M-042710CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 27, 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, Apri127, 2010, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pro Tem Pam O'Connor
Councilmember Richard Bloom
Councilmember Terry O'Day
Councilmember Robert T. Holbrook
Councilmember Gleam Davis
Councilmember Kevin McKeown
Councilmember Bobby Shriver (arrived at 6.•05 p. m.)
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
Acting City Clerk Beth Sanchez
Acting City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order ofthe Mayor Pro Tem, the City Council convened at 5:50 p.m, with
Councilmember Shriver absent. Councilmember O'Day led the assemblage
in the Pledge of Allegiance.
On order of the Mayor Pro Tem, and with consent of all members present,
Councilmember Holbrook was designated as the Vice Chairto assist with the
chairing of the Council meeting, as necessary.
CONSENT CALENDAR: Member of the public Joey Fullmer commented on various Consent
Calendar items.
Motion by Councilmember Davis, seconded by Councilmember
McKeown, 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,
Bloom, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Shriver
April 27, 2010
MINUTES 1-A: The minutes of the March 23, 2010, City Council meeting were
approved as submitted.
LANDFILL GAS 1-B: Landfill Gas Extraction System services -recommendation to
EXTRACTION SYSTEM authorize the City Manager to negotiate and execute a modification to
Professional Services Agreement No. 8672 (CCS), with ICF International,
in the amount of $212,000, for an additional year through March 31, 2011,
to operate, maintain, and monitor the landfill gas extraction system at the
City's Municipal Yard, was approved.
BALLONA CREEK 1-C: Compliance with Implementation Plan for the Bacterial, Metals
WATERSHED and Toxics Total Maximum Daily Load Requirements for Ballona Creek
-recommendation to authorize the City Manager to negotiate and execute
Memorandum of Agreement No. 9200 (CCS) with the City of Los Angeles
to produce an Implementation Plan to comply with the Los Angeles
Regional Water Quality Control Board's Bacterial, Metals and Toxics Total
Maximum Daily Load requirements for the Ballona Creek Watershed; and
approve expenditure of $3,511 to cover the cost of the MOA from the
Measure V account, was approved.
SIDE LOAD REFUSE 1-D: Purchase Three Automated Side Load Refuse Packer Units -
PACKER UNITS recommendation to award Bid No. 2997, to Boerner Truck Center, in the
amount of $810,107, for the purchase and delivery of three new and unused
automated side load refuse packer units, for the Solid Waste Division, was
approved.
FRONT LOAD REFUSE 1-E: Purchase Three Front Load Refuse Packer Units -
PACKER UNITS recommendation to award Bid No. 2998 to Boerner Truck Center, in the
amount of $760,812, for the purchase and delivery of three new and unused
front load refuse packer units, for the Solid Waste Division, was approved.
FOOD CONCESSION 1-F: Hot Dog on aStick-recommendationto authorize the City Manager
to negotiate and execute Concession Agreement No. 9201(CCS)withHDOS
Enterprises (Hot Dog on a Stick) for operation of a food concession at 1633
Ocean Front Walk, was approved.
PROFESSIONAL 1-G: Professional Assurance Services for Community Development
ASSURANCE SERVICES Program - recommendation to authorize the City Manager to negotiate and
execute professional services Agreement No. 9202 (CCS) with Levitt &
Rosenblum, CPAs, in the amount of $150,000, to provide professional
assurance services and fiscal evaluations ofnon-profit organizations funded
by the City's Community Development Program, was approved.
Apri127, 2010
WOODLAWN 1-H: Resolution modifying the name of the Woodlawn Cemetery -
CEMETERY recommendation to adopt Resolution No. 10468 (CCS) entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA MODIFYING THE NAME OF THE WOODLAWN CEMETERY
AND AUTHORIZING THE CEMETERY TO APPLY FOR MORTUARY
LICENSE WITH THE STATE OF CALIFORNIA DEPARTMENT OF
CONSUMER AFFAIRS TO OPERATE A FUNERAL
ESTABLISIIMENT", was adopted.
STATE PARKS ACCESSI-I: State Parks Access Initiative -recommendation to direct staff to
INITIATIVE work with the City's lobbyist, other impacted local entities and officials of
the State Department of Parks and Recreation to ensure that the interests
of the City as operators of the Santa Monica State Beach are protected
Councilmember Shriver under the proposed State Pazks Access Initiative, was approved.
arrived at 6.•OS p. m.
CLOSED SESSIONS: Members of the public John Steinbrun, Nancy Kamin, Jesse Bornstein,
Lisa Hughes, Cindy Hammer, Leslie Neale, and Rob Goldberg expressed
concerns regarding Item 2-C.
