, City Council meeting were approved
as submitted.
CANCELLATION OF 1-B: Recommendation to cancel the December 22, 2009, regular
REGULAR MEETING Council Meeting due to lack of a quorum, was approved.
ESTABLISHMENT OF 1-C: Support of establishment of a Medium-Speed Vehicle
MEDIUM-SPEED FOR classification -recommendation to adopt Resolution No. 10441 (CCS)
VEHICLES entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
SUPPORTING ADOPTION OF STATE REGULATIONS THAT WOULD
AUTHORIZE THE USE OFMEDIUM-SPEED VEHICLES ON PUBLIC
STREETS IN ORDER TO PROMOTE DEVELOPMENTS IN
ENVIRONMENTAL SUSTAINABILITY," was approved.
PURCHASE - 4 FIRE 1-D: Purchase of four fire pumper vehicles -recommendation to `j
PUMPER VEHICLES authorize the City. Manager to negotiate and execute Contract No. 9152
(CCS) with Kovatch Mobile Equipment (KME), in the amount. of
$2,199,969.30, to furnish and deliver four fire pumper vehicles for the Fire
Suppression Division of the Fire Department, was approved.
CLOSED SESSIONS: Member of the public Pro Se commented on the listing of closed sessions.
On order of the Mayor Pro Tem, the City Council recessed at 6:12 p.m., to
consider closed sessions and reconvened at 7:39 p.m., to report the
following:
2-A: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b)(1): one case.
ACTION: Heard. No reportable action taken:
2-B: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9 (b)(i): Snyder
Diamond, 1399 Olympic Blvd., Case Number 07COM-0055 and Four
Oaks Garage, 1547 7th Street, Case Number 06COM1408.
2 November 24, 2009
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)(1): Claim by City of Los Angeles Moss Avenue
Coastal Interceptor Sewer System Payments.
ACTION: Not Heard.
2-D: Conference with Legal Counsel -Existing Litigation: Chubna
et al. v. City Santa Monica, USDC Case No. CV09-5046 CBM (Ex).
ACTION: Not Heard.
2-E: Conference with Legal Counsel -Existing Litigation: Harris v.
City of Santa Monica, Case Number LASC BC 341569.
ACTION: Not Heard.
2-F: Conference with Real Property Negotiators
Property: 1855 Main Street (proposed museum site)
City Negotiator: P. Lamont Ewell, City Manager
Under Negotiation: Lease Terms
Owner of Record: City of Santa Monica
ACTION: Heard. No reportable action taken.
3-A: Release of the Draft Land Use and Circulation Element (LUCE)
- a study session concurrent with the release of the Draft LUCE to provide
an overview of the document,- given its comprehensive nature, and inform
City Council and the community and increase an understanding of its
contents in advance ofthe release ofthe Draft Environmental Impact Report
in early January, was presented.
The following members of the public commented on various aspects of the
presentation: Jerry Rubin, Catherine Eldridge; Donna Sternberg, Nina
Fresco, Mike Myers, Susan Cloke, Brian Hutchings and Linda Piera-Avila.
Considerable discussion ensued on the presentation and on the comments
received from members of the public.
On order of the Mayor Pro Tem, the information was received and filed.
3 November 24, 2009
BEACH RESTROOMS 3-B: Concept Design for Beach Restroom Facilities Replacement
CONCEPT DESIGN Project - recommendation to review and comment on the proposed concept
design for replacement of eight beach restroom facilities and direct staff to
proceed with design development drawings prior to scheduling a review by
the Architectural Review Board and then final approval by the City Council,
was presented.
Members of the public M. Ross and Susan Cloke commented on the
proposal.
On order of the Mayor Pro Tem, the information was received and filed.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2301 (CCS)
WOODLAWN entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
CEMETERY AMENDING 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 REGARDING THE MANAGEMENT, SUPERVISION
AND USE OF THE CEMETERY, AND TO ENTER INTO INTERMENT
SALES ORDERS," was presented.
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember
McKeown, to adopt ordinance, reading by title 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
NOES: None
ABSENT: Councilmember Shriver, Mayor Genser
WATERCONSERVATION7-B: Introduction and first reading of an ordinance amending
Chapter 8.108 Subpart B of the Municipal code related to landscaping,
landscape irrigation and water conservation; adoption of Resolution
No. 10442 (CCS) setting standards for Water-Efficient Landscape and
Irrigation; and adoption of Resolution No. 10443 (CCS) setting forth
the Administrative Citation Schedule of Fines for certain violations of
the Municipal Code, was presented.
Members of the public Michael Toney and Brian Hutchings commented on
the proposed ordinance.
4 November 24, 2009
Motion by Councilmember McKeown. seconded by Councihmember
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, Davis, McKeown, Mayor Pro Tem
O'Connor
NOES:. Councilmember Holbrook
ABSENT: Councilmember Shriver, Mayor Genser
Motion by Councilmember Bloom seconded by Councilmember Davis, to
adoption of Resolution No. 10442 (CCS) entitled: "A RESOLUTION. OF
THE CITY OF SANTA MONICA SETTING STANDARDS FOR
WATER-EFFICIENT LANDSCAPE AND IRRIGATION." The motion
was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Bloom, Mayor Pro Tem
O'Connor
NOES: Councilmember Holbrook
ABSENT: Councilmember Shriver, Mayor Genser
Motion by Councilmember Davis, seconded by Councilmember Bloom, to
adopt Resolution No. 10443 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA SETTING FORTH THE ADMINISTRATPJE
CITATION SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF
THE MUNICIPAL CODE." The motion was approved by the following
vote:
AYES: Councilmembers Bloom, Davis, McKeown, Mayor Pro Tem
O'Connor
NOES: Councilmember Holbrook
ABSENT: Councilmember Shriver, Mayor Genser
STAFF ITEMS: 8-A: Exposition Light Rail Phase 2 Maintenance Facility Upgrade,
EXPOSITION LIGHT Expo Construction Authority consideration of Verizon Site and Santa
RAIL PHASE 2 Monica College parking lot as the Hybrid Site within the City -
recommendation to authorize the City Manager to negotiate AgreementNo.
