M-040808CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 8, 2008
A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:49 p.m., on
Tuesday, Apri18, 2008, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Herb Katz
Mayor Pro Tem Richard Bloom
Councilmember Ken Genser
Councihnember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:10 p.m.)
Councilmember Bobby Shriver (arrived at 6:30 p.m.)
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 5:49 p.m., with
Councilmembers O'Connor and Shriver absent. Joan Akins, Acting
Director of the Environmental and Public Works Department, led the
assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: All items were presented for consideration and approval in one motion
unless removed by a Councilmember for discussion.
Member of the public Joey Fullmer expressed concern regarding various
Consent Calendar items.
Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom,
to approve all items on the Consent Calendar as presented and with Item
1-D as revised to correct an inadvertent omission, reading resolutions by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers Holbrook, Genser, McKeown, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers O'Connor, Shriver
Apri18, 2008
MINUTES 1-A: The minutes of the March 25, 2008, City Council meeting, were
approved as submitted.
AUDITING SERVICES 1-B: Auditing services for City's financial statements -
recommendation to authorize the City Manager to negotiate and execute
Agreement No. 8911 (CCS) with the Conrad Government Services, in
the amount of $600,000, to provide auditing services for afive-year term,
was approved.
HISTORIC RESOURCES 1-C: Historic resources analysis services -recommendation to
ANALYSIS authorize the City Manager to negotiate and execute an amendment to
existing Contract No. 8912 (CCS) with PCR Services Corporation, in the
amount of $79,000 for a total of $119,000, to provide historic resources
analysis for the Planning Division, was approved.
2219 OCEAN AVE. 1-D: Statement of Official Action taken denying the appeal of the
Landmarks Commission designation of 2219 Ocean Avenue as a
landmark, was approved.
GROUNDWATER 1-E: Groundwater remediation Services at the Big Blue Bus Yard
REMEDIATION and Corporate Yard -recommendation to authorize the City Manager
to negotiate and execute Contract No. 8913 (CCS) with ICF International
for groundwater remediation services at the Big Blue Bus Yard (BBB) in
the amount of $745,100 for up to a five-year term; Contract No. 8914
(CCS) with ICF International for groundwater remediation services at the
Corporate Yard in the amount of $1,371,983 for up to a five-year term;
and approve proposed appropriation of $42,418.98, was approved.
PLANNING SERVICES 1-F: Services related to the Land Use & Circulation Element of the
General Plan, Urban Design Concepts and Design Review Process -
recommendation to authorize the City Manager to negotiate and execute
an amendment to Contract No. 8915 (CCS) with Raimi + Associates, in
the amount of $150,000 for consulting services; and an amendment to
existing Contract No. 8729 (CCS) with The Odermatt Group, in the
amount of $160,000, to provide architectural and planning services, was
approved.
PARADE ROUTE 1-G: July 4th Parade Route - recommendation to approve an alternate
pazade route for the second July 4th Parade along Main Street.
At the request of staff, and on order of the Mayor, this item to be
Apri18, 2008
continued to a future meeting.
ITEM WITHDRAWN 1-H: Item withdrawn.
SPECIAL MEETING - On order of the Mayor, the City Council recessed at 5:54 p.m., to a
HOUSING AUTHORITY special meeting of the Housing Authority.
PUBLIC HOUSING On order of the Chair, a special meeting of the Housing Authority was
AGENCY PLAN convened at 5:54 p.m., with Authority Members O'Connor and Shriver
absent.
Authority Member O'Connor
arrived at 6.•10 p.m. 1-I: Public Housing Agency Plan 2008-09 -recommendation to approve
the Public Housing Agency Plan and certify compliance with the FY
2005-2010 Consolidated Plan, was presented.
Members of the public Joey Fullmer and Pro Se spoke in support of
public housing.
Motion by Authority Member McKeown, seconded by Authority
Member Genser, to approve recommendation and direct staff to
investigate issues raised by Councilmembers during discussion, including
the Section 8 opt out challenge, with aim towards obtaining housing for
those who are income and ability challenged and currently live in Santa
Monica and threatened by what is happening with the economy and
housing. The motion was approved by the following vote:
AYES: Authority Members McKeown, O'Connor, Genser,
Holbrook, Chair Pro Tem Bloom, Chair Katz
NOES: None
ABSENT: Authority Member Shriver
ADJOURNMENT OF On order of the Chair, the special Housing Authority meeting was
SPECIAL MEETING adjourned at 6:14 p.m.
