M-041310CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 13, 2010
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor at
5:48 p:m., on Tuesday, April 13, 2010, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pro Tem Pam O'Connor
Councilmember Gleam Davis
Councilmember Kevin McKeown
Councilmember Terry O'Day
Councilmember Bobby Shriver (arrived at 6:00 p.m.)
Councilmember Robert T. Holbrook
Absent: Councilmember Richard Bloom
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 5:48 p.m,
with Councilmembers Shriver and Bloom absent. Assistant City Attorney
Joe Lawrence 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.
Motion by Councilmember Davis, seconded by Councilmember
O'Day, to approve all items on the Consent Calendar as presented,
reading resolutions by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, O'Day
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmembers Shriver, Bloom
April 13, 2010
SOLID WASTE 1-A: Solid Waste Route Optimization Software and Field
MONITORING SYSTEM Monitoring System -recommendation to authorize the City Manager
to negotiate and execute Contract No. 9194 (CCS) with the Institute of
Information Technology, in the amount of $368,245, for route
optimization software, programming services, mobile field terminals
and annual software maintenance, was approved.
TRAFFIC SIGNAL 1-B: Traffic signal timing plan for Downtown Area -
TIMING PLAN recommendation to authorize the City Manager to negotiate and
execute Contract No. 9195 (CCS) with KOA Corporation, in the
amount of $150,000, for traffic signal timing plans for the Downtown
Area, was approved.
ONE-WHEEL LOADER 1-C: One wheel loader with multi-purpose bucket -
recommendation to award Bid No. 2992 to Bejac Corporation, in the
amount of $134,938, to furnish and deliver one new wheel loader with
multi-purpose bucket for the Street Maintenance Division, was
approved.
1047 9TH STREET 1-D: Approval of Statement of Official Action denying appeal of
Landmarks Commission approval of Certificate of
Appropriateness Application 09-015 for 1047 9`" Street, was
approved.
PUMP MAINTENANCE 1-E: Pump maintenance service, purchase and repair -
recommendation to award Bid No. 2999 to PumpMan, in the amount
of $850,000, for maintenance, repair services, and purchase of
replacement equipment, was approved.
BBB SIGNAGE 1-F: New on-street signage design for the Big Blue Bus -
recommendation to authorize the City Manager to negotiate and
execute Contract No. 9196 (CCS) with CHK America, in the amount
of $179,550, to develop and design new on-street bus stop signage and
for on-going maintenance services to support these signs during
service changes, was approved.
1543 11TH STREET 1-G: Recommendation to adopt Resolution No. 10465 (CCS)
entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING THE
FINAL SUBDIVISION MAP FOR TRACT NO.65423
TO SUBDIVIDE A PROPERTY AT 1543 11th", was approved.
2 April 13, 2010
PURCHASE OF 1-H: CARB Compressed Natural Gas (CNG) Service Truck -
NATURAL GAS recommendation to award Bid No. 2994 to Thorson Motor Center, in
the amount of $112,303.55, for the purchase and delivery of one
Councilmember Shriver CARB certified CNG-powered service truck with utility body for the
arrived at 6:00 p. m. Big Blue Bus, was approved.
DISCUSSION -ORDER Councilmember Shriver requested that the subject of Item 3-A was of
OF AGENDA a very important nature and that Radio Station KCRW did not begin
airing of the City Council meeting until 8:00 p.m. He requested the
item be postponed unti18:00 p.m., or after, in order for the discussion
be aired on KCRW. Discussion ensued.
Motion by Councilmember Shriver, seconded by Councilmember
O'DaX, to postpone consideration of Item 3-A unti18:00 p.m., or after.
The motion carried by voice vote, with Councilmember Bloom absent.
CLOSED SESSIONS: Members of the public Stanley Epstein, Lisa Hughes, Jesse Bernstein
and Joy Fullmer commented on various Closed Session Items.
On order of the Mayor Pro Tem, the City Council recessed at 6:11
p.m., to consider closed sessions and reconvened at 7:29 p.m., with
Councilmember Bloom absent, to report the following action taken:
2-A: Conference with Real Property Negotiators
Property: 3221 Donald Douglas Loop South
City Negotiator: Bob Trimborn, Airport Manager
Under Negotiation: Terms of Lease
Owner of Record: Brian Vidor
The City Attorney reported this matter was heard and no reportable
action was taken.
