M-082807CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 28, 2007
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 6:01 p.m.,
on Tuesday, August 28, 2007, at City Council Chambers, 1685 Main Street.
Roll Ca11: Present: Mayor Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Councilmember Bobby Shriver (arrived at 6:30 p.m.)
Absent: Mayor Pro Tem Herb Katz
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 6:01 p.m., with
Councilmember Shriver and Mayor Pro Tem Katz absent. Deputy
City Manager Mona Miyasato led the assemblage in the Pledge of
Allegiance.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed
by a Councilmember for discussion.
Members of the public Jerry Rubin and Joey Fullmer commented on
various Consent Calendar items.
At the request of Councilmember McKeown, Item 1-A was removed
from the Consent Calendar.
Motion by Councilmember Holbrook, seconded by Councilmember
O'Connor, to approve all items on the Consent Calendar as presented
except Item 1-A, reading resolutions by title only and waiving further
reading thereof. The motion was approved by the following vote:
August 28, 2007
AYES: Councihnembers McKeown, O'Connor, Genser,
Holbrook, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver, Mayor Pro Tem Katz
BBB RACK STOCKING 1-B: Advertisement Posting and Schedule Rack Stocking Services
SERVICES -recommendation to award Bid No. 2925 to J. Perez Associates, Inc., in
the amount of $199,704, to provide bus advertisement posting and on-
board schedule rack stocking services, was approved.
TRAFFIC SAFETY 1-C: California Office of Traffic Safety Grant Funds -
GRANT FUNDS recommendation to accept $250,000 in grant funds from the California
Office of Traffic Safety in Support of the Selective Traffic Enforcement
Program; and approve proposed budgetary changes, was approved
LOBBYING SERVICES 1-D: Washington Representative/Lobbying Services -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8819 (CCS) with The Ferguson Company in an amount not
to exceed $72,557, including expenses not to exceed $4,000 for Federal
representative and lobbying services, was approved.
LEGAL NOTICES 1-E: Publishing of Legal Notices (Bid award) - recommendation to
award a bid to the Santa Monica Daily Press to publish the city's legal
notices for fiscal year 2007-08, pursuant to the requirements of Section
609 of the City Charter, was approved.
L.A. COUNTY - CITYTV 1-F: Provision of CityTV programming services to L.A. County-
PROGRAMMING recommendation to authorize the City Manager to negotiate and execute
Agreement No. 8820 (CCS) with Los Angeles County, for up to
$104,300, for CityTV to provide programming, video production services
and support to activate the Countywide channel as provided for in the
Time Wamer franchise in Santa Monica, was approved.
MINUTES
1-A: Approval of minutes of the August 14, 2007, City Council
meeting, was presented.
Councilmember McKeown advised he removed this item to conect his
motion on Item 1-J regarding the streetscape improvements and
appearing at the top of page 5 by adding the word "healthy" in front of
the word "trees" to read: " ... to approve recommendation, amended to
eliminate the removal of healthv trees."
August 28, 2007
Motion by Councihnember McKeown, seconded by Councilmember
Genser, to correct the motion as noted. The motion was approved by
voice vote, with Councilmember Shriver and Mayor Pro Tem Katz
absent.
CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:10 p.m., to hear
closed sessions and reconvened at 7:20 p.m., with Mayor Pro Tem Katz
Councilmember Shriver absent, to report the following:
arrived at 6: 30 p. m.
2-A: Public Employee Evaluations.
Title of Employees: City Attorney, City Clerk, City Manager
ACTION: Not Heard.
2-B: Conference with Legal Counsel -Existing Litigation: Ci of
Santa Monica v. Baron & Budd. P.C., Case No. BC 315186.
ACTION: Heard. No reportable action taken.
STUDY SESSION: 3-A: Federal Aviation Administration (FAA)response to the City's
RUNWAY SAFETY request for Runway Safety Enhancements at the Santa Monica
ENHANCEMENTS Airport and recommendation to provide direction to staff, was
presented by staff.
