M-102808CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 28, 2008
A regulaz meeting of the. Santa Monica City Council was called to order by Mayor Katz at 5:59 p.m., on
Tuesday, October 28, 2008, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Herb Katz
Mayor Pro Tem Richard Bloom (arrived at 6:03 p.m.)
Councilmember Ken Genser (arrived at 6:03 p.m.)
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Councilmember Bobby Shriver (arrived at 6:1 I p.m.)
Also Present: City Manager P. Lamont Ewell
City Attorney Mazsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:59 p.m., with
Councilmembers Genser, Shriver, and Mayor Pro Tem Bloom absent.
Lucy Dyke, Transportation Planning Manager, 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 Joey Fullmer commented on various Consent
Calendar items.
Motion by Councilmember McKeown, seconded by Councilmember
O'Connor, 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:
AYES: Councilmembers Holbrook, O'Connor, McKeown, Mayor
Katz
NOES: None
ABSENT: Councilmembers Genser, Shriver, Mayor Pro Tem Bloom
October 28, 2008
MINUTES 1-A: The minutes of the October 14, 2008, City Council meeting were -
approved as submitted.
MILLS ACT 1-B: Mills Act Contracts - 2617 3rd Street and 2101 La Mesa Drive
CONTRACTS -recommendation to adopt Resolution Nos. 10351 and 10352 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
Councilmember Genser and AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
Mayor Pro Tem Bloom EXECUTE HISTORIC PROPERTY PRESERVATION AGREEMENT
arrived at 6:03 p. m. No. 8996 (CCS) BETWEEN THE CITY OF SANTA MONICA AND
THE PROPERTY OWNERS OF ONE CONTRIBUTING STRUCTURE
TO THE THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT
AT 2617 THIRD STREET," and "A RESOLUTION OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE HISTORIC PROPERTY
PRESERVATION AGREEMENT No. 8997 (CCS) BETWEEN THE
CITY OF SANTA MONICA AND THE PROPERTY OWNERS OF
ONE DESIGNATED CITY LANDMARK AT 2101 LA MESA
DRIVE," was approved.
HISTORIC RESOURCES 1-C: Historic Resources Analysis Contract Amendment-
ANALYSIS recommendation to authorize the City Manager to approve an amendment
to Contract 8912 (CCS) with PCR Services Corporation, in the amount of
$85,921.70 for a new total amount not to exceed $204,921.70, to provide
historic resources analysis for the City Planning Division, was approved.
125 PACIFIC STREET 1-D: Resolution No. 10353 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP
NO. 062922 FOR ANINE-UNIT CONDOMINIUM PROJECT AT 125
PACIFIC STREET," was adopted.
860 THIRD STREET 1-E: Statement of Official Action denying appeal of the Planning
Commission's approval of a Tentative Map for construction of a
condominium project at 860 Third Street, was approved.
858 THIRD STREET 1-F: Statement of Official Action denying appeal of the Planning
Commission's approval of a Tentative Map for construction of a
condominium project at 858 Third Street, was approved.
MOTOR OIL AND 1-G: Award of bid for Motor Oil and Transmission Fluid -
TRANSMISSION FLUID recommendation to award Bid No. 2950 to Rosemead Oil Products, Inc.,
in the amount of $336,000 annually, to provide motor oil and
transmission fluid to the Big Blue Bus Department and the Fleet
Management Division, was approved.
2 October 28, 2008
ANNENBERG COMMU- l-H: Interpretive Elements for the Annenberg Community Beach
NITY BEACH HOUSE House -recommendation to authorize the City Manager to negotiate and
execute Agreement No. 8998 (CCS) in the amount of $300,000, with
Second Story, for development and fabrication of interpretive elements
and displays at the Community Beach House, was approved.
PAY-BY-SPACE 1-I: Purchase Order for Pay-By-Space Machines in Beach
MACHINES Parking Lots - recommendation to award purchase order to Digital
Payment Technologies, in the amount of $240,000, to supply and install
Councilmember Shriven replacement of pay machines, related parts and accessories at the beach
arrived at 6:11 p. m. parking facilities, was approved.
CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:12 p.m., to
consider closed sessions and reconvened at 7:37 p.m., to report the
following action taken:
2-A: 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-B: 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-C: Conference with Legal Counsel -Existing Litigation: Smilev
v. City of Santa Monica, Case No. BC394492.
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel -Existing Litigation: Larry
Gulihur v. City of Santa Monica, Superior Court Case Number SC
095055.
ACTION: Not Heard.
2-E: Anticipated Litigation: Anticipate significant exposure to
litigation Pursuant to Government Code Section 54956.9(b): 161
Ocean Park Boulevard.
ACTION: Heard. No reportable action taken.
October 28, 2008
2-F: Anticipated Litigation: Anticipate significant exposure to
litigation Pursuant to Government Code Section 54956.9(b): 2300
Wilshire.
ACTION: Heard. No reportable action taken.
2-G: Conference with Legal Counsel -Existing Litigation -
NMBroadway Studios, LLC v. City of Santa Monica, Case No. BS
110077; Lincoln Studios, LLC v. City of Santa Monica, Case No. BS
110078; Nebraska Studios, LLC v of Santa Monica, Case No. BS
110079.
ACTION: Not Heard.
2-H: Initiation of litigation pursuant to subdivision (c) of Section
54956.9: one case.
ACTION: Not Heard.
CONTINUED ITEMS: On order of the Mayor, Items 5-A and 13-F to be heard concurrently.
DONATION TO SAMOHI
CHORAL GROUP 5-A: Request of Mayor Katz and Mayor Pro Tempore Bloom that
Council make a $15,000 donation on behalf of the City to Santa
Monica High School to support the ChoraPs Spring European Tour
in Apri12009, was presented.
13-F: Request of Councilmember McKeown that Council make a
$15,000 donation on behalf of the City to the Santa Monica High
School Choral Parents Association, which is asub-division of the
Santa Monica High School Band Parents Association (a California
non-profit corporation, separate from the school district), to support
the Choral Spring European Tour in April 2009, was presented.
Motion by Mayor Pro Tem Bloom, seconded by Councilmember Genser,
to approve request using language listed as Item 13-F. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
October 28, 2008
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2276 (CCS)
HEDGES, FENCES, entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
WALLS MODIFYING THE MUNICIPAL CODE TO MODIFY FENCE, WALL,
AND HEDGE STANDARDS, TO GRANDPARENT EXISTING NON-
CONFORMING FENCES, WALLS AND HEDGES THAT HAVE
BEEN PROPERLY REGISTERED; TO CLARIFY/ESTABLISH
CRITERIA FOR THE REPAIR AND REPLACEMENT OF REGIS-
TEREDNONCONFORMING FENCES, WALLS AND HEDGES; TO
ESTABLISH ADMINISTRATIVE AND DISCRETIONARY HEIGHT
MODIFICATION PROCEDURES; TO REQUIRE THE MAINTE-
NANCE OF HEDGES; AND TO SPECIFY ASELF-HELP REMEDY
FOR OVERHANGING HEDGES," was presented.
Motion by Councilmember McKeown. seconded by Councilmember
Shriver, 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, Censer, Shriver,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
TOBACCO PRODUCTS 7-B: Resolution No. 10354 (CCS) entitled: "A RESOLUTION OF
IN PHARMACIES; THE CITY OF SANTA MONICA SUPPORTING LOCAL AND
SMOHING IN COMMON STATEWIDE LAWS THAT PROHIBIT THE SALE AND
AREAS OF MULTI-RESI- PROMOTION OF TOBACCO PRODUCTS IN PHARMACIES AND
DENTIAL; TOBACCO DRUGSTORES IN CALIFORNIA; AND URGING ALL LOCAL
RETAILER LICENSING PHARMACIES AND DRUGSTORES NOT TO SELL OR PROMOTE
PROGRAM 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, were presented.
Motion by Councilmember Censer, seconded by Mayor Pro Tem Bloom,
to trifurcate Item 7-B into the following subjects: Tobacco products in
pharmacies; smoking in common areas ofmulti-residential properties;
and, creation of a tobacco retailer licensing program. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Mayor
Pro Tem Bloom, Mayor Katz
NOES: Councilmembers Shriver, Holbrook
ABSENT: None
October 28, 2008
Members of the public Monty Messex, Alisha Lopez and Roulan
Eivazzedah spoke in support of creating a tobacco retailer licensing
program.
