M-2/13/2007
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 13, 2007
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:49 p.rn.,.
on Tuesday, February 13,2007, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:25 p.m.)
Councilmember Bobby Shriver (arrived at 6:30 p.m.)
Mayor Pro Tern Herb Katz
Absent:
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:49 p.m., with
Mayor Pro Tern Katz and Councilmembers O'Connor and Shriver
absent. Big Blue Bus employee Paul Casey 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 Joey Fullmer, Anoosh Askari, Joe Natoli and
Randy Walberger expressed their views on various Consent Calendar
items.
At the request of Council member Genser, Items l-C and I-E were
removed from the Consent Calendar.
Motion by Councilmember Holbrook. seconded by Councilmember
Genser, to approve all items on the Consent Calendar as presented except
Items l-C and I-E, reading resolutions by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers McKeown, Genser, Holbrook, Mayor
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February 13, 2007
NOES:
ABSENT:
Bloom
None
Councilmembers Shriver, O'COl1l10r, Mayor Pro Tem
Katz
MINUTES I-A: The minutes of the January 6, January 9, and January 23, 2007,
City Council meetings were approved as submitted.
DARK FIBER LEASE I-B: Dark Fiber Lease Agreement - recommendation to authorize the
City Manager to negotiate and execute Agreement No. 8678 (CCS) with
SoHoNet, at the proposed rates, for lease of dark fiber rack space; and to
execute agreements with other interested parties should those
opportunities arise, was approved
UNLEADED GASOLINE I-D: Purchase of unleaded gasoline - recommendation to award
purchase orders to SC Fuels, in an annual estimated amount of$693,000,
to supply and deliver premium and regular unleaded gasoline for the
Fleet Management Division, Fire Department and Big Blue Bus, was
approved.
1433 4TH ST. LEASE 1-E: Lease of space at 1433 4th Street - recommendation to authorize
the City Manager to negotiate and execute Lease Agreement No. 8680
(CCS) with Folke Investments, LLC, for use of office space for the
Cultural Affairs Division, was presented.
Councilmember Genser advised he removed this item from the Consent
Calendar to ask for clarification to public comments made by Mr. Natoli
regarding a "shell game." Staff responded to questions related to the
ownership and the property management of the building.
Motion by Councilmember Genser, seconded by Mayor Bloom, to
approve recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers McKeown, Genser, Holbrook, Mayor
Bloom
None
Councilmembers O'Connor, Shriver, Mayor Pro Tem
Katz
NOES:
ABSENT:
On order of the Mayor, Item 1-C to be considered after closed sessions.
CLOSED SESSIONS:
Councilmember 0 'Connor
On order of the Mayor, the City Council recessed at 6:08 p.m., to
consider closed sessions and returned at 7:14 p..m., with Mayor Pro Tern
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February 13,2007
arrived at 6:25 p.m.
Councilmember Shriver
arrived at 6:30 p.m.
Councilmember 0 'Connor
was excused at 7:14 p.m.
Katz absent to report the following:
2-A: Public Employee Evaluations.
Title of Employees: City Manager, City Attorney, City Clerk
ACTION:
Not Heard.
2-B Conference with Real Property Negotiators:
Property: 430 Arizona, 1324 5th St. and 1320 5th St.
City Negotiators: Miriam Mack, Allan Kotin
Under Negotiation: Interest in Real Property
Owner of Record: Fifth/Arizona Investors, LLC
ACTION:
Heard. No reportable action taken.
2-C: Conference with Real Property Negotiators:
Property: 1301-1333 4th Street
City Negotiator: Miriam Mack, Allan Kotin
Under Negotiation: Interest in Real Property
Owner of Record: Virginia Tegner Spurgin Investment
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: BautH
Hadjian Torab v. City of Santa Monica, Case No. SC 085 339.
ACTION:
Not Heard.
2-E: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Baron & Budd. P.C., Case No. BC 315 186.
ACTION:
Not Heard.
2-F: Conference with Legal Counsel - Existing Litigation:
Abraham Supino v. City of Santa Monica, Case No. SC 080 283, and
related cases (Farmer's Market Litigation).
ACTION:
Not Heard.
2-G: Conference with Legal Counsel- Existing Litigation: Dewane
Pruitt v. City of Santa Monica, Case No. SC 086114.
