M-102307CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 23, 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 23, 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 8:05 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 5:50 p.m., with
Councilmembers Holbrook and Shriver absent. City Clerk Maria M.
Stewart 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, Louise Fish and Joe Natoli discussed
various Consent Calendar items.
At the request of Councilmember McKeown, Item 1-A was removed
from the Consent Calendar.
At the request of Mayor Bloom, Item 1-K was removed from the Consent
Calendar.
Motion by Mavor Pro Tem Katz. seconded by Councilmember
October 23, 2007
McKeown, to approve all items on the Consent Calendar as presented
except Items 1-A and 1-K, reading resolutions by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Genser, O'Connor, McKeown, Mayor
Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, Holbrook
BBB WINDOW GUARDS 1-B: Plexiglas Window Guards - recommendation to award Bid No.
2929 to Transit Products and Services, in the estimated amount of
$495,000, to provide Plexiglas window guards for BBB buses, was
approved.
BBB TIRES AND 1-C: Lease of tires and related tire services for the BBB -
RELATED SERVICES recommendation to award Bid No. 2932, and. authorize the City Manager
to negotiate and execute Contract No. 8836 (CCS) with Goodyear Tire &
Rubber Company, in the amount of $2,650,000, for the lease of tires and
to provide related tire services, was approved.
MILLS ACT 1-D: Mills Act Historical Property Agreements -recommendation to
AGREEMENTS adopt respective Resolution Nos. 10250 and 10251 (CCS) authorizing
the City Manager to negotiate and execute Mills Act Historic Property
Preservation Agreement Nos. 8837 and 8838 (CCS) with property r
owners of 822 Euclid Street and 2544 3rd Street, was approved.
DIAL-A-RIDE VEHICLES 1-E: Purchase of Dial-a-Ride vehicles -recommendation to award a
purchase order in the amount of $110,754, to BusWest for two paratransit
buses; and a purchase order to Creative Bus Sales, in the amount of
$157,981, for the purchase of four low-floor wheelchair accessible mini-
vans, was approved.
ITEM WITHDRAWN 1-F: Item withdrawn.
RESIDENTIAL REHAB 1-G: Residential Rehabilitafion Program - recommendation to
PROGRAM authorize the City Manager to negotiate and execute Agreement No. 8839
(CCS) with Comprehensive Housing Services, in the estimated amount
of $300,000 annually for athree-year term; for administration of the
Program, was approved.
851 19th STREET 1-H: Resolution No. 10252 (CCS) entitled: "A RESOLUTION OF
2 October 23, 2007
THE CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP
N0.61408 FORA 4-UNIT CONDOMINNM PROJECT AT 851 19TH
STREET," was adopted.
BBB EXPANSION 1-I: Subsurface abatement services for the BBB Expansion
PROJECT Project -recommendation to authorize the City Manager to negotiate and
execute Contract No. 8840 (CCS) with General Environmental
Management, in the amount of $655,380, to provide subsurface
abatement services, was approved.
SEWER SYSTEM 1-J: Sewer System Management Plan - recommendation to approve
MANAGEMENT PLAN a development plan for a Sewer System Management Plan in compliance
with newly enacted Statewide General Waste Discharge Requirements,
was approved.
CIVIC AUDITORIUM 1-L: Purchase of carpet for Civic Auditorium -recommendation to
CARPET awazd Bid No. 2935 to M & M Floor Covering, in the amount of
$147,207, to provide carpet for the Civic Auditorium, was approved.
917-921 19`" STREET 1-M: Resolution No. 10253 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP
NO. 61029 FOR AN 8-UNIT CONDOMINIDM PROJECT AT 917-921
19TH STREET," was adopted.
1122 26`" STREET 1-N: Resolution No. 10254 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP
NO. 66844 FORA 4-UNIT CONDOMINNM PROJECT AT 1122
26TH STREET," was adopted.
PERMIT/PLAN IMAGING 1-O: Permit and Plan Document Imaging -recommendation to
authorize the City Manager to negotiate and execute Contract No. 8843
(CCS) with PC Imaging, in the amount of $150,000, to scan, index and
import permit and plan documents, was approved.
939 SAN VICENTE 1-P: Statement of Official Action taken approving Tentative
Parcel Map No. 63173 for atwo-lot subdivision at 939 San Vicente
Boulevard, was approved.
PAVEMENT MGMT. 1-A: Updating Pavement Management System and appropriation
October 23, 2007
SYSTEM of grant funds -recommendation to authorize the City Manager to -
negotiate and execute Agreement No. 8835 (CCS) with KMS and
Associates, Inc., in an amount of $120,000, for updating the Pavement
Management System; and approve proposed appropriation of funds, was
presented.
