M-121107CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 11, 2007
A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:49 p.m., on
Tuesday, December 11, 2007, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Herb Katz
Mayor Pro Tem Richard Bloom
Councilmember Ken Genser
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Absent: Councilmember Bobby Shriver
Councilmember Robert T. Holbrook
Also Present: Assistant City Manager Gordon Anderson
City Attorney Marsha Jones Moutrie
City Clerk Mazia M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:49p.m., with
Councilmembers Holbrook and Shriver absent. Deputy City Manager
Mona Miyasato 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 expressed various concerns.
At the request of Councilmember Genser, Items I-E and 1-F was
removed from the Consent Calendar.
Motion by Councilmember O'Connor, seconded byMayor Pro Tem
Bloom, to approve all items on the Consent Calendaz as presented,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Mayor
December 11.2007
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers Holbrook, Shriver
MINUTES 1-A: The of minutes of October 30, 2007, City Council meeting were
approved as submitted.
PARKING CITATION 1-B. Parking citation hearing examiner services -recommendation
HEARING EXAMINER to authorize the City Manager to negotiate and execute two-year
Agreement No. 8865 (CCS) with Sherman and Levine Law Offices, to
provide parking adjudication services from 1/1/08 through 12/31/09, with
an option to extend for two additional two-year terms, was approved.
COUNCIL MEETING 1-C: Recommendation to cancel regular meeting scheduled for
CANCELLED Tuesday, December 25, 2007, was approved.
1327 EUCLID STREET 1-D: Resolution No. 10265 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING THE FINAL SUBDIVISION MAP FOR TRACT NO.
063074 TO SUBDIVIDE A PROPERTY INTO FIVE UNITS AT
1327 EUCLID STREET," was adopted.
LUCE SERVICES 1-E: Provision of services related to the Land Use and Circulation
Element Concept Plan -recommendation to authorize the City Manager
to negotiate and execute an amendment to existing Contract No. 8866
(CCS) with: Nelson/Nygaard Consulting Associates, in the amount of
$250,000, to provide transportation planning services; and existing
Contract No. 8867 (CCS) Moore Iacofano Goltsman, Inc., in the amount
of $375,000, for workshop preparation and facilitation and preparation;
negotiate and execute Contract No. 8868 (CCS) with Whitney &
Whitney, Inc., in the amount of $145,000, for an economic feasibility and
market study and other related services; and approve proposed budgetary
actions, including an appropriation of funds, was presented.
Councilmember Genser advised he removed this matter from the Consent
Calendar to get clarification relating to arriving at a resolution on the
parameters of the methodology that will be used to measure traffic, and
on what services are included in the contract. Staff responded to
questions from Councilmembers.
Motion by Councilmember Genser, seconded by Mayor Katz, to approve
staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Genser, O'Connor, McKeown, Mayor
December 11, 2007
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers Holbrook, Shriver
CITY HALL SEISMIC 1-F: City Hall Seismic Retrofit Project - recommendation to
RETROFIT authorize the City Manager to negotiate and execute contract
modifications with Black and Veatch for Contract No. 8529 (CCS), in the
amounts of $213,826 and $377,626 for a total amount of $1,902,401,
modifying the existing scope, schedule, cost and adding the new scope of
Jail Area Tenant Improvement, elevator addition, restroom addition and
electric room addition to the existing Seismic Retrofit Project, was
presented.
Discussion ensued on whether this matter should be heard with Item 3-A.
After discussion, it was the consensus of Council to approve the portion
of the recommendation that is not related to Item 3-A.
Motion by Councilmember Genser, seconded by Councilmember
McKeown, to .approve the contract modification in the amount of
$213,826. The motion was approved by the following vote:
AYES: Councilmembers Genser, O'Connor, McKeown, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers Holbrook, Shriver
(See Item 3-A below for action taken on the remainder of the
recommendation.)
CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:24 p.m., to
consider closed sessions and returned at 7:33 p.m., with Councilmembers
Holbrook and Shriver absent to report the following:
2-A: Conference with Real Property Negotiator
Property: Three parcels seaward of the 1921 Mean High
Tide Line and adjacent to 850 Palisades Beach Road
City Negotiator: Andy Agle, Director, Housing and
Economic Dev.
Under Negotiation: Modification of Lease Terms
Lessee: Jonathan Club
ACTION:. Heard. No reportable action taken.
2-B: Conference with Real Property Negotiator
December 11, 2007
Property: 2640 Main Street, Santa Monica
City Negotiator: Andy Agle, Director, Housing and
Economic Dev.
Under Negotiation: Modification of Lease Terms
Owner/Lessee of Record: City of Santa Monica/Ocean Park
Restaurant
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel -Existing Litigation: Richard
Schneider v. Citv of Santa Monica, Case No. SC 088456.