Motion by Councilmember Genser, seconded by Councilmember
Holbrook, to approve Settlement Agreement No. 8681 (CCS); a binding
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February 13, 2007
arbitration settlement in the amount of $200,000. The motion was
approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, Shriver, Gcnscr, McKeown,
Mayor Bloom
None
Councilmember O'Connor, Mayor Pro Tern Katz
2-H: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Prestige Parking. Inc.. etc.. et aI., Case No. SC
092156.
ACTION:
Heard. No reportable action taken.
2-1: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. City of Los Angeles (Playa Vista). Case No. 2d Civ.
No. B189630.
ACTION:
Not Heard.
2-J: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b): Three
matters: one involving a dispute at real property located at 161
Ocean Park Boulevard, one involving 939 San Vicente Boulevard,
and one involving Village Trailer Park.
ACTION:
taken.
Village Trailer Park matter heard. No reportable action
2-K: Conference with Legal Counsel- Existing Litigation: Stella
Dehbibi & Kamyar Kamran v. City of Santa Monica, Case No. SC
086426.
Motion by Councilmember Holbrook. seconded by Mayor Bloom, to
approve Settlement Agreement No. 8682 (CCS) for $86,000 to plaintiff,
and $60,000 to co-plaintiff Kamran. The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, Shriver, Genser, McKeown,
Mayor Bloom
None
Councilmember O'Connor, Mayor Pro Tern Katz
2-L: Conference with Legal Counsel- Existing Litigation:
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February 13,2007
Abraham Supino v. City of Santa Monica, Case No. SC 080 283, and
related cases (Farmer's Market Litigation).
ACTION:
Heard. No reportable action taken.
2-M: Conference with Legal Counsel- Existing Litigation: Oscar
Saenz v. City of Santa Monica, Case No. SC 088 218.
ACTION:
Not Heard.
MOUNTAINVIEW
MOBILE HOME PARK
l-C: Mountain View Mobilehome Park Building Improvements-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8679 (CCS) with Gonzales Construction, in the amount of
$139,715, for various repairs to the Mobilehome Park community
building, was presented.
Councilmember Genser advised that he removed this item from the
Consent Calendar to ask staff to reply to public comments made by Mr.
Askari related to the alleged absence of Gonzales Construction from a
mandatory walk-through. Staff advised that Gonzalez Construction
representative(s) were present during the walk through.
Motion by Councilmember Holbrook. seconded by Mayor Bloom, to
approve recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers McKeown, Genser, Holbrook, Mayor
Bloom
None
Councilmember Shriver
Councilmember O'Connor, Mayor Pro Tern Katz
NOES:
ABSTAIN:
ABSENT:
STUDY SESSION: 3-A: Update on Youth Violence and Community Policing.
YOUTH VIOLENCE/
COMMUNITY POLICING Members of the public Joey Fullmer, Joe Natoli and Jerry Rubin spoke in
support of Community Policing.
Councilmember 0 'Connor
returned at-7:20 p.m.
A report and update was provided by Police Chief Jackman. On order of
the Mayor, the information was received and filed.
ORDINANCES:
SECTION 9.32.170
7-A: Second reading and adoption of Ordinance No. 2218 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CODE SECTION 9.32.170 TO CORRECT THE
INADVERTENT DELETION OF A RECENT AMENDMENT TO
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February 13, 2007
FENCES, WALLS,
HEDGES
THIS SECTION THROUGH THE ADOPTION OF ORDINANCE NO_
2207 (CCS)," was presented.
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 Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Bloom
None
Mayor Pro T em Katz
NOES:
ABSENT:
7-B: Introduction and first reading of an interim ordinance
extending and amending the modifications to fence, wall and hedge
standards, including changes to the hedge definition, allowable hedge
heights, defined front yard area, front yard ornamental structures,
front yard safety guardrails, and terraced walls; grandparenting
existing nonconforming hedges, fences and walls, and establishing
administrative and discretionary height modification procedures;
consideration of administrative appeal process and fees; recom-
mendation to direct staff to prepare a revised interim ordinance
based on the proposed recommendations; and supplemental report,
was presented.
The following members of the public spoke generally in support of the
ordinance and in support of grandparenting of hedges: Maria Martinelly,
Gita Kammann, Dale Manolakas-Shults, Jerry Rubin, Jerry Bass,
Stephanie Barbanell, Britt Allcroft, Aaron Mendelsohn, Leah
Mendelsohn, Russ Johnstone, Meyera Robbins, Jan Ludwinski, Renee
Ellis, Ronald Cunningham, Jacob Samuel, Ken Scopp, Fred Hollander,
Kendall Smith, Crystal Burke, Ruth Kerman, Dona Colombier, Emily
Colombier, Bob Karas, Elena Occhipinoti, Mira Muller, Daniel Bleiberg,
and Peter Brodende.
