M-101408CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 14, 2008
A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:47
p.m., on Tuesday, October 14, 2008, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Herb Katz
Mayor Pro Tem Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Bobby Shriver
Absent: Councilmember Pam O'Connor
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 5:47 p.m., with
Councilmember O'Connor absent. Deputy City Manager Elaine
Polachek 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 Pro Se, Rita Lowenthal, Louisa Fish, and Joey
Fullmer commented on various Consent Calendar Items.
At the request of staff, Item 1-L was removed from the Consent
Calendar. At the request of Councilmember McKeown, Item 1-A was
removed from the Consent Calendar.
Motion by Councilmember Genser. seconded by Mayor Katz, to approve
all items on the Consent Calendar as presented except Items 1-A and 1-L,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, McKeown, Mayor
October 14, 2008
Pro Tem Bloom, Mayor Katz
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: Councilmember O'Connor
SHORT RANGE 1-B: Short Range Transit Plan and application for funds -
TRANSIT PLAN recommendation to authorize the City Manager to file the Short Range
Transit Plan with the L.A. County Metropolitan Transportation
Authority; and adopt Resolution No. 10348 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE FILING OF GRANT APPLICATIONS AND AUTHORIZING
THE CITY MANAGER TO EXECUTE RELATED DOCUMENTS
AND AGREEMENTS," was approved.
WATER EFFICIENCY 1-C: Grant funds for water efficiency internship -recommendation
INTERNSHIP to authorize the City Manager to negotiate and execute Contract No.
8988 (CCS) with the Metropolitan Water District of Southern California
to accept grant funding in the amount of $15,000 for a water efficiency
internship; and authorize proposed budget changes to appropriate funding
in expenditure accounts and establish budget in revenue account, was
approved.
LANDSCAPE PROGRAM 1-D: Recommendation to approve proposed changes to the Water-
Efficiency Competitive Landscape Grant Program, was approved.
WATER CONSERVA- 1-E: Acceptance of water conservation grant funds -
TION GRANT recommendation to authorize the City Manager to negotiate and execute
Contract Nos. 8989 and 8990 (CCS) with the Department of Water
Resources in the amounts of $250,000 for Sustainable Landscape Grant
Program, and $70,000 for the Rain Harvest Rebate Program; and
authorize budget changes to appropriate funding in expenditure accounts
and establish budget in revenue account, was approved.
CIVIC CENTER 1-F: Tax-exempt Bonds for Civic Center Affordable Housing
HOUSING BONDS Project -recommendation to adopt Resolution No. 10349 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
APPROVING THE ISSUANCE OF TAX-EXEMPT BONDS BY THE
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY TO ASSIST IN THE FINANCING OF 160
AFFORDABLE HOUSING UNITS IN THE CIVIC CENTER
VILLAGE," was approved.
LANDSCAPE MAINTE- 1-G: Landscape Maintenance Services -authorize the City Manager -
2 October 14, 2008
NANCE SERVICES to negotiate and execute an amendment to Contract No. 8479 (CCS) with
TruGreen Landcare to include 11 additional sites requiring monthly
maintenance in the amount of $217,147, was approved.
PIER STORM DRAIN 1-H: Pier Storm Drain Improvements -recommendation to authorize
the City Manager to negotiate and execute professional services Contract
No. 8991 (CCS) with RBF Consulting in an amount not to exceed
$350,000, to provide design services for the Pier Storm Drain
Improvement Project; and authorize the proposed budget changes as
outlined in the staff report, was approved.
FIREFIGHTERS MOU 1-I: Recommendation to adopt Resolution No. 10350 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE MOU 7881 (CCS) BETWEEN THE CITY
AND SANTA MONICA FIREFIGHTERS LOCAL 1109 IAFF," was
approved.
CITYTV L.A. COUNTY 1-J: Pilot County Channel provided by CityTV -recommendation
CHANNEL to authorize the City Manager to negotiate and execute an amendment to
Delegated Authority Agreement No. 8820 (CCS) with Los Angeles
County for the City to receive up to $305,000 from the County in
exchange for CityTV providing the County with programming and video
services, was approved.
PARKING OPERATIONS 1-K: Parking Operations Audit -recommendation to authorize the
AUDIT City Manager to execute an amendment to Contract No. 8864 (CCS) with
Walker Parking Consultants to modify the scope of work and to increase
the total contract amount to $270,000, was approved.
PROPOSITION 5 1-L: California State Proposition 5 -recommendation to oppose
Proposition 5, the statewide initiative dealing with nonviolent drug
offenses, sentencing, parole and rehabilitation, and adopt a resolution
opposing Proposition 5.
ACTION: Withdrawn by staff.