Councilmember McKeown advised he removed this item from the
Consent Calendar to ask questions related to bike paths and multi-modal
types of transportation. Staff answered questions of Councihnembers.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to approve recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Mayor
Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: Councihnembers Holbrook, Shriver
1-K: Colorado/Ocean Relief Sewer Construction Project -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8841 (CCS) with Steve Bubalo Construction Company, in _,
the amount of $8,442,150; and Contract 8842 (CCS) with Tetra Tech,
Inc., in the amount of $1,502,000, for construction management and ` _
construction inspection services, was presented.
Mayor Bloom advised that he removed this item from the Consent
Calendar to ask what process will be followed for planning and noticing
residents regarding the impacts of the project. Staff answered questions
of councilmembers.
Motion by Mayor Bloom, seconded by Councilmember Genser, to
approve recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Genser, O'Connor, McKeown, Mayor
Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Shriver
CLOSED SESSIONS: Members of the public Jerry Rubin and Daniel Jensenson commented on
Item 2-A and the subject employees' performance.
4 October 23, 2007
On order of the Mayor, the City Council recessed at 6:21 p.m., to
consider closed sessions and returned at 7:16 p.m., with Councilmembers
Shriver and Holbrook 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 -Pending Litigation: Broe¢er
v. City of Santa Monica, LASC Case No. BC 378071.
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel -Existing Litigation: Ci of
Santa Monica v. Baron & Budd P.C., Case No. BC 315 186.
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel -Existing Litigation:
Abraham Supino v. City of Santa Monica (and consolidated cases,
Case No. SC 080283.
ACTION: Heard. No reportable action taken.
2-E: 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: Not Heard.
2-F: Conference with Legal Counsel -Existing Litigation: Rafael
Fellah v. City of Santa Monica, Case No. SC 092 565.
Motion by Mayor Pro Tem Katz, seconded by Councilmember
McKeown, to approve settlement in the amount of $25,000. The motion
was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Mayor
Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, Holbrook
October 23, 2007
STUDY SESSION: On order of the Mayor, and with the consensus of Council, Items 3-A and
PUBLIC FINANCING OF 13-G were heard concurrently.
ELECTIONS
3-A: Public Funding of Election Campaigns -recommendation that
Mayor Pro Tem Katz was Council review the information contained in this report and provide
excused at 8.•30 p. m. direction to staff, was presented.
13-G: Request of Councilmember McKeown that Council identify
improvements in election and campaign finance rules as may be
suggested by study of item 3-A, and direct staff to return in a timely
fashion with resolutions, ordinances or ballot measures necessary to
effect agreed-upon Council policies for such improvements, was
presented.
Members of the public Russell Sydney, Hilary Kaye, Joy Fullmer, Ellis
Perlman, John Petz, Genise Schnitman, Brandon Marlowe, Sean Levin,
Susan Lerner, Ellen Brennan, Roy Ulrich, Carmen Balber, Joe Natoli,
Bruce Cameron, Tom Larmore, Jerry Rubin, Xandra Kayden, and Jon
Mann discussed various aspects of the subject matter and the information
provided by staff.
Discussion ensued on the information provided by staff and on comments
made by members of the public related to a new "fair fight fund" concept
option for public financing.
Motion by Councilmember McKeown, seconded b~Councilmember
Genser, to direct staff to look into what it would take to have a true Santa
Monica solution, establish a workable definition of an "attack campaign,"
determine dollar limits where such campaigns begin to distort local
democracy, and figure out ways to protect the attacked candidates with a
"fair fight fund," with staff to return before the end of the calendar year.
The motion failed by the following vote:
AYES: Councilmembers Genser, McKeown
NOES: Councilmembers Shriver, O'Connor, Mayor Bloom
ABSENT: Councilmembers Holbrook, Mayor Pro Tem Katz
Motion by Councilmember Genser. seconded by Councilmember
O'Connor, to direct staff to return as soon as possible with a report on
issues regarding enforcement of existing laws, clearing up any potential
ambiguities in existing law, and possible legislation that can be adopted
by the Council to deal with contributions in general to make sure that the
laws are clear, and in particular, options for regulating contributions to
independent expenditure committees. The motion was unanimously
6 October 23, 2007
approved by voice vote, with Councilmember Holbrook and Mayor Pro
Tem Katz absent.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to direct staff to schedule another hearing on this issue including
all the options that have been discussed and not close the door on
campaign fmance reform. The motion failed by voice vote with
Councilmembers Shriver, O'Connor, and Mayor Bloom voting in
opposition, and Councilmembers Holbrook and Mayor Pro Tem Katz
absent.
SPECIAL ITEMS: 4-A: A proclamation declaring October 2007 to be Disability
Awareness Month in the City of Santa Monica, was issued by Mayor
Bloom.