CLOSED SESSIONS: On order of the Mayor, the regular meeting of the City Council
reconvened and then recessed at 6:14 p.m., to consider closed sessions
Councilmember Shriver and reconvened again at 7:30 p.m., with all members present to report the
arrived at 6: 30 p. m. following:
2-A: Conference with Labor Negotiator.
City Negotiator: Karen Bancroft, Dir., Human Resources
Bargaining Units: Supervisory Team Associates
Municipal Employees Assn.
April 8, 2008
United Transportation Union
ACTION: Heard. No reportable action taken.
2-B: Anticipated Litigation: Anticipate significant exposure to
litigation Pursuant to Government Code Section 54956.9(b): 161
Ocean Park Boulevard.
ACTION: Not Heazd.
2-C: Conference with Legal Counsel -Anticipated Litigation.
Initiafion of litigation pursuant to Section 54956.9c - 1 case.
ACTION: Heard. No reportable action taken.
2-D: Anticipated Litigation: Anticipate significant exposure to
litigation Pursuant to Government Code Section 54956.9(b): 2300
Wilshire.
ACTION: Heard. No reportable action taken.
SPECIAL ITEMS: 4-A: Mayor Katz issued a proclamation declaring Apri12008 as
"Month of the Young Child" in the City of Santa Monica.
MATTER HEARD OUT At the request of the Mayor, and with Council consensus, item 13-H was
OF AGENDA ORDER considered out of order.
MASTER FACILITY 13-H: Request by Mayor Herb Katz to review and discuss whether
USE AGREEMENT the Santa Monica Malibu Unified School District has met the
conditions placed by City Council on June 12, 2007, regarding the
$529,779 increase to the base payment of the Master Facility Use
Agreement.
At the request of the Mayor, and with the consensus of Council, this
matter to be continued to a future meeting as a 5-item.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2257 (CCS)
ONE-NIGHT ARTS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
FESTIVAL IMPOSING A TEMPORARY SUSPENSION OF CERTAIN MUNI-
CIPAL CODE PROVISIONS AND OTHER LEGAL REQUIREMENTS
4 Apri18, 2008
WITHIN STATED BOUNDARIES FOR THE PURPOSE OF
CONDUCTING AONE-NIGHT ARTS FESTIVAL," 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, Genser, Shriver,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
DOWNTOWN ASSESS- 7-B: Second reading and adoption of Ordinance No. 2258 (CCS)
MENT DISTRICT entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADOPTING LOCAL MODIFICATIONS TO THE METHOD OF
LEVYING ASSESSMENTS PURSUANT TO THE PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT LAW OF 1994," was
presented.
Motion by Councilmember O'Connor. seconded by Mayor Kati to adopt
the 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 Bloom, Mayor Katz
NOES: None
ABSENT: None
SMOKING ORDINANCE 7-C: Introduction and first reading of ordinance amending
Chapter 4.44 of the Municipal Code on smoking to make restaurant
owners and managers liable under certain circumstances, require
posting of no smoking signs, reduce the amount of fines, and prohibit
smoking on public library grounds; and direct staff on other possible
areas of tobacco regulations, including multi-unit residential areas,
tobacco retailer licensing, and non-binding resolution regarding
pharmacy sales of tobacco, was presented.
The following members of the public spoke in support of the proposed
ordinance and expressed concerns regarding second hand smoke in multi-
family aparhnent buildings: Joey Fullmer, Jerry Rubin, Gary South,
Monty Messex, Robert Dornin, Joan Waddell, Esther Schiller, Marlene
Gomez, James Levesque, Lindsey Levesque, Gabie Levesque, Willow
Evans, Barbara Bronie, Marla Mattenson, Phil Paley, Michelle Matisse,
William McCarthy, Dian Kiser, Dora Gil, Regina Harcourt, Allie
April 8, 2008
McDonald, S. Allyx Kronenberg, and Robert Berger
Members of the public Misti Kerns and Tom Larmore expressed
concerns about the timing of the effective date of the ordinance and
spoke in support of an enforcement date that would have the least amount
of impact on the City's tourism and economics.
Member of the public Bill Dawson expressed concerns and urged the
City Council for caution in the implementation and enforcement of the
ordinance.
