M-030910CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 9, 2010
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor at
5:47 p.m., on Tuesday, March 9, 2010, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pro Tem Pam O'Connor
Councilmember Richard Bloom
Councilmember Gleam Davis
Councilmember Kevin McKeown
Councilmember Terry O'Day
Absent: Councilmember Robert T. Holbrook
Councilmember Bobby Shriver
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Maria Stewart
CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:47 p.m,
with Councilmembers Holbrook and Shriver absent. Councilmember
O'Day led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: Members of the public Joey Fullmer and Jerry Rubin commented on
various Consent Calendar items. Member of the public Ken Ward
spoke in support of Item 1-F.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve all items on the Consent Calendar as presented,
reading resolutions by title only and waiving fiirther reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, O'Day, Bloom,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmembers Holbrook, Shriver
MINUTES 1-A: The minutes of the February 9 and the February 23, 2010, City
February 23, 2010
Council meetings were approved as submitted.
TRANSIT COACHES AND 1-B: Purchase of five articulated CNG Transit Coaches and
SPARE PARTS spare parts -recommendation to authorize the City Manager to
negotiate and execute an amendment to Contract No. 9126 (CCS) with
North American Bus Industries Inc., in the amount of $4,898,946 to
purchase 5 low-floor articulated compressed natural gas transit
coaches and miscellaneous spare parts; and authorize the City
Manager to issue a Notice to Proceed, was approved.
CIVIC CENTER CAFE 1-C: Lease Agreement for Civic Center cafe - recommendation to
authorize the City Manager to negotiate and execute an amendment to
Lease Agreement No. 8982 (CCS) with High Rise Goodies Restaurant
Group d.b.a. Trimana Grill to restructure lease terms relating to the
formula for base rent and the duration of validated patron parking for
the cafe space in the Civic Center Parking Structure, was approved.
LUCE -EXPO LIGHT 1-D: Services related to the Land Use & Circulation Element
RAIL SERVICES implementation; Exposition Light Rail Planning and Design
Coordination; and Design Review -recommendation to authorize
the City Manager to negotiate and execute an amendment to Contract
No. 9058 (CCS) with the Phipps Group, in the amount of $100,000, to
develop implementation measures for neighborhood conservation and
historic preservation initiatives; and an amendment to Contract No.
8729 (CCS), in the amount of $225,000, to provide planning and
urban design services in conjunction with the above projects, was
approved.
POLICE MOBILE VIDEO 1-E: Police Department mobile video system - reconunendation
SYSTEM to authorize the City Manager to negotiate and execute Contract No.
9182 (CCS) with Insight Public Sector, in the amount of $275,000, for
purchase and maintenance of a mobile video system for use in police
vehicles, was approved.
MOUNTAIN VIEW 1-F: Mountain View Mobile Home Park property management
MOBILE HOME PARK -recommendation to authorize the City Manager to negotiate and
execute Contract No. 9183 (CCS) with Real Estate Consulting &
Services, in the amount of $1,425,741, to provide property
management services for the Mobile Home Park, was approved.
ASSESSMENT OF CITY 1-G: Condition Assessment and Analysis Study of City Facilities
2 February 23, 2010
FACILITIES -recommendation to authorize the City Manager to negotiate and
execute Contract No. 9184 (CCS) with Faithful+Gould, in the amount
of $281,621, for preparation of a facility condition assessment and
condition analysis study for 148 of the City's existing structures, was
approved.
CLOSED SESSIONS: Members of the public Corin Kahn, Anita Murphy, Barrett Carrere,
Pamela Hogan, Jessy Berstein, and Walt Zambas commented on
various Closed Session Items.
On order of the Mayor Pro Tem, the City Council recessed at 6:10
p.m., to consider closed sessions and reconvened at 7:06 p.m., with
Councilmembers Shriver and Holbrook absent, to report the following
action taken:
2-A: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9 (b): 2510 7th Street and 1236
25th Street.
The City Attorney reported this matter was heard and there was 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): one case.
The City Attorney reported this matter was heard and there was no
reportable action taken.
2-C: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9 (c): one case.
The City Attorney reported this matter was heard and there was no
reportable action taken.
2-D: Conference with Legal Counsel -Existing Litigation:
Chubna et al. v. City of Santa Monica, USDC Case No. CV09-5046
CBM (Ex).
The City Attorney reported this matter was heard and there was no
February 23, 2010
reportable action taken.
2-E: Conference with Real Property Negotiators
Property: 1336 Fifth Street
City Negotiator: Andy Agle, Director Housing
and Economic Development
Under Negotiation: Lease Modification
Lessee of Record: Hershey Associates
The City Attorney reported this matter was heard and there was no
reportable action taken.
