M-11/22/2005 (2)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 22, 2005
A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at
5:45 p.m., on Tuesday, November 22,2005, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Pam O'Connor
Mayor Pro Tern Herb Katz
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Bobby Shriver (arrived at 7:00 p.m.)
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE
CONSENT CALENDAR:
MINUTES
On order of the Mayor, the City Council convened at 5:45 p.m., with
Councilmember Shriver absent. Councilmember Holbrook led the
assemblage in the Pledge of Allegiance.
Member of the public Pro Se spoke in support ofItem I-D. Member of the
public Joey Fullmer expressed various concerns.
At the request of Council member Genser, Items I-D, I-F and I-L were
removed from the Consent Calendar.
At the request of Councilmember McKeown, Item I-J was removed from
the Consent Calendar.
Motion by Mayor Pro Tern Katz. seconded by Councilmember Genser, to
approve the Consent Calendar, except for Items I-D, I-F, I-J and l-L,
reading resolutions by title only and waiving further reading thereof The
motion was approved by the following vote:
1
November 22,2005
AYES:
Councilmembers Genser, Holbrook, McKeown, Bloom,
Mayor Pro Tern Katz, Mayor O'Connor
None
Councilmember Shriver.
NOES:
ABSENT:
I-A: The minutes of the October 25,2005, City Council meeting, were
approved as submitted.
STREET & PARKING
LOT REPAIR
I-B: Annual Street and Parking Lot Repair and Resurfacing Project
- recommendation to authorize the City Manager to negotiate and execute
Contract No. 8526 (CCS) with Security Paving, in the amount of
$8,332,266; Contract No. 9527 (CCS) with Caltrop Engineering, in the
amount of $531,000, for construction management services; and appropriate
$670,000 as proposed, was approved.
STORM DRAIN
EASEMENTS
l-C: Resolution authorizing acquisition of storm drain easements in
the new CiVIC Center Parking Structure site, from the State of
California's Department of Transportation - recommendation to adopt
Resolution No. 10083 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA TO, AUTHORIZE THE CITY MANAGER TO
EXECUTE A CERTIFICATE OF ACCEPTANCE AND PURCHASE
AGREEMENT NO. 8528 (CCS) FOR THE ACQUISITION, AND TO
NEGOTIATE AND EXECUTE RELINQUISHMENT OF STORM
DRAIN EASEMENTS," was approved.
921 19th STREET
l-E: Statement of Official Action for 92119th Street-
recommendation to approve the Statement of Official Action taken
designating the property as a City Landmark, was approved.
PARKING OPERATIONS I-G: Amendment to Parking Operations Contract and resolution
AND FEES setting library parking structure fees - recommendation to authorize the
City Manager to execute an amendment to Contract No. 8360 (CCS) with
Parking Management Services, in the amount of $220,945, for operation of
the Library Parking Structure, Main Street, and Ocean Avenue lots, and
additional services; approve budget appropriations; and adopt Resolution
No. 10084 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA SETTING LffiRARY STRUCTURE FEES," was approved.
PLANNING SERVICES I-H: Contract amendment for interim planning services-
recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 8530 (CCS) with Civic Solutions, Inc., in the
amount of $75,000, to provide interim planning services for the Planning
Division, was approved.
2
November 22, 2005
VIRGINIA A VENUE
PARK
SMPOA - MOU
I-I: Virginia Avenue Park Expansion Project - recommendation to
authorize the City Manager to negotiate and execute an amendment to
Contract No. 7982 (CCS) with Koning Eizenberg Architecture, in the
amount of $35,000, for additional design services; and an amendment to
Contract No. 8267 (CCS) with Black and Veatch, in the amount of $96,000,
for additional construction management services for the project, was
approved.
1-K: Resolution No. 10085 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
SANTA MONICA POLICE OFFICERS ASSOCIATION," was adopted.
EXECUTIVE PAY PLAN 1-M: Resolution No. 10086 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE PAY
PLAN," was adopted.
CITY HALL - SEISMIC
RETROFIT
COMPUTERS - NEW
LffiRARY
Counci/member Holbrook
was excused at 5:52 p.m.
1-D: Seismic retrofit of City Hall- recommendation to authorize the
City Manager to negotiate and execute Contract No. 8529 (CCS) with
Black and Veatch, in the amount of$875,000, to provide engineering and
architectural services for the project, was presented.
Councilmember Genser advised he removed this matter from the Consent
Calendar to ask questions related to plans for reuse of City Hall. Staff
advised project would include work on floorplates, within crawl spaces and
walls only, and would not impact the exterior or displace employees.