Motiori by Councihnember McKeown, seconded by Councihnember
Genser to direct staff to prepare and return as soon as possible to Council
with a tobacco retailer licensing ordinance and a resolution encouraging
pharmacies not to sell tobacco products and if possible prohibiting
certain exterior signage for tobacco products for sale. The motion was
unanimously approved by voice vote, with all members present.
Motion by Mayor Pro Tem Bloom, seconded by Councilmember
McKeown, to introduce the ordinance for first reading, amending to use
the phrase "knowingly and intentionally" in the appropriate section
making business owners and managers liable for allowing smoking at
outdoor dining areas; and clarifying the prohibition of smoking to "within
library property."
The City Attorney recommended addmg the following language to
address concerns voiced by members of the public: "this law does not
require any owner, operator or manager to physically eject any person
from an outdoor dining area, or to request any person to refrain from
smoking under circumstances involving the risk of physical harm to the
owner, operator or manager."
The suggested language was accepted by the maker and the seconder of
the motion. The motion, as amended, was approved by the following
vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
Motion by Maw r Pro Tem Bloom, seconded by Councilmember Shriver,
direct staff to return with an ordinance prohibiting smoking in common
areas of multi-unit buildings and with recommendations regarding
6 Apri18, 2008
designating smoking areas.
Councilmember Genser suggested adding to the motion to direct staff to
hold one or more community workshops for residents to discuss options
and air concerns and competing issues related to second hand smoke
from adjacent resident's units, and return to Council with information
and recommendations. The suggested amendment was accepted as
friendly by the maker and the seconder.
Councilmember McKeown suggested adding to the motion that staff
consult with the Rent Control Board and the City's Fair Housing
Division. The amendment was accepted as friendly by the maker and
seconder.
Discussion ensued. After discussion Mayor Pro Tem Bloom withdrew
the amendments from the original motion in order to split the motion into
two parts and restated his original motion as follows:
Motion by Mavor Pro Tem Bloom, seconded by Councilmember Shriver,
to direct staff to return with an ordinance prohibiting smoking in
common areas of multi-unit buildings and with recommendations for
designating smoking areas. The motion was unanimously approved by
voice vote, with all members present.
Motion b}~ Mavor Pro Tem Bloom, seconded by Councilmember Genser,
to direct staff to explore a wide variety of other issues involving housing,
one or more public workshops, and to consult with the Rent Control
Board and the City's Fair Housing Division. The motion was approved
by voice vote with Councilmember O'Connor voting in opposition, and
with all members present.
LIVING WAGE 7-D: Introduction and first reading of an ordinance amending
ORDINANCE Municipal Code Section 4.65.030 relating to the living wage
exemption modifying its applicability, add a waiver provision and
eliminate the annual adjustment to the contract threshold, was
presented.
On order of the Mayor, Item 13-G to be heard concurrently with this
item.
FAMILY LEAVE RULE 13-G: Request of CouncIlmember McKeown that Council direct
CHANGES staff to review proposed family leave rule changes proposed by the
Bush Administration, evaluating how reduced protections for
Apri18, 2008
working families might affect City employees, City contractors, and
working residents of Santa Monica; and submit to the Department of
Labor a letter expressing our City's position in congruence with
existing Council and City policy by the April 11 public comments
deadline.
Member of the public Amy Bishop Dunbaz expressed concerns regarding
the proposed changes to the Living Wage ordinance.
Discussion ensued regarding the proposed exemptions and their effects
on future contracts.
Motion by Councilmember Genser, seconded by Councilmember
Holbrook, to introduce the ordinance for first reading, amended to
exempt banking services only, with no other exemptions other than what
is already in the ordinance. The motion was approved by the following
vote:
AYES: Councihnembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to approve the request listed as item 13-G. The motion was
unanimously approved by voice vote, with all members present.
GREEN BUILDING 7-E: Recommendation to adopt Resolution No. 10282 (CCS)
ORDINANCE enfitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
MAKING FINDINGS OF LOCAL CLIMATIC, GEOLOGICAL AND
TOPOGRAPHICAL CONDITIONS"; and, introduction and first
reading of an ordinance modifying Municipal Code Section 8.108
related to Green Building Design; Chapter 7.60 related to
construction and demolition waste handling requirements; and
Sections 9.04.10.04.100, and 9.04.10.04.110 related to landscape
irrigation and design standards, was presented.
