M-091107CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER il, 2007
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:51 p.m.,
on Tuesday, September 11, 2007, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor Pro Tem Herb Katz
Councilmember Ken Genser
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Councilmember Bobby Shriver (arrived at 6:30 p.m.)
Absent: Councilmember Robert T. Holbrook
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 5:51 p.m., with
Councilmembers Shriver and Holbrook absent. Mayor Bloom 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 Joy Fullmer and Joe Natoli commented on various
Consent Calendar items.
At the request of Mayor Pro Tem Katz, Item 1-J was removed from the
Consent Calendar.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tem
Katz, to approve all items on the Consent Calendar as presented except
for Item 1-J, reading resolutions by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Mayor
September 11, 2007
Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, Holbrook
PIER RESTROOM 1-A: Pier Central Restroom Project -recommendation to authorize
PROJECT the City Manager to negotiate and execute design-build Agreement No.
8821 (CCS) with T.L.D. Construction, Inc., in the amount of $270,500,
for preconstruction services for the project, was approved.
STA MOU 1-B: Resolution No. 10238 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING WITH THE
SUPERVISORY TEAM ASSOCIATES," was adopted.
MEA MOU 1-C: Resolution No. 10239 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING WITH THE MUNICIPAL
EMPLOYEES ASSOCIATION," was adopted.
UTU MOU 1-D: Resolution No. 10240 (CCS) enfitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING WITH THE UNITED
TRANSPORTATION UNION, LOCAL 1785," was adopted.
MEDICAL INSURANCE 1-E: Resolution No. 10241 (CCS) entitled: "A RESOLUTION OF
COVERAGE THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF UNDER-
STANDING SETTING THE TERMS AND CONDITIONS OF
MEDICAL INSURANCE COVERAGE WITH MANAGEMENT
TEAM ASSOCIATES, SUPERVISORY TEAM ASSOCIATES,
ADMINISTRATIVE TEAM ASSOCIATES, MUNICIPAL
EMPLOYEES ASSOCIATION, PUBLIC ATTORNEYS UNION,
PUBLIC ATTORNEYS LEGAL SUPPORT STAFF UNION, UNITED
TRANSPORTATION UNION (LOCAL 1785), EXECUTIVE PAY
PLAN PARTICIPANTS AND THE SANTA MONICA FIRE-
FIGHTERS, LOCAL 1109 (IAFF) AND APPROPRIATION OF
BUDGET CHANGES," was adopted.
LOCAL 1109 - MOU 1-F: Resolution No. 10242 (CCS) entitled: "A RESOLUTION OF
2 September 11, 2007
FIREFIGHTERS THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE SANTA MONICA FIREFIGHTERS,
LOCAL 1109, IAFF," was adopted.
ATA MOU I-G: Resolution No. 10243 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE ADMINISTRATIVE TEAM
ASSOCIATES," was adopted.
415 PCH 1-H: Recommendation to authorize the City Manager to negotiate
and execute an amendment to Construction Contract No. 8652
(CCS); and an amendment to Professional Services Agreement No.
8722 (CCS) for the Annenberg Community Beach Club at Santa
Monica State Beach, was approved.
SOLID WASTE 1-I: Operations, Financial and Rate Review of Solid Waste
SERVICES Services -recommendation to authorize the City Manager to negotiate
and execute an amendment to Agreement No. 8524 (CCS) with
Gershman, Brickner and Bratton, Inc., in the amount of $75,000, for a
total agreement amount of $503,000, for operations, financial and rate
review of Solid Waste services, was approved.
CHARNOCK WELL 1-J: Community Outreach Consulting Services for Charnock Well
FIELDS RESTORATION Fields Restoration Project -recommendation to authorize the City
Manager to negotiate and execute Agreement No. 8822 (CCS) with
Harris & Company, in the amount of $250,000, for community outreach
and public information services required during the planning, pre-design,
environmental documentation and final design phases of the Project, was
presented.
Mayor Pro Tem Katz advised he removed this item from the Consent
Calendar because he felt the amount being requested was too much and
that the project could be done less expensively or could be done in-house.
