M-112707CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 27, 2007
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:53 p.m.,
on Tuesday, November 27, 2007, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor Pro Tem Herb Katz
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Councilmember Bobby Shriver (arrived at 6:19 p.m.)
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
Deputy City Clerk Esterlina Lugo
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:53 p.m., with
Councilmember Shriver absent. Herb Katz, Mayor Pro Tem, 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 Louisa Fish and Joey Fullmer discussed various
Consent Calendar items.
At the request of Councilmember Genser, Items 1-H and 1-I were
removed from the Consent Calendar.
Motion by Mayor Pro Tem Katz, seconded by Councilmember
O'Connor, to approve all items on the Consent Calendar as presented
except Items I-H and I-I, reading resolutions by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, O'Connor,
November 27, 2007
McKeown, Mayor Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
MINUTES 1-A: The minutes of the November 13, 2007, City Council meeting
were approved as submitted.
DIAL-A-RIDE 1-B: Dial-A-Ride Paratransit Services -recommendation to
PARATRANSIT authorize the City Manager to negotiate and execute a second amendment
to Contract No. 8839 (CCS) with Dial-A-Ride Paratransit, on a month-to-
monthbasis for a period of three months, was approved.
CITY HALL SECURITY 1-C: City Hall security camera system -recommendation to
CAMERA authorize the City Manger to negotiate and execute Contract No. 8858
(CCS) with Firstline Security, in the amount of $199,105, for installation
of a security camera system for City Hall and Department offices, and for
maintenance of the system, was approved.
FINAL TRACT MAP 1-D: Resolution No. 10262 (CCS) entitled: "A RESOLUTION OF
NO.61226 THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP
NO. 61226 FORA 5-UNIT CONDOMINIUM PROJECT AT 811 19TH
STREET," was adopted.
HOMELESS SERVICES 1-E: Santa Monica Homeless Services Network -recommendation to
NETWORK authorize the City Manager to negotiate and execute an amendment to
Contract No. 8407 (CCS) with Chris Former, in the amount of $64,800,
for computer services to support the network, was approved.
MTA 1-F: Resolution No. 10259 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF
THE CITY ON MATTERS ASSOCIATED WITH ADMINISTRATION
AND IMPLEMENTATION OF VARIOUS GRANT-FUNDED
PROGRAMS AWARDED THROUGH THE METROPOLITAN
TRANSPORTATION ADMINISTRATION," was adopted.
PUBLIC ATTORNEYS 1-G: Resolution No. 10260 (CCS) entitled: "A RESOLUTION OF
LEGAL SUPPORT MOU THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC
ATTORNEYS LEGAL SUPPORT STAFF UNION," was adopted.
2 November 27.2007
GREEN CITIES 1-J Resolution No. 10261 (CCS) entitled: "A RESOLUTION OF
CALIFORNIA THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO JOIN
GREEN CITIES CALIFORNIA AND TAKE ACTION TO
ACCELERATE LOCAL REGIONAL, NATIONAL AND
INTERNATIONAL EFFORTS TO ACHIEVE SUSTAINABILITY,"
was adopted.
USE OF COPS GRANT 1-K: Uses and appropriation of Citizens' Option for Public Safety
FUNDS funding -recommendation to appropriate $176,633 in 2006 Citizens'
Option for Public Safety grant funding and authorize the purchase of new
crime mapping applications, online crime mapping system, and related
equipment for mobile data computers, was approved.
CITY WEBSITE DESIGN 1-L: Website design services -recommendation to authorize the City
Manager to negotiate and execute Contract Nos. 8861 and 8862 (CCS)
with PMC, in the amount of $125,330, to provide services to redesign the
City's website and implement a content management systems; and
appropriate asset seizure funds of $50,000 for part of the cost, was
approved.
UTILITY USER5 TAX 1-M: Survey research for potential Utility Users Tax (UUT) Ballot
BALLOT MEASURE Measure -recommendation to approve proposed survey research to
assess community attitudes and support for a potential ballot measure to
modernize the UUT as applicable to telecommunications, was adopted.
