M-012208CITE' DF SANTA MONICA
CITY C®UNCIL idiINUTES
JANUARY 22, 2008
A regular meeting of the Santa Monica City CoLmcil was called to order by Mayor Pro Tem Bloom aY
5:53 p.m., on Tuesday, January 22, 2008, at City Comlcil Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pro Tem Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Absent: Mayor Herb Katz
Councilmember Bobbv Shriver
Also Present: Citu Manaeer P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENL/PLEDGE On order of the Mayor, the City Comrcil convened at 5:53 p.m., with
Councilmember Shriver and Mayor Katz absent Assistant to the City
Manager Don Patterson led the assemblage in the Pledge of
Allegiances.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed
by a Councilmember for discussion.
Members of the public Joe Natoli and Joey Fullmer expressed various
concerns. Members of the public Phyllis Goff, Janet Mendias, Randy
Walburger and Ken Ward spoke in support of Item 1-F.
On order of the Mayor Pro Tem, Item 1-I was withdrawn at the request of
staff. At the request of Councilmember Genser, Item 1-D was removed
from the Consent Calendar. At the request of Councilmember
McKeown, Items 1-E and 1-H were removed from the Consent Calendar.
Motion by Councilmember Holbrook, seconded by Councilmember
January 22, 2008
O'Connor, to approve all items on the Consent Calendar as presented
except 1-I, I-D, 1-E acid 1-H, reading resolutions by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Connor, Genser,
Holbrook, Mayor Pro Tem Bloom
NOES: None
ABSENT: Councilmember Shriver, Mayor Katz
MINUTES 1-A: The minutes of the January 8, 2008, City Council meeting were
approved as submitted.
DESKTOP COMPUTERS 1-B: Purchase of desktop computers -recommendation to authorize
the City Manager to negotiate and execute Contract No. 8877 (CCS) with
Hewlett Packard, in the amount of $1,920,000, for the purchase,
installation and maintenance of desktop computers, tugs approved.
SANTA MONICA 1-C: Santa Monica Festival -recommendation to authorize the City
FESTIVAL Manager to negotiate and execute professional services Agreement No.
8878 (CCS} in the amount of $111,000 annually, with Community Arts
Resources (CARS), to produce the Santa Monica Festival with options in ,
2009 and 2010; and appropriate funds as proposed, was approved.
1112-1122 PICO 1-F: Resolution No. 10268 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA APPROVING THE FINAL
SUBDIVISION MAP FOR TRACT NO. 61782 TO SUBDIVIDE A
PROPERTY FOR AN EIGHTEEN-UNIT CONDOMINIUM PROJECT
AT 1112-1122 PICO BOULEVARD," was adopted.
MEIDICAL CONSULTING 1-G: Medical Consulting Services -recommendation to authorize the
SERVICES City Manager to negotiate and execute professional services Agreement
No. 8881 (CCS) in the amount of $20,000 per year, with Santa Monica
Bay Physicians Medical Group, for medical consulting services for the
two year contract, was approved.
MUSEUM OF FLYING 1-I: Site designation for Museum of Flying at Municipal Airport -
recommendation to approve the designation of 3090/3100 Airport
Avenue for construction and operation of the Museum; and authorize the
Cite Manager to negotiate and execute an amenchnent to the Museum
Site and Funding Agreement to provide for the continuing subsidy for the
operation of the Museum at its new location.
On order of the Mayor Pro Tem, this item was withdrawn by staff.
January 22, 2008
MOIJNTAINVIEW l-D: Mountain i'iew Mobilehome Park improvement project -
MOEILEIIOME recommendation to authorize the City Manager to negotiate and execute
construction Contract No. 8879 (CCS) with Griffith Company, in the
amount of $4,960,000; and, negotiate and execute Contract No. 8880
{CCS) with Harris & Associates, in the amount of $558,360, for
construction management and community relations services, was
presented.
Councilmember Censer advised he removed this from the Consent
Calendar to add a direction to staff to consider the issues raised by a
member of the public related to Title 25 and to see if any modifications
are appropriate.
