M-021208CITY OF SANTA I4IONICA
CITY COUNCIL MINUTES
EEBIZUARY I2, 2®Qg
A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:50 p.m., on
Tuesday, February 12, 2008, at City Council Chambers, 1b85 Main Street.
Roll Call: Present: Mayor Herb Katz
Mayor Pro Tem Richard Bloom
Councilmember Ken Censer
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Comror
Councilmember Bobby Shriver (arrived at 6:13 p.m.)
Absent: Councilmember Pam O'Connor
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEI)GE On order of the Mayor, the City Council convened at ~:~0 p.m., with
Councilmembers O'Connor and Shriver absent. Assistant to City
Manager Don Patterson 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, Joe Natoli, and Jerry Rubin
commented on various consent calendar items.
At the request of Councilmember Censer, item 1-C was removed from
the Consent Calendar.
Motion by Councilmember McKeown, seconded by Councilmember
Censer, to approve all items on the Consent Calendar as presented except
for Item 1-C, reading resolutions by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Censer, McKeown, Mayor
February 12, 2008
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers Shriner, O'Cormor
MINUTES 1-A: The minutes of the January 22, 2008, City Council meeting were
approved as submitted.
MINI BLUE BUS DESIGN 1-B: Provision of Mini Blue bus design and general design services
recommendation to authorize the City Manager to negotiate and execute
an amendment to Contract No. 8884 (CCS) with Sussman Prejza, in the
amount of $140,000, to complete the new bus design for Mini Blue and
Contract 8885 (CCS) for general design services, was approved.
CREDIT CARD PARKING 1-D: Credit card payments at City parking structures -
PAYMENTS recommendation to authorize the City- Manager to negotiate and execute
an amendment to Contract No. 8886 (GCS) with Paument Resources
International, in the amount of $560,000, for credit card payment
processing; and appropriate funds in the amount of $102,000, as
proposed, was approved.
LEGAL SERVICES - 1-E: Legal services for labor and employment law -
LABOR AND EMPLOY'- recommendation to authorize the City Manager to negotiate and execute ,
MENT an amendment to Contract No. 8887 (CCS) with Laebert Cassidy
Whitmore Law Firm, in the amount of $160,000 for fiscal year 2007-
2008, for provision of legal services, was approved.
RECRUITMENT 1-F: Executive recruitment services - recommendation to authorize
SERVICES the City Manager to negotiate and execute Contract No. 8888 (CCS) with
Teri Black & Company, in the amount of $150,000, to provide executive
recruitment services for the city, was approved.
EMPLOYEE LIFE 1-G: Employee life insurance cantract amendment -
INSURANCE recommendation to authorize the City Manager to negotiate and execute
an amendment to Contract No. 8041 (CCS) tivith the Hartford Life
Insurance for life insurance benefits for employees, was approved.
INVESTMENT POLICY 1-H: Annual update on City Investment Policg- -recommendation to
approve revised investment policy; extend delegation of investment
authority to the Director of Finance; and adopt Resolution No. 10271
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA UPDATLNG THE LIST OF PERSONS AUTHORIZED TO
CONDUCT TRANSACTIONS WITH THE STATE LOCAL AGENCY
INVESTMENT FUND," was approved.
2 February 12; 2008
PICO YOUTII AND 1-I: Pico Youth and Family Center relocationltenantlmprovement
FAMILY CENTER coats -recommendation to authorize the City Manager to negotiate and
execute Agreement No. 8889 (CCS) with the Center, in the amount of
$81,000, for tenant improvement and relocation costs, was approved.
EMPLOYMENT l -J: Recommendation to autharize the City Attorney to execute an
AGREEMENT employment Agreement Na. 8890 {CCS) with the Assistant City
Attorney, was approved.
