M-032310CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 23, 2010
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor at
5:50 p.m., on Tuesday, Mazch 23, 2010, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pro Tem Pam O'Connor
Councilmember Richazd Bloom (arrived at 6:25 p.m)
Councilmember Gleam Davis
Councilmember Kevin McKeown
Councilmember Terry O'Day
Councilmember Bobby Shriver
Absent: Councilmember Robert T. Holbrook
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 5:50 p.m,
with Councilmembers Holbrook and Bloom absent. Councilmember
Shriver led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: There being a Consent Calendar for each the City Council, the
Redevelopment Agency, and the Housing Authority, on order of the
Mayor Pro Tem and with the consensus of Councilmembers, the three
Consent Calendazs were to be heard concurrently.
Member of the public Kevin Kozal spoke in opposition to Item 1-C;
members of the public Michael Toney, Jerry Rubin, Joey Fullmer,
Lorenzo Gordon, and Heidi Gordon commented on various Consent
Calendar items.
Agency/Commissioner/Councilmember Davis requested to remove
Item 1-C from the Consent Calendar.
March 23, 2010
Motion by Agency/Commissioner/Councilmember McKeown,
seconded by Aeencv/Commissioner/Councilmember O'Day, to
approve all items on the Consent Calendar as presented except 1-C,
reading resolutions by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Agency/Commissioner/Councilmembers McKeown,
Shriver, Davis, O'Day, Chair Pro Tem/Mayor Pro Tem
O'Connor
NOES: None
ABSENT: Agency/Commissioner/Councilmembers Holbrook,
Bloom
MINUTES 1-A: The minutes of the March 9, 2010, City Council meeting were
approved as submitted.
SPECIALTY SPORTS 1-B: Agreements with Surf Academy, Inc., and Socceropolis for
AND CAMP CLASSES Specialty Camps and Classes -recommendation to authorize the
City Manager to negotiate and execute Agreement No. 9186 (CCS)
with Surf Academy, in the amount of $220,000 for FY 2010-11, with
renewal options; and Agreement No. 9187 (CCS) with Socceropolis,
in the amount of $220,000 for Fiscal Year 2010-11, with renewal
options, was approved.
JOINT MEETING WITH 1-D: Parking Structure 2 Seismic Retrofit -recommendation that
REDEVELOPMENT the City Council authorize the City Manager to negotiate and execute
AGENCY: Contract No. 9188 (CCS) with ICON West, in the amount of
PARKING STRUCTURE 2 $1,726,667, for the retrofit project; and, a construction management
Agreement No. 9189 (CCS) with Beezley Management, in the amount
of $175,000. And, recommendation that the Redevelopment Agency
and the City Council authorize the City Manager/Executive Director to
execute respective Agreement No. 9190 (CCS/RAS) for associated
costs of the project; and adopt Resolution No. 10464 (CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA CONSENTING TO THE USE OF
REDEVELOPMENT AGENCY FUNDS FOR THE SEISMIC
RETROFIT AND OTHER IMPROVEMENTS TO PARKING
STRUCTURE TWO AND MAKING CERTAIN FINDINGS
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445"
and Resolution No. 520 (RAS) entitled "RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SANTA
MONICA CONSENTING TO THE USE OF REDEVELOPMENT
AGENCY FUNDS FOR THE SEISMIC RETROFIT AND OTHER
March 23, 2010
IMPROVEMENTS TO PARKING STRUCTURE TWO AND
MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND
SAFETY CODE SECTION 33445", was approved.
JOINT MEETING WITH 1-E: Housing Authority Draft Administrative Plan -
HOUSING AUTHORITY: recommendation that the Housing Authority approve all proposed
ADMINISTRATIVE PLAN revisions to the Draft Administrative Plan and adopt the Plan, was
approved.
ADJOURNMENT OF On order of the Mayor Pro Tem, the special joint meeting with the
SPECIAL MEETING Redevelopment Agency and the Housing Authority was adjourned at
6:03 p.m., and the regular City Council meeting was reconvened with
Councilmembers Bloom and Holbrook absent.
1519 WILSHIRE BLVD. 1-C: Approval of Statement of Official Action denying Appeal
09-012 of Planning Commission's approval of Conditional Use
Permit 08-015 and Variance 08-021 for The Parlor restaurant at
1519 Wilshire Boulevard, was presented.
Councilmember Davis advised she removed this item from the
Consent Calendar to ask staff to respond to comments from members
of the public related to parking requirement issues. Staff clarified the
parking standards and requirements and replied to questions from
Councilmembers.
Senior Land Use Attorney Barry Rosenbaum suggested adding to
Condition 29, last paragraph, clarifying language as follows: "... if
additional off--site parking spaces are provided at a ratio of 1 parking
space per four seats." Mr. Rosenbaum also suggested adding to
Condition 33 of the Statement of Official Action the clarifying phrase
"which rights are not severable," to eliminate ambiguity.
