M-012610CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 26, 2010
A regular meeting of the Santa Monica City Council was called to order by City Clerk Maria M. Stewart,
due to the absence of the Mayor and the Mayor Pro Tem, at 5:56 p.m., on Tuesday, January 26, 2010, at
City Council Chambers, 1685 Main Street.
Roll Call: Present: Councilmember Richard Bloom
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Bobby Shriver
Absent: Mayor Pro Tem Pam O'Connor
Mayor Ken Genser
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Maria Stewart
CONVENE/PLEDGE On order of the City Clerk, the City Council convened at 5:56 p.m, with
Mayor Pro Tem O'Connor and Mayor Genser absent. City Manager Rod
Gould led the assemblage in the Pledge of Allegiance.
APPOINTMENT OF Due to the absence of Mayor Pro Tem O'Connor and Mayor Genser, the
INTERIM CHAIR City Clerk asked for a nomination for an Interim Chair to preside over
the meeting.
Motion by Councilmember Shriver. seconded by Councilmember Davis
to appoint Councilmember Bloom as Interim Chair. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook
ABSTAIN: Councilmember Bloom
NOES: None
ABSENT: Mayor Pro Tem O'Connor, Mayor Genser
As a result of the vote, Interim Chair Bloom assumed the Mayor's seat.
January 26, 2010
RECOGNITION OF NEW Interim Chair Bloom acknowledged and welcomed new City Manager
CITY MANAGER Rod Gould.
CONSENT CALENDAR: Member of the public Joey Fullmer commented on the Consent
Calendar items.
Councilmember Shriver requested that item 1-A be removed from the
Consent Calendar and combined with Item 8-A.
Motion by Councilmember McKeown, seconded by Councilmember
Davis , to approve all items on the Consent Calendar as presented
except Item 1-A, reading resolutions by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
Interim Chair Bloom
NOES: None
ABSENT: Mayor Pro Tem O'Connor, Mayor Genser
LEGAL SERVICES 1-B: Provision of legal services - recommendation to authorize the
City Manager to negotiate and execute an amendment to Agreement
No. 9084 (CCS) with Liebert Cassidy Whitmore, in an amount not to
exceed $200,000, to provide legal services regarding disciplinary
matters for fiscal year 2009-2010, was approved.
430 PICO BLVD. 1-C: Recommendation to approve the Relocation Plan for
proposed affordable housing at 430 Pico Blvd., was approved.
CLOSED SESSIONS: Member of the public Corin Kahn expressed concerns regarding the
building permit status related to Item 2-D.
On order of the Interim Chair, the City Council recessed at 6:18 p.m., to
consider closed sessions and reconvened at 6:59 p.m., with Mayor Pro
Tem O'Connor and Mayor Genser absent, to report the following action
taken:
2-A: Conference with Legal Counsel -Existing Litigation: Harris
v. City of Santa Monica, Case Number LASC BC 341 569.
ACTION: Not Heard.
2-B: Conference with Legal Counsel -Existing Litigation: In the
Matter of Compliance with Federal Obligations by the City of Santa
January 26, 2010
Monica, California, FAA Docket No. 16-02-08.
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel-ExistingLitigation:United
States of America and Peters v. City of Santa Monica, USDC, Case
No. CV08-02695 CW (Ex).
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): 2510 7th Street.
ACTION: Heard. No reportable action taken.
2-E: Conference with Legal Counsel - Existing
Litigation: Gonzalez v. City of Santa Monica and MCO Phillip.
Washington, Los Angeles Superior Court Case Number LASC
099567.
Motion by Councilmember Davis, seconded by Councilmember
McKeown, to approve Settlement No. 91'11 (CCS) in the amount of
$55,000. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
Interim Chair Bloom
NOES: None
ABSENT: Mayor Pro Tem O'Connor, 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:
Kaufman v. City of Santa Monica, Los Angeles Superior Court Case
Number LASC 103030.
ACTION: Not Heard.
SPECIAL AGENDA 4-A: Recommendation to adopt Resolution No. 10451 (CCS)
ITEMS: entitled: "A RESOLUTION OF THE CITY COUNCIL DECLARING
3 January 26, 2010
CITY COUNCIL A VACANCY ON THE CITY COUNCIL, AND DISCUSSION OF
VACANCY OPTIONS AND PROCEDURE TO FILL VACANCY, AS
PROVIDED FOR IN SECTION 603 OF THE CITY CHARTER," was
presented.