TRIBUTE TO MAYOR 4-A: A memorial plaque, in tribute to the late Mayor Ken
KEN CENSER Censer, was presented by Ms. Nancy Greenstein on behalf of
Santa Monica-UCLA Medical Center and Orthopedic Hospital.
PROCLAMATION 4-B: Mayor Pro Tem O'Connor issued a proclamation declaring
March 2010 as Women's History Month and International
Women's Day in the City of Santa Monica.
ADMIN. PROCEEDINGS: 6-A: Appeal of Planning Commission approval of Conditional
APPEAL: 1519 WILSHIRE Use Permit and Variance for The Parlor restaurant (1519
Wilshire) - 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 based on draft
findings and conditions, was presented.
Chris Harding and Sherman Stacey, attorneys representing Appellant,
spoke in support of the appeal.
Members of the public Mary Argimon, Alan Zobker, Jerry Rubin,
Valerie Griffin, Heidi Gordon, Richard Knickerbok, Nikki Fernandez
and Ellen Hannan spoke in opposition to the appeal.
Members of the public Joyce Kelly, Day Vinson, Carolyn Covers, Pat
Gilfillan, and Rick Hadley spoke in support of the appeal.
Sherman Stacey provided a rebuttal to public comment.
Considerable discussion ensued on the merits of the appeal, on the
basis of the Planning Commission's action, and on the public
comment received.
4 February 23, 2010
Motion by Councilmember McKeown, seconded by Councilmember
O'Dav, to approve the recommendation, as revised by staff.
A lengthy discussion ensued on the merits of the motion and on
possible amendments.
Motion to amend by Councilmember Bloom to add language that prior
to final inspection the security plan shall be submitted to the Police
Chief to be approved and affirmed; and that if the plan fails, then the
Police Chief at his/her discretion will call for refining the security
plan; and that, for a period of five years, there shall be a compliance
review every 12 months after conferring with operator and residents.
The motion was accepted as friendly.
Motion to amend b~Councilmember Davis, to amend so that no
games concerning the consumption of alcohol on the premises be
allowed; and that the "last call" for drinks be eliminated. The motion
was accepted as friendly.
Motion by Councilmember Davis, seconded by Councilmember
O'Dav, to allow up to 175 dining seats, with the requisite parking.
The motion was approved by the following vote:
AYES: Councilmembers Davis, O'Day, Bloom, Mayor Pro
Tem O'Connor
NOES: Councilmember McKeown
ABSENT: Councilmembers Shriver, Holbrook
Councilmember McKeown stated, for the record, that his "no" vote
reflects a concern for the neighbors.
The main motion, as amended, was approved by the following vote:
AYES: Councilmembers Bloom, O'Day, Davis, McKeown,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmembers Shriver, Holbrook
February 23, 2010
APPEAL - 1047 9rg 6-B: Appeal of Landmarks Commission designation as City r
STREET Landmarks of the residential buildings located at 1047 9th Street
-recommendation to deny the appeal and designate the three
residential buildings at 1047 9th Street as City Landmarks based on
proposed findings, was presented.
Attorney Steve Kaplan, representing Appellant, spoke in support of
the appeal.
Member of the public Ellen Hannan spoke in support of the appeal.
Nina Fresco and Margaret Bach, representing the Landmarks
Commission, spoke in opposition of the appeal.
Steve Kaplan provided a rebuttal to the public comment.
Motion by Councilmember McKeown. seconded by Councilmember
Davis to approve staff recommendation and deny appeal based on
criteria numbers 1, 4, and 5, and on the proposed findings. The
motion failed by the following vote:
AYES: Councilmembers Davis, McKeown
NOES: Councilmembers Bloom, O'Day, Mayor Pro Tem
O'Connor
ABSENT: Councilmembers Shriver, Holbrook
Motion by Councilmember Bloom, seconded by Mayor Pro Tem
O'Connor, to designate the front house as a City Landmark but not the
two houses in the rear, and to Landmark the parcel. The motion failed
by the following vote:
AYES: Councilmembers O'Day, Bloom, Mayor Pro Tem
O'Connor
NOES: Councilmembers McKeown, Davis
ABSENT: Councilmembers Holbrook, Shriver
Motion by Councilmember Bloom, seconded by Mayor Pro Tem
O'Connor, to continue the matter.
Discussion ensued on the merits of the motion. After considerable
discussion, the motion was withdrawn.
February 23, 2010
There being no action taken on the matter due to the failure of the
motions, the Mayor announced that the Landmarks Commission
decision stands.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2306 (CCS)
HEARING OFFICER entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
AUTHORITIES CITY OF SANTA MONICA ADDING CHAPTER 1.14 TO THE
SANTA MONICA MUNICIPAL CODE RELATING TO HEARING
OFFICER AUTHORITIES AND DECISIONS", was presented.
There was no one present for public comment.