Motion by Councilmember Davis. seconded by Mavor Pro Tem
O'Connor, to approve the recommendation amended to reflect Mr
Rosenbaum's suggested language clarifying the parking space
requirement and the addition to Condition 33. The motion was
approved by the following vote:
Mr. Rosenbaum commented on the need to approve the action that
Council took at the previous meeting
March 23, 2010
AYES: Councilmembers McKeown, Davis, O'Day
Mayor Pro Tem O'Connor
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: Councilmembers Holbrook, Bloom
CLOSED SESSIONS: Members of the public Stanley Epstein, Cindy Hammer, Jerry Rubin,
Naomi Shaver, and Jesse Bernstein commented on various Closed
Session Items.
On order of the Mayor Pro Tem, the City Council recessed at 6:21
Councilmember Bloom p.m., to consider closed sessions and reconvened at 7:45 p.m., with
arrived at 6:25 p. m. Councilmember Holbrook absent, to report the following action taken:
2-A: Conference with Real Property Negotiators
Property: 3221 Donald Douglas Loop
South
City Negotiator:
Under Negotiation:
Owner of Record:
Bob Trimborn,
Airport Manager
Terms of Lease
Brian Vidor
The City Attorney reported this matter was heard and there was no
reportable action taken.
2-B: Conference with Real Property Negotiators
Property: 401 Ocean Avenue
City Negotiator: Andy Agle, Director of
Housing and Economic
Development
Under Negotiation: Terms of Purchase
Owner of Record: Charles Morris
The City Attorney reported this matter was heard and there was no
reportable action taken.
2-C: Conference with Legal Counsel -Existing Litigation:
Chubna et al. v. Citv of Santa Monica USDC Case No. CV09-5046
CBM (Ex).
The City Attorney reported this matter was heard and there was no
reportable action taken.
March 23, 2010
2-D: Conference with Legal Counsel -Existing Litigation:
Flaxman v. City of Santa Monica, Los Angeles Superior Court
Case No. SC 101242
Motion by Councilmember McKeown, seconded by Councihnember
Davis, to approve Settlement No. 9191 (CCS) in the amount of
$35,000. The motion was approved by the following vote:
AYES: Councilmembers Bloom, O'Day, Davis, Shriver,
McKeown, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmembers Holbrook
2-E: Conference with Legal Counsel -Existing Litigation:
Caldwell v. City of Santa Monica, United States District Court
Case No. CV 08-07551 CJC (PJ~
Motion by Councilmember McKeown. seconded by Councilmember
Davis, to approve Settlement No. 9192 (CCS) in the amount of
$42,500. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, O'Day,
Bloom, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmembers Holbrook
2-F: Conference with Real Property Negotiator
Property: 2525 Michigan Avenue
City Negotiator: Andy Agle, Dir., Housing &
Economic Dev.
Under Negotiation: Interest in Real Property
Lessee of Record: Bergamot Station, LTD
The City Attorney reported this matter was heard and there was no
reportable action taken.
2-G: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9 (c): two cases.
The City Attorney reported this matter was heard and there was no
reportable action taken.
March 23, 2010
2-H: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9 (c): 1044 4th Street.
The City Attorney reported this matter was heard and there was no
reportable action taken.
2-I: 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 the 2510 7"' Street item was heard and
there was no reportable action taken.
STUDY SESSION: 3-A: Update on the 2010 Los Angeles Marathon, was presented
LA MARATHON by staff.
Kathleen Rawson, Alison Best, and Ben Franz-Knight commented on
various aspects of the marathon.
On order of the Mayor Pro Tem, the information was received and
filed.
SPECIAL ITEMS: 4-A: Mayor Pro Tem Pam O'Connor was presented an award
by Denny Zane, of Move L.A., for her leadership as an L.A.
County Metro Board Member.
ORDINANCES: 7-A: Introduction and first reading of an ordinance of the City
TAX CHALLENGE of Santa Monica amending Section 6.16.010 of the Municipal Code
PROCEDURES relating to challenges to taxes assessed by the City, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, 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 McKeown, Shriver, Davis, O'Day,
Bloom, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmembers Holbrook
6 March 23, 2010
STAFF ITEMS: 8-A: The Broad Foundations' Proposed Museum in Civic
BROAD MUSEUM Center -recommendation to approve agreements-in-principle
regarding the lease of Civic Center property for The Broad
Foundations' proposed art museum project and authorize the City
Manager to negotiate and execute an agreement providing for the
Foundations to reimburse any City expenditures in the event the
Foundations choose to locate the museum outside Santa Monica, was
presented.
Michael Toney, Jerry Rubin, Miranda Carroll, Asuka Hisa, Hara Beck,
Sonya Fox Sultan, Brian H., Walter Meyer, and Ben Handwerker
spoke in support of the recommendation and on various aspects of the
proposed museum.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve the recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Bloom, O'Day, Davis, McKeown,
Mayor Pro Tem O'Connor,
NOES: Councilmember Shriver
ABSENT: Councilmembers Holbrook
CAROUSEL FARE 8-B: Carousel Fare Adjustment and 2010 Twilight Dance Series
-recommendation to adopt Resolution No. 10462 (CCS) entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA REVISING THE PUBLIC RIDE FEE FOR THE
SANTA MONICA PIER CAROUSEL", was presented.
