(NOT APPROVED)
CITY OF
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,
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 Mayor Pro Tem Katz, seconded by Councilmember 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: Plexiglass 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 RELATED
SERVICES
1-C: Lease of tires and related tire services for the BBB -
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 AGREEMENTS
1-D: Mills Act Historical Property Agreements - recommendation
to 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 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
PROGRAM
1-G: Residential Rehabilitation Program - recommendation to
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 a three-year term, for administration of the Program, was
approved.
1-H: Resolution No. 10252 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING
FINAL PARCEL MAP NO. 61408 FOR A 4-UNIT CONDOMINIUM PROJECT AT
BBB EXPANSION PROJECT
1-I: Subsurface abatement services for the BBB Expansion 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 MANAGEMENT
PLAN
1-J: Sewer System Management Plan - recommendation to approve
a development plan for a Sewer System Management Plan in compliance with newly
enacted Statewide General Waste Discharge Requirements, was approved.
CIVIC AUDITORIUM CARPET
1-L: Purchase of carpet for Civic Auditorium - recommendation
to award Bid No. 2935 to M & M Floor Covering, in the amount of $147,207,
to provide carpet for the Civic Auditorium, was approved.
1-M: Resolution No. 10253 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING
FINAL TRACT MAP NO. 61029 FOR AN 8-UNIT CONDOMINIUM PROJECT AT
1-N: Resolution No. 10254 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING
FINAL PARCEL MAP NO. 66844 FOR A 4-UNIT CONDOMINIUM PROJECT AT
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 a two-lot subdivision at
PAVEMENT MGMT. SYSTEM
1-A: Updating Pavement Management System and appropriation 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 Councilmembers.
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: Councilmembers 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.
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: Brogger v. City of
ACTION: Heard.
No reportable action taken.
2-C: Conference with Legal Counsel - Existing Litigation: City of
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: Abraham Supino v. City of
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
ACTION: Not Heard.
2-F: Conference with Legal Counsel - Existing Litigation: Rafael
Fellah v. City of
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
STUDY SESSION:
PUBLIC FINANCING OF
ELECTIONS
(Mayor Pro Tem Katz was excused at 8:30 p.m.)
On order of the Mayor, and
with the consensus of Council, Items 3-A and 13-G were heard concurrently.
3-A: Public Funding of Election Campaigns - recommendation
that Council review the information contained in this report and provide
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 Afair fight fund@ concept option for public financing.
Motion by Councilmember McKeown, seconded by 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 Aattack campaign,@ determine dollar limits where such campaigns begin to distort local democracy, and figure out ways to protect the attacked candidates with a Afair 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 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 finance 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:
RELOCATION BENEFITS
(Councilmember Genser was excused at 9:26 p.m.)
7-A: Second reading and adoption of Ordinance No. 2240 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS 4.36.040 AND 4.36.110 TO CLARIFY THE COUNCIL'S INTENT WITH RESPECT TO THE TIMING OF PERMANENT RELOCATION BENEFITS INCREASES,@ 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
CIVIL SERVICE RULES AND REGULATIONS
(Councilmember Genser returned at 9:27 p.m.)
7-B: Second reading and adoption of Ordinance No. 2241 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE CHAPTER 2.04 MANUAL OF CIVIL SERVICE RULES AND REGULATIONS,@ was presented.
Motion by Councilmember Genser, 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, Genser Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook, Mayor Pro Tem Katz
LMS AND M1 DISTRICTS
DEVELOPMENT STANDARDS
7-C: Introduction and adoption of Emergency Interim Ordinance No. 2242 (CCS) entitled: AAN ORDINANCE OF THE CITY OF 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 M1 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 M1 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 Councilmember 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
Councilmember McKeown stated, for the record, that he voted in opposition because he is weary 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 Ayes@ vote.
Mayor Bloom requested to change his vote to a Ayes@ vote.
The motion was approved by the following vote:
AYES: Councilmembers O=Connor, Genser, Shriver, McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook, Mayor Pro Tem Katz
BANNERS ON STREET POLES
7-D: Introduction
and first reading of an ordinance amending 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 may be triggered by adoption of this ordinance and potentially limiting use of banners for holidays or specific issues or advertising a city-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:
AYES: Councilmembers Shriver, Genser, O=Connor, McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook, Mayor Pro Tem Katz
STAFF ITEMS:
PUBLIC SAFETY STORAGE FACILITIES
8-A: Construction of Public Safety Storage Facilities for the Fire and Police Departments - recommendation to approve the project 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 a design/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,
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 EIR/EIS
(Councilmember Shriver was excused at 11:45 p.m.)
8-B: Alternative Alignment on Colorado Avenue in Phase 2 Light Rail Draft EIR/EIS - recommendation to authorize a request to the Exposition Construction Authority to study an alternative alignment on Colorado Avenue that would allow an at-grade station in downtown 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
PRIVATE EVENT FIRE-WORKS DISPLAY
8-C: Information
Regarding the Impacts of Fireworks Displays 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:
APPOINTMENTS
13-A: Appointment to one unscheduled vacancy on the Pier 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.
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