Motion b~Councilmember Davis ,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, O'Day, Bloom,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmembers Holbrook, Shriver
GROUND FLOOR 7-B: Second reading and adoption of Ordinance No. 2307 (CCS)
GENERAL OFFICE U5E entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 9.04.08.16.020 TO AUTHORIZE
THE RE-ESTABLISHMENT OF A GROUND FLOOR GENERAL
OFFICE USE FOLLOWING A PROPERTY'S USE BY A
CHARITABLE, YOUTH, OR WELFARE ORGANIZATION", was
presented.
There was no one present for public comment.
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, Davis, O'Day, Bloom,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmembers Holbrook, Shriver
February 23, 2010
USE OF MEDIAN STRIPS 7-C: Second reading and adoption of Ordinance No. 2308 (CCS)
AND PARKWAYS entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE 4.20.010 RELATING TO THE USE OF
MEDIAN PLANTING STRIPS AND PARKWAYS", was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, 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:
AYES: Councilmembers McKeown, Davis, O'Day, Bloom,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmembers Holbrook, Shriver
STAFF ADMIN ITEMS: 8-A: Commemoration of contributions of Former Mayor Herb
Katz and environmentalist Dorothy Green -recommendation to
commemorate Councilmember and former Mayor Herb Katz by
naming the off-leash area of Joslyn Park, Herb Katz Dog Park; and
commemorate environmentalist Dorothy Green by changing the name
of Beach Park #1 to Dorothy Green Park, was presented.
Members of the public Jerry Rubin, Joshua Green and Dana Katz
spoke in support of the proposal.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Bloom, O'Day, Davis, McKeown,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmembers Shriver, Holbrook
COUNCILMEMBER 13-A: Appointment to one annual vacancy on the Measure V
DISCUSSION ITEMS: Citizens Oversight Committee with a term ending on
ANNUAL APPOINTMENTDecember 31, 2011.
On order of the Mayor, the floor was opened for nominations.
February 23, 2010
Councilmember McKeown nominated Tom Ford.
There being no other nominations, Mr. Ford was appointed by
acclamation, with Councilmembers Shriver and Holbrook absent.
RESIGNATION 13-B: Recommendation to accept Lori Nafshun's resignation
from the Recreation and Parks Commission and authorize the
City Clerk to publish the vacancy, was presented
Motion by Mayor Pro Tem O'Connor seconded by Councilmember
Davis, to accept resignation. The motion was unanimously approved
by voice vote with Councilmembers Holbrook and Shriver absent.
ANNUAL APPOINTMENT 13-C: Appointment to one annual vacancy as the Santa Monica
representafive to the Los Angeles County West Vector Control
District Board of Trustees fora 2-year term ending on 12/31/2011
or a 4-year term ending on 12/31/2013.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem O'Connor nominated incumbent Nancy Greenstein
fora 4-year term. There being no other nominations, Ms. Greenstein
was appointed by acclamation, with Councilmembers Holbrook and
Shriver absent.
RECISION 13-D: Recommendation to rescind appointment of Richard
Gerwitz to the annual vacancy on the Pier Restoration
Corporation made on February 23, 2010, and consider new
appointment for a term ending on November 10, 2013.
Motion by Councilmember McKeown. seconded by Councilmember
Bloom, to rescind appointment due to Mr. Gerwitz's withdrawal of his
application. The motion was unanimously approved by voice vote,
with Councilmembers Shriver and Holbrook absent.
On order of the Mayor Pro Tem, appointment to the vacancy was
continued to a future meeting.
TWILIGHT DANCE 13-E: Request of Councilmember Bloom that: 1. The Council
SERIES allocate $35,000 in Council Discretionary funds as a matching or
challenge grant designed to leverage discretionary funds in order
maximize their utility to save this summer's Twilight Dance Series
on the Santa Monica Pier so that a minimum of 7 concerts can be
9 February 23, 2010
produced; 2. That staff be directed to work with the staff of the .-
Pier Restoration Corporation to achieve this goal; and 3. That
staff be directed to return to Council with analysis,
recommendations and actions necessary for possible revenue
neutral adjustments to assist in achieving this goal, was presented.
Members of the public Jerry Rubin, Bruce Cameron, Kent Smith and
Roger Genser spoke in support of the request.
Motion by Councilmember Bloom, seconded by Mayor Pro Tem
O'Connor, to approve recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Bloom, O'Day, Davis, McKeown,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmembers Shriver, Holbrook
PUBLIC COMMENT Members of the public Pro Se, Denise Barton, Daryl Bristol, Ellen
Hannan and Mark Gold commented on various local issues.
ADJOURNMENT: On order of the Mayor Pro Tem, the City Council meeting was
adjourned at 10:48 p.m. in memory of Bob Biniak.
--~ ATTES~ APPROVED:
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Maria Stewart Pam O'Connor
City Clerk Mayor Pro Tem
10 February 23,2010