Motion by Councilmember Censer, seconded by Cormcilmember
O'Connor, to approve recommendation as amended by Councilmember
Censer's direction to staff. The motion was approved by the following
vote:
AYES: Councilmembers Holbrook, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom
NOES: None
ABSENT: Cormcilmember Shriver, Mayor Katz
SOLAR DEMONSTRA- 1-E: Phase Two Strategy and Plan for Solar Santa Monica
TION PI20JEC'T Demonstration Project - recommendation to authorize the City
Manager to negotiate and execute an amendment to Contract No. 8634
(CCS) with EeoMotion, in the amount of $236,00, to provide services
for Phase 2 of the Project; and authorize a grant to the School District in
the amount of $20,000 to implement an RFP process for a provider of
solar services, was presented.
Councilmember McKeown advised he removed this matter to bifurcate
the vote as to the grant to the School District, and to assure that the
process is easy for participants. Staff answered questions of
Cormcilmember McKeown.
Motion by Cormcilmember McKeown seconded by Councilmember
Genser, to authorize the City Manager to negotiate and execute an
amendment to Contract No. 8634 (CCS) with EeoMotion, in the amount
of $236,050, to proF7de services for Phase 2 of the Project. The motion
was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser,
Holbrook. Mayor Pro Tem Bloom
January 22, 2008
NOES: None
ABSENT: Councilmember Shriver, Mayor Katz
Councllmember McKernvn Councilmember McKeown requested to be excused for the remainder of
was excused at 6: ll p. nz. the motion due to a conflict of interest with the matter.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to authorize a grant to the School District in the amount of
$20,000 to implement an RFP process for a provider of solar services.
The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, O'Connor, Mayor
Pro Tem Bloom
NOES: None
ABSENT: Councilmembers Shilver, McKeown, Mayor Katz
EMPLOYEE MILITARY 1-H: Military reserve and active duty time allowed for permanent
RESERVElACTIVE DITTY City employees -recommendation to adopt Resolution No. 10269 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
Councilmember McKeown PROVIDING FOR EXTENDED TIME FOR MILITARY RESERVE
returned cat 6.•13 ~. rn. TRAIlVING AND CONTINUATION OF SALARY AND BENEFITS
FOR PERMANENT CITY EMPLOYEES CALLED TO ACTIVE
MILITARY DUTY SINCE SEPTEMBER 14, 2001, AND RECOM-
MENDATION TO REPEAL RESOLUTION NO. 9710 (CCS)" was
presented.
Councilmember McKeown advised he removed this item from the
Consent Calendar to request that the phrase "For Homeland Defense" in
the resolution be deleted in order to extend benefits to all employees who
are serving in active duty in the military not just those deployed for
homeland defense purposes.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to adopt resolution as amended by Councilmember McKeown
The motion was approved by the following vote;
AYES: Councilmembers Holbrook, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom
NOES: None
ABSENT: Councilmember Shriver, Mayor Katz
CLOSED SESSIOl\TSs On order of the Mayor Pro Tem, the City Council recessed at 6;22 p.m.,
to consider closed sessions and reconvened at 7:26 p.m., with
4 January 22; 2008
Councilmember Shriver and Mayor Katz absent, to report the following:
2-A: Conference with Legal Counsel -Existing Litigation: Richard
Schneider v. City of Santa Monica, Case No. SC 088496.
ACTION: Not Heard.
2-B: Conference with Legal Counsel -Existing Litigation: City of
Santa Monica v. Baron & Budd. P. C., Case No. BC 315 186.
ACTION: Not Heard.
2-C: Conference with Legal Counsel -Existing Litigation:
Farrokh Ghodsi v. City of Santa Monica, Case No. SC 092 645.
Motion by Councilmember McKeown, seconded by Councilmember
O'Connor, to approved Settlement No. 8882 (CCS) in the amount of
$50,000. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom
NOES: None
ABSENT: Councilmember Shriver, Mayor Katz
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 Counsel -Existing Litigation: Henry
Morgan v. Citg- of Santa Moniea, Case No. SC 089 903.
ACTION: Not Heard.
STUDY SESSION:
3-A: Discussion of "Managing the Future of Downtown Santa
Monica Project Update" and related policy issues, was presented.
Members of the public Joey Fullmer Jerry Rubin, and Joe Natoli
expressed various concerns on the proposed project.
After considerable discussion, and on order of the Mayor Pro Tem, the
information was received and filed.
January 22, 2008
ORI3INANCES: 7-A: Second reading and adoption of Ordinance No. 2246 (CCS)
BEACH AND WATER entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ACTIVITIES AMENDING MUNICIPAL CODE SECTION 4.08.025 AND 4.08.060
RELATING TO REGULATION OF BEACH AND WATER
ACTIVITIES AT SANTA MONICA STATE BEACH," was presented.