2-B: Conference with Legal Counsel -Anticipated
Litigation: Initiation of litigation pursuant to subdivision (c) of
Section 54956.9: one case.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
O'Connor, to approve authorization for staff to join an existing Public
Utilities Commission complaint regarding undergrounding of utilities.
The motion was approved by the following vote:
April 13, 2010
AYES: Councilmembers McKeown, Shriver, Holbrook,
O'Day, Mayor Pro Tem O'Connor
NOES: None
ABSTAIN: Councilmember Davis
ABSENT: Councilmember Bloom
Councilmember Davis stated for the record that she abstained because
she did not participate in the closed session discussion due to the fact
that she is employed by a utility and, although the utility is not a part
of this litigation, it may have some impact over the long term.
2-C: Conference with Legal Counsel -Anticipated Litigation:
Initiation of litigation pursuant to subdivision (c) of Section
54956.9: 1044 4th Street.
The City Attorney reported this matter was heard and no reportable
action was taken.
2-D: 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 that a settlement was reached on the 1236
25"' Street anticipated litigation. The anticipated litigation case on
2510 7`~ Street was not heard.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve settlement relative to 1236 25`~ Street as follows:
The owners of the property, having an estoppel claim against the City
relating to the expiration of their building perming, and wishing to
replace their home with three units (two to be occupied by family and
one rental) agree to pay the City $125,000 in affordable housing fees
and to start their construction promptly. The motion was approved by
the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
O'Day, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Bloom
April 13, 2010
2-E: Conference with Legal Counsel -Existing Litigation:
- Chlubna et al. v. City of Santa Monica, USDC Case No. CV09-
5046 CBM (Ex).
The City Attorney reported this matter was heazd and no reportable
action was taken.
2-F: Conference with Legal Counsel -Existing Litigation:
Griffin v. Citv of Santa Monica, United States District Court Case
No. CV 09-07545.
The City Attorney reported this matter was not heazd.
2-G: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9(b)(1); and Initiation of
Litigation pursuant to Government Code Section
54956.9(c): Benevolent and Protective Order of Elks, Block 16 of
the Woodlawn Cemetery.
The City Attorney reported this matter was not heard.
2-H: Conference with R<
Property:
City Negotiator:
Under Negotiation:
Lessee of Record:
al Property Negotiator
2525 Michigan Avenue
Andy Agle, Dir., Housing & Economic
Development
Interest in Real Property
Bergamot Station, LTD
The City Attorney reported this matter was heard and no reportable
action was taken.
2-I: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9(b)(1): In the Matter of
Operating Industries, Inc. Site, U. S. EPA Docket 2010-04.
The City Attorney reported this matter was heard and no reportable
action was taken.
SPECIAL AGENDA 4-A: Swearing in of new Fire Chief Scott Ferguson.
ITEMS:
April 13, 2010
OATH -NEW FIRE City Clerk Maria M. Stewart administered the oath of office to new
CHIEF Fire Chief Ferguson. City Councilmembers welcomed the Chief to the
City of Santa Monica.
PROCLAMATION: 4-B: Mayor Pro Tem O'Connor issued a proclamation
HOLOCAUST recognizing Holocaust Remembrance Day in the City of Santa
REMEMBRANCE DAY Monica. The proclamation was accepted by Sally Breiter, survivor of
the Holocaust.
ADMIN. ITEMS: 6-A: Appeal of Planning Commission approval of a Conditional
2219 OCEAN AVENUE Use Permit to operate a bed and breakfast facility at 2219 Ocean
Avenue - recommendation to deny appeal and uphold Planning
Commission's approval of Conditional Use Permit 09-005 for the
operation of a bed and breakfast facility based on the draft findings
and subject to the proposed conditions, was presented.
Appellant Scott Spell made a presentation in support of the appeal.
Applicant John K. Heidt made a presentation in opposition to the
appeal.