ADMIN. ITEMS: 6-A: Appeal of Landmarks Commission designation of the
property at 423-431 Ocean Avenue as a City Landmark -
recommendation to deny the appeal and designate the property as a City
Landmark based on the findings set forth by the Landmarks Commission.
On order of the Mayor, and at the request of the appellant, this matter to
be continued to a future meeting.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2240 (CCS)
RELOCATION entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
BENEFITS AMENDING MUNICIPAL CODE SECTIONS 4.36.040 AND 4.36.110
TO CLARIFY THE COUNCIL'S INTENT WITH RESPECT TO THE
Councilmember Genser was TIMING OF PERMANENT RELOCATION BENEFITS INCREASES,'
excused at 9.•26 p. m. was presented.
Councilmember Genser requested to be excused from participating in this
matter due to a conflict of interest.
Motion by Councilmember McKeown. seconded by Councilmember
O'Connor, to adopt the ordinance, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Shriver, Mayor
Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Genser, Mayor Pro Tem Katz
October 23, 2007
CIVIL SERVICE RULES 7-B: Second reading and adoption of Ordinance No. 2241 (CCS)
AND REGULATIONS' entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE CHAPTER 2.04 MANUAL OF
CIVIL SERVICE RULES AND REGULATIONS," was presented.
Councilmember Genser Motion by Councilmember Genser, seconded by Councilmember
returned at 9:27 p.m. O'Connor, to adopt the ordinance, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Shriver, Genser
Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook, Mayor Pro Tem Katz
LMS AND Ml DISTRICTS 7-C: Introduction and adoption of Emergency Interim Ordinance
DEVELOPMENT No. 2242 (CCS) entitled: "AN ORDINANCE OF THE CITY OF
STANDARDS SANTA MONICA EXTENDING THE INITIAL INTERIM
ORDINANCE MODIFYING THE DEVELOPMENT STANDARDS IN
THE LIGHT MANUFACTURING STUDIO DISTRICT AND THE
INDUSTRIAL CONSERVATION ZONING DISTRICTS TO ONLY
AUTHORIZE DEVELOPMENT THAT DOES NOT EXCEED 7,500
SQUARE FEET OR FIFTEEN UNITS IN THE LMSD OR 5 UNITS IN
THE MI UNLESS THE DEVELOPMENT IS UNDERTAKEN
PURSUANT TO A DEVELOPMENT AGREEMENT OR IS A CITY
PROJECT, TO REQUIRE A DEVELOPMENT 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, IF THE CHANGE OF
USE INVOLVES MORE THAN 7,500 SQUARE FEET OF FLOOR
AREA, AND TO ESTABLISH EXCEPTIONS AND DECLARING THE
PRESENCE OF AN EMERGENCY," was presented.
Member of the public Joey Fullmer expressed various concerns.
Members of the public Chris Harding, Tom Larmore, Zina Josephs and
Joe Natoli discussed various aspects of the proposed ordinance.
Motion by Councilmember Genser, seconded by Councihnember
O'Connor, to introduce and adopt the ordinance, reading by title only and
waiving further reading thereof. The motion failed by the following vote:
AYES: Councilmembers O'Connor, Genser, Shriver
NOES: Councilmember McKeown, Mayor Bloom
ABSENT: Councilmember Holbrook, Mayor Pro Tem Katz
October 23, 2007
Councilmember McKeown stated, for the record, that he voted in
opposition because he is wary of another Council concession to creeping
gentrification in Santa Monica; that he is painfully aware that without the
special exemptions that the City provides, affordable housing just doesn't
happen in Santa Monica and that these are some of the few areas in town
that are inexpensive enough to make affordable housing possible at all.
Councilmember McKeown further stated that having stated his reasons
for the record, because this ordinance requires five votes for its adoption,
he requested to change his vote to a "yes" vote.
Mayor Bloom requested to change his vote to a "yes" vote.
The motion was approved by the following vote:
AYES: Councihnembers O'Connor, Genser, Shriver, McKeown,
Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook, Mayor Pro Tem Katz
BANNERS ON STREET 7-D: Introduction and first reading of an ordinance amending
POLES Chapter 4 of the Municipal Code to clarify the City's authority to
hang non-commercial banners from street-light poles, in addition to
over-the-street banners, for the purpose of promoting city-produced
or co-produced events or more generally for promoting or calling
attention to the city, its resources, businesses districts, attractions,
and to celebrate holidays and to authorize the City Manger to
approve administrative guidelines, was presented.
Member of the public Eric Zurbrugg spoke in support of the ordinance.
Discussion ensued on the purpose of the ordinance, the cost of printing
and placing banners on poles, first amendment rights issues that maybe
triggered by adoption of this ordinance and potentially limiting use of
banners for holidays or specific issues or advertising acity-sponsored
event.