FAA representatives D. Kirk Shaffer, Associate Administrator for
Airports and David L. Bennet, Director, Office of Airport Safety and
Standards, discussed the FAA proposal and answered questions from
Councilmembers.
The following members of the public spoke in general opposition to the
FAA's proposal and in support of enhanced airport safety: Jerry Rubin,
Russell Sydney, Diane Moss, Zina Josephs, Peter Donald, Ping Ho,
Susan Hartley, Stephen Mark, Lorraine Sanchez, Brian bland, Cathy
Larson, Tony Vasquez, Martin Rubin, Gwen Rinehart, Virginia Ernst,
Bob Fitzpatrick, Bill Scheding, Don Gaefen, Britt Allcroft, Allen Davis,
Margaret Williamson, Irina Alimonstiann, Todd Jaquith, Ofer Grossman,
Josephine Levy, Victoria Bloch, Oliver Gruettemann, Monika Bialas,
Michael Brodsky, Stacy Brown, Jim Donaldson, Jean Gebman, Bill Pope,
Judith Davies and Joyce Simmons.
Motion by Mayor Bloom, seconded by Councilmember Shriver, to direct
staff to return with strategies to implement best runway safety
recommendations focused on improving safety at the Santa Monica
Airport.
August 28, 2007
The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Bloom
NOES: None
ABSENT: Mayor Pro Tem Katz
ORDINANCES: 7-A: Introduction and adoption of Emergency Interim Ordinance
DEVELOPMENT IN No. 2238 (CCS) entitled: "AN ORDINANCE OF THE CITY OF
LMSD AND Ml SANTA MONICA MODIFYING THE DEVELOPMENT
DISTRICTS STANDARDS IN THE LIGHT MANUFACTURING STUDIO
DISTRICT (LMSD) AND THE INDUSTRIAL CONSERVATION (Ml)
Councilmember Shriver was ZONING DISTRICTS TO ONLY AUTHORIZE DEVELOPMENT
excused at 12:11 a. m. THAT DOES NOT EXCEED 7,500 SQUARE FEET OR 15 UNITS
UNLESS THE DEVELOPMENT IS UNDERTAKEN PURSUANT TO
A DEVELOPMENT AGREEMENT; TO REQUIRE A DEVELOP-
MENT AGREEMENT TO AUTHORIZE CHANGES OF USE ON
PARCELS IN THE LMSD THAT EXCEED 32,000 SQUARE FEET
AND ON PARCELS IN THE Ml THAT EXCEED 15,000 SQUARE
FEET; AND DECLARING THE PRESENCE OF AN EMERGENCY,"
was presented.
The following members of the public spoke generally in opposition to the
proposed ordinance: Diana Gordon, Mike Sullivan, Chris Harding and
Ken Kutcher.
The following members of the public spoke generally in support of the
ordinance: Lawrence Shapiro, Jack Walter and Gwynne Pugh.
The following members of the public spoke in opposition to more
development: Bill Scheding, David Engelburg and Arthur Harris.
Motion by Councilmember Genser, seconded by Councilmember
McKeown, to introduce and adopt the ordinance, amended by adding the
following language: "However, no development agreement shall be
required for a change of use within an existing multi-tenant property
unless the Director of Planning and Community Development makes a
written determination that the change of use will constitute a substantial
change in the mode or character of operation of the property as a whole.
Factors to be considered by the Director include, but are not limited to
occupancy, hours of operations, intensity of use, traffic, noise, odor or
other impacts." Also including; language that exempts the auto dealers;
and language exempting 100% deed restricted affordable housing (using
the standard phraseology).
August 28, 2007
Discussion ensued on the merits of the proposed ordinance as related to
the affordable housing exemption, the merits of the other proposed
amendments and the comments received from comments of the public
Motion to amend motion by Councilmember Genser, seconded by
Councilmember Holbrook, by removing the exemption to the 100% deed
restricted affordable housing, and directing staff that when the next
iteration of this ordinance returns to Council, there be language that
automatically includes the exception after a defined short period of time.