Members of the public Lillie Benzon, Michael Feinstein and Bob Sevy
spoke in support of the appeal and in opposition to the project.
Members of the public Ben Tarley, Mark Rothschild, Ronald Ross,
Peter Cartmell, Sebastian de Kleer and Nina Fresco spoke in support
of the project and in opposition to the appeal.
Applicant John K. Heidt provided a rebuttal to comments made by
Appellant and members of the public.
Appellant Scott Spell provided a rebuttal to comments made by
Applicant and by members of the public.
Motion by Councilmember Davis, seconded by Mayor Pro Tem
O'Connor, to deny appeal and add a condition to the Conditional Use
Permit that there be a minimum 4-day rental.
Discussion ensued on the merits of the motion.
Motion to amend by Councilmember O'Day, to add a condition of
having hourly check-ins in the evenings from someone on-site using a
security card swipe, and that there be a record of the card swipes that
can be reviewed by the City.
April 13, 2010
The motion was friendly to the maker and seconder of the main
motion.
The motion, as amended, failed by the following vote:
AYES: Councilmembers Davis, Mayor Pro Tem O'Connor
NOES: Councilmembers McKeown, Shriver, Holbrook, O'Day
ABSENT: Councilmember Bloom
Motion by Councilmember McKeown, to remand to the Planning
Commission with direction from Council to address the concern that a
bed and breakfast should include an on-going residential on-site
manager. There was no second to the motion.
Motion by Councilmember Shriver, to remand to the Planning
Commission asking the members to take consideration of all the views
expressed during the discussion and exercise their discretion. There
was no second to the motion.
Motion by Councilmember Davis, to remand to the Planning
Commission with direction that the Commission address the issue of
on-site management and examine methods of increasing the amount of
on-site management during the rental period above and beyond the
condition originally approved. There was no second to the motion.
Motion by Councilmember Shriver, seconded by Councilmember
McKeown, to remand to the Planning Commission with the direction
that they take into account the comments of the City Council during
the discussion. The motion was approved by the following vote:
AYES: Councilmember McKeown, Shriver, Davis, O'Day,
Mayor Pro Tem O'Connor
NOES: Councilmember Holbrook
ABSENT: Councilmember Bloom
STUDY SESSION: 3-A: Homeless Update, was presented.
HOMELESS UPDATE
Members of the public Albin Gielicz and Jerry Rubin commented on
various aspects of the subject matter.
Staff provided an update and answered questions of Councilmembers.
April 13, 2010
Discussion ensued. After discussion, on order of the Mayor Pro Tem,
the information was received and filed.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2309 (CCS)
TAX CHALLENGE entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
PROCEDURES CITY OF SANTA MONICA AMENDING SECTION 6.16.010 OF
ARTICLE 6 OF THE SANTA MONICA MUNICIPAL CODE,
RELATING TO CHALLENGES TO TAXES ASSESSED BY THE
CITY", was presented.
Motion by Councilmember McKeown. seconded by Councihnember
Davis, to adopt ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
O'Day, Mayor Pro Tem O'Connor
NOES: -None
ABSENT: Councilmember Bloom
DEVELOPMENT AGREE- 7-B: Development Agreement and Final Environmental Impact
MENT - ST. MONICA'S Report (EIR) for a campus enhancement and parking
HIGH SCHOOL CAMPUS improvement plan for the St. Monica Catholic Community
Campus at 725 California Avenue -recommendation to introduce
for first reading an Ordinance approving the Development Agreement
between the City, The Archdiocese of Los Angeles Education and
Welfare Corporation and the Roman Catholic Archbishop of Los
Angeles; adopt Resolution No. 10466 (CCS) entitled, "A
RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING
THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED
FOR THE ST. MONICA CATHOLIC COMMUNITY CAMPUS
ENHANCEMENT PROJECT LOCATED AT 725 CALIFORNIA
AVENUE; and, adopt Resolution No. 10467 (CCS) entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MAKING FINDINGS NECESSARY TO
APPROVE THE ST. MONICA CATHOLIC COMMUNITY
CAMPUS ENHANCEMENT PROJECT LOCATED AT 725
CALIFORNIA AVENUE, ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS, AND ADOPTING A
MITIGATION MONITORING PROGRAM, ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND
ADOPTING A MITIGATION MONITORING PROGRAM," were
presented.