Motion by Mayor Pro Tern Katz, seconded by Mayor O'Connor, to approve
recommendation. The motion was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Genser,
Mayor Pro Tern Katz, Mayor O'Connor
None
Councilmember Shriver
NOES:
ABSENT:
I-I: Computer Equipment for the New Main Library-
recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract 8284 (CCS) with Gateway Companies, in the
amount of $240,000, to purchase 150 additional computers for the new
Main Library, was presented.
3
November 22,2005
Councilmember McKeown advised he removed this item from the Consent
Calendar to comment on the fact that this purchase of computers with the
same system creates a digital mono culture, and that the whole system could
be taken down by a single virus. He added he does not support this
purchase. Staff provided clarifying information and replied to questions
from Councilmembers.
Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, to approve
staff recommendation. The motion failed by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Mayor Pro Tern Katz
Councilmembers McKeown, Genser, Mayor O'Connor
Councilmembers Shriver, Holbrook
On order of the Mayor, and with consensus of Council, this matter put over
until Councilmember Holbrook returns.
20th STREET AND
CLOVERFIELD
I-L: 20th Street and Cloverfield Boulevard Improvements Project -
recommendation to authorize the City Manager to negotiate and execute a
contract with Amphion Environmental, in the amount of $450,000, to
provide engineering, design and community outreach services for the
project, was presented.
Councilmember Genser advised he removed this item from the Consent
Calendar because, based on the report, the matter has not had public input,
and because he has concerns about the firm in question.
Discussion ensued on the concerns expressed. Staff replied to questions of
Councilmembers.
On order of the Mayor, and at the request of staff, this matter was
withdrawn to allow time for staff to return with additional information on
the work done on the project so far.
COMPUTERS - NEW I-J: Computer Equipment for the New Main Library-
LmRARY (CONTINUED) recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract 8284 (CCS) with Gateway Companies, in the
Council member Holbrook amount of $240,000, to purchase 150 additional computers for the new
returned at 6:05 p.m. Main Library, was presented.
Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, to
reconsider motion made earlier. The motion was unanimously approved by
voice vote, with Councilmember Shriver absent.
4
November 22, 2005
Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, to approve
staff recommendation. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, Bloom, Mayor Pro Tern Katz,
Mayor O'Connor
Councilmembers Genser, McKeown
Councilmember Shriver
125 PACIFIC STREET I-F: Statement of Official Action for 125 Pacific Street-
recommendation to approve the Statement of Official Action taken
Counci/member Genser was designating the property as a City Landmark, was presented.
excused at 6:08 p.m.
Councilmember Genser advised he had a conflict of interest with this matter
and requested to be excused.
Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, to approve
recommendation. The motion was approved by the following vote:
On order of the Mayor, the City Council recessed at 6:09 p.m., to hear
closed sessions, and returned at 7: 15 p.m., with all members present to
report the following:
AYES:
NOES:
ABSTAIN:
ABSENT:
CLOSED SESSIONS:
Council member Genser
returned at 6:09 p.m.
Councilmembers Bloom, Holbrook, Mayor Pro Tern Katz,
Mayor O'Connor
None
Councilmember McKeown
Councilmembers Shriver, Genser
Counci/member Shriver
arrived at 7:00 p.m.
2-A: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. P.c.. Case No., BC 315186.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Gloria
George v. City of Santa Monica, Case No. SC 080 914
ACTION:
Not heard.
2-C: Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9(b): three cases, including a dispute
related to use of Airport Avenue by Santa Monica College for its
Bundy Campus.
5
November 22, 2005
APPOINTMENT OF
CITY MANAGER
ACTION:
Two cases heard. No reportable action taken.
Mayor O'Connor announced that this item would be heard concurrently
with Item 13-F.
2-D: Public Employee Appointment
Title: City Manager
13-F: Request of Mayor O'Connor and Council Member Holbrook
that the City Council 1) consider contract terms for the appointment of
a City Manager including a salary of $245,000 annually, those benefits
provided to department heads of the City under the Executive Pay Plan
and relocation assistance including the option of a housing loan; 2)
authorize the Mayor to execute Contract No. 8531 (CCS) with the City
Manager selected; and 3) authorize the Mayor to execute pay
documents to effect an "acting" appointment for the period between
retirement of the current City Manager and assumption of office by the
new City Manager, with compensation set at that of the current City
Manager.
Mayor O'Connor announced that after an extensive nation-wide search the
City Council came to a unanimous choice in the selection Mr. Lamont
Ewell, current City Manager of the City of San Diego, to succeed retiring
City Manager Susan McCarthy.
Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, to appoint
Lamont Ewell as the City Manager of the City of Santa Monica and to
authorize a contract and the terms outlined in Item 13-F. The motion was
approved by the following vote:
AYES:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
Motion by Mayor O'Connor, seconded bv Councilmember Holbrook, to
authorize the Mayor to execute pay documents to effect an "acting"
appointment, for Assistant City Manager Gordon Anderson, for the period
between retirement of the current City Manager and assumption of the office
by the new City Manager, with compensation set at that of the current City
Manager. The motion was approved by the following vote:
6
November 22, 2005
AYES:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
2-E: Conference with Legal Counsel - Existing Litigation: Roberta
Cohan v. City of Santa Monica, Case No. SC 083 448.
Action taken on this matter was reported at the end of the meeting.
CONTINUED ITEMS:
CONVENTION AND
VISITORS BUREAU
5-A: Composition of the Convention and Visitor's Bureau (CVB)
Board of Directors, was presented.
Members of the public Rodney Punt, Jerry Rubin, and Mary Ann Powell
commented on various aspects of the matter.
Discussion ensued on the policy and practice of appointing members to this
organization by the City Council and by the Chamber of Commerce, on the
City's continued funding for CVB, on the Chamber's political activity, and
on the possible conflict of interest between the Chamber's political activity
and their right to appoint members to the CVB, which operates under City
funding.
Motion by Councilmember GenseL seconded by Councilmember McKeo:w,
to ask the CVB to revisit the issue of the appointing policy, focusing on the
City's need to maintain an arm's length relationship with the Chamber of
Commerce. The motion failed by the following vote:
ABSENT:
Councilmembers Bloom, McKeown, Genser
Councilmembers Holbrook, Shriver, Mayor Pro Tern Katz,
Mayor O'Connor
None
AYES:
NOES:
CODE ENFORCEMENT 5-B: FY 2005-2006 Code Enforcement Program and Priorities -
recommendation to hold discussion and give direction to staff regarding
priorities and allocation of Code Compliance resources, was presented.
Members ofthe public Joey Fullmer, A. Holcomb, and Michael Tarbet
expressed various concerns related to City enforcement.
Discussion ensued on the information presented and public comment related
to the Department's enforcement priorities, funding, available personnel,
existing backlog and needs, and on future planning.
7
November 22,2005
ADMIN. ACTIONS:
1248-1260 19TH STREET -
UNITARIAN CHURCH
Mayor Pro Tern Katz was
excused at 11:30 p.m.
Motion by Councilmember Shriver. seconded by Mayor Pro Tern Katz, to
ask staff to return with a budget, that can be financial, personnel, or focu s-
based, for what activities are realistically possible with a given number of
staff members; with information on if, and how many, more employees may
be needed to address the priorities; and with the report to include a
description of efficiency protocols. The motion was unanimously approved
by voice vote, with all members present.
6-A: Appeal of Planning Commission's approval of CUP and
Variance at 1248-1260 18th Street for Unitarian Universalist
Community Church - recommendation to deny appeal and uphold
Planning Commission's approval of the project based upon the proposed
findings and conditions of approval.
Applicant: Unitarian Universalist Community Church
Appellant: Blair Calderhead
The report was presented by staff. Staff answered questions of
Councilmembers.
Appellant Blair Calderhead and Y oulie Chong spoke in support of the
appeal.
Ralph Mechur, representing the Applicant, spoke in opposition of the
appeal.
Members of the public Susan McCarrey, Emily Hero, Catherine Farmer,
Judith Meyer, Rick Cook, Jerry Rubin, Keith Ludowitz, Abby Arnold, Pat
Parkerton, and Jim Conn spoke in opposition ofthe appeal.
Members of the public Lawrence Allen, John Petz, Peggy Mollin, Larry
Mollin, Cathy Milliken, Evelyn Jerome, Marguerite Tanaka, Brent Norland,
Shannon Dittbrenner, Geoffrey Stems, Azia Calderhead, anc Chuck Allord
spoke in support of the appeal.
Blair Calderhead and Ralph Mechur provided rebuttals to comments made
during public comment.
Councilmember Shriver was On order of the Mayor, and with the consensus of Council, the public
excused at 11:40 p.m. hearing was closed and due to the lateness of the time, discussion and action
on the appeal will be continued to a future meeting.
8
November 22,2005
STAFF ITEMS: 8-A: Community Gardens proposed rules and regulations-
COMMUNITY GARDENS recommendation that Council approve the proposed rules and regulations
for the operation of the City's Community Gardens.