Discussion ensued on the matter. Staff answered questions from
Councilmembers.
Motion by Councilmember O'Connor, seconded by Councilmember
Genser, to approve recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Mayor
September 11, 2007
Bloom
NOES: Mayor Pro Tem Katz
ABSENT: Councilmembers Shriver, Holbrook
Mayor Pro Tem Katz stated, for the record, that he voted against the
motion because of the cost for the use and previous work record of the
consultant.
CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:13 p.m., to
consider closed sessions and returned at 7:00 p.m., with Councilmember
Councilmember Shriver Holbrook absent.
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: Batul
Hadjian Torab v. City of Santa Monica, Los Angeles Superior Court
Case No. SC 085339.
Motion by Councilmember O'Connor, seconded by Councilmember
Genser to approve Agreement No. 8823 (CCS) for costs in the amount of
$18,516.18. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Mayor Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook
2-C: Conference with Legal Council -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(b): one dispute involving real property at 2219
Ocean Avenue.
ACTION: Heard. No reportable action taken.
7-A: Introduction and first reading of an ordinance to require the
installation of approved gas shutoff devices in buildings, structures
and mobile home parks prior to sale or exchange, when newly
constructed or when the cost of additions or alterations exceed
$10,000, was presented.
Members of the public Sharon O'Rourke, James Litz, Catherine Eldridge,
September 11, 2007
and Fabian Padilla commented on various aspects of the ordinance.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to introduce the ordinance, reading by title only and waiving
further reading thereof, and directing staff to review any possible
structures that may never be covered by the ordinance as written and
return to fill any such gaps. The motion was approved by the following
vote:
AYES: Councilmembers Shriver, Genser, O'Connor, McKeown,
Mayor Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook
STAFF ITEMS: 8-A: BBB Capital Improvement Program and Operating
BBB CIP Enhancements -recommendation to appropriate funds for the Capital
Improvement Program, for 7.0 full time positions, for 6 full time limited-
termpositions, and to increase the revenue budget for the Mini Blue
program, was presented.
There was no one present for public comment.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to approve staff recommendations.
AYES: Councilmembers Shriver, Genser, O'Connor, McKeown,
Mayor Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook
OFF-LEASH DOG 8-B: Proposed revisions to City's off-leash dog area policy -
POLICY recommendation to: repeal Resolution No. 9316 (CCS) designating off-
leash dog areas; adopt Resolution No. 10244 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA DESIGNATING
OFF-LEASH DOG AREAS FOR PORTIONS OF AIRPORT PARK,
JOSLYN PARK, PACIFIC STREET PARK AND MEMORIAL PARK,
LIMITING THE NUMBER OF DOGS AND ESTABLISHING HOURS
OF USE"; and adopt Resolution No. 10245 ((CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING
A FEE FOR PROVIDING ANNUAL DOG TAGS FOR NON-SANTA
MONICA RESIDENTS FOR USE OF THE AIRPORT PARK OFF-
LEASH DOG AREA," was proposed.
The following members of the public spoke generally in favor of the
September 11, 2007
recommendation and made suggestions: Sean Butler, Tom Ponton, Len __ .
Nguyen, and Jean Tremaine.
Motion by Mayor Pro Tem Katz, seconded by Councilmember Bloom, to
adopt Resolutions, reading by title only and waiving further reading
thereof, and amending Resolution No. 10245 (CCS) changing the number
of dogs allowed from three (3) to four (4).
The motion was approved by the following vote:
AYES: Councilmembers Shriver, Genser, O'Connor, McKeown,
Mayor Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook
PUBLIC HEARINGS: SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE
SANTA MONICA PLACE REDEVELOPMENT AGENCY:
REMODEL
On order of the Mayor, the City Council recessed the regular Council
meeting at 8:03 p.m., and convened to a joint meeting with the
Redevelopment Agency, with Councilmember Holbrook absent.
9-A: Proposed Santa Monica Place Remodel -recommendation that
the City Council and the Redevelopment Agency hold a public hearing to
consider the proposal for the remodel of Santa Monica Place (Project)
and amendments to existing agreements for construction, operation and
maintenance of Santa Monica Place and adjacent Parking Facilities.