April 13, 2010
Applicants Monsignor Lloyd Torgerson and Tom Zanic spoke in
support of the Development Agreement.
Members of the public Jerry Rubin, Mike Gruning, Fred Nosrati, Ed
Mooseburger, Susan Scarfia, Thomas Gasper and Suzanne Verge
spoke in support of the project.
Members of the public Ken Sherman, John Baron, Mick Hannoway,
Valerie Griffin, Sydney Hillery, Michael Cahn and Marc Porterheld
spoke in opposition to the project.
Motion by Councilmember McKeown. seconded by Councilmember
Shriver, to adopt Resolution No. 10466 (CCS), reading by title only
and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
O'Day, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Bloom
Motion b~ouncilmember O'Day. seconded by Councilmember
Davis, to adopt Resolution No. 10467 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
O'Day, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Bloom
Motion by Councilmember Shriver, seconded by Councilmember
Holbrook, to introduce ordinance for first reading, amended to specify
that the shared public is subject to review; to include the language
contained in Section A of "Exhibit A" attached to the letter submitted
by Saint Monica's, but deleting the phrase "more effectively";
including Section B of the same letter; and, amending the language as
suggested by Sr. Land Use Attorney Barry Rosenbaum correcting the
reference to the Roman Catholic Archbishop being anon-profit
religious corporation, to being a California Corporation Sole. The
ordinance was introduced reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
9 April 13, 2010
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
O'Day, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Bloom
STAFF ITEMS: 8-A: Farmers Market Rules regarding prepared food vendors -
FARMERS' MARKF,T recommendation to: adopt Section 2.3.2 of the Rules, Regulations and
PREPARED FOOD Policy Guide relating to the recruitment and operation of prepared and
RULES pre-packaged food; approve the proposed selection criteria weighting
structure; and approve the amended prepared and pre-packaged food
stall rates and fees, 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 Bloom absent.
JOINT MEETING - On order of the Mayor Pro Tem, the regular City Council meeting
REDEVELOPMENT recessed to a special joint meeting with the Redevelopment Agency at
AGENCY: 11:3'7 p.m., with Councilmember Bloom absent.
PALISADES GARDEN 8-B: Palisades Garden Walk & Town Square -recommendation
WALK AND TOWN that City Council authorize the City Manager to negotiate and execute
SQUARE Contract No. 9198 (CCS) with James Corner Field Operations, in the
amount of $3,200,000, for design and construction bid document
preparation for the project; that the City Council and the Redevelop-
ment Agency authorize the City Manager/Executive Director to
execute Reimbursement Agreement No. 9199 (CCS/RAS) between the
City and the Redevelopment Agency for costs associated with the
scope of work of the project, was presented.
Members of the public Jerry Rubin, Will Wright and John Case spoke
in support of the project.
Motion by Agency/Councilmember McKeown, seconded by
Agency/Councilmember Davis, to approve the recommendation. The
motion was approved by the following vote:
AYES: Agency/Councilmembers McKeown, Davis, O'Day
Chair/Mayor Pro Tem O'Connor
NOES: Agency/Councilmembers Shriver, Holbrook
ABSENT: Agency/Councilmembers Bloom
10 April 13, 2010
ADJOURNMENT OF On order of the Mayor Pro Tem, the special joint meeting of the City
JOINT MEETING Council and the Redevelopment Agency adjourned at 12:45 a.m.
PUBLIC COMMENT: Members of the public Denise Barton, Pro Se, Stanley Epstein, and
Michael Toney commented on various local issues.
ADJOURNMENT: On order of the Mayor Pro Tem, the City Council meeting was
adjourned at 12:50 a.m. in memory of James Stellar, Emily Shane, and
the 12 million people who died in the Holocaust.
ATTEST: APPROVED:
~ ~
Maria Stewart Pam O'Connor
City Clerk Mayor Pro Tem
I 1 April 13, 2010