BBB OPERATIONS 1-N: BBB financial strategies and operations analysis -
recommendation to authorize the City Manager to negotiate and execute
Services Agreement No. 8863 (CCS) with TransTrack Systems, in the
amount of $91,501, to provide an analysis for the BBB, was approved.
SOLID WASTE 1-O: Provision of services related to public/private partnership for
TRANSFER SERVICES solid waste transfer services -recommendation to authorize the City
Manager to negotiate and execute a 6th amendment to Contract No. 8524
(CCS), with Gershman, Brickner and Bratton, Inc., in the amount of
$50,000, for additional services to assist in negotiations and to advise on
the developing of a public/private partnership, was approved.
PARKING OPERATIONS I-P: Management services for parking operations -
recommendation to authorize the City Manager to negotiate and execute
an amendment to Contract No. 8376 (CCS) with Parking Concepts
Incorporated, in the amount of $3,605,980 to extend contract through
June 2008; approve the proposed appropriation of funds for the contract;
and, authorize the negotiation of an additional one-year option through
November 27, 2007
May 2009, was approved.
SECURITY SERVICES 1-H: .Security Services for BBB Facilities - recommendation to
FOR BBB FACILITIES authorize the City Manager to negotiate and execute a contract with
International Services, in the amount of $1,940,368, to provide security
services for BBB facilities, and to appropriate additional proposed funds,
was presented.
Councilmember Genser advised he removed this item from consent
calendar to discuss the issue of contracting out services that could
potentially be performed city workers. Staff responded to questions from
Councilmembers and provided additional information.
Motion by Councilmember Genser, seconded b~yor Pro Tem Katz, to
approve recommendation, with the requirement that the contract have a
30-day cancellation provision. The motion was approved by the
following vote:
AYES: Councilmembers Holbrook, Genser, O'Connor,
McKeown, Mayor Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
WOODLAWN 1-L Woodlawn Cemetery Landscaping Services -recommendation
CEMETARY to authorize the City Manager to negotiate and execute a contract with
LANDSCAPING Va1leyCrest Landscape Maintenance, in the amount of $431,143, for
grounds landscape maintenance services, was presented.
Councilmember Shriver
arrived at 6:19 p. m. Councilmember Genser advised he removed this item from the consent
calendar to discuss the issue of contracting out services that could
potentially be performed by city workers and to ask questions related to
the comparisons presented in the staff report. Staff responded to
questions from Councilmembers and provided additional information.
Motion by Councilmember Genser, seconded by Mayor Pro Tem Katz, to
approve recommendation, with the two stated amendments and with the
requirement that the contract have a 30 day cancellation provision.
Councilmember McKeown amended the motion by including a directive
to staff that in bringing this item back they examine and take into account
the policy discussion had by council previously at a retreat, which
included not replacing city jobs with out source jobs.
4 November 27, 2007
City Manager Ewell requested tat the motion include, that council
appropriate $231,442 to account No. 37641.555010 from the General
Fund as a loan to the Cemetery Fund.
CLOSED SESSIONS:
The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: None
On order of the Mayor, the City Council recessed at 6:26 p.m., to
consider closed sessions and returned at 7:27 p.m., with all members
present, to report the following:
There was no one present for public comment.
2-A: Public Employee Evaluations.
Title of Employees: City Attorney, City Manager
ACTION: Not Heard.
2B: Conference with Legal Counsel - Anficipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(b): one dispute involving real property at 2219
Ocean Avenue.
A proposed settlement was recommended by the City Attorney as
follows: Council would schedule a new hearing on whether the property
at 2219 should be landmarked, and at such a hearing Council would give
consideration to the substantive merits of the case. The June 26th public
testimony, which occurred at the previous proceeding on the matter,
would be included as part of the record so that those persons who
appeared on the 26`h would know that their testimony would remain on
the record. If at the rescheduled hearing less than six members of the
Council should be present, the appellant would be entitled to request a
continuance and the City Council would retain complete discretion to
decide whether to continue the proceeding or not. The foundation would
retain the right to appeal a determination made by the Council, but the
foundation (which is the appellant) would waive any right to challenge
the Council's decision based on a claim that the Council had abused its
discretion by failing to continue the matter, further, the foundation would
November 27, 2007
relinquish any claim which may have arisen in conjunction with the
preceding of June 26"'.