Valerie Griffin, Zina Josephs, and Michael Toney spoke against the
proposed faze adjustment. Jerry Rubin, Ben Franz-Knight, and Roger
Genser spoke in favor of the proposed fare adjustment.
Motion by Councilmember Bloom, seconded by Councilmember
Davis, to approve the recommendation, amended to direct staff to
return in one year with a status report and to make recommendations
on possible adjustments to the fees.
Motion by Councilmember Shriver, to approve recommendation
amending it to provide free rides for 5-year olds and under, and that
100% of the additional revenue be allocated to maintenance of the
Carousel and not to the Twilight Dance Series. The motion failed for
lack of a second.
Mazch 23, 2010
The main motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Bloom, Mayor Pro
Tem O'Connor
NOES: Councilmembers Shriver, O'Day
ABSENT: Councilmember Holbrook
PUBLIC HEARINGS: 9-A: Public Hearing and Adoption of Big Blue Bus Fare
BBB FARE ADJITSTMENTAdjustments -recommendation to hold a public hearing, receive
public comment and approve proposed bus fare adjustments to BBB
faze effective July 4, 2010; and authorize the City Manager to
negotiate and execute an agreement with the Los Angeles County
Metropolitan Transportation Authority to participate in the Rider
Relief Transportation Program.
On order of the Mayor Pro Tem, and at the request of staff, this matter
was continued to a future meeting.
CONTINUING PAST Motion by Mayor Pro Tem O'Connor, seconded by Councilmember
11:00 P.M. Davis, to continue with the remaining agenda items. The motion was
approved by voice vote, with Councilmember Shriver opposed and
Councilmember Holbrook absent.
COUNCILMEMBER 13-A: Annual appointment to one position on the Pier
DISCUSSION ITEMS: Restoration Corporation for a term ending on November 10, 2013
ANNUAL APPOINTMENT
On order of the Mayor Pro Tem, this matter was continued to a future
meeting.
MEASURE A 13-B: Request of Councilmember Davis that the Council adopt
Resolution No. 10463 (CCS) entitled, " A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA
SUPPORTING THE SANTA MONICA-MALIBU UNIFIED
SCHOOL DISTRICT'S PROPOSED QUALITY PUBLIC SCHOOLS
PRESERVATION ACT", was presented.
Members of the public Sonya Fox Sultan, Barry Snell, Shari Davis,
Rebecca Kennerly, Cynthia Torres, and Ben Allen spoke in support of
the recommendation.
Motion by Councilmember Davis, seconded by Mayor Pro Tem
O'Connor, to approve the recommendation. The motion was approved
by the following vote:
March 23, 2010
AYES: Councilmembers McKeown, Shriver, Davis, O'Day
Bloom, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Holbrook
SOLAR SANTA MONICA 13-C: Request of Councilmember McKeown to direct staff to
investigate ways to continue the highly successful Solar Santa
Monica program past this fiscal year, with the goal of making the
program self-funding, in keeping with the City's greenhouse gas
and other sustainability goals, pursuant to a recommendation
from the Task Force on the Environment, was presented.
Members of the public Brian Hutchings, Andrew Apter, Virginia
Hyatt, Angie Brooks, and Woodrow Clark commented on various
aspects of the recommendation.
Motion by Councilmember Davis, seconded by Mayor Pro Tem
O'Connor, to approve the recommendation. The motion was approved
by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, O'Day
Bloom, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Holbrook
PAPARAZZI 13-D: Request of Councilmember Bloom that the City Council
ORDINANCE direct the City Attorney to return with an ordinance restricting
photographers and videographers from blocking or otherwise
creating dangerous and/or intrusive conditions at pre-school
entrance and exit areas in order to protect the safety and privacy
of children entering or exiting said facilities.
On order of the Mayor Pro Tem, this matter was continued to a future
meeting.
LITIGATION 13-E: Request of Councilmember Bloom that the City Council
REIMBURSEMENT oppose that certain pending budget proposal from the Attorney
General that would require its clients to identify in advance of
each budget cycle the amount it proposes to reimburse the
Attorney General for litigation. If adopted, said proposal would
adversely affect the California Coastal Commission, the State
Lands Commission, the Bay Conservation and Development
Commission, and other regulatory agencies where the advance
March 23, 2010
identification of litigation costs would hamper enforcement and
defense of important environmental and other statutes. All of
these agencies support programs that are of great importance to
and integral to the quality of life of the residents of Santa Monica,
our business community and visitors. Please see the
accompanying letter from Sarah Christie, the Legislative Director
of the California Coastal Commission, for further information,
was presented.
Motion by Councilmember Bloom, seconded by Mayor Pro Tem
O'Connor, to approve the item. The motion was unanimously
approved by voice vote, with Councilmember Holbrook absent.
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 11:42 p.m. in memory of Sid Fleischman and Sarah
McInnis Richards.
ATTEST: APPROVED:
~~~_~ ..9
Maria Stewart i Pam O'Connor
City Clerk Mayor Pro Tem
10 March 23, 2010