M-120809CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 8, 2009
A regular meeting of the Santa Monica City Council was calledto order by Mayor Pro Tem
O'Connor at 5:49 p.m., on Tuesday, December 8, 2009, at City Council Chambers, 1685 Main
Street.
Roll Call: Present: Mayor Pro Tem Pam O'Connor
Councilmember Richazd Bloom
Councilmember Gleam Davis
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 Marsha Jones Moutrie
City Clerk Mazia M. Stewart
CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:49
pm., with Councihnember Shriver and Mayor Genser absent.
Councilmember Bloom led the assemblage in the Pledge of
Allegiance.
CONSENT CALENDAR: With the consensus of Council, and on order of the Mayor Pro Tem,
the Council and the Council/Redevelopment Agency Consent
Calendars were to be considered simultaneously.
Member of the public Joy Fullmer and Ann Infante commented on the
Consent Calendar items.
At the request of Councilmember Holbrook, Item I-J was removed
from the Consent Calendar.
December 8, 2009
Motion by A ency/Councilmember Davis seconded by AgencX/
Councilmember Bloom, to approve all items on the Consent Calendars
as presented except Item 1-J, reading resolutions by title only and
waiving further reading thereof. The motion was approved by the
following vote:
The motion was approved by the following vote:
AYES: Agency/Councihnembers Bloom, Holbrook, Davis,
McKeown, Vice Chair/Mayor Pro Tem O'Connor
NOES: None
ABSENT: Agency/Councilmember Shriver, Chair/Mayor Genser
MINUTES 1-A: The minutes of the November 17 and November 20, 2009,
City Council meetings were approved as submitted.
1717 4"' STREET 1-B: Furniture purchase for tenant improvement project at
1717 4t6 Street -recommendation to award a purchase order in the
amount of $165,000 to Knoll Products, to provide office furniture,
furnishings, and equipment for. the Business and Revenue Operations
Division, was approved.
COUNCIL CHAMBERS 1-C: Council Chambers Audio/Visual Enhancement Project-
ENHANCEMENT recommendation to authorize the City Manager to negotiate and
PROJECT execute Contract No. 9154 (CCS) with Spinitar, in the amount of
$223,500, for the purchase and maintenance of an enhanced
audio/visual system for the City Council Chambers, was approved.
EMPLOYEE MEDICAL 1-D: Pre-employment and employee professional medical
SERVICES services -recommendation to authorize the City Manager to negotiate
and execute. Agreement No. 9155 (CCS) with Westchester Medical
.Group Center for Heart and Health in the amount of $200,000 per
year, for professional medical services, was approved.
TRAVELODGE AIR 1-E: Travelodge Hotel Air Rights License Agreement -
RIGHTS AGREEMENT recommendation to authorize the City Manager to negotiate and
execute Agreement No, 9156 (CCS) with Ocean Avenue Management
LLC for air rights for athree-level pedestrian bridge and a subsurface
utility easement in First Court Alley, as required by the Travelodge
Hotel Development Review Permit OS-007 for development located at
1515-1525 Ocean Avenue and 1530 2"' Street, was approved.
December 8, 2009
1171 FRANKLIN ST. 1-F: Resolution No. 10445 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA APPROVING FINAL TRACT
MAP NO. 67000 FORA 6-UNIT CONDOMINIUM PROJECT AT
1171 FRANKLIN STREET", was approved.
1800 STEWART GROUND 1-G: 1800 Stewart Street Ground Lease Extension -
LEASE recommendation that the City's Lease No. 8654 (CCS) with CF Santa
Monica Office V.L, LP for City-owned property located at 1800
Stewart Street be extended for thirty months; from July 1, 2030 to
January 1; 2033, was approved.
SALARY AND 1-H: Adoption of Resolution No. 10446 (CCS) entitled: "A
CLASSIFICATION RESOLUTION OF THE CITY OF SANTA MONICA
CHANGES ESTABLISHING VARIOUS CLASSIFICATIONS AND SALARY
RATES, AND RECOMMENDATION TO APPROVE POSITION
AND CLASSIFICATION CHANGES," was presented.
JOINT MEETING WITH 1-I: Redevelopment Agency Annual Report for Fiscal Year
REDEVELOPMENT 2008-2009 -recommendation that City Council receive the
AGENCY: ANNUAL. Redevelopment Agency's Annual Report for Fiscal Year 2008-2009;
REPORT FOR FISCAL and recommendation that the Redevelopment Agency direct the
YEAR 2008-2009 Agency Executive Director to transmit the report to the State
Controller for filing, was approved
DOWNTOWN/CIVIC 1-K: Downtown/Civic Center Circulation Study -
CENTER CIRCULATION recommendation to authorize the City Manager to negotiate and
STUDY execute an amendment to Contract No. 9103 (CCS) with Fehr &
Peers, for $65,000 for a total amount of $146,000, to provides
detailed visual micro-simulation traffic operational analysis for the
intersection of Colorado Avenue and 4"' Street to the scope of work for
the Civic Center/Downtown circulation analysis, was approved
ROSE BOWL PEP 1-J: Rose Bowl Pep Rallies -recommendation to authorize the.