Motion by Councilmember Holbrook, seconded by Councilmember
McKeown, to adopt ordinance, reading by title only and waiv7ng further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloorn
NOES: None
ABSENT: Councilmember Shriver, Ylayor Katz
GREEN BUILDING 7-B: Resolution making findings of local slimatic, geological and
DESIGN topographical conditions; and, introduction and first reading of an
ordinance madifying Municipal Code Section 8.108 related to Green
Building Design; Chapter 7.60 related to construction and
demolition waste handling requirements; and Sections
9.04.10A4.100, and 9.04.10.04.1.10 related to landscape irrigation and
design standards.
On order of the Mayor, this matter was continued to February 12, 2008.
RESIDENTIAL 7-C: Introduction and first reading of an ordinance establishing
PROTESTS distance requirements for targeted residenfial protests and
prohibiting the use of dangerous sticks and poles in demonstrations,
was presented.
Members of the public Joey Fullmer, Pro Se and Joe Natoli commented
on various aspects of the proposal. Members of the public Pamela
Feodin and Jerry Rubin spoke in opposition of the proposed ordinance.
Motion by Councilmember Genser, seconded by Cotmcilmember
O'Connor, to introduce the ordinance amended to include the following
language where appropriate: "Nothing in this section shall prohibit a
disabled person from carrying a cane, walker, or similar device necessary
for providing mobility so that the person may participate in a
demonstration, rally, picket line, parade or assembly,'' and reading by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers O'Connor, Genser, Holbrook, Mayor
Pro Tem Bloom
NOES: Cotmcilmember McKeown
January 22, 2008
ABSENT: Councilmember Shriver, Mayor Katz
Councilmember McKeown stated he voted "no" on behalf of the innocent
residents who live 50 feet away and are the new victims of this
inadequate solution.
STAFF ITEMS: 8-A: Off-peak parking rates at Library and Civic Garages; free or
REDUCED PARKING reduced parking rates for certain Santa Monica high School events -
RATES recommendation to: adopt Resolution No. 10270 {CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING
A $3.00 PER ENTRY OFF-PEAK PARKING RATES AT THE
LIBRARY AND THE CIVIC CENTER; AUTHORIZE THE CITY
MANAGER OR DESIGNEE TO ALLOW FREE OR REDUCED RATE
PARKING FOR UP TO 25 EVENING EVENTS AT SANTA MONICA
HIGH SCHOOL"; and authorize the City Manager or designee to allow
fi-ee or reduced parking rates for City-sponsored noticed meetings or
events that are free and open to the public, was presented.
There was no one present for public comment.
Motion by Councilmember O'Connor. seconded by Councilmember
Denser, to adopt resolution and approve recommendation. The motion
was approved by the following vote:
AYES: Councilmembers Holbrook, Denser, O'Connor,
McKeown, Mayor Pro Tem Bloom
NOES: None
ABSENT: Councilmember Shriver, Mayor Katz
CULTURAL FUNDING 8-B: Proposal for the reorganization of the City's Cultural
PROGRAiYIS Funding Programs -recommendation to accept the Consultant's report;
authorize the City Manager to negotiate and execute two-year
amendments to Contract Nos. 87b9 tIn-ough 8772 (CCS), and Nos. 8774
through 8780 {CCS) extensions to existing Cultural/Arts Organizational
Support Grant Agreements for FY's 2008-2010; and authorize staff to
put new granting programs in place as funding becomes available with
funding amounts to be authorized by Cotmcil during future budget
processes, was presented.
The following members of the public spoke in support of the proposal:
Lisa Melandin, Asuka Hisa, Eric Vollmer; Carol Lemlein; Maya
Emsden, Donna Steinberg, Mikey Myers, John Ruskin, Dylah
McDermott, Austin Highsmith, Chris Mulkeg, Karen Landry, Amelia
Mulkeg, Eddie Jauregui, Ed Horowitz, Ilia Lopez, David Bosnao, Linda
Sullivan, Suchi Branfmau, Leo Aguilar, Aleks Will, Fred Deni, Linda
7 January 22, 2008
Jassim, Jan Williamson, Vida Vierra, Elena Allen and Genise Schnitman.