The motion to amend was approved by the following vote:
AYES: Councilmembers O'Connor, Genser, Holbrook, Mayor
Bloom
NOES: Councihnember McKeown
ABSENT: Councilmember Shriver, Mayor Pro Tem Katz
Councilmember McKeown stated, for the record, that his "no" vote
reflects a continuing belief that poor people deserve to live in Santa
Monica.
Based on the motion to amend being approved, Councilmember
McKeown withdrew his second on the main motion. Councilmember
O'Connor seconded the main motion.
Senior Land Use Attorney Barry Rosenbaum made the following
clarifications to the ordinance, for the record:
- In Sections 1 and 2 language will clarify that staff's intent is that the
7500 square foot threshold will apply to an entirely new development as
well as to the expansion of an existing development if the expansion
exceeds 7500 square feet.
- A provision will be added stating that auto dealerships shall not be
subject to the interim zoning standards but remain subject to the
development standards set forth in the existing auto dealership interim
ordinance.
- Language will also be added reducing the threshold for the number of
units in Ml from 15 to 5, not including density bonus units; density
bonus unit exemptions shall also apply to the LMSD.
- The ordinance is to be effective August 28, 2007.
The original motion, as amended and clarified above, was approved by
the following vote:
August 28, 2007
AYES: Councilmembers Holbrook, Genser, O'Connor,
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver, Mayor Pro Tem Katz
COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions for terms
ANNUAL ending June 30, 2007.
APPOINTMENTS
Board/Commission No. of Appts. Term Ending
Airport Commission 2 6/30/2011
On order of the Mayor, the floor was opened for nominations to the
Airport Commission.
Councilmember Holbrook nominated Jean Gebman to one vacancy.
There being no other nominations Mr. Gebman was appointed by
acclamation, with Councilmember Shriver and Mayor Pro Tem Katz
absent.
Councilmember Genser nominated incumbent Mark Young for
reappointment. There being no other nominations Mr. Young was
reappointed by acclamation, with Councilmember Shriver and Mayor Pro
Tem Katz absent.
Sr. Community Commission 2 6/30/2011
On order of the Mayor, this matter was continued to a future meeting.
Library Board 1 6/30/2011
On order of the Mayor, the floor was opened for nominations to the
Library Board.
Councilmember McKeown, nominated incumbent Edward Edwards.
There being no other nominations Mr. Edwards was reappointed by
acclamation, with Councilmember Shriver and Mayor Pro Tem Katz
absent.
Personnel Board 1 June 30, 2011
On order of the Mayor, this matter was continued to a future meeting.
August 28, 2007
Social Services Commission 1 6/30/2011
On order of the Mayor, the floor was opened for nominations to the
Social Services Commission.
Mayor Bloom nominated Gail Myers. There being no other nominations
Ms. Myers was appointed by acclamation, with Councilmember Shriver
and Mayor Pro Tem Katz absent.
UNSCHEDULED 13-B: Appointment to unscheduled vacancies to the following
VACANCY APPTS. Boards and Commissions:
Board/Commission Seats Term Ending Date
Arts Commission
06/30/2008
On order of the Mayor, the floor was opened for nominations to the Arts
Commission.
Councilmember McKeown nominated Asuka Hisa. There being no other
nominations Asuka Hisa was appointed by acclamation, with
Councilmember Shriver and Mayor Pro Tem Katz absent.
Library Board
06/30/2008
On order of the Mayor, this matter was continued to a future meeting.
RESIGNATION 13-C: Recommendation to accept Brian Strasburger's resignation
from the Bayside District Corporation and authorize the City Clerk
to publish the vacancy, was presented.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to approve recommendation with regrets. The motion was
unanimously approved with Councilmember Shriver and Mayor Pro Tem
Katz absent.
PUBLIC INPUT: Member of the public Marie Stone discussed matters of concern.
7 August 28, 2007
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 1:30
a.m., in memory of Paul Angel, Jr., son of City employee Normal Angel. I
ATTEST:
Maria M. Stew~~~
City Clerk
OVED:
Richard Bloom
Mayor
August 28, 2007