RALLIES City Manager to negotiate and execute License Agreement No. 9157
(CCS) with Ohio State University and the University of Oregon or
Oregon State University to hold two pep rallies in the 1550 lot on
December 30 and December 31, was presented..
Councilmember Holbrook advised he removed this item from the
Consent Calendar to request that, if appropriate, the City make the
same arrangements with the University of Alabama and the University
of Texas should they wish to hold pep rallies in the City as well.
December 8, 2009
Motion by Councilmember Holbrook, seconded by Councilmember
Davis, to approve recommendation amended with the above request.
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
ADJOURNMENT OF On order of the Mayor Pro Tem, the joint meeting with the
JOINT MEETING RedevelopmenYAgency was adjourned at 5:57 p.m. and the regular
City Council meeting was reconvened with Councilmember Shriver
and Mayor Genser absent.
CLOSED SESSIONS: Member of the public Michael Hastings spoke in support of allowing
the on-going lease negotiations by Infinity, as related to item 2-I.
Councilmember Shriver
arrived at 6.•30 p. m. Members of the public Joey Fullmer and Pro Se commented on
various Closed Session items.
On order of the Mayor Pro Tem, the City Council recessed at, 6:14
p.m., to consider closed sessions. The City Council returned at 7:57
p.m., with Mayor Genser absent, to report the following action taken:
2-A: Conference with Real Property Negotiator
Property: 401 Ocean Avenue
City Negotiator: .Andy Agle, Dir., Housing &
Economic Development
Under Negotiation: Interest in Real Property
Owners of Record: Morris Family Trust
ACTION: Not Heard.
2-C: 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-D: Conference with Legal Counsel: 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.
December 8, 2009
Assistant City Attorney Joseph Lawrence advised that this is a claim
by the City of Los Angeles alleging that it has overpaid the City of
Santa Monica by more than $6 million dollazs for use of the Moss
Avenue Coastal Interceptor Sewer System. He added that the parties
have reached an agreement under the following terms: Los Angeles
will receive credits and back payment totaling $4,001;166. City will
pay the City of Los Angeles $2.7 million in cash, and the balance in
various credits for the FY 2007/08, 2009/08 and 2009/10.
Motion by Councilmember Davis. seconded by Councilmember
Holbrook, to approve the proposed settlement and direct the City
Manager to negotiate and execute any related 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-E: Conference with Legal Counsel -Existing Litigation:
Chubna et al. v. City Santa Monica, USDC Case No. CV09-5046
CBM (Ex).
ACTION: Not Heard.
2-F: Conference with Legal Counsel -Existing Litigation:
Harris v. City of Santa Monica, Case Number LASC BC 341 569
ACTION: Not Heazd.
2-G: Conference with Legal Counsel -Existing Litigation: In
the Matter of Compliance with Federal Obligations by the Cites
Santa Monica. California. FAA Docket No. 16-02-08
ACTION: Not Heard.
2-H: Conference with Legal Counsel- Existing Litigation_
United States of America and Peters v. City of Santa Monica
USDC, Case No. CV08-02695 CW(Exl
ACTION: Heard. No reportable action taken.
December 8, 2009
2-I: Conference with Real Property Negotiator
Property: 2211 Michigan
City Negotiator: Andy Agle, Dir. Housing and
Economic Development
Under Negotiation: Terms of Lease and/or
Purchase
Owner of Record/Lessee: Salenger Trust
ACTION: Heard. No reportable action taken.
ITEM 13-B HEARD OUT On order of the Mayor, and with consensus of Council, Item 13-B to
OF ORDER be heard concurrently with Item 2-C:
2-B: Public Employee Appointment.
Title: City Manager
Motion by Mayor Pro.Tem O'Connor. seconded by Councilmember
Bloom, to appoint Rodney Gould as the new City Manager. The
motion was approved by the following vote:
AYES: Councihnembers Bloom, Holbrook, Davis, Shriver,
McKeown, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Mayor Genser
CITY MANAGER 13-B: Request of Mayor Pro Tem O'Connor that the City
CONTRACT Council: (1) consider and approve contract terms for the
apppintment of a City Manager, including annual salary, the
provision of the same benefits as are provided to Department
Heads under the Executive Pay Plan, and relocation and housing
assistance; (2) authorize the Mayor or Mayor Pro Tem to execute
Contract No. 9158 (CCS) with the candidate selected to serve as
City Manager; {3) consider and approve terms of Contract No.