The following members of the public spoke generally against
grandparenting of all hedges and provided various suggestions and ideas:
Baldev Devgan, Manju Devgan, Robert A. Freeman, Tsvia Weinstein,
Ken Ziff, Lewis Perkins, Ann Greenspun, Monika Bialas, William
Conlde, Virginia Kohfeld, James Kohfeld, Perry Clennon and Susan
Beauchene.
Motion by Councilmember Genser. seconded by Councilmember
McKeown, to introduce the ordinance reading by title only and waiving
further reading thereof, amended to extend to September 30th, clarifying
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February 13,2007
that the ordinance doesn't prevent any state permitted action and does not
eliminate rights under state law; and give direction to staff to return with
revisions discussed as quickly as possible.
Sr. Land Use Attorney Barry Rosenbaum advised that a new Section 6
would be added to the ordinance and would read: "Nothing in this
ordinance shall preclude any individual from seeking any other remedies,
penalties or procedures as provided by law.". The motion, as amended,
was approved by the following vote:
AYES:
Councilmember McKeown, O'Connor, Censer, Shriver,
Holbrook, Mayor Bloom
None
Mayor Pro Tern Katz
NOES:
ABSENT:
Motion by Councilmember Genser. seconded by Councilmember
O'Connor, to direct staff to explore options for requiring registration of
grandparented hedges that are not currently registered; include in revised
ordinance a standard for the depth of hedges that are eligible for
unlimited height adjacent to an alley; include standards for maintenance
of hedges and explore whether something beyond requiring only
trimming to the property line should be included; clarify objection
criteria and consider whether to include in the standards for determining
meeting standards of proof, whether a record of prior complaints should
be considered; return with standards for key lots and reverse comer lots.
The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, Genser, O'Connor,
McKeown, Mayor Bloom
Councilmember Shriver
Mayor Pro Tem Katz
NOES:
ABSENT:
Councilmember Shriver stated, for the record, that he voted in opposition
because he is not in favor of any dilution of the significant showing that
is required in the prior law and is consistent with fairness and is
represented in burden and standards.
Motion by Councilmember McKeown. seconded by Councilmember
Genser, to direct staff to investigate and report on the enforcement issues
raised by members of the public via an information report. The motion
was unanimously approved by voice vote, with Mayor Pro Tern Katz
absent.
Motion by Councilmember McKeo~ that on existing appeals the fee be
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February 13,2007
STAFF ITEMS:
TEMPORARY OFFICE
BUILDING
PUBLIC SAFETY
STORAGE FACILITY
SPECIAL JOINT
MEETING:
1338 42ND STREET
waived. The motion died for lack of a second.
8-A: Temporary Office Building east of City Hall - recommendation
to direct staff to proceed with steps necessary to develop a temporary
office building east of City Hall and provide any initial design direction;
and authorize the City Manager to negotiate and execute an agreement
with Natoma Architects, in the amount of $885,500, for design services
for the building and tenant improvements, was presented.
Member of the public Jerry Rubin discussed various aspects of the
project and the process.
Discussion ensued regarding the merits of the project, the need for a
public process for the project, costs, funding options, and the merits of a
temporary versus a permanent building.
Motion by Councilmember Shriver. seconded by Councilmember
O'Connor, to direct staff to return with a smaller contract for a public
outreach process. The motion was approved by voice vote, with
Council members Genser and McKeown in opposition, and Mayor Pro
Tem Katz absent.
8-B: Public Safety Storage Facility Building - recommendation to
approve the project location for a Public Safety Storage Facility south of
Fire Station No.5, on thc Municipal Airport property; approve
recommended proposed schematic design; and direct staff to proceed
with a request for bid process and return with a recommendation for a
designlbuild contract.
On order of the Mayor, and at the request of staff, this item was
withdrawn.
SPECIAL JOINT MEETING WITH THE REDEVELOPMENT
AGENCY:
On order ofthe Mayor, the regular City Council meeting recessed at
11 :24 p.m., and reconvened to a joint meeting with the Redevelopment
Agency with Mayor Pro Tern Katz absent.