CONFLICT OF I-K: Amendment to City's Conflict of Interest Code -
INTEREST CODE recommendation to adopt Resolution No. 10272 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA AMENDING
THE CITY'S CONFLICT OF LNTEREST CODE TO REVISE THE
DESIGNATED POSITIONS FOR WHICH STATEMENTS OF
ECONOMIC INTEREST ARE REQUIRED TO BE FILED," was
approved.
RECYCLING AND 1-C: Purchase of refuse and recycling bins - reconunendation to
REFUSE BINS approve the purchase of refuse and recycling bins from Consolidated
Fabricators for $500,000; amend the award of Bid No. 2916 to
Councilmember Shriner Roto/Rotonics Industries to an amount of $510,000; and approve the
arrived at 6:13 p. m. proposed budget changes, was presented.
Councilmember Censer advised he removed this item from the Consent
Calendar to ask questions related to the method, timing and amount of
the purchase. Staff replied to questions from Councilmembers.
Motion by Councilmember McKeown seconded by Comlcilmember
Denser, to only approve emergency purchase of $98,617.92 and direct
staff fo return vtizth information addressing Cotmcilmember Censer's
concerns. The motion failed by the following vote:
AYES: Councilmembers Censer, McKeown
NOES: Councilmembers Holbrook, Shriner, Mayor Pro Tem
Bloom, Mayor Katz
ABSENT: Councilmember O'Connor
Motion by Councilmember Holbrook seconded by Manor Pro Tem
Bloom, to approve staff recommendation. The motion was approved' by
the followine vote:
February 12, 2008
AYES: Councilmembers Shriver, Holbrook, Mayor Pro Tem
Bloom, Mayor Katz
NOES: Councilmembers McKeown, Genser
ABSENT: Councilmember O'Connor
CLOSED SESSI(9NS:
Councilmember McKeown stated for the reLOrd that his "no vote"
reflects that cone-week delay for more information would not have
resulted in garbage in the streets, and that he is sympathetic to
Councilmember Genser's request for information as it regards the impact
on the residential ratepayers.
Councilmember Genser stated for the record that he voted in opposition
because he thinks it is irresponsible for the Council to approve almost
$800,000 in purchases outside of the competitive bidding process when
there has been no analysis presented that the quantity. of merchandise is
needed, and that it is needed now.
*After the meeting, the City Attorney ruled that approval of the Conso-
lidated Fabricators purchase required five votes, and that therefore, that
part of the motion did not pass. The remainder of the motion did pass.
On order of the Mayor, the City Council recessed at b:35 p.m., and
returned at 7:56 p.m., with Councilmember O'Connor absent, to report
the following,
2-A: Conference with Legal Counsel -Existing Latigarian:
Abraham Supino v. City of Santa Monica fend consolidated casesa,
Case No. SC 080283.
ACTION: Not Heard.
2-B. Conference with Legal Counsel -Existing Litigation: Ci of
Santa Monica v. Baron & Budd, P. C., Case No. BC 315186.
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel -Existing Litigafion: Erik
Korjus v. Citv of Santa Monica, Case No. SC 092 425.
ACTION: Not Heard.
2-D: Conference wi#h Legal Counsel -Existing Litigation: In the
Matter of Compliance with Federal Qbligations bti the City of Santa
Monica. California, FAA Docket No. 16-02-OS.
4 February 12, 2008
ACTION: Not Heard.
2-E: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section S49s6.9(b): 161
®cean Park Boulevard.
ACTION: Not Heard.
2-F: Conference with Labor Negotiator.
City Negotiator: Karen Bancroft,
Darector of human Resources
Bargaining lJnits: Santa i'Vlonica Police ®fficers Assn.
ACTION: Heard. No reportable action taken.
APPEALS: 6-A: Appeal of Landmarks Commission approval for demolition of
2642 2D STREET anon-contributing structure and construction of new residence at
2642 2nd Street, located within the 3rd Street Neighborhood Flistoric
District -recommendation to deny the appeal and approve the Certificate
of Appropriateness application for demolition of anon-contributing
structure and construction of a new single-family residence based on the
findings set forth by the Landmarks Commission. Appellant: Beatrice
Nemlaha, et al, Applicants: Mark Gorman and Beth Burns.