Recommendation that the Redevelopment Agency, after the public
hearing, adopt Resolution No. 505 (RAS) entitled: "A RESOLUTION
OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA
MONICA ADOPTING THE MITIGATED NEGATIVE
DECLARATION FOR THE PROJECT, AND APPROVE THE
PROPOSED REMODEL OF THE PROJECT AS CONDITIONED AND
ADOPT FINDINGS THAT IT CONFORMS TO THE DOWNTOWN
REDEVELOPMENT PLAN." Recommendation that the City Council
and Redevelopment Agency authorize the City Manager/Bxecutive
Director to execute amendments to the Agreement for the Sublease,
Operation and Maintenance of Parking Facilities and the Construction,
Operation and Reciprocal Easement Agreement, and any other
agreements required to implement direction given by the City Council,
was presented.
September 11, 2007
Robin Young, representing developer, spoke in support of the project.
The following members of the public spoke in support of the project: Joy
Fullmer, Jean McNeil Wyner, Joe Natoli, Diana Gordon, Tom Larmore,
Mike DeSantis, Denise DeSantis, Rick Staff, Tod Lipka, Kathleen
Rawson, Cecilia Person, and Wendy Rosenthal.
Motion by Chair Pro Tem Katz, seconded b~gency Member O'Connor,
to adopt the resolution, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Agency Members Shriver, Genser, O'Connor, McKeown,
Chair Pro Tem Katz, Chair Bloom
NOES: None
ABSENT: Agency Member Holbrook
Discussion was held regarding the type of public access allowed through
the remodeled project during operating hours, and regarding the security
to be provided by developer outside of operating hours.
Motion by Chair Pro Tem Katz, seconded by Aeencv Member O'Connor
to approve proposed remodel as conditioned and adopt findings that it
conforms to the Downtown Redevelopment Plan, amended in that access
to the facility shall remain open as provided in the amended
Construction, Operation and Reciprocal Easement Agreement. The
motion was approved by the following vote:
AYES: Agency Members Shriver, Genser, O'Connor, McKeown,
Chair Pro Tem Katz, Chair Bloom
NOES: None
ABSENT: Agency Member Holbrook
Motion by Mavor Pro Tem/Chair Pro Tem Katz, seconded b
Councilmember/Agency Member O'Connor, to authorize the City
Manager/Executive Director to execute amendments to the Agreement
for the Sublease, Operation and Maintenance of Parking Facilities and
the Construction, Operation and Reciprocal Easement Agreement, and
any other agreements required to implement direction given. The motion
was approved by the following vote:
AYES: CounciUAgency Members Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tern/Chair Pro Tem Katz, Mayor/
Chair Bloom
NOES: None
ABSENT: Council/Agency Member Holbrook
September 11, 2007
ADJOURNMENT OF On order of the Mayor, the City Council adjourned the joint meeting with . __
SPECIAL JOINT MEETING the Redevelopment Agency at 9:27 p.m., and reconvened the regular
meeting, with Councilmember Holbrook absent.
RESOLUTIONS: 11-A: Reconsideration of action taken on July 24, 2007 regarding
recommendation to adopt Resolution No. 10246 (CCS) entitled: "A
Mayor Pro Tem Katz was RESOLUTION OF THE CITY OF SANTA MONICA CREATING
excused at 9:28 p. m. PARKING ZONE "U" TO RESTRICT BLOCKS CLOSEST TO
SANTA MONICA HIGH SCHOOL WITH "NO PARKING, EXCEPT
BY PERMIT" AND ALLOW "TWO-HOUR PARKING, EXCEPT BY
PERMIT" IN THE REMAINDER OF THE ZONE, AND AMENDING
RESOLUTION NO. 9344 (CCS) BY REPLACING EXHIBIT A," was
presented.
The following members of the public spoke in opposition to the proposal:
Ilan Ben Neir and Dana Sigman.
The following members of the public spoke in support of the proposal:
James DuFouro, Don Battu, Cazolyn Feruzzi, Anne Falin, Jim Falin,
Mary Studenly, Bailey Alfs, and Katharine King.