On order of the Mayor Pro Tem, the City Council recessed at 6:17 p.m., to
consider closed sessions and reconvened with all members present at 7:23
p.m., to report the following action taken:
2-A: Conference with pr
Property:
City Negotiator:
Under Negotiation:
Owner of Record:
operty negotiator:
1301-33 Fourth Street
Andy Agle, Dir., Housing &
Economic Dev.
Terms of Purchase
Virginia Tegner Spurgin Investment Co.,
LLC, Karl L. Schober, et. al
ACTION: The City Attorney reported this matter was heard and no
reportable action was taken.
2-B: Conference with property negotiator:
Property: 165419`h Street
City Negotiator: Andy Agle, Dir, of Housing &
Economic Dev.
Under Negotiation: Terms of Purchase
Owner of Record: Guntram and Liane Ossa Trust
ACTION: The City Attorney reported this matter was heard and no
reportable action was taken.
3 April 27, 2010
2-C: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b): 2510 7th Street
ACTION: 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)(1); and Initiation of Lifigation pursuant to
Government Code Section 54956.9(c): Benevolent and Protective
Order of Elks, Block 16 of the Woodlawn Cemetery.
ACTION: The City Attorney reported this matter was heard and no
reportable action was taken.
2-E: Conference with Legal Counsel -Existing Litigation: Ci of
Santa Monica v. B1ackRock et al, Los Angeles Superior Court Case
Number SC106784.
ACTION: The City Attorney reported this matter was heard and no
reportable action was taken.
2-F: Conference with Legal Counsel -Existing Litigation: Verizon
California Inc. v. City of Santa Monica, Los Angeles Superior Court
Case Number SC103614
Motion by Councihnember McKeown, seconded by Councilmember
Bloom, to approve Settlement No. 9203 (CCS), in the amount of
$106,320.27. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Holbrook, O'Day
Bloom, Mayor Pro Tem O'Connor
NOES: None
ABSTAIN: Councihnember Davis
ABSENT: None
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 another telephone company and, although the utility is not
apart of this litigation, being cautious, she refrains from participating in
the discussion.
4 Apri127, 2010
2-G: Conference with Legal Counsel -Existing
Litigation: Shakarian v. City of Santa Monica, Los Angeles Superior
Court Case Number SC104728
Motion by Councilmember Davis, seconded by Councilmember Bloom,
to approve Settlement No. 9204 (CCS) in the amount of $25,000. The
motion was approved by the following vote:
AYES: Councilmembers Bloom, O'Day, Holbrook, Davis, Shriver,
McKeown, Mayor Pro Tem O'Connor
NOES: None
ABSENT: None
2-H: 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.
Motion by Councilmember Holbrook, seconded by Councilmember
McKeown, to approve Settlement No. 9205 (CCS) in the amount of
$99,581. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
O'Day, Bloom, Mayor Pro Tem O'Connor
NOES: None
ABSENT: None
2-I: Conference with Legal Counsel -Existing Litigation: Chlubna
et al. v. Citv of Santa Monica, USDC Case No. CV09-5046 CBM (Ex).
ACTION: The City Attorney reported this matter was heard and no
reportable action was taken.
SPECIAL AGENDA 4-A: A commendation to the SAMOHI's Girls Basketball Team for
ITEMS: winning the CIF championship, was presented by Mayor Pro Tem
O'Connor.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2310 (CCS)
DEVELOPMENT entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AGREEMENT -SAINT SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT
MONICA'S HIGH BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL
SCHOOL CAMPUS CORPORATION, THE ARCHDIOCESE OF LOS ANGELES
EDUCATION AND WELFARE CORPORATION AND THE ROMAN
CATHOLIC ARCHBISHOP OF LOS ANGELES",approving Development
Apri127, 2010
Agreement No. 9206 (CCS) for a campus enhancement and parking..;---
improvementplan for the St. Monica Catholic Community ,was presented.)
There was no one present for public comment.
Motion by Councilmember Holbrook, 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, Shriver, Davis, Holbrook,
O'Day, Bloom, Mayor Pro Tem O'Connor
NOES: None
ABSENT: None
COOPERATIVE 7-B: Introduction and first reading of an ordinance amending
APARTMENT the definition of "Cooperative Apartment" in Municipal Code
Section 9.20.02.050(g), subject to the subdivision regulations of the
Santa Monica Municipal Code and adding Section 4.32.130(c)(4)
providing for an occupancy permit for property owned as an
undivided interest of land coupled with the unrecorded agreement
for the exclusive right of occupancy of four or fewer units
following withdrawal under the Ellis Act, was presented.
There was no one present for public comment.