Appellant Beatrice Nemlaha presented her appeal and spoke in
opposition to the project.
Applicant Beth Burns and Architect Alan Cook presented and spoke in
support of the project and in opposition to the appeal.
Members of the public Ruthan Lehrer, Bruce Johnson, Janies Bianco,
Gayle Corter, Joe Carter, Lisa Langlois, Joe Natoli, Dan Freund, Larry
Graber, Candra Docherty and Zina Josephs spoke in support of the
appeal.
Member of the public John Kerley spoke in opposition of the appeal and
in support of the project.
Applicant Mark Gorman provided rebuttal comments in support of the
project.
Appellant Beatrice Nemlaha provided rebuttal in support of the appeal.
February 12, 2008
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to uphold the appeal.
Substitute motion by Mayor Katz, seconded by Mayor Pro Tem Bloom,
to deny appeal and uphold the Landmarks Commission approval.
Considerable discussion ensued on the merits of the original motion and
the substitute motion.
Motion by Mavor Katz, seconded by Cotmcilmember Shrives, to end
discussion and call the question.
Discussion ensued. Mayor Katz withdrew his motion to call the
question. After additional discussion, the substitute motion failed by the
fallowing vote:
AYES: Councilmembers Holbrook, Mayor Pro Tem Bloom,
Mayor Katz
NOES: Councilmembers McKeown, Genser, Shrives
ABSENT: Councilmember O'Connor
Councilmember McKeown, maker of original motion, modified his
motion to remand the matter to the Landmarks Commission for fiuther
work. The modification was friendly to the seconder. The modified
original motion failed by the following vote:
AYES: Councilmembers Shrives, Genser, McKeown
NOES: Councilmember Holbrook, Mayor Pro Tem Bloom, Mayor
Katz
ABSENT: Councilmember O'Connor
Both motions having failed, and such failure resulting in no action having
been taken, the decision of the Landmarks Conmrission stands.
1433 14`h STREET 6-B: Appeal of Planning Commission's approval of a Development
Review Permit for construction of a 19-unit condominium project at
1433 14th Street -recommendation to deny the appeal and uphold the
Planning Commission's approval subject to certain findings and
conditions. Appellant: E. Antonio; Applicant: 1433-1437 14th Street
LLC.
Appellant Elaine Antonio presented her appeal and spoke in opposition
of the project.
6 February 12, 2008
Kevin Kozal, representing Applicant, presented the project and spoke in
opposition of the appeal.
Member of the public Joey Fullmer expressed various concerns.
Applicant representative Kevin Kozai provided rebuttal comments in
support of the project.
Appellant Elaine Antonio provided rebuttal comments in support of the
appeal.
Motion by Councilmember Denser, seconded by Mayor Pro Tem Bloom,
to deny the appeal and uphold the Planning Commission's decision. The
motion was approved by the follouring vote:
AYES: Councilmembers Holbrook, Shriver; Denser, McKeown,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Couneilmember O'Connor
Motion by Councilmember McKeown_ seconded by Mayor Katz to direct
staff that, to the extent possible, further investigate the situation
presented by Ms. Antonio regarding the alleged telephone threat made to
a member of the public who was in opposition to the project, with staff
consulting with Ms. Antonio and to return to Council with suggested
procedures that in the firture may prevent such occurrences. The motion
was unanimously approved by voice vote, with Councilmember
O'Connor absent.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2247 {GCS)
RESIDENTAAI, entitled: "AN ORDINANCE OF THE CITY OF SANTA i~IONICA
PROTESTS ESTABLISHING DISTANCE REQUIREMENTS FOR TARGETED
RESIDENTIAL PROTESTS AND PROHