M-100907CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 9, 2007
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50 p.m.,
on Tuesday, October 9, 2007, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Absent: Councilmember Bobby Shriver
Councilmember Pam O'Connor
Mayor Pro Tem Herb Katz
Also Present: City Manager P. LamontEwell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:50 p.m., with
Councilmembers Shriver, O'Connor, and Mayor Pro Tem Katz absent.
Assistant City Attorney Joseph Lawrence 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.
Member of the public Joy Fullmer expressed various concerns. Randy
Walburger and Ken Ward spoke in support of Item 1-D.
At the request of the City Manager, Item 1- C was removed and
continued to the next meeting due to a required five votes needed for
approval and only four Councilmembers being present.
Motion by Councilmember McKeown. seconded by Councilmember
Holbrook, 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:
October 9; 2007
AYES: Councilmember McKeown, Genser, Holbrook, Mayor
Bloom
NOES: None
ABSENT: Councilmembers O'Connor, Shriver, Mayor Pro Tem
Katz
MINUTES 1-A: The minutes of the September 11, and September 25, 2007, City
Council meetings were approved.
BEACH GREENING 1-B: Beach greening project - recommendation to authorize the City
Manager to negotiate and execute Contract No. 8830 (CCS) with PCN3,
Inc., in the amount of $535,552, for the Beach Greening Project, was
approved.
PAVEMENT 1-C: Updating Pavement Management System and appropriation
MANAGEMENT of grant funds - recommendation to authorize the City Manager to
negotiate and execute an agreement with KMS and Associates, Inc., in an
amount of $120,000, for updating the Pavement Management System;
and approve proposed appropriation of funds.
Item withdrawn at City Manager's request and continued to October 23,
2007.
MOUNTAINVIEW' 1-D: Reject bids for the Mountain View Mobilehome Park Utility
MOBILE HOME PARK & Site Improvements Project and authorize negotiations -
recommendation to authorize the City Manager to reject all bids received
for the Project, waive formal bidding procedures, and authorize the City
Engineer to negotiate with the two responsive bidders for the
construction of the project, was approved.
SIDEWALK REPAIR 1-E: Citywide Sidewalk Repair Project - recommendation to
PROJECT authorize the City Manager to negotiate and execute: Contract No. 8831
(CCS) with CJ Concrete Construction, Inc., in the amount of $1,238,100,
for construction of the project; and Agreement No. 8832 (CCS) with
DMR TEAM, Inc., in the amount of $197,000, for construction
management and inspection services, was approved.
TAX AND AUDITING 1-F: Property and documentary transfer tax auditing, fiscal
SERVICES consultant reports, tax information reporting services and other
related services - recommendation to authorize the City Manager to
negotiate and execute Agreement No. 8833 (CCS) with HdL Coren &
Cone, in the amount of $465,000, to provide the City and the
Redevelopment Agency with property and documentary transfer tax
auditing services, fiscal consultant reports associated with bonds, tax
2 October 9, 2007
information reporting services and other related services, was approved.
ICE SKATING RINK 1-G: Proposed use of property located at 1324 and 1326 5`" Street
for seasonal ice skating event -recommendation to authorize the City
Manager to negotiate and execute License Agreement No. 8834 (CCS)
with the Bayside District Corporation for use of City-owned property at
1324 and 1326 5~' Street, for a seasonal ice skating event, was approved.
CLOSED SESSIONS: Members of the public Tom Nitti, Andrea Drever, Freida Dubin, Michele
Modglin, Dan Jansenson, Caroline Jacobs, Pro Se, Scott Smith, Kate
Holt, Louise Steiner, Susan Hartley, Charles Fredricks, Joe Faris, Allison
Freeman, Debra Fredricks, Hillary Kaye, Brian Hutchings, and Apryl
Mefford Henaver spoke in opposition to the cutting down of city trees as
related to Item 2-D.
On order of the Mayor, the City Council recessed to consider closed
sessions at 6:30 p.m., and returned at 7:37 p.m., with Councilmembers
Shriver, O'Connor, and Mayor Pro Tem Katz absent, to report the
following:
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: In the
Matter of Compliance with Federal Obligations by the City of Santa
Monica, California, FAA Docket No. 16-02-08.
ACTION: Heard. No reportable action taken.
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 219
Ocean Avenue.
ACTION: Not Heazd.
2-D: Conference with Legal Counsel -Existing
Litigation: Treesavers v. City of Santa Monica, Case No. (endin
(filed: October 5, 2007).
ACTION: Heard. No reportable action taken.
October 9, 2007
2-E: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b):
including one matter involving the Village Trailer Park.
ACTION: Heard. No reportable action taken.
SPECIAL ITEMS: 4-A: Mayor Bloom issued a commendation to Little League
California District 25 Girls Minor League "Angels" Softball Team -
Tournament of Champions winners.
ADMIN. ITEMS: 6-A: Appeal of Landmarks Commission's denial of reconstruction
of brick work at 2402 4th Street -recommendation to deny appeal and
uphold the Landmarks Commission's denial of certificate of
appropriateness.
On order of the Mayor and at the request of staff, this matter was
continued to future meeting.
ORDINANCES: 7-A: Second reading and adoption of an Ordinance No. 2239
TENANT HARASSMENT (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA
MONICA AMENDING MUNICIPAL CODE SECTION 4.56.020
RELATING TO TENANT HARASSMENT TO CONFIRM TO A
RECENT DECISION OF THE CALIFORNIA SUPREME COURT,"
was presented.
Motion by Councilmember McKeown, seconded by Councilmember
Holbrook, to adopt the ordinance, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, McKeown, Mayor
Bloom
NOES: None
ABSENT: Councilmembers Shriver, O'Connor, Mayor Pro Tem
Katz
RELOCATION 7-B: Second reading and adoption of an ordinance amending
BENEFITS Municipal Code Sections 4.36.040 and 4.36.110 to clarify the
Council's intent with respect to the timing of permanent relocation
benefits increases.