Denise Barton, Jerry Rubin, Ben Handwerker commented on the
recent passing of Mayor Genser and the need to fill the vacant seat.
Motion by Councilmember Shriver, seconded by Councilmember
Holbrook, to declare Mayor Genser's seat vacant and adopt
Resolution No. 10451 (CCS) reading by title only and waiving further
reading thereof. The motion was approved by the following vote.
AYES: Councilmembers Holbrook, Davis, Shriver, McKeown,
Interim Chair Bloom
NOES: None
ABSENT: Mayor Pro Tem O'Connor
Discussion ensued on the application process to follow to fill the
vacancy and on the option of calling a special election
Motion by Councilmember McKeown. seconded by Interim Chair
Bloom, to reformulate the application to also solicit interest in other
volunteer opportunities in the City. The motion failed by voice vote
with Councilmembers Holbrook and Shriver voting in opposition, and
Mayor Pro Tem O'Connor absent.
Motion by Councilmember McKeown seconded by Interim Chair
Bloom, that whatever application form is used, that it be inclusive and
encourage applicants to express interest in opportunities other than
those of the Council seat.
Discussion continued on the appropriate process. After considerable
discussion it was the consensus of Council to table this item to later in
the meeting, after the 8-Items are considered.
ORDINANCES: 7-A: Ordinance modifying beach parking lot parking permits
LA MARATHON BEACH for 2010 Los Angeles Marathon; increase in beach and
PARKING downtown/Civic Center parking rates -recommendation to
introduce for first reading an ordinance modifying Municipal Code
Councilmember Holbrook Section 3.04.030 relating to beach parking lot parking permits; direct
was excused at 7:45 p. m. staff to return with a resolution to allow for overnight beach parking;
and approve proposed beach and downtown/Civic Center parking
rates, was presented.
4 January 26, 2010
There was no one present for public comment.
Motion by Councihember McKeown, seconded by Councilmember
Davis, to introduce this ordinance, reading by title only and waiving
further reading thereof, and approve recommendation. The motion
was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Interim
Chair Bloom
NOES: None
ABSENT: Councilmember Holbrook, Mayor Pro Tem O'Connor
STAFF ADMIN ITEMS: At the request of staff, and on order of the Interim Chair, Items 8-A
MID-YEAR 2009-10 and 8-B were heard concurrently with Item 1-A.
BUDGET
8-A: Mid-Year 2009-10 Budget - recommendation to: appropriate
Fiscal Year 2009-10 proposed budget changes and adjust revenue
budgets; adopt Resolution No. 10452 (CCS) establishing classification
and salary rates for various positions; approve proposed position and
classification changes; and adopt Resolution No. 10453 (CCS) setting
various parking permit fees, was presented.
FINANCIAL FORECAST 8-B: Five-Year financial forecast, public comment on budget
priorities, discussion of community priorities budget development,
and Community Development Grant Program and Cultural Arts
Organizational Support Program Grant Cycles -recommendation
to 1) receive the 5-Year Financial Forecast as background for develop-
ment of the FY2010-11 budget; 2) receive public comments on FY
2010-11 budget priorities, including CDBG and Home Investment
Parknership program funds; 3) direct staff on Community Priorities to
guide the development of the FY2010-11 budget and FY2011-12
budget plan; 4) renew grant funding for one year contingent upon
available funding and postpone the next grant cycle to begin FY2011-
12 for the Community Development Grant Program and Cultural Arts
Organizational Support Program, was presented.
ANNENBERG BEACH 1-A: Business development and marketing services for
HOUSE Annenberg Community Beach House -recommendation to
authorize the City Manager to negotiate and execute Contract No.
Councilmember Holbrook 9169 (CCS) with Hospitality Atelier in an amount not to exceed
returned at 8: 56 p. m. $59,600 for a total contract amount of $129,100, for business
development and marketing services associated with private events at
the Annenberg Community Beach House through June 30, 2010, was
presented.
January 26, 2010
Members of the public Mauricio Escobar, Jasmin Mier, Ashleigh
Rodriguez, Susie Lozano, Joshua Lozano, Jasmina Lozano, Frank
Suarez, Sr., Oscar de la Torre, Sigi Aguirre, Denise Barton, Michael
Toney, Jerry Rubin, Richard Cohen, Betsy Hiteshew, Irene Zivi, Judy
Alexander, Robert Kronovet, Zina Josephs, John Maceri, Judy Abdo,
Catherine Eldridge, and Albin Gielicz commented on various aspects
of the budget.