Motion by Councilmember Holbrook, seconded by Councilmember
O'Dav, 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,0'Day, Holbrook, Davis,
Shriver, McKeown, Mayor Pro Tem O'Connor
NOES: None
ABSENT: None
8-A: Discussion of Development Agreement Concept Plans for
STAFF ITEMS: Agensys, Inc. Project at 1800 Stewart Street -recommendation that
1800 STEWART STREET Council review and comment on Agensys, Inc.'s Development
Agreement proposal; direct staff to pursue the Development
Agreement negotiation process; and, provide direction for negotiating
potential public benefits, appropriateness, and design alternatives
identified by the Planning Commission and staff, was presented.
Speakers Paul Cannon, Carlos, and Dale Goldsmith, representing
6 Apri127, 2010
Agensys, Inc., made a presentation in support of the proposal.
Members of the public Catherine Eldrige, Jerry Rubin, Kent
Strumpell, Bazbaza Filet, Michael Tarbet, Ted Winterer, and Dennis
Zane commented on various aspects of the proposal.
Discussion ensued on the merits of the proposal.
Motion by Councilmember Bloom. seconded by Councilmember
McKeown, to direct staff to continue the Development Agreement
negotiations prioritizing the creation of a robust local jobs program; to
further study the bike lane aspect; the potential of locating a car sharing
plan; provide way finding signage on the site; add an enhanced
transportation management program, and include a cafe that is accessible
to the public, in addition to recommendations by the Planning
Commission and staff.
Motion to amend was made by Councilmember McKeown to add to the
list proactive community involvement and outreach to neighborhood
groups.
The motion was accepted as friendly to the maker of the main motion.
Motion to amend by Councilmember Davis, to request the developer
establish a single point-of-contact in the community during the
construction phase and afterwards.
The motion was accepted as friendly to the maker and seconder of the
main motion.
Discussion ensued on .the merits of the motion. Mayor Pro Tem
O'Connor request adding to the priorities a Youth Education in Sciences
Program with Santa Monica High School or Santa Monica College.
The Mayor Pro Tem's request was accepted as friendly by the maker and
seconder of the main motion.
The motion, as amended, was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
O'Day, Bloom, Mayor Pro Tem O'Connor
NOES: None
ABSENT: None
7 Apri127, 2010
OCEAN PARK BLVD. 8-B: Ocean Park Boulevard Concept Design Approval -
PROJECT recommendation to: approve the integrated design for the Ocean Park
Blvd "Complete Green Street" project; adopt Resolution No. 10469
(CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA APPROVING OCEAN PARK
BOULEVARD IMPROVEMENTS PROJECT FOR PROPOSITION 1 B
FUNDING" and, directed the City Manager to negotiate and execute
professional services Agreement No. 9207 (CCS) with Kimley-Horn and
Associates, in the amount of $495,000, to provide the remaining
schematic design and construction documentation, was presented.
Members of the public, Bob Taylor, Dennis Allard, Jeff Jarow, Jerry
Rubin, David Auch, Lori Nafshun, Ted Winterer, Pauline Bohannon,
Michael Feinstein, and Richard McKinnon spoke in support of the
recommendation.
Motion by Councilmember McKeown, seconded by Councilmember
Shriver, to approve recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Bloom, O'Day, Holbrook, Davis,
Shriver, McKeown, Mayor Pro Tem O'Connor
NOES: None
ABSENT: None
20'$ STREET & 8-C: Concept Design for 20th Street & Cloverfield Boulevard
CLOVERFIELD BLVD. Improvement Project -recommendation to: approve the refined
PROJECT streetscape concept designs for the Project; and, authorize the City
Manager to negotiate and execute a modification to Contract No.
8581(CCS) with Ahbe Landscape Architects, in the amount of $175,000
for a total contract amount of $625,000, to include additional streetlight
circuit upgrades and traffic signal modifications, was presented.
Members of the public Art Casillas, Michael Cahn, and Kent Strumpell
commented on various aspects of the recommendation.
Motion by Councilmember McKeown. seconded by Councilmember
Bloom, to approve recommendation. The motion was approved by the
following vote:
AYES: Councihnembers McKeown, Shriver, Davis, Holbrook,
O'Day, Bloom, Mayor Pro Tem O'Connor
NOES: None
ABSENT: None
8 Apri127, 2010
PUBLIC HEARINGS: 9-A: Big Blue Bus Fare Restructuring and Strategies to Reduce
BBB FARE Structural Deficit -recommendation to hold a public hearing and
RESTRUCTURING receive public comment; approve changing the Big Blue Bus base fare
from $0.75 to $1.25 and other proposed discounted fare adjustments
effective August 29, 2010; and authorize the City Manager to negotiate
and execute Agreement No. (CCS) with L.A. County Metropolitan
Transportation Authority (Metro) to participate in the Rider Relief
Transportation Program, was presented.