Members of the public John Lee and Danielle Killian spoke in support of
the proposed ordinance.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to adopt Resolution No. 10282 (CCS), reading by title only
and waiving further reading thereof. The motion was approved by the
Apri18, 2008
following vote:
AYES: Councihnembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
Assistant City Attorney Joseph Lawrence made the following minor
corrections to the ordinance as follows:
Page 22, subsection (h) change the cited Section Number to 8.108.120;
page 23, subsection (m) change 60% to 65% and the cited section
number to 8.108.170;
page 25, subsection (t) change cited section number to 8.108.140; and
page 29, subsection a), add after "one thousand square feet or greater" the
following, "and all demolition-only projects," change the 60% to 65%;
and,
page 32, under 8.108.140 add after "security with the WPP the following,
"for construction and demolition projects," add after the word
"calculated," "as the lesser of 3% of the total project costs or $30,000.
For demolition-only projects the amount of the performance security
shall be calculated at ..."
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to introduce the ordinance for first reading as amended by the
Assistant City Attorney, reading by title only and waiving further reading
thereof:
Discussion ensued on the merits of the portion of the proposed ordinance
that limits the use of turf grasses to 20%.
Motion by Councilmember Holbrook, seconded by Councilmember
Shriver, to amend the ordinance to delete the 20% limit of turf grasses.
The motion failed by the following vote:
AYES: Councilmembers Holbrook, Shriver, Mayor Katz
NOES: Councilmembers Genser, O'Connor, McKeown, Mayor
Pro Tem Bloom
ABSENT: None
The vote on the main motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Mayor
Pro Tem Bloom, Mayor Katz
NOES: Councilmembers Holbrook, Shriver
9 April 8, 2008
ABSENT: None
Councilmember Shriver stated, for the record, that he is supportive of
"green" and the goals of the ordinance, but is uncertain of some the
aspects of future enforcement of the proposal.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, that Green Building Grant Program be extended to include
buildings certified under the LEED for New Construction, LEED for
Homes, and LEED for Commercial Interiors ratings systems. 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
STAFF ITEMS: 8-A: Development Agreement concept plans for entertainment
2834 COLORADO production facility at 2834 Colorado Avenue -recommendation to
(LIONSGATE PROJECT) discuss the appropriateness and potential public benefits of a
Development Agreement proposal for entertainment production facility
and provide direction regarding negotiating points, was presented.
Mayor Katz was excused
at 11:11 p. m. Mayor Katz requested to be excused from this matter due to a potential
conflict of interest. Mayor Pro Tem Bloom assumed the Chair.
Project applicant Jack Walterspoke in support of the project.
Members of the public Jerry Rubin, Jean McNeil Wyner, Hector
Ramirez, Sheldon Liber, Sharon O'Rourke, Oscar de la Torre, Ruben
Pacheco, and Robert Young spoke in support of the project.
Members of the public David Latham, Zina Josephs, and Susan Hartley
spoke in opposition of the project.
Member of the public Catherine Eldridge requested that if the project was
approved, that language be included in the agreement formalizing the
discussion process so as to allow the Pico Neighborhood to define their
own neighborhood benefits.
Motion by Councilmember McKeown, seconded by Councilmember
O'Connor, to approve recommendation. The motion was approved by
the following vote:
10 Apri18, 2008
AYES: Coancilmembers McKeown, O'Connor, Shriven,
Holbrook, Mayor Pro Tem Bloom
NOES: Councilmember Genser
ABSENT: Mayor Katz
REDEVELOPMENT SPECLAL JOINT MEETING OF THE CITY COUNCIL AND THE
AGENCY PRIORITIES REDEVELOPMENT AGENCY AND:
Mayor Katz returned at On order of the Mayor, the regular City Council meeting recessed to a
12:18 a. m. joint meeting with the Redevelopment Agency, at 12:18 a.m. with all
members present.
ROLL CALL OF THE REDEVELOPMENT AGENCY
Councilmember Shriven 8-B: Redevelopment Agency Priorities -recommendation that the
was excused at IZ.•25 a.m. City Council and the Redevelopment Agency confirm its long-term
funding priorities and direct staff to prepare the necessary budget actions
to move the capital priorities forward in an expeditious manner, was
presented.
Members of the public Ralph Mechur and Mike Matthews spoke in
support of the priorities.
Motion by Aeencv/Councilmember McKeown, seconded by
Agency/Councilmember Genser, to approve recommendation and with
direction to staff that housing should be moved up as a priority, and to
return as part of the budget process before May, with some indication
with what could be done in housing.