Discussion ensued on the budget presentations made for Items 8-A and
8-B including the current state of the economy, the City's financial
state and expected revenues and expenditures and on the comments
made by members of the public.
Motion by Councilmember Shriver, seconded by Councilmember
Holbrook, to approve recommendation for Consent Calendar Item 1-
A. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Davis, Shriver, McKeown,
Interim Chair Bloom
NOES: None
ABSENT: Mayor Pro Tem O'Connor
Motion by Councilmember McKeown. seconded by Councilmember
Davis, to approve recommendation on Item 8-A, including direction to
staff to return with solutions on how to implement the Sustainable
City Plan priority that the Council voted on twice which requires the
addition of a half full-time employee to the Office of Sustainability
and the Environment.
Discussion ensued on the direction added to the motion and its merits,
and on whether that decision should be made when the complete
budget is presented to Council. After considerable discussion,
Councilmember McKeown amended his motion to approve the
recommendation only, as follows:
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve recommendation on Item 8.
Discussion ensued on the motion. On order of the Interim Chair, the
above motion was momentarily tabled to consider the following
motion.
6 January 26, 2010
Motion by Councilmember Shriver, seconded by Councilmember
Holbrook, to direct staff to develop a plan for regularly returning to
Council about next year's budget prepazation and any adjustments that
might need to be made to the current budget. The motion was
unanimously approved by voice vote, with Mayor Pro Tem O'Connor
absent.
On order of the Interim Chair, Council returned to the main motion to
approve staff recommendation on Item 8-A. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
Interim Chair Bloom
NOES: None
ABSENT: Mayor Pro Tem O'Connor
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve recommendation on Item 8-B. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
Interim Chair Bloom
NOES: None
ABSENT: Mayor Pro Tem O'Connor
Motion by Councilmember McKeown, seconded by Councilmember
Shriver, to incorporate the "white paper" mentioned by member of the
public Frank Suarez, Jr., regarding youth violence into the community
priorities, and other issues commented on by Council during
discussion. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Davis, Shriver, McKeown,
Interim Chair Bloom
NOES: None
ABSENT: Mayor Pro Tem O'Connor
CUSTODIAL SERVICES 8-C: Custodial services at the Public Safety Facility (PSF) and
Pier -recommendation to review the cost/benefit analysis of
contracted and in-house custodial services at the PSF and Pier, and, if
appropriate, direct staff to proceed with actions necessary to contract
for custodial services; and, authorize the City Manager to extend the
term of the purchase order with High Tech Building Maintenance until
September 30, 2010, in an amount not to exceed $145,000 and extend
the term of the purchase order with LA Cha until September 30, 2010,
January 26, 2010
or until a new contract is awarded, whichever comes first, was
presented.
Motion by Councilmember Davis, seconded by Councilmember
Holbrook, to approve staff recommendation, amended to direct staff
that this matter be brought back to Council at budget review in January
of 2011. The motion was approved by the following vote:
AYES: Councilmembers Shriver, Davis, Holbrook, Interim
Chair Bloom
NOES: Councilmember McKeown
ABSENT: Mayor Pro Tem O'Connor
Councilmember McKeown stated, for the record, that his "no" vote
reflects a belief that jobs in the public sector should be public jobs and
that by outsourcing them the City validates and exacerbates the social
and economic inequities that the City should be trying to correct.
MEASURE VFIVE-YEAR 8-D: Approval of Measure V FY2010-11 through FY 2014-15
PLAN Five-Year Plan - recommendation to adopt the proposed five-year
plan for the purpose of implementing the City's Watershed
Management Plan, was presented.
Motion by Councilmember McKeown, seconded by Councilmember
Shriver, to approve staff recommendation. The motion was approved
by the following vote:
AYES: Councilmembers Shriver, Davis, Holbrook, McKeown,
Interim Chair Bloom
NOES: None
ABSENT: Mayor Pro Tem O'Connor
SPECIAL AGENDA 4-A: Recommendation to adopt Resolution No. 10451 (CCS)
ITEMS: declaring a vacancy on the City Council, and discussion of options
CITY COUNCIL and procedure to fill vacancy, as provided for in Section 603 of the
VACANCY CONT. City Charter, was returned for Council consideration.
Interim Chair Bloom requested Councilmember McKeown to re-state
his motion, and asked for a second to the motion.