8-C: Proposed acquisition of 1338-42 5th Street - recommendation
that City Council authorize the City Manager to execute a Letter of Intent
to acquire the property located at 1338-42 5th Street, and to negotiate and
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February 13, 2007
ADJOURNMENT OF
execute Purchase and Sale Agreement No. 8683 (CCS) and other related
documents; adopt Resolution No. 10197 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA FINDING THE
USE OF FUNDS FOR ACQUISITION OF THE PROPERTY IS OF
BENEFIT TO THE EARTHQUAKE RECOVERY REDEVELOP-
MENT PROJECT AREA"; authorize the City Manager to execute
Cooperation Agreement No. 8684 (CCS) with the Redevelopment
Agency to acquire the property. Recommendation that the
Redevelopment Agency adopt Resolution No. (499 (RAS) entitled: "A
RESOLUTION OF THE REDEVELOPMENT AGENCY FINDING
THE USE OF FUNDS FOR ACQUISITION OF THE PROPERTY IS
OF BENEFIT TO THE EARTHQUAKE RECOVERY
REDEVELOPMENT PROJECT AREA"; authorize the Executive
Director to execute Cooperation Agreement No. 8684 (RAS) with the
City to acquire the property, was presented.
There was no one present for public comment.
Motion by Councilmember O'Connor. seconded by Councilmember
Genser, to authorize the City Manager to execute a Letter of Intent to
acquire the property located at 1338-42 5th Street, and to negotiate and
execute Purchase and Sale Agreement No. 8683 (CCS) and other related
documents; adopt Resolution No. 10197 (CCS) reading by title only and
waiving further reading thereof, and authorize the City Manager to
execute Cooperation Agreement No. 8684 (CCS). The motion was
approved by the following vote:
AYES:
Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Bloom
None
Mayor Pro Tem Katz
NOES:
ABSENT:
Motion by Agency Member O'Connor. seconded by Agency Member
Gcnser, adopt Resolution No. (499 (RAS), reading by title only and
waiving further reading thereof, and authorize the Executive Director to
execute Cooperation Agreement No. 8684 (RAS) with the City to acquire
the property. The motion was approved by the following vote:
AYES:
Agency Members Holbrook, Shriver, Genser, O'Connor,
McKeown, Chair Bloom
None
Chair Pro T em Katz
NOES:
ABSENT:
On order of the Mayor, the Special Joint Meeting was adjoumed at 11 :28
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February 13, 2007
SPECIAL MEETING
p.m., and the regular City Council meeting was reconvened with Mayor
Pro Tern Katz absent.
. .
, '....
WRITTEN REOUESTS: 12-A: Request of Nathan Hamilton to be allowed to open a non-
CANNABIS DISPENSARY profit medical cannabis dispensary on Main Street in the City of
Santa Monica. was presented.
Councilmember 0 'Connor
was excused at 11:35 p.m.
Members of the public Chris Fusco and Mike Feinstein spoke in support
of the request.
Member of the public Jenna Linnekens spoke in opposition of the
request.
Motion by Councilmember Shriver. seconded by Mayor Bloom, to direct
staff to return with information regarding regulations, legality, zoning,
enforcement issues and other pertinent information. The motion was
approved by voice vote with Councilmember Holbrook voting in
opposition, and Mayor Pro Tern Katz and Councilmember O'Connor
absent.
COUNCIL ITEMS:
LIAISONS TO BOARDS
AND COMMISSIONS
I3-A: Appointment of Councilmember Liaisons to Boards and
Commissions.
On order of the Mayor, this matter was continued to February 27,2007.
AGENDA
MANAGEMENT
13-B. Request of Mayor Bloom and Mayor Pro Tempore Katz to
continue discussion related to agenda management that began at the
January 6, 2007, Council Workshop, including length and frequency
of meetings and effectiveness of information provided to the Council.
On order of the Mayor, this matter was continued to February 27,2007.
CONTINGENCY FUNDS 13-C: Request of Mayor Bloom and Mayor Pro Tempore Katz to
continue discussion related to uses of Council contingency from the
January 6, 2007 Council Workshop.
On order of the Mayor, this matter was continued to February 27,2007.
PUBLIC INPUT:
Members of the public Mel Klein, Diana Feinstein, Marlene Gomez,
Jenna Linnekens, and Esther Schiller addressed Council on various
subjects.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 11 :51
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February 13, 2007
p.m.
~~~:
.4.-, lu ~
Maria . Ste~
City Clerk
AePR<D'VED:
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Richard Bloom
Mayor
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February 13, 2007