Motion by Councilmember McKeown, seconded by Councilmember ---
Genser, to approve staff recommendation, including that the proposed
reorganization of the cultural funding programs be included in the draft
2008-2009 budget. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser,
Holbrook, Mayor Pro Tem Bloom
NOES: None
ABSENT: Councilmember Slmiver, Mayor Katz
BUS SHELTER; BUS 8-C: Bus Shelter and Bus Stop On-street signage design and
STOP; SIGNAGE DESIGN master plan -reconmiendation to provide direction and feedback on the
bus shelter and on-street signage master plan and on the bus shelter and
sign styles; and recommendation to authorize the City Manager to
negotiate and execute an amendment to existing contract with Amphion,
in the amount of $96,270 for completion of site analysis and final
drawings for the shelter, was presented.
There was no one present for public comment.
Discussion ensued on the options presented to Council and direction was
provided to staff. On order of the Mayor, the information was received
and filed.
BOARDS/COIi~IMISSIONS 10-A: Request from the Architectural Review Board that Council
EXCELLENCE A6VARD5 approve a proposed Excellence Awards Program to be administered
PROGRAldI by the City of Santa tl~Ionica, under the general oversight of the
Architectural Review Board, was presented.
Councilmember Holbrook
was excused at 11: 26 p. m. Architectural Review Board members Rodolfo Alvarez and Michael
Folonis spoke in support of the request.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to refer the request to staff to return with either an information
item or an item on the agenda for action providing information on cost
and staffing implications. Staff to consult with the Architectural Review
Board prior to retunung to Council. The motion was unanimously
approved by voice vote, with Councilmembers Holbrook, Shriver, and
Mayor Katz absent.
WRITTEN REQUESTS: 12-A: Request of Nathan Crowe that the City Council require, as a
IZZY'S RESTAURANT result of a pattern of chronie and flagrant code violations, that Izzy's
deli restaurant be closed during the hours of 12:00 a.m., and 8:00
January 22, 2008
a.m., or alternately, that the parking lot north and adjacent to the
restaurant be required to be physically clased and not be nsed for
any purpose other than fire and emergencies between the hours of
12:00 a.m., and 8:00 a.m.
On order of the Mayor, and requestor Nathan Crowe not being present for
this matter, the information was received and filed.
COUNCIL ITEMS: 13-A: Appointment to one unscheduled vasancy on the Pier
APPOINTMENTS Restoration Corporation Board of Directors for a term ending
November 13, 2010, and one unscheduled vacancy for a term ending
November 10, 2009.
On order of the Mayor, this matter was continued to February 12, 2008.
APPOINTMENT 13-B: Appointment to one unscheduled vasancy on the
Architectural Review Board for a term ending June 30, 2009.
On order of the Mayor, this matter was continued to Febniary 12, 2008.
RESIGNATION 13-C: Recommendation to accept Patty Richardson's resignation
from the Disabilities Commission and authorize the City Clerk to
publish the vacancy, was presented.
Motion by Councilmember Genser. seconded by Councilrember
O'Connor, to approve recommendation. The motion was unanimously
approved by voice vote, with Conueilmembers Holbrook, Shriver, and
Mayor Katz absent.
APPOINTMENT 13-D: Request of Mayor Katz and Councilmember O'Connor that
Council appoint Mayor Pro Temp Richard Bloom as the alternate to
the Expo Construction Authority Board for the February meeting,
was presented.
Motion by Councilmember O'Connor. seconded by May°or Pro Tem
Bloom, to approve request. The motion. was unanimously approved by
voice vote, with Coumcilmembers Holbrook, Shriver, and Mayor Katz
absent.
ACA 10 (Feuer) 13-E: Request of Mayor Pro Tem Bloom and Councilmember
O'Connor to secure Council support for ACA 10 (Feuer) for a State
constitutional amendment to lodver the vote threshold from two-
January 22, 2008
thirds to 55% for transportation funds. was presented.
Motion by Councilmember O'Connor, seconded b~Mayor Pro Tem 1
Bloom, to approve request. The motion was unanimously approved by
voice vote, with Councilmembers Holbrook, Shriver, and Mav_ or Katz
absent.
PUBLIC INPUT': Members of the public Pro Se and M. Ross expressed various concerns
and opinions.
ADJOUIdNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:47
p.m. to February 12, 2008.
ATTEST: APPROVED:
~~ ~ ~~
Maria M. Stetivart 'chard Bloom
City Clerk Mayor Pro Tem
10 January 22, 3008