On order of the Mayor, this matter was continued to the next meeting due
to Councilmember Genser's need to recuse himself due to a conflict of
interest, and thereby leaving only three Councilmembers present and a
4 October 9, 2007
lack of a quorum.
CIVIL SERVICE RULES 7-C: Introduction and first reading of an ordinance amending
AND REGULATIONS Municipal Code Chapter 2.04 Manual of Civil Service Rules and
Regulations, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Councilmember
Holbrook, to adopt the ordinance, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, McKeown, Mayor
Bloom
NOES: None
ABSENT: Councilmembers Shriver, O'Connor, Mayor Pro Tem
Katz
STAFF ITEMS: 8-A: Request for direction on implementation of runway safety
AIRPORT RUNWAY enhancements at the Santa Monica Airport by preparing an
SAFETY ordinance for Council consideration, seeking legislative changes and
other means, was presented.
Members of the public Russell Sydney, Lorraine Sanchez, Zina Josephs,
Ping Ho, Brian Bland, Diane Moss, Yoram Tal, Susan Hartley, Peter
Donald, Cathy Larson, William Sadler, Jim Donaldson, Jean Gebman,
Gwen Rinehart, Martin Rubin, Susan Follet and M. Ross spoke in
support of airport safety.
Motion by Councihnember McKeown, seconded by Councilmember
Genser, to direct staff to discuss the legislative aspect with the Airport
Commission and then with the City Council, and to move forward with
local legislation. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Holbrook, Mayor
Bloom
NOES: None
ABSENT: Councilmembers O'Connor, Shriver, Mayor Pro Tem
Katz
VILLAGE TRAILER 8-B: Discussion of Concept Plans for the Village Trailer Park site
PARK at 2930 Colorado Avenue -recommendation to direct staff to pursue the
Development Agreement negotiation and review process with the
applicant to determine if an appropriate project that satisfies the removal
October 9, 2007
requirements of City Charter § 1803(t) can be identified and approved
upon execution of memorandum of understanding; and discuss the
applicant's Development Agreement proposal and provide direction
regarding its potential public benefits and appropriateness for the
redevelopment of the Village Trailer Park site and the consideration of
alternatives, was presented.
Members of the public Joy Fullmer, Joan Verdon and David Engleberg
expressed concerns regarding the proposed development of the site.
On order of the Mayor, this matter was continued to a future meeting
where there are more than four Councilmembers present.
WRITTEN REQUESTS: 12-A: Request from Mona L. Kyle that Council approve the
PRIVATE FIREWORKS issuance of a fireworks display permit for a private wedding
EVENT REQUEST reception on November 3, 2007 to be held at the Jonathan Club, 850
Palisades Beach Road, Santa Monica, was presented.
Motion by Mayor Bloom, seconded by Councilmember McKeown, to
direct staff to return with information and recommendations about
standards, including environmental impacts of fireworks display and
return at the next meeting.
Discussion ensued on the motion and its merits, and it was subsequently
bifurcated into two parts: (a) staff to return in two weeks with
recommendations on whether to allow this one-time requested event ,and
(b) to draw up a more permanent policy and return to Council at a later
date.
The motion, as clarified, was unanimously approved by voice vote, with
Councilmembers Shriver, O'Connor, and Mayor Pro Tem Katz absent.
COUNCIL ITEMS: 13-A: Appointment to one unscheduled vacancy on the Pier
UNSCHEDULED Restoration Corporation Board of Directors for a term ending
VACANCY November 13, 2010.
On order of the Mayor, and at the request of Councilmember Genser, this
matter was continued to the next meeting.
PLASTIC BAG BAN 13-B: Request of Councihnember McKeown, pursuant to
communication received by Council from the City's Task Force on
the Environment, to direct staff to perform an analysis and generate
recommendations to develop an effective ban on plastic bags for
commercial establishments in Santa Monica, was presented.
6 October 9, 2007
Member of the public Brian Hutchings spoke in opposition of the
proposal. Member of the public Mark Gold spoke in support of the
proposal.
Motion by Councilmember McKeown, seconded b~Councilmember
Genser, to approve recommendation including the use of all types of
single use bags including paper bags. The motion was unanimously
approved by voice vote, with Councilmembers O'Connor, Shriver, and
Mayor Pro Tem Katz absent.
ASSESSMENTS AND 13-C: Request of Councilmember Genser that the Council direct the
IMPROVEMENT City Attorney to work with the Bayside District Corporation to
DISTRICTS analyze existing laws applicable to assessment districts and business
improvement districts, and to return with appropriate revisions to
local law necessary for the implementation of proposed changes to
the downtown assessment and improvement districts, at the time
those revisions will be considered by the council, was presented.
Member of the public Ned Landin discussed vazious aspects of the
request.
Motion by Councilmember Genser, seconded b~Mayor Bloom, to direct
legal and management staff to work with the Bayside District in helping
to clarify and formulate a policy and return to Council for consideration,
as the Bayside District staff moves forward in presenting a proposal for
revamping the business improvement districts and assessments in the
downtown area. The motion was unanimously approved by voice vote
with Councilmember O'Connor, Shriver, and Mayor Pro Tem Katz
absent.
PUBLIC INPUT Members of the public Pro Se, M. Ross Sheila Dean, Barbaza Bluck,
Brian Hutchings, Ned Landin and Linda Piera-Avila discussed vazious
topics.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 10:05
p.m.
,.___ ATTEST: APPR,O~VED:
Maria M. Stewart ~ Richard Bloom
City Clerk Mayor
October 9, 2007