SMPD VEmCLE
DESIGN
PUBLIC HEARINGS:
URBAN WATER
MANAGEMENT PLAN
Council member Holbrook
was excused at J 2: J 2 a.m.
WRITTEN REQUESTS:
DOG ADOPTIONS
On order of the Mayor, this matter was continued to a future meeting as a 5
item.
8-B: Police Department's new vehicle design - recommendation to
consider the redesign of Police patrol vehicles.
On order of the Mayor, this matter was continued to a future meeting.
9-A: 2005 Urban Water Management Plan - recommendation to hold a
public hearing, receive input, adopt Resolution No. 10087 (CCS) entitled:
"A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING
THE 2005 URBAN WATER MANAGEMENT PLAN AND
AUTHORIZING THE WATER RESOURCES MANAGER TO FILE THE
PLAN WITH THE CALIFORNIA DEPARTMENT OF WATER
RESOURCES," was presented.
There was no one present for public comment.
Motion by Councilmember Bloom, seconded by Councilmember Genser, to
approve recommendation and adopt resolution, reading by title only and
waiving further reading thereof The motion was approved by the following
vote:
AYES:
Councilmembers Genser, McKeown, Bloom, Mayor
O'Connor
None
Councilmembers Holbrook, Shriver, Mayor Pro Tern Katz
NOES:
ABSENT:
12-A: Request of Nancy SarnotTto address Council to ask for
assistance in obtaining either a permit or a business license to allow her
to continue with her non-profit volunteer work of finding homes for
homeless dogs.
On order of the Mayor, and at the request of Ms. Sarnoff, this matter was
continued to December 13, 2005.
9
November 22, 2005
COUNCIL ITEMS:
SENIOR COMMUNITY
COMMISSION
PRC
SOCIAL SERVICES
COMMISSION
WEST L.A. VETERANS
ADMINISTRATION -
ENHANCED SERVICES
CONTINUED ITEM FOR
12/13 MEETING
13-A: Appointment to one special vacancy on the Commission for the
Senior Community for a term ending June 30,2007.
On order of the Mayor, this matter was continued to December 13,2005.
13-B: Appointment to three annual vacancies on the Pier Restoration
Corporation with terms ending November 10,2009.
On order of the Mayor, this matter was continued to December 13, 2005.
13-C: Appointment to one special vacancy on the Social Services
Commission for a term ending June 30, 2007.
On order ofthe Mayor, this matter was continued to December 13, 2005.
13-D: Request of Council member Bloom to authorize statTto draft a
similar letter as that of the California Democratic Congressional
Delegation regarding the Capital Asset Realignment for Enhanced
Services (CARES) Business Plan Studies for the West Los Angeles VA,
was presented.
There was no one present for public comment.
Motion by Councilmember Bloom. seconded by Councilmember McKeown,
to approve request. The motion was approved by voice vote, with
Councilmembers Shriver, Holbrook, and Mayor Pro Tern Katz absent.
13-E: Request of Council Member Shriver that the report on
homelessness continued from the November 8 meeting to December 13
be heard as a "5" item, early in the agenda on that evening, was
presented.
There was no one present for public comment.
Motion by Councilmember McKeown (on behalf of Councilmember
Shriver). seconded by Councilmember Bloom, to approve request. The
motion was approved by voice vote, with Councilmembers Shriver,
Holbrook, and Mayor Pro Tern Katz absent.
10
November 22, 2005
CLOSED SESSIONS -
CONTINUED
2-E: Conference with Legal Counsel - Existing Litigation: Roberta
Cohan v. City of Santa Monica, Case No. SC 083 448.
Assistant City Attorney Joseph Lawrence requested that the account number
for an appropriation, that was approved at the November 8th meeting related
to this case, be corrected to Account No. 56232.522010.
Motion by Councilmember McKeown.. seconded by Mayor O'Connor, to
correct the account number as advised. The motion was approved by the
following vote:
AYES:
Councilmembers Genser, McKeown, Bloom, Mayor
O'Connor
None
Councilmembers Shriver, Holbrook, Mayor Pro Tern Katz
NOES:
ABSENT:
Members of the public Richard Robinson, M. Ross, Arthur Harris and Joe
Natoli discussed various issues and expressed concerns.
PUBLIC INPUT
On order of the Mayor, the City Council meeting was adjourned at 12:29
a.m.
ADJOURNMENT:
- \:3:~~~
Maria M. Stewart
City Clerk
APPROVED:
~~I
Pam O'Connor
Mayor
11
November 22, 2005