Motion by Mayor Pro Tem Katz, seconded by Councilmember Holbrook,
to approve settlement as proposed by the City Attorney. The motion was
approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, O'Connor,
Mayor Pro Tem Katz, Mayor Bloom
NOES: Councilmembers McKeown, Genser
ABSENT: None
Councilmember McKeown requested the record state that his "no" vote
is because he participated in a valid hearing last June at which a quorum
of the City Council was present, and the behavior of some persons that
night didn't justify imposing ongoing uncertainty on the Ocean Park
community about the property.
2-C: Conference with Legal Council -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.
ADMIN. ITEMS: 6-A: Appeal of Landmarks Commission designation of the
423-431 OCEAN AVE. 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,
was presented.
Assistant City Attorney Joe Lawrence stated the City received a letter
from the appellant's attorney indicating they would not appear before the
City Council, and would waive oral argument. Joe's recommendation
was to continue with the hearing and allow testimony from the public.
For the record the Mayor called for the appellant to come forth for oral
argument. Neither the appellant, nor anyone representing the appellant
appeared to be present. On order of the mayor, the hearing continued.
The following members of the public spoke in opposition to the appeal:
Anthony Carr, Marcello Varala, Ron Lachner, Leslie Sherman and Freya
Kelly.
6 November 27, 200'7
There was no one present to rebut public comments.
Discussion ensued on the merits of the appeal, the merits of the
Landmark designation, and on the public comments received.
Motion by Councilmember O'Connor, seconded by Councilmember
McKeown, to deny the appeal and designate the property as a City
Landmark based on the finding that meets criteria no.l set forth by the
Landmarks Commission, and amended to exclude the rear garage.
Councilmember O'Connor amended her motion to exclude the rear
garage from the designation.
Councilmember McKeown, accepted the motions as friendly.
The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: None
ORDINANCES 7-A: Second reading and adoption of Ordinance No. 2244 (CCS)
BUILDING entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
STANDARDS CODE OF SANTA MONICA ADOPTING THE CALIFORNIA BUILDING
STANDARDS CODE AND THE SANTA MONICA AMENDMENTS
TO THE CALIFORNIA BUILDING STANDARDS CODE," was
presented.
Motion by Mayor Pro Tem Katz, seconded by Councilmember Holbrook,
to adopt ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: None
GAS SHUTOFF 7-B: Second reading and adoption of Ordinance No. 2245 (CCS)
November 27, 2007
DEVICES entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADDING SECTION 8.32.070 TO THE SANTA
MONICA MUNICIPAL CODE TO REQUIRE THE INSTALLATION
OF APPROVED GAS SHUTOFF DEVICES IN BUILDINGS,
STRUCTURES AND MOBILEHOME PARKS PRIOR TO SALE OR
EXCHANGE, WHEN NEWLY CONSTRUCT4D OR WHEN THE
COST OF ADDITIONS OR ALTERATIONS EXCEED $10,000," was
presented
There was no one present for public comment.
Motion by Councilmember Holbrook, seconded b~~ Mayor Pro Tem Katz,
to adopt ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: None
MUNICIPAL AIRPORT 7-C: Introduction and first reading of an ordinance adding Section
SAFETY 10.04.06.150 to the Municipal Code conforming the use of Santa
Monica Municipal Airport to its federally designated specification of
ARC B-11, for public safety purposes including the safety of
residents living immediately adjacent to the airport runway ends and
those individuals using and working at the airport, was presented.