(CCS) with the present City Manager for his service as Acting
City Manager during the time between his retirement and the new
City Manager's assumption of office and authorize the Mayor or
Mayor Pro Tem to execute Contract No. 9159 (CCS) and any
related documents; and (4) consider and approve a modification
to the present City Manager's Contract No. 8531 (CCS) extending,
from two to five years, the period in which he must repay his
home loan and clarifying that the interest rate is the amount
specified in the loan documents, was presented.
There was no one present for public comment.
December 8, 2009
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember
Davis, to enter into an employment contract with Rodney Gould
similar to the contract with the present City Manager, including an
annual salary of $285,000 and the same benefits as other members of
the Executive Pay Plan; plus an immediate accrual ofthree-weeks'
vacation and twelve days of sick leave. In addition, because Mr.
Gould will be required to relocate and the City Council wishes him to
live in the City of Santa Monica the contract to provide for relocation
and housing assistance and for a home loan of up to $1.3 million at
3.27% interest, fixed (an interest rate that is below market but is more
than the City makes on its own funds) . The motion was approved by
the following vote:
3
i
AYES: Councilmembers Bloom, Holbrook, Davis, McKeown
Mayor Pro Tem O'Connor
NOES: Councilmember Shriver
ABSENT: Mayor Genser
Councilmember Shriver stated, for the record, that he means no
disrespect to Mr. Gould and that his "no" vote reflects a belief that,
given the economic times, there were some elements of the contract
that could have been negotiated more vigorously and the City would
have gotten a more reasonable deal.
Motion by Mavor Pro Tem O'Connor, seconded by Councilmember
Davis, to enter into a contract with current City Manager, P. Lamont
Ewell from January 1 through January 22, 2010, which would
compensate him at his currently hourly pay rate. 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
Motion by Mavor Pro Tem O'Connor, seconded by Councilmember
Holbrook, to modify the existing employment contract of current City
Manager, P. Lamont Ewell, to specify that he has up to five years from
date of retirement to buy out his home loan from the City. The motion
was approved by the following vote:
December 8, 2009
AYES: Councilmembers Bloom, Holbrook, Davis, Shriver,
McKeown, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Mayor Censer
ADMIN. PROCEEDINGS: 6-A: Appeal of Planning Commission approval of Conditional
1519 WILSHIRE Use Permit and Variance for The Parlor restaurant -
BOULEVARD recommendation to deny appea109APP-012 and uphold the Planning
Commission's approval of Conditional Use Permit 08-015 and
Variance 08-021 for The Parlor restaurant located at 1519 Wilshire
Boulevard based on proposed findings and conditions, was presented.
Motion by Councilmember Bloom. seconded by Mavor Pro Tem
O'Connor, to review the staff report, allow the appellant to speak, hear
public comment, allow the appellant the opportunity to rebut, then
return to Council in February 2010. The motion was unanimously
approved by voice vote, with Mayor Censer absent.
Stephen Jamieson, representative for the appellant, spoke in support of
the appeal of the project.
Members of the public Milan Cuejic, Tom Swanson, and Nancy
DesJardin spoke in support of the appeal. Members of the public
Mary Argimon, Alan Zebker, Jerry Rubin, Claire Ragge, Patti
Fitzgerald, Diane Krakower, and Diana Hart spoke in opposition to
the appeal.
Stephen Jamieson, representative for the appellant, provided a rebuttal
to the arguments against the appeal.
On order of the Mayor Pro Tem, this matter was continued to a future
meeting in February 2010.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2302 (CCS)
WATER entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CONSERVATION CITY OF SANTA MONICA UPDATING CHAPTER 8.108
SUBPART B OF THE SANTA MONICA MUNICIPAL CODE
RELATED TO LANDSCAPING, LANDSCAPE IRRIGATION AND
WATER CONSERVATION", was presented.
Motion b~Councilmember Davis, 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:
December 8, 2009
AYES: Councilmembers McKeown, Davis, Bloom, Shriver
Mayor Pro Tem O'Connor
NOES: Councilmember Holbrook
ABSENT: Mayor Genser
COMPETITIVE BIDDING 7-B: Introduction and first reading of an ordinance amending
Municipal Code Section 2.24.080 as it applies to exceptions to
competitive bidding, to allow the purchase of items that have been
competitively bid by agencies outside of the State of California,
was presented.
There was no one present for public comment.