MINUTES 1-A: Approval of minutes of the September 16 and September 23,
2008, Council meetings, was presented.
Councilmember McKeown removed the minutes to get clarification on
October 14, 2008
the motion under Item 8-C of the September 23 minutes, where staff was
directed to return with a certain report at the next meeting, if possible,
and he questioned the clarity of the motion because the report is not listed ~~
on this meeting's agenda.
Discussion ensued on the motion as written in the minutes and on
whether clarification was needed or whether the motion was accurate as
written. After discussion the following motion was made:
Motion by Councilmember McKeown seconded by Councilmember
Shriver, to approve the September 16"' minutes as revised to reflect that
under 13-A, Councilmember McKeown made the nominations to the
Arts Commission; and to approve the September 23`d minutes as
submitted. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Shriver, Holbrook,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor
AGENDA Motion by Mayor Pro Tem Bloom seconded by Councilmember Genser,
MANAGEMENT to hear Items 3-A and 13-E concurrently. The motion was approved by
voice vote, with Councilmembers Genser and McKeown voting in
opposition, and with Councilmember O'Connor absent.
Motion b~Mavor Pro Tem Bloom seconded by Councilmember Genser,
to continue Item 7-F to a future meeting so staff can consider additional
related issues: The motion was approved by the following vote:
AYES: Councilmembers Genser, Holbrook, Mayor Pro Tem
Bloom, Mayor Katz
NOES: Councilmembers Shriver, McKeown
ABSENT: Councilmember O'Connor
CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:21 p.m., to
consider closed sessions and returned at 7:26 p.m., with Councilmember
O'Connor absent, to report the following:
2-A: Conference with Legal Counsel -Existing Litigation -
NMBroadwav Studios, LLC v. City of Santa Monica, Case No. BS
110077; Lincoln Studios LLC v. City of Santa Monica, Case No. B5
110078• Nebraska Studios LLC v of Santa Monica, Case No. BS
110079.
October 14, 2008
ACTION: Not Heard.
2-B: Conference with Legal Counsel -Existing Litigation: Ellen
Potts v. City of Santa Monica, Case No. SC 095 085.
Motion By Mayor Katz, seconded by Mayor Pro Tem Bloorr~ to approve
Settlement No. 8992 (CCS), in the amount of $100,000 for the plaintiff.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Holbrook, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: Councilmember O'Connor
2-C: 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-E: Conference with Legal Counsel -Existing Litigation: United
States of America and Peters v. City of Santa Monica, USDC, Case
No. CV08-02695 CW(Ex).
ACTION: Heard. No reportable action taken.
2-F: Conference with Legal Counsel -Existing Litigation: Smilev
v. City of Santa Monica, Case No. BC394492.
ACTION: Heard. No reportable action taken.
2-G: Anticipated Litigation: Anticipate significant exposure to
litigation Pursuant to Government Code Section 54956.9(b): 161
Ocean Park Boulevard.
ACTION: Not Heard.
2-H: Anticipated Litigation: Anticipate significant exposure to
litigation Pursuant to Government Code Section 54956.9(b): 2300
Wilshire.
ACTION: Not Heard.
October 14, 2008
2-I: Conference with Legal Counsel -Existing Litigation: Amv
StroriE and Christopher Peterson v. Citv of Santa Monica, Case No.
SC 096 143.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem
Bloom, to approve Settlement Nos. 8993 (CCS) in the amount of $55,000
for Amy Strong and 8994 (CCS) in the amount of $25,000 for
Christopher Peterson. The motion was approved by the following vote:
AYES: Councilmember McKeown, Genser, Holbrook, Mayor Pro
Tem Bloom, Mayor Katz
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: Councilmember O'Connor
2-J: Conference with Legal Counsel -Existing Litigation: Larry
Gulihur v. Citv of Santa Monica, Superior Court Case Number SC
095055.
ACTION: Not Heard.
2-K: Conference with Legal Counsel -Anticipate significant _
exposure to litigation Pursuant to Government Code Section
54956.9(6): Mladen Buntich Construction Co. Inc. (Contract No.
8595 CCS).
Motion b~yor Pro Tem Bloom, seconded by Councilmember
Holbrook, to approve Settlement No. 8995 (CCS) in the amount of
$399,500. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Holbrook, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: Councilmember O'Connor
STUDY SESSION: As a result of a vote taken earlier by the City Council, Items 3-A and 13-
E to be considered concurrently.
PROGRESS REPORT ON 3-A: Progress report on Homeless Initiatives including Service
THE HOMELESS Registry; Homeless Community Court; and Veterans Housing and
Services, was presented.