Members of the public Jim Donaldson, Gwen Rinehart, Jay Becker,
Dennis Gomez, Bill MacDonald, Martin Rubin, Zina Josephs, Cathy
Larson, Lorraine Sanchez, Susan Hartley, Gregory Wain, Brian Bland
and Jerry Rubin discussed various aspects of the ordinance.
Staff advised that a meeting has been set in Washington for December 5,
2007, with four members of Congress, the FAA and the City to discuss
this matter. As a result, second reading is to take place the first meeting
in January 2008, and not on December 11, 2007.
City Attorney Marsha Moutrie stated for the record that the ordinance
was being amended to reflect corrections with no substantive changes;
Municipal Code Section "10.04.06.150" is amended to read
8 November 27, 2007
"10.04.06.220' ; On page 5, "banning C and D aircraft" is deleted and on
page 7 "killing a child" is deleted.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
Katz, to introduce the ordinance with the amendments read by the City
Attorney, reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: None
STAFF ITEMS: 8-A: Village Trailer Park Concept Plans - recommendation to direct
VILLAGE TRAILER staff to pursue a development Agreement negotiation and review process
PARK CONCEPT PLAN with applicant to determine if an appropriate project that satisfies the
removal requirements of the City Charter can be identified and approved
upon execution of the proposed MOU; and direct staff regazding the
Development Agreement's potential public benefits and appropriateness
for redevelopment of the site and the consideration of alternatives, was
presented.
Members of the public Joey Fullmer, Dan Manross, James White, Jack
Waddington, Tom Baxter, Cherly Gaines, David Latham, Catherine
Eldridge, Sally Molloy, Robert Blumfield, Calvin Normore, Jack Donor,
Deborah Goodwin, Steve Lancaster, Zina Josephs, Lorraine Sanchez,
David Engelberg discussed various aspects of the recommendation.
Motion by Councilmember Genser, seconded by Councilmember
McKeown, to authorize execution of the proposed MOU; direct staff to
pursue development agreement negotiations review process upon
execution of MOU by the applicant; and to consider the various
comments made by Council as the framing during the exploration of the
development agreement.
Motion to amend by Councilmember McKeown, to have staff take as
direction for the negotiations the list of considerations generated by the
planning commission on page 15 and 16 of the staff report.
Motion to amend by Councilmember O'Connor, to have the Sustainable
City Plan goals included during negotiations.
November 27, 2007
Motion to amend by Mayor Pro Tem Katz, to have staff and developer
work with owners to come up with an overall plan that will serve the
entire city and the neighborhood.
Councilmember Genser, accepted the motions as friendly.
The motion, as amended, was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: None
ANNENBERG 8-B: Concessionaire selection criteria for Annenberg Community
COMMUNITY BEACH Beach Club -recommendation that Council approve specific criteria for
CLUB selection of an operator to provide concession services at the Annenberg
Community Beach Club at Santa Monica State Beach., was presented.
Member of the public Joey Fullmer spoke on various aspects of the
subject matter.
Motion by Councilmember McKeown. seconded by Councilmember
O'Connor, to approve recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tem Katz, Mayor Bloom
NOES: None
ABSENT: None
COMMERCIAL 8-C: Responses to proposals to provide commercial collection
COLLECTION services -recommendation to direct staff to proceed with developing an
SERVICES implementation plan for the Solid Waste Management Division to be the
sole provider for commercial collection citywide; and direct staff to keep
roll-off service an open market activity and implement permit criteria to
establish diversion rates and use of alternative fuel vehicles, was
presented.
Eric Herbert, President of Athens Services, spoke in support of his
company.
10 November 27, 2007
Motion by Mayor Bloom, seconded by Mavor Pro Tem Katz, to approve
recommendation. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, O'Connor,
Mayor Pro Tem Katz, Mayor Bloom
NOES: Councilmembers Genser, McKeown
ABSENT: None
Motion by Councilmember McKeown, seconded by Mavor Bloom,
receive information from staff as to alternate locations, if necessary, for
the green depot. The motion was unanimously approved by voice vote,
with all members present.
ANTI-SMOKING 8-D: Proposed amendment to Anti-smoking Ordinance -
ORDINANCE recommendation that Council direct staff to prepare an amendment to the
anti-smoking ordinance to create liability for business owners and
Councilmember Shriver was managers who knowingly allow smoking in outdoor dining areas, was
excused at 12:02 a. m. presented.
Motion by Councilmember Holbrook, seconded b}~ Mayor Pro Tem Katz,
to continue this matter to a future meeting.
Motion to amend by Councilmember Genser, to continue item 8-C along
with 8-D.
Mayor Pro Tem Katz, did not accept the motions as friendly.
Councilmember McKeown seconded the motion made by
Councilmember Genser, to continue item 8-C along with 8-D. The
motion failed by a 3/4 voice vote, with all members present.
The original motion was passed by a 5/2 voice vote, with all members
present.
Councilmember McKeown requested the record state that his "no" vote
reflects the belief that health matters should be dealt with more
expeditiously.
11 November 27, 2007
COUNCIL ITEMS: 13-A: Appointment to two annual vacancies on the Pier Restoration
ANNUAL Corporation with terms ending November 8, 2011.
APPOINTMENTS
UNSCHEDULED 13-B: Appointment to one unscheduled vacancy on the Pier
VACANCY Restoration Corporation Board of Directors for a term ending
November 13, 2010.
On order of the Mayor, Items 13-A and 13-B were continued to the next
Council meeting.
SUSTAINABLE CITY 13-C: Request of Councilmember McKeown that Council direct
PLAN staff to recommend criteria for analyzing planning and land use
decisions for consistency with our adopted Sustainable City Plan,
such that objective sustainability evaluations of policies and projects
may be added to Planning Commission and City Council staff
reports on such matters, was presented.
SUSTAINABLE CITY 13-D: Request of Councilmember O'Connor that the Council
PLAN/LUCE confirm that the Santa Monica Sustainable City Plan (SCP) and
principles be integrated into the General Plan's Land
Use/Circulation Elements (LUCE) update process and
outcomes. This General Plan update process should include ways to
implement the LUCE/SCP principles together and
implementation may include mechanisms such as performance-based
standards and zoning requirements to ensure that future land uses
meet the LUCE/SCP principles and goals. The ultimate goal is for an
integrative LUCE/SCP framework and review process. No resources
should be diverted from completion of the LUCE process so
that its completion and integration with the SCP occurs as soon as
possible.
On order of the Mayor, Items 13-C and 13-D to be considered in one
motion.
Members of the public Catherine Eldridge, Zina Josephs, Lorraine
Sanchez Brian Hutchings discussed various aspects of the subject matter.
Motion by Councilmember McKeown, seconded by Councilmember
12 November 27, 2007
O'Connor, to approve items 13-C and 13-D. The motion was unanimously
approved by voice vote, with Councilmember Shriver absent.
USE OF REUSABLE 13-E. Request ofCouncilmemberMcKeown,attherequestofHealthe
TOTE BAGS Bay, that the Council adopt a resolution by which the City of Santa
Monica would join the City and County of Los Angeles in declaring
December 20, 2007 "A Day Without a Bag," encouraging holiday
shopping with reusable tote bags rather than single-use plastic and
paper carry-out bags, in the interest of sustainability, reduction of
landfill and protection of the marine environment, was presented.
Member of the public Brian Hutchings spoke on various aspects of the
subject matter.
Motion b~Councilmember McKeown, seconded by Councilmember
O'Connor, to adopt a resolution declaring December 20, 2007 "A Day
Without a Bag." The motion was unanimously approved by voice vote,
with Councilmember Shriver absent.
PUBLIC INPUT: The following membersofthepublicdiscussedvariousissues: Trisha Roth,
Brian Hutchings and Lee Jones.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:30
a.m.
ATTEST: APPRO~VE~D:
0 ~~ ~~~-----.
Esterlina Lug )~ichard Bloom
Acting City Clerk Mayor
13 November 27, 2007