Motion by Councilmember Holbrook, seconded bti Councilmember
Shriver, 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
NOES: None
ABSENT: Mayor Genser
STREET PERFORMERS 7-C: Introduction and first reading of an ordinance amending
Municipal Code Section 6.112.030 relating to street performance
to eliminate the requirement that a permit be obtained before
performing on any City sidewalk thereby only imposing a permit
requirement on the Pier, the Promenade, and the Transit Mall,
was presented.
Members of the public Vincent Garofalo, John Foster, and Michael
Cahn commented on vazious aspects of the proposed ordinance.
Motion by Councilmember Holbrook, seconded by Councilmember
Bloom, to introduce ordinance for first reading, reading by title only
and waiving fiu•ther reading thereof.
Motion to amend by Councilmember McKeown that the ordinance
does not apply in those hours before noon on the weekdays when
there's typically no one on the Pier or the promenade in the kinds of
numbers that create a safety issue.
Discussion ensued on the merits of the proposed amendment. The
amendment was accepted as friendly.
9 December 8, 2009
Sr. Land Use Attorney Barry Rosenbaum read the following added
ordinance language to Section 6.112.030(B), resulting from the above
amendment: "No permit shall be required if performance is conducted
on Monday through Friday, prior to 12:00 noon, and that day is not on
a holiday as defined in subsection `q."'
The motion; as amended, was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
Bloom, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Mayor Genser
STAFF ADMIN. ITEMS: 8-A: Outdoor Dining Standards for Ocean Avenue -
OUTDOOR DINING recommendation to consider whether the City's Outdoor Dining
STANDARDS Standards for Ocean Avenue should be clarified to expressly prohibit
roll down curtains, was presented.
Members of the public Mike Dobson; Jennifer Weaver, Doug Lodato,
Andrea Williamson, Cesar Armantes, Erick Mendez, Justin Leyvas,
Raffe Dermenjian, Gil Bindelgles, Jennifer Rush Morton, Kevin
Kozal, Philip Cummins, and Kelly Flynn spoke in opposition to
Council's recommendation.
Members of the public Kathleen Rawson and Erin Hand spoke in
support of the proposal and made suggestions.
Considerable discussion ensued on the merits of the proposal and on
the comments made by members of the public.
Motion by Councilmember Bloom, seconded by Councilmember
Davis, to direct staff to review the current ordinance and return with
possible revisions that provide for reasonably enforceable standards
that promote the goal of enlivening the pedestrian experience and
taking into consideration the unique weather conditions on Ocean
Avenue; and, that the public, restaurants, Architectural Review
Commission and/or the Landmarks Commission, at staffls discretion,
be involved. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor
NOES: Councilmember Shriver
ABSENT: Mayor Genser
10 December 8, 2009
Councilmember Shriver stated, for the record, that his "no" vote
reflects a belief the City risks creating unforseen problems and if
people who are acting in good faith were allowed to do their best
under the circumstances there would be no need to address the issue.
CONTINUING PAST Motion bYMayor Pro Tem O'Connor seconded by Councilmember
11:00 P.M. Davis, to continue with the remaining agenda items. The motion was
unanimously approved by voice. vote, with Mayor Genser absent.
PUBLIC HEARINGS 9-Ai Public Hearing for vacation of a portion of excess public
WOODLAWN right-of-way within Woodlawn Cemetery -recommendation to hold
CEMETERY VACATION a public hearing to receive comments regazding the proposed vacation
and adoption of Resolution No. 10447 (CCS) entitled: "A
Councilmember Shriver was RESOLUTION OF THE CITY OF SANTA MONICA ORDERING
excused at 11:20 p.m. VACATION OF A PORTION OF EXCESS PUBLIC RIGHT-OF-
WAY WITHIN WOODLAWN CEMETERY 1N THE CITY OF
SANTA MONICA," was presented.
Members of the public Michael Cahn and Brian Hutchings commented
on various aspects of the item.
Motion by Councilmember McKeown. seconded by Councilmember
Bloom, to approve recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor
NOES: Councilmember Shriver
ABSENT: Mayor Genser
COUNCILMEMBER 13-A: Annual appointment to one position on the Pier Restoration
DISCUSSION ITEMS: Corporation for a term ending on November 10, 2013.
ANNUAL APPOINTMENT
On order of the Mayor Pro Tem this matter was continued to January 10,
2010.
PUBLIC COMMENT Members of the public Pro Se; Denise Barton, Scott Baker, Faith
McDonald, Art Casillas, and Brian Hutchings commented on various
local issues.
11 December 8, 2009
ADJOURNMENT: On order of the Mayor Pro Tem, the City Council meeting was
adjourned at 11:34 p.m. in memory of Steve Meltzer.
_ ATTEST: APPROVED:
Maria M. Stewart ~ Pam O'Connor
City Clerk Mayor Pro Tem
12 December 8, 2009