October 14, 2008
13-E: Request of Mayor Pro Tem Bloom that the City Council urge
the State Legislature and Governor Arnold Schwarzenegger to
restore full funding for the Emergency Housing and Assistance
Program (EHAP) to the 2009-2010 state budget. Without this
funding, which was vetoed by Governor Schwarzenegger, armories
in Culver City and West Los Angeles (and elsewhere in the region
and throughout California) may not be able to operate, thus creating
a health crisis among the homeless population. The Council is also
requested to communicate and request similar resolutions from each
of the 88 cities of Los Angeles County and each of its Councils of
Government, particularly the Westside Cities Council of
Governments, was presented.
Members of the public Joey Fullmer, Albin Gielicz and Jerry Rubin
commented on aspects of the report presented on the homeless.
Discussion ensued on the progress made to date on the subject matter, on
the on-going efforts and the pending results, and on the current state of
the State's budget and proposed cuts by the Governor.
On order of the Mayor, the information on the progress report was
received and filed.
Motion by Councilmember Shriver, seconded by Councilmember
McKeown, to approve the Item 13-E request. The motion was
unanimously approved by voice vote, with Councilmember O'Connor
absent.
3-B: Design concepts for the "No-Smoking" ordinance outreach
campaign -recommendation to review proposed design concepts for the
"no-smoking" ordinance outreach campaign, provide input on the
branding and messaging models, and based upon the review and input,
direct staff to proceed with the public education campaign, was
presented.
Members of the public Jerry Rubin and Leah Mendelsohn commented on
the proposed concepts.
Discussion ensued on the merits of the proposals. Staff answered
questions of City Councilmembers.
7 October 14, 2008
Motion by Councilmember McKeown, seconded by Mayor Katz, that the
Consultant go back and develop a more playful use of the ideas presented ';
and return with options that meet Council's expressed desire to be more
engaging. The motion was approved by voice vote, with Mayor Pro Tem
Bloom voting in opposition and Councilmember O'Connor absent.
Mayor Pro Tem Bloom stated, for the record, that he voted in opposition
because he is ready to move forward now, as the City needs to begin
enforcement because the holiday season is coming up and residents are
expecting enforcement of the existing law.
SPECIAL ITEMS: 4-A: A Proclamation declaring October 2008 as Disability
Awareness Month in the City of Santa Monica, was issued by Mayor
Katz.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2272 (CCS)
EMERITUS entitled "AN ORDINANCE OF THE CITY OF SANTA MONICA
COMMISSIONER ADDING SECTION 2.12.155 TO THE MUNICIPAL CODE TO
CREATE THE POSITION OF COMMISSIONER EMERITUS ON THE
Mayor Pro Tem Bloom was RECREATION AND PARKS COMMISSION," was presented.
excused at 9: 00 p. m.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Shriver, Holbrook,
Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor, Mayor Pro Tem Bloom
VENDING MACHINES 7-B: Second reading and adoption of Ordinance No. 2273 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE CHAPTER 6.28 RELATING TO
PUBLICATION VENDING MACHINES (NEWSRACKS)," 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 McKeown, Genser, Shriver, Holbrook,
Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor, Mayor Pro Tem Bloom
8 October 14, 2008
SOLAR PHOTOVOLTAIC 7-C: Second reading and adoption of Ordinance No. 2274 (CCS)
SYSTEMS -STANDARDS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ESTABLISHING STANDARDS TO ENSURE PUBLIC SAFETY FOR
ALL STRUCTURES EQUIPPED WITH SOLAR PHOTOVOLTAIC
SYSTEMS," was presented.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Shriver, Holbrook,
Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor, Mayor Pro Tem Bloom
SIGN CODE 7-D: Second reading and adoption of Ordinance No. 2275 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTIONS 9.52.020, 9.52.030,
9.52.120, 9.52.130, 9.52.140, 9.52.150, AND 9.52.200 AND ADDING
CODE SECTIONS 9.52.125, AND 9.52.135 UPDATING THE FORM
OF THE CITY'S SIGN CODE TO CONFORM TO CURRENT LEGAL
REQUIREMENTS AND TO CLARIFY CERTAIN OF THE SIGN
CODE'S PROVISIONS," was presented.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Shriver, Holbrook,
Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor, Mayor Pro Tem Bloom
HEDGES, WALLS, AND 7-E: Introduction and first reading of an ordinance modifying the
FENCES -HEIGHTS Municipal Code to modify fence, wall, and hedge standards, to
grandparent existing nonconforming fences, walls and hedges that
Mayor Pro Tem Bloom have been properly registered; to clarify/establish criteria for the
returned at 9:03 p. m. repair and replacement of registered nonconforming fences, walls
and hedges; to establish administrative and discretionary height
modification procedures; to require the maintenance of hedges; and
to specify aself--help remedy for overhanging hedges, was presented.