Motion by Councilmember McKeown, that whatever application form
is used, that it be inclusive and encourage applicants to express
interest in opportunities other than those of the Council seat.
8 January 26, 2010
The motion died for lack of a second.
Motion by Councilmember Shriver, that people who are interested
may be asked to post that information on-line and make a statement of
their qualifications and notify the public that they will be contacting
Councilmembers with their interest, and invite the public to comment
on them as applicants.
The motion was seconded by Interim Chair Bloom, with the under-
standing that the communication will be provided by interested
applicants to the City Clerk.
The City Clerk clarified that the information provided by any applicant
will be optional, and no specific information will be requested. Any
information provided maybe made available to the public if the
applicant so wishes; and the applicant(s) will be contacting
Councilmembers directly with their interest.
Motion to amend by Councilmember Davis to set a deadline of
February 17th, by which to notify the City Clerk. The motion was
accepted as friendly. The motion, as amended, was approved by the
following vote:
AYES: Councilmembers Shriver, Davis, Holbrook, Interim
Chair Bloom
NOES: Councilmember McKeown
ABSENT: Mayor Pro Tem O'Connor
Councilmember McKeown stated, for the record, that his "no" vote
reflects a belief that the City Council failed to improve on the prior
process - an acknowledgment of expressed public concerns about it -
and have made this process happen further out of the public eye than it
did last time and failed to seize an opportunity to recruit volunteer
energy for boards and commissions.
COUNCILMEMBER 13-A: Annual Appointment to the Accessibility Appeals Board to
DISCUSSION ITEMS: one vacancy for a term ending June 30, 2013.
ANNUAL APPOINTMENT
Interim Chair Bloom noted that with the latest resignation this Board
has four vacancies and is now completely vacant; that historically, this
has been a difficult Board to fill and after consulting with legal staff,
proposes to direct staff to analyze options for integrating this Board
9 January 26, 2010
within other appropriate board or commission, or to propose other
options to deal with the difficulty of filling the Board. He added that
this appointment may be continued until such a time as staff returns
with options.
Motion by Interim Chair Bloom, seconded by Councilmember Shriver,
to direct staff as proposed above. The motion was unanimously
approved by voice vote, with Mayor Pro Tem O'Connor absent.
ANNUAL APPOINTMENT 13-B: Annual appointment to one position on the Pier
Restoration Corporation for a term ending on November 10, 2013.
On order of the Interim Chair, this matter was continued to February 9,
2010.
UNSCHEDULED 13-C: Appointment to one unscheduled vacancy on the Pier
VACANCY Restoration Corporation for a term ending on November 10, 2010.
On order of the Interim Chair, this matter was continued to February 9,
2010.
EARTH HOUR 2010 13-D: Request of Councilmember McKeown that the City
participate in the worldwide Earth Hour 2010 on March 27th,
turning off all non-essential lighting for one hour at 8:30pm local
time, to make a shared global statement of concern about energy use
and climate change, and to demonstrate a commitment to finding
solutions; and that the City urge Santa Monica businesses,
institutions and residents to participate as well, was presented.
Motion by Councilmember Shriver, seconded by Councilmember
McKeown, to approve request. The motion was unanimously approved
by voice vote, with Mayor Pro Tem O'Connor absent
ANNUAL VACANCIES 13-E: Appointment to two annual vacancies on the Measure V
Citizens Oversight Committee with terms ending December 31,
2011.
On order of the Interim Chair, the floor was opened for nominations.
Councilmember McKeown nominated Vanessa Meier, the incumbent.
Ms. Meier was reappointed to a second term ending December 31, 2011,
by acclamation, with Mayor Pro Tem O'CONNOR absent.
10 January 26, 2010
On order of the Interim chair, the second vacancy was continued to a
future meeting.
PUBLIC COMMENT Members of the public Pro Se, D'Lynn Waldron, Denise Barton, M.
Ross, Dylan, Nicole Daghrighian, Elisa Aquino, Art Casillas, Wendy
Radwan, Ayman Radwan, Ahmed Salem, Fouad Saneh, Don Alex, and
Richard Jones commented on various local issues.
ADJOURNMENT: On order of the Interim Chair, the City Council meeting was adjourned
at 11:37 p.m in memory of Robert Berke, Gerald McCabe, and Sherry
Kellogg.
-ATTEST: A ROVED:
~~~ ~
Maria Stewart 'chard Bloom
City Clerk Interim Chair
11 January 26, 2010