Motion by Councilmember McKeown. seconded by Mavor Pro Tem
Bloom, to introduce and hold first reading of the portion of the ordinance
adding Chapter 4.45 to the Municipal Code to create a tobacco retailer
licensing program, amended to add at the end of subsection 4.45.040(a)
the phrase "enforcement and education," and add a new subsection
4.45.050(c) to read as follows: "Every licence issued under this chapter
shall be conditioned upon compliance with all applicable signage and
advertising regulations," and renumbering subsequent subsections. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
Members of the public Jerry Rubin and Brian Hutchings spoke in support
of adopting the proposed resolution supporting laws that prohibit the sale
and promotion of tobacco products in pharmacies and drugstores in
California.
Motion by Councilmember McKeown, seconded by Mavor Katz, to
adopt the resolution by title only, waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
The following members of the public spoke in support of prohibiting
smoking in common areas of multi-unit residential properties: Trisha
Roth, Joey Fullmer, Esther Schiller, Marlene Gomez, Jay Singer, Beth
Miller, Charity Colbert, Richard Groff, Robert Tur, Franca Paganucci,
Marcia Stein, Billie Beach, Marla Mattenson, Phillip Paley, Myra Morris,
Regina Harcourt, Steven Gallegos, Bill Dawson, and Willow Evans.
Jennifer Kennedy and Joel Koury, Rent Control Board Members, and
members of the public Bill Dawson and Marty Shapiro spoke in
opposition to the prohibition of smoking in common areas.
October 28, 2008
Motion by Councilmember Shriver, seconded by Councilmember
Holbrook, to introduce the remainder of the ordinance amending Chapter
4.44 of the Municipal Code on smoking to prohibit smoking in common
areas of multi-unit residential properties.
Discussion ensued regarding the merits of the ordinance, the comments
made by members of the public and the need to address related issues
including but not limited to: the need to reduce or eliminate chances of
evictions while balancing ways to enforce compliance; require some sort
of signage; include notification by landlord to tenants, and an affirmative
effort by landlord to seriously implement ordinance, though landlord is
not required to enforce it; supplement the ordinance with more education;
include available mediation services; encourage neighbors to talk to each
other; seriously tackle educational need; and ensure that resources are
available to help neighbors solve problems.
After considerable discussion, the maker and seconder of the ordinance
withdrew the motion.
It was the consensus of Council to direct staff to review the above issues
and return with a new ordinance addressing the same, as well as to brief
Council on the Calabasas ordinance.
STAFF ITEMS: 8-A: Appointments to Measure V Oversight Committee -
MEASURE V recommendation to appoint at least three members to the Oversight
COMMITTEE Committee. (Continued from October 14, 2008)
Councilmember Holbrook There was no one present for public comment.
was excused at 11: OS p. m.
Motion b~vor Pro Tem Bloom, seconded by Councilmember Shriver,
to appoint Mark Gold, Mark Peacor, and Susan Bracey. The motion was
approved by acclamation, with Councilmember Holbrook absent.
TRANSPORTATION 8-B: Report on Transportation Impact Fee -recommendation to
IMPACT FEE review information presented and direct staff as needed.
On order of the Mayor, this item was continued to a future 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
October 28, 2008
On order of the Mayor, this item was continued to a future 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 meeting.
13-C: Appointment to one unscheduled vacancy on the Social
Services Commission for a term ending June 30, 2012.
On order of the Mayor, this item was continued to a future meeting.
L.A. REGIONAL 13-D: Request of Councilmember Pam O'Connor and Mayor Pro
COLLABORATIVE Tem Richard Bloom that the City of Santa Monica sign the Los
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.
On order of the Mayor, this item was continued to a future meeting.
ECONOMIC UPDATE 13-E: 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 meeting.
PUBLIC INPUT: Members of the public Pro Se, M. Ross, Art Casillas, Brian Hutchings,
and George Winters commented on various local issues.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:23
p.m., in memory of Griff Lysle Hoerner, Veteran Mubarak Rashid,
Patricia Faure, and Edward Jackson Gandara.
ATTEST: P
Maria M. Stewart Herb R
City Clerk Mayor
OctoHer 28, 2008