9153 {CCS) with the Exposition Authority (Expo) for mitigations for the
proposed Phase 2 Exposition Light Rail maintenance facility, including the
proposed alternative concept. "hybrid" maintenance facility site; request.
Expo to continue working with the City and community to ensure that, if the
alternative hybrid concept is accepted by Expo, environmental impacts are
fully mitigated and that good neighbor provisions by Council aze secured
and to minimize the visual and environmental impacts of the maintenance
November 24, 2009
facility; work with Expo and other agencies on layout and financial issues
associated with the hybrid alternative; direct staff to explore with SMC and
Expo practical and legal options for land and lease swaps to create the linear
buffer in exchange for comparable property for the SMC parking lot, which
will be relocated on City property on Airport Residual land; and direct staff
to work with Expo and Metro to develop any additional necessary
agreements regarding development and operation of the hybrid site if it is
adopted by the Expo Board as the recommended site and adjust the final
budget for the Expo Phase 2 project as appropriate to include all required
City mitigations and recommended improvements for the maintenance
facility, was presented.
The following members of the public spoke in opposition to the placement
of the maintenance facility: Jason Ranne, Catherine Eldridge, Alan Quinn,
Sarah Devine, Elanor Path, Maria Loya, Michael Tarbet, and Marcia
Zimmennan.
Member of the public Jerry Rubin spoke in support of the project.
Considerable discussion ensued on the presentation and on comments made
by members of the public including but not limited to the impacts of the
maintenance facility site in the neighborhoods, any possible California
Environment Quality Act requirements, mitigation efforts, noise and air
quality, and aesthetics.
Motion by Mavor Pro Tem O'Connor. seconded by Councilmember
Holbrook, to approve staff recommendation, noting that it will not contain
a paint and body shop, and to include comments about the possibility of
bringing in a jobs program from Metro and Expo's existing jobs program
for Phase 2 and for when the facility is up and running.
Motion to amend by Councilmember McKeown, to add the additional point
to direct staff to act as mediators with Metro to extend the level of
cooperation and communication to the families that live nearby theproject
area. The motion was accepted as friendly.
Motion to amend by Councilmember Davis to direct staff to work with the
outreach staffs of Metro and Expo Authorities in teens of facilitating on-
going communications including but not limited to design, build and on-
going operations. Motion was accepted as friendly.
The motion, as amended, was approved by the following vote
6 November 24, 2009
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Shriyer, Mayor Genser
PUBLIC SAFETY On order of the Mayor Pro Tem, the regular City Council meeting was
FACILITY -LEASE recessed and reconvened to a special joint meeting with the Public
REVENUE BONDS Financing Authority at 11:30 p.m., with Councilmember Shriver and Mayor
Genser absent.
8-B: Issuance of Lease Revenue Bonds, Series 2009 (Public Safety
Facility Project) - recommendation that Council and the Public Financing
Authority: adopt respective Resolution Nos. 10444 (CCS) and 5 (PFAS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF
A SECOND AMENDMENT TO LEASE AGREEMENT, A SECOND
SUPPLEMENTAL INDENTURE AND A CONTINUING DISCLOSURE
CERTIFICATE IN CONNECTION WITH THE ISSUANCE OF PUBLIC
FINANCING AUTHORITY LEASE REVENUE REFUNDING BONDS,
SERIES 2009 (PUBLIC SAFETY FACILITY PROJECT), APPROVING
THE ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL
AMOUNT OF NOT. TO EXCEED $10,000,000, APPROVING A BOND
PURCHASE AGREEMENT FOR SUCH BONDS, AUTHORIZING THE
DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION
WITH THE OFFERING AND SALE OF SUCH BONDS AND
AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS
AND CERTIFICATES AND RELATED ACTIONS"; and appropriate
funds and adopt proposed budget changes, was presented.
There was no one present for public comment.
Motion by Authority/Councilmember McKeown seconded by
Authority/Councilmember Davis, to approve staff recommendation. The
motion was approved by the following vote:.
AYES: Authority/Councilmembers McKeown, Davis, Holbrook,
Bloom, Vice Chair/Mayor Pro Tem O'Connor
NOES: None
ABSENT: Authority/Councilmember Shriver, Chair/Mayor Genser
ADJOURNMENT OF On order of the Mayor Pro Tem, the- Special Joint Meeting was adjourned
SPECIAL JOINT at 11:33 p.m., and the regulaz Gity Council meeting was reconvened with
MEETING Councilmember Shriver and Mayor Genser absent.
November 24, 2009
COUNCIL ITEMS: 13-A: Annual appointment to one position on the Pier Restoration
Corporation for a term ending on November 10, 2013.
On order of the Mayor Pro Tem, this matter was continued to December 8,
2009.
PUBLIC INPUT: Members of the public Pro Se, Denise Barton, M. Ross, Faith McDonald,
Michael Toney, Brian Hutchings and Cesar Hernandez commented on
various local issues.
ADJOURNMENT: On order of the Mayor Pro Tem, the City Council meeting was adjourned
at 11:45 p.m. in memory of Elinor Graham and Don Hedrich.
AT`'TE~STI : APPROVED:
_ W .~`.e.,~~
Maria M. Stewart Pam O'Connor
City Clerk Mayor Pro Tem
November 24, 2009