Members of the public Joey Fullmer, Pro Se, Denise Barton, Louisa
Fish, Chuck Levin, Deremy McGowen, Vince Slevin, Jung Gatoona,
Jeny Rubin, Freida Dubin, Dennis Zane, Richard McKinnon, and Brian
Hutchings commented on various aspects of the proposed fare
restructuring.
Discussion ensued on the merits of the recommendation.
Motion by Councilmember McKeown, seconded by Councilmember
O'Day, to continue this item and remand the recommendation to staff to
come back with a revised proposal based on Council feedback, including
other revenue options, specific scenarios showing the impact of service
reductions, a better understanding and distribution of the day pass, and
other strategies to help reduce the structural budget deficit.
The motion was approved was approved by the following vote:
AYES: Councilmembers Bloom, O'Day, Davis, Shriver, Mayor
Pro Tem O'Connor
NOES: Councilmember Holbrook
ABSENT: None
CONTINUING PAST Motion by Councilmember McKeown, 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.
COUNCILMEMBER 13-A: Appointment to one unscheduled vacancy on the Recreation
DISCUSSION ITEMS: & Parizs Commission for a term ending on June 30, 2012.
UNSCHEDULED On order of the Vice Chair, the floor was opened for nominations.
VACANCY
Councilmember McKeown nominated Richard McKinnon
Councilmember Holbrook nominated Jean McNeil Wyner.
Mr. McKinnon was appointed by the following vote:
9 Apri127, 2010
McKinnon: Councilmembers Bloom, O'Day, Davis, Shriver,
McKeown, Mayor Pro Tem O'Connor
Wyner: Holbrook
Councilmember Holbrook requested to change his vote to Mr.
McKinnon. Thereby appointing Mr. McKinnon by a unanimous vote.
Councilmember Shriver and Mayor Pro Tem O'Connor excused herself from the meeting and
Mayor Pro Tem O'Connorrequested Councilmember Holbrook to chair the remainder of the
were excused at Il: 58 p. m. meeting. Councilmember Holbrook assumed the Chair.
BEEKEEPING 13-8: Request of Councilmember McKeown, pursuant to a
recommendation of the City's Task Force on the Environment, that
the Council direct staff to evaluate amendment or repeal of
Municipal Code 4.04.130, regarding beekeeping, and return to
Council with recommendations for possible action, was presented.
Members ofthe public David Williams and Brian Hutchings commented
on various aspects of the recommendation.
Motion by Councilmember McKeown, seconded by Councilmember
Bloom, to approve recommendation. The motion was unanimously
approved by the voice vote, with Councihnember Shriver and Mayor Pro
Tem O'Connor absent.
HOUSING -RELATED 13-C: Request of Councilmember McKeown that the Council
LEGISLATION authorize City of Santa Monica support for two housing-related bills
in the state legislature: AB2337 (Ammiano), prohibiting
Ca1PERS/CaISTRS investments in companies that operate
"predatory equity schemes" designed to profit from practices that
displace tenants from rent-controlled housing; and AB2743 (Nava),
prohibiting landlords from establishing rental policies that require
tenants or potential tenants to have pet animals devocalized or
declawed, was presented.
Member of the public Brian Hutchings commented on various aspects of
the recommendation.
Motion by Councilmember McKeown, seconded by-Councilmember
Davis, to approve recommendation. The motion was unanimously
approved by the voice vote, with Councilmember Shriver and Mayor Pro
Tem O'Connor absent.
RESIGNATION 13-D: Recommendation to accept Rebecca Holbrook's resignation
10 Apri127, 2010
from the Arts Commission and authorize the City Clerk to publish
the vacancy, was presented.
Motion by Councihnember McKeown, duly seconded, to approve
recommendation. The recommendation was approved by voice vote,
with Councilmember Shriver and Mayor Pro Tem O'Connor absent.
PUBLIC COMMENT: Members ofthe public Pro Se, Denise Barton, Louisa Fish, Mohammed
Pourrastegaz, Neil Evans, Vic Kakosian, Samuel Tesseme, Tejeri Abebe,
Getahun Asfaw, Tesfaye Wodeneh, Christine Redlin, Won Kang, Nick
Robison, David Shapiro, George Nazarian, Marilyn Weigner, Ellen
Poghosyan, and Brian Hutchings commented on various local issues.
ADJOURNMENT: On order of the Vice Chair, the City Council meeting was adjourned
at12:39 a.m, in memory of John Kissinger.
ATTEST:
Denise Anderson-Warren
Acting City Clerk
APPROVED:
Pam O'Connor
Mayor Pro Tem
,-, ~;
Bob Holbrook
Interim Vice Chair
11 Apri127, 2010