October 14, 2008
Members of the public Paul Doose, Richard May, Matt Kunitz, Bruce
Warner, Gerritt Hylkewa, Mark Sandelson, Stephanie Barbanell, Ian '
Robertson, Jerry Bass, Leah Mendelsohn, Aaron Mendelsohn, Jim
Ferrell, Ted Winterer, Greg Ginter, Peter Broderick, R.F. Chimaytelli,
and Susan Hartley spoke in support of the proposed ordinance.
Members of the public Balsev Deegan, Manju Deegan, Susan Bochem,
William Conkle, Ken Ziff, Harvey Kalitow, Virginia Kohfled and James
Kohfeld spoke in opposition to the proposed ordinance.
Motion by Councilmember McKeown, seconded b~yor Pro Tem
Bloom, to introduce the ordinance as presented, reading by title only and
waiving further reading thereof.
Motion to amend by Councilmember Holbrook, that if property owner
voluntarily removes a hedge or wall and is not replaced within 5 years,
that the grandfathering clause expires. The motion was accepted as
friendly by the maker and seconder.
Motion to amend by Councilmember Genser, to clarify that the findings
on the appeals would be the same as the last interim ordinance; and, to
include the word "roots" in the section relating to overhangings. The
motion was accepted as friendly by the maker and seconder.
The motion, as amended, was approved by the following vote
AYES: Councilmembers McKeown, Genser, Shriver, Holbrook,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor
SMOHING ORDINANCE 7-F: Resolution supporting local and statewide laws that prohibit
the sale and promotion of tobacco products in pharmacies and
drugstores in California; and urging all local pharmacies and
drugstores not to sell or promote tobacco products; and introduction
and first reading of an ordinance amending Chapter 4.44 of the
Municipal Code on smoking to prohibit smoking in common areas of
multi-unit residential properties; and adding Chapter 4.45 to the
Municipal Code to create a tobacco retailer licensing program.
Members of the public Ella Bronstein, James Levesque, and Tracye Isaac
spoke in support of the proposed ordinance.
10 October 14, 2008
On order of the Mayor, this item was continued to a future Council
meeting.
STAFF ITEMS: 8-A: Appointments to Measure V Oversight Committee -
MEASURE VOVER- recommendation to appoint at least three members to the Oversight
SIGHT COMMITTEE Committee.
On order of the Mayor, this item was continued to a future Council
meeting.
COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions for terms
APPOINTMENTS ending June 30, 2008.
Board/Commission No. of Appts. Term Ending
Architectural Review Board 1 6/30/2012
Arts Commission 1 6/30/2012
On order of the Mayor, this item was continued to a future Council
meeting.
13-B: Appointment to two unscheduled vacancies on the
Commission on the Status of Women for terms ending June 30, 2011
On order of the Mayor, this item was continued to a future Council
meeting.
SAMOHI'S CHORAL 13-C: Request of Mayor Katz and Mayor Pro Tempore Bloom that
SPRING EUROPEAN Council make a $15,000 donation on behalf of the City to Santa
TOUR Monica High School to support the Choral's Spring European Tour
in April 2009.
Members of the public Sarah Gross and Dylan Braun spoke in support
On order of the Mayor, and with the consensus of Councilmembers, this
item was continued to October 28, to return as a 5-Item.
CLIMATE ACTION & 13-D: Request of Councilmember Pam O'Connor and Mayor Pro
SUSTAINABILITY Tem Richard Bloom that the City of Santa Monica sign the Los
CHARTER Angeles Regional Collaborative for Climate Action & Sustainability
Charter and instruct the City Manager to support and participate in
this worthwhile effort and, further, that the City of Santa Monica
encourage other local jurisdictions and key stakeholders throughout
Los Angeles County to formally participate in this Collaborative.
11 October 14, 2008
On order of the Mayor, this item was continued to a fixture Council
meeting.
ECONOMIC UPDATE 13-F: Request of Mayor Pro Tem Bloom and Mayor Katz that the
City Manager present the City Council and community with an
update on economic matters of concern to the City of Santa Monica,
including analysis of short and long term economic trends and their
impact on the City's economy, recent Federal legislation to address
the banking and credit industries and the recently adopted State
budget.
On order of the Mayor, this item was continued to a future Council
meeting.
PUBLIC INPUT: Members of the public Pro Se, Denise Barton and Art Casillas
commented on various local issues.
ADJOURNMENT: On order of the Mayor, the City Council meeting wa journed at 11:17
p.m, in memory of Dorothy Green and Doris Mey '
ATTEST: PP OVED
r
Maria M. Stew' art Herb Katz
City Clerk Mayor
12 October 14, 2008