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel -Existing Litigation:
Abraham Supino v. City of Santa Monica (and consolidated casesj,
Case No. SC 080283.
ACTION: Heard. No reportable action taken.
2-E: 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.
STUDY SESSION: 3-A: City Hall Seismic Retrofit Project -Alternative Elevator
CITY HALL SEISMIC Locations and Electrical Room Additions -recommendation that
RETROFIT Council provide direction as to the preferred location of the required
elevator and electric room additions to City Hall, was presented.
There was no one present for public comment.
Discussion ensued on the alternatives proposed by staff, on the need for a
City Hall Master Plan and on the timing needs for the project. After
considerable discussion, direction was provided to staff on Council's
preference of the location of the elevator and the electrical room.
On order of the Mayor, and with Council consensus, Council to take
additional action on Item 1-F:
CITY HALL SEISMIC 1-F: City Hall Seismic Retrofit Project -recommendation to
December 11, 2007
RETROFIT authorize the City Manager to negotiate and execute contract
modifications with Black and Veatch for Contract No. 8529 (CCS), in the
amounts of $213,826 and $377,626 for a total amount of $1,902,401,
modifying the existing scope, schedule, cost and adding the new scope of
Jail Area Tenant Improvement, elevator addition, restroom addition and
electric room addition to the existing Seismic Retrofit Project, was
presented.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to approve amendment to existing contract in the amount of
$377,626. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers Shriver, Holbrook
SPECIAL ITEMS: 4-A: A commendation was issued by Mayor Katz to Ed Edelman
for his commitment to tirelessly pursue regional and local solutions
to address homelessness as Santa Monica's Special Representative
for Homeless Initiatives.
STAFF ITEMS: 8-A: Proposed amendment to Anti-smoking Ordinance -
ANTI-SMOKING recommendation that Council direct staff to prepare an amendment to the
ORDINANCE anti-smoking ordinance to create liability for business owners and
managers who knowingly allow smoking in outdoor dining areas, was
presented.
The following members of the public spoke in support of the proposal:
Robert Donin, Robert Berger, Neil Carrey, Beth Miller, William
McCarthy, Willow Evans, Regina Harcourt, Michelle Matisse, Kirk
Morrow, Lou Moench, Igor Kagah, Jerry Rubin, and Barbara Bronie.
The following members of the public spoke in opposition to the proposal:
Joey Fullmer and Bruce Cameron.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to approve staff recommendation including marketing, signage,
education, and progressive enforcement plans. The motion was approved
by the following vote:
AYES: Councilmembers Genser, O'Connor, McKeown, Mayor
Pro Tem Bloom, Mayor Katz
December 11, 2007
NOES: None
ABSENT: Councilmembers Holbrook, Shriver
Motion to amend by Councilmember Genser, to include the Main Library
grounds, and include requirement that outdoor restaurants post signage.
The motion was accepted as friendly.
The motion as amended was approved by the following vote:
AYES: Councilmembers Genser, O'Connor, McKeown, Mayor
Katz, Mayor Pro Tem Bloom
NOES: None
ABSENT: Councilmembers Shriver, Holbrook
Motion by Mayor Pro-Tem Bloom, seconded by Councilmember
O'Connor, to direct staff to return with information regarding tobacco
retailing licensing, such as that in the City of Burbank. The motion was
unanimously approved by voice vote, with Councilmembers Holbrook
and Shriver absent.
Motion by Mayor Pro Tem Bloom. seconded by Mayor Katz, to direct
staff to return with an information item regazding various methods by
which municipalities are regulating smoking in multi-unit buildings; and
information on anon-binding resolution to discourage pharmacies from
selling cigarettes. The motion was approved, with Councilmember
O'Connor voting in opposition and with Councilmembers Shriver and
Holbrook absent.
20`h STREET/CLOVER- 8-B: 20th Street & Cloverfield Street Improvements Project
FIELD BLVD., Conceptual Design -recommendation to approve in concept the design
IMPROVEMENTS for the Project; and authorize the City Manager to negotiate and execute
an amendment to Contract No. 8581 (CCS) with Ahbe Landscape
Architects, in the amount of $99,100, for design of street light
conversions and traffic signal modifications for the Project, was
presented.
There was no one present for public comment.
Discussion ensued on the options of including medians similar to those
on Wilshire, on the reasons for the selection of the plantings for the
landscaping, on the possibility of having bike lanes on 20'h Street, and on
possible efforts to include in the project methods to address the security
issues in the neighborhood.
December 11, 2007
After discussion, it was the consensus of Council to continue this matter
to January 2008 and to ask staff to return with information relevant to the
discussion.
SHOTGUN HOUSE 8-C: Shotgun House -recommendation to select the Santa Monica
Conservancy to relocate, rehabilitate and operate the Shotgun House as
Preservation Resource Center; and approve major terms fora 20 year
lease agreement and authorize the City Manager to negotiate and execute
Lease Agreement No. 8869 (CCS) with Santa Monica Conservancy, was
presented.