Substitute motion by Chair/Nlavor Katz, seconded by Chair Pro Tem/
Mayor Pro Tem Bloom, confirm its funding priorities and direct staff to
prepare the necessary actions to move the priorities forward. The motion
was approved by the following vote:
AYES: Agency/Councilmember O'Connor, Genser, Holbrook,
Chair/Ivlayor Pro Tem Bloom, Chair/Mayor Katz
NOES: Agency/Councilmember McKeown
ABSENT: Agency/Councilmember Shriven
Agency/Councilmember McKeown stated, for the record, that his "no"
vote reflects his belief that housing should have been prioritized.
11 Apri18, 2008
Motion by Agency/Councilmember McKeown, seconded by A,_ eu_ncy/
Councilmember Genser, to direct staff as they proceed with investigating
staffing needs that are eligible for Redevelopment Agency funding,
consider the needs for housing staff programs that the Council may
articulate in future discussions. The motion was unanimously approved
by voice vote, with Agency/Councilmember Shriver absent.
Agency/Councilmember Agency/Councilmember McKeown requested to be excused due to a
McKeown was excused at conflict of interest with the subject matter of the following motion.
12:48 a. m.
Motion by Chair/Nlayor Pro Tem Bloom, seconded by Councilmember
Genser, to direct staff to evaluate the Redevelopment funding eligibility
of shared use community facilities on the Santa Monica College and
Santa Monica-Malibu Unified School District campuses as they are
further defined, and return to Council with an analysis and associated
considerations. The motion was approved by voice vote with Agency/
Councihnembers McKeown and Shriver absent.
ADJOURNMENT OF On order of the Mayor the Special Joint Meeting was adjourned at 12:50
SPECIAL JOINT a.m., and the regular City Councii meeting reconvened with
MEETING Councilmembers McKeown and Shriver absent.
COUNCIL ITEMS: 13-A: Appointment to one unscheduled vacancy on the Pier
Restoration Corporation Board of Directors for a term ending
November 10, 2009.
On order of the Mayor, this matter was continued to Apri122, 2008.
APPOINTMENT 13-B: Appointment to one unscheduled vacancy on the Disabilities
Commission for a term ending June 30, 2010.
Councilmember McKeown On order of the Mayor, the floor was opened for nominations.
returned at 12:52 a. m.
Councilmember McKeown nominated Thomas John Hill. There being
no other nominations, Mr. Hill was appointed by acclamation with
Councilmember Shriver absent.
13-C: Request of Councilmember Bobby Shriver, Mayor Herb Katz
and Councilmember Bob Holbrook to discuss modifications of
Council Rules and procedures; time management and Council
agenda management.
On order of the Mayor, this matter was continued to Apri122, 2008
12 Apri18, 2008
SUPPORT OF 13-D: Request of Councilmember McKeown that the Council
LEGISLATION express the City of Santa Monica's support for the following bills
currently before the California Legislature: AB 2019 (Fuentes),
regarding housing; and SB 1738 (Steinberg), regarding health care,
was presented.
Motion by Councilmember McKeown. seconded by Councilmember
O'Connor, to approve request. The motion was approved by voice vote,
with Mayor Katz abstaining.
COUNCIL TRAVEL 13-E: Request of Mayor Pro Tem Bloom that the Council authorize
FUNDS the use of City Council travel funds for the purpose of attending
the Mayors Against Illegal Guns National Summit in Washington
DC, on April 14, 2008, was presented.
Motion by Councilmember O'Connor. seconded by Councilmember
Genser, to approve request. The motion was unanimously approved by
voice vote, with Councilmember Shriver absent.
4TH OF JULY PARADE 13-F: Request of Councilmember Genser that the Council provide
an $11,900 grant (Contract Nos. 8916/8917 (CCS)) of council
Councilmember O'Connor contingency funds to the Ocean Park Association and the North of
was excused at 12:54 a. m. Montana Association for the production of the 2nd Annual Main
Street 4th of July Parade, was presented.
Motion by Councilmember Genser, seconded by Mayor Katz, to approve
request. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, McKeown, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers Shriver, O'Connor
PUBLIC INPUT Members of the public Pro Se and Paul Feldman expressed various
concerns.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:59
a.m., in memory of Bob Timmons.
T~ A
Maria M. St wart Herb 1<
City Clerk Mayor
13 Apri18, 2008