Motion by Councihnember Genser, seconded by Councilmember
McKeown, to adopt resolution, reading by title only and waiving further - -
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Shriver, Mayor
Bloom
NOES: Councilmember O'Connor
ABSENT: Councilmember Holbrook, Mayor Pro Tem Katz
Motion by Mayor Bloom, seconded by Councilmember Genser, to direct
staff to return with information and discussion on the broad policy issues
of Santa Monica parking resources, including public transit options and
how they can be utilized in a sustainable manner; and, encouraging
public transportation including taking the bus, bicycling, and walking for
Santa Monica High School students. The motion was unanimously
approved by voice vote, with Councilmember Holbrook and Mayor Pro
Tem Katz absent.
COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions for terms
ANNUAL APPTS. ending June 30, 2007.
Board/Commission No. of Appts. Term Ending
Sr. Community Comm. 2 6/30/2011
September 11, 2007
On order of the Mayor, this matter was continued to September 25, 2007.
Personnel Board 1 6/30/2011
On order of the Mayor, and after discussion and with the consensus of
Councilmembers, staff was directed to continue this vacancy until June
2008.
UNSCHEDULED 13-B: Appointment to unscheduled vacancies to the following
VACANCIES Boards and Commissions.
Board/Commission No. of Appts. Term Ending
Library Board 1 6/30/2008
On order of the Mayor, the floor was opened for nominations to the
Librazy Boazd.
Councilmember Genser nominated Kenneth Blackwell for the vacancy.
There being no other nominations, Mr. Blackwell was appointed by
acclamation, with Councilmember Holbrook and Mayor Pro Tem Katz
absent.
DISPLAY OF ANIMALS 13-C: Request of Councilmember McKeown, pursuant to a report
AT PROMENADE from Police Chief Timothy Jackman responding to resident concerns
about the display of animals on the Promenade and elsewhere, that
the Council direct staff to investigate a simple low- or no-cost permit
process for legitimate animal adoption organizations, was presented.
Member of the public Joe Natoli in favor of regulations.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to direct staff to investigate a simple low- or no-cost permit
process for legitimate animal adoption organizations. The motion wa:
unanimously approved by voice vote with Councilmembers Holbrook
and Mayor Pro Tem Katz absent.
SB2 13-D: Request of Mayor Bloom that the Council review
amendments to SB2 and provide staff with direction on the
legislation. SB2 revises laws regarding zoning for emergency
shelters, transitional and supportive housing and, as currently
drafted, may have implications for'good actor' cities and local
control, was presented.
September 11, 2007
Motion by Councilmember McKeown. seconded by Councilmember
Shriver, that the City take a position of "working with the author," on the i'
bill.
Considerable discussion ensued on the merits of the motion, the current
state of the bill in the legislature, and the effects of the motion on the
City. After discussion, Councilmember Shriver withdrew his second.
Motion by Councilmember McKeown that the City take no action.
Motion died for lack of a second.
Motion by Mayor Bloom, seconded by Councilmember Genser, that the
City oppose the bill and take the position of "work with author." The
motion was approved by the following vote:
AYES: Councilmember O'Connor, Genser, Shriver, Mayor
Bloom
NOES: Councilmember McKeown
ABSENT: Councilmember Holbrook, Mayor Pro Tem Katz
Councilmember McKeown stated the following, for the record: "I'd like
the record to show that my 'no vote' is because I could have sought
technical amendments, a'work with author' position, or even taking no ---
action; cause frankly I don't think what Santa Monica does here tonight is
going to decide the future of this bill anymore than my vote decided the
outcome of this motion here. I just can't bring myself to oppose the most
progressive housing bill in the legislature."
PUBLIC INPUT Members of the public Pro Se and M. Ross discussed various topics.
Todd Waiders, representative of the AQMD, introduced himself to the
City Council.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:26
p.m., in memory of actress Jane Wyman.
A""`'`'"-- W APPROVED:
Maria M. Stewa Richard Bloom
City Clerk
Mayor
10 September 11, 2007