Members of the public Sherrill Kushner and Mario Fonda-Bonardi spoke
in support of the project.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to approve staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Genser, O'Connor, McKeown, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers Holbrook, Shriver
CIVIC CENTER 8-D: Civic Center Village Development Agreement Design Update
VILLAGE -recommendation to hear public testimony, discuss updated design
concepts for the Civic Center Development Agreement and determine
whether the proposed revised design, including a shazed parking
program, meets the intent of Council's authorization to negotiate a
development agreement as discussed at the August 14, 2007, public
heazing, was presented.
The following members of the public spoke generally in support of the
project: Betty Mueller, Jerry Rubin, Patricia Hoffman, Genise Schnitman,
Jack Walter, Jan Williamson, Paul DeSantis, James Mount, and David
Pettit.
Member of the public Susan Hartley expressed concerns related to
parking, safety and the height of the project. Member of the public Ellen
Brennan spoke in opposition of the project.
Motion by Mayor Pro Tem Bloom, seconded by Councilmember
McKeown, to approve recommendation on massing and shared parking.
The motion was approved by the following vote:
7 December 11, 2007
AYES: Councilmembers McKeown, O'Connor, Genser, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers Shriver, Holbrook
WRITTEN REQUESTS: 12-A: Request of Nathan Crowe that the City Council require, as a
IZZY'S DELI result of a pattern of chronic and flagrant code violations, that Izzy's
deli restaurant be closed during the hours of 12:00 a.m., and 8:00
a.m., or alternately, that the parking lot north and adjacent to the
restaurant be required to be physically closed and not be used for
any purpose other than fire and emergencies between the hours of
12:00 a.m., and 8:00 a.m.
On order of the Mayor, this matter was continued to the meeting of
January 22, 2008.
COUNCIL ITEMS: 13-A: Appointment to two annual vacancies on the Pier Restoration
APPOINTMENTS Corporation with terms ending November 8, 2011.
On order of the Mayor, the floor was opened for nominations to the Pier
Restoration Corporation
Councilmember Genser nominated David Newberg.
There being no other nominations, Mr. Newberg was appointed by
acclamation, with Councilmembers Holbrook and Shriver absent.
On order of the Mayor, the second vacancy was continued to January 8,
2008.
APPOINTMENT 13-B: Appointment to one unscheduled vacancy on the Pier
Restoration Corporation Board of Directors for a term ending
November 13, 2010.
On order of the Mayor, this appointment was continued to January 8,
2008.
UNSCHEDULED 3-C: Appointment to unscheduled vacancies for the following
VACANCY Boards/Commission:
Board/Commission No. of Appts. Term Ending
Bayside District Corporation 1 6/30/2008
December 11, 2007
On order of the Mayor, this matter was continued to January 8, 2008.
Commission/Status of Women 1 6/30/2008
On order of the Mayor, this matter was continued to January 8, 2008.
Personnel Board 1 6/30/2010
On order of the Mayor, the floor was opened for nominations to the
Personnel Board.
Mayor Pro Tem Bloom nominated Joy Abbott. There being no other
nominations, Ms. Abbot was appointed by acclamation with
Councilmembers Shriver and Holbrook absent.
Pier Restoration Corporation 1 11/10/2009
On order of the Mayor, this matter was continued to January 8, 2008.
MWD APPOINTMENT 13-D: Appointment to one annual vacancy on the Metropolitan
Water District Board (MWD) of Directors for a term ending
December 31, 2011.
On order of the Mayor, the floor was opened for nominations to the
MWD.
Councilmember McKeown nominated Judy Abdo. There being no other
nominations, Ms. Abdo was appointed by acclamation with
Councilmembers Shriver and Holbrook absent.
RESIGNATION 13-E: Recommendation to accept Joan Charles resignation from the
Architectural Review Board and authorize the City Clerk to publish
the vacancy, was presented.
Motion b}~ Mayor Pro Tem Bloom. seconded b~avor Katz, to accept
resignation with regrets. The motion was unanimously approved with
Councilmembers Shriver and Holbrook absent.
FICUS TREE REMOVAL 13-F: Request of Mayor Katz for reassurance from staff that local
law prohibits removal of the ficus trees on 2°d and 4th Streets in the
Downtown during the pendency of the landmark proceeding now
ongoing as to those trees and that the prohibition also applies during
9 December 11, 2007
any appeal which maybe taken from the Landmarks Commission's
decision.
Mayor Katz withdrew this item.
PUBLIC INPUT: Members of the public Pro Se and Catherine Eldridge expressed various
concerns.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:37
p.m., in memory of Frank Wilson.
AT \ AP VED:
ate' ~ ~
Maria M. Stew Herb Katz
City Clerk Mayor
10 December 11, 2007