Motion by Councilmember Genser, seconded by Mayor Bloom, to
introduce the ordinance, reading by title only and waiving further reading
thereof, and amending the ordinance to permit hanging banners to
promote city-produced or city co-produced events and activities, for the
purpose of promoting or calling attention to the city, to celebrate
holidays, or for aesthetic enhancement. The motion was approved by the
following vote:
9 October 23, 2007
AYES: Councilmembers Shriver, Genser, O'Connor, McKeown,
Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook, Mayor Pro Tem Katz
STAFF ITEMS: 8-A: Construction of Public Safety Storage Facilities for the Fire
PUBLIC SAFETY and Police Departments -recommendation to approve the project
STORAGE FACILITIES locations; approve the proposed schematic designs for both facilities; and
direct staff to proceed with a request to bid process and return with
recommendation for adesign/build consultant, was presented.
The following members of the public expressed concerns, including but
not limited to the design, location and impact of the proposed project:
Paul Blount Brian Bland, Jule Lamm, Joe Natoli, Zina Josephs, Lorraine
Sanchez, Susan Hartley, Debra Thorne Ouzounian, Peter Thorson, David
Kaplan, and Catherine Eldridge.
There was no action taken after public comment. Council provided
direction to staff including following a process that mirrors a typical
project approach and identifying additional alternative locations,
appropriate level of funding, and improved project aesthetics.
LIGHT RAIL DRAFT 8-B: Alternative Alignment on Colorado Avenue in Phase 2 Light
EIR/EIS Rail Draft EIR/EIS - recommendation to authorize a request to the
Exposition Construction Authority to study an alternative alignment on
Councilmember Shriver was Colorado Avenue that would allow an at-grade station in downtown
excused at 11:45 p.m. Santa Monica and would assume removal of one travel lane in each
direction to accommodate the light rail line; recommend to the Authority
to study an Olympic Boulevard alternative that preserves the median
island and coral trees and assumes removal of one travel lane in each
direction; and authorize $300,000 for the Exposition Construction
Authority to study the additional Colorado alternative, was presented.
Members of the public Russell Sydney and Darrell Clark commented on
various aspects of the project.
Motion by Councilmember Genser, seconded by Mayor Bloom, to
approve recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Genser, O'Connor, McKeown, Mayor
Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Shriver, Mayor Pro Tem Katz
10 October 23, 2007
PRIVATE EVENT FIRE- 8-C: Information Regarding the Impacts of Fireworks Displays
WORKS DISPLAY and Recommendation to Deny the Pending Request for Fireworks on
Santa Monica State Beach for a Private Event, was presented.
Member of the public Carolyn Mason spoke in support of the request.
Motion by Councilmember McKeown. seconded by Councilmember
Genser, to deny request. The motion was unanimously approved by
voice vote, with Councilmembers Holbrook, Shriver, and Mayor Pro
Tem Katz absent.
COUNCIL ITEMS: 13-A: Appointment to one unscheduled vacancy on the Pier
APPOINTMENTS Restoration Corporation Board of Directors for a term ending
November 13, 2010.
13-B: Appointment to one special vacancy on the Bayside District
Corporation for a term ending June 30, 2010.
On order of the Mayor, Items 13-A and 13-B were continued to the next
Council meeting.
RESIGNATIONS On order of the Mayor, Items 1-C through 13-F to be considered in one
motion.
13-C: Recommendation to accept Kavita Patel's resignation from
the Pier Restoration Corporation and authorize the City Clerk to
publish the vacancy.
13-D: Recommendation to accept Cassandra Muzzey's resignation
from the Commission on the Status of Women and authorize the City
Clerk to publish the vacancy.
13-E: Recommendation to accept Michael D. Guerin's resignation
from the Bayside District Corporation and authorize the City Clerk
to publish the vacancy.
13-F: Recommendation to accept Azita Mosbat's resignation from
the Personnel Board and authorize the City Clerk to publish the
vacancy.
Motion by Councilmember McKeown. seconded by Councilmember
Genser, to approve resignations with regrets. The motion was
unanimously approved by voice vote, with Councilmembers Shriver,
Holbrook, and Mayor Pro Tem Katz absent.
11 October 23, 2007
13-H: Request of Mayor Bloom that the Council consider providing
direction to staff regarding amending existing law relating to
frequency of council meetings and evaluating city council
compensation and staffing.
On order of the Mayor, this matter was continued to the next Council
meeting.
PUBLIC INPUT: Member of the public M. Ross discussed various subjects.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:18
a.m., to Tuesday, October 30, 2007, in memory of Betty Tomeo, Max
Greenberg and Sol Morrison.
ATTEST: APPROVED:
Maria M. Stewart ~ Richard Bloom
City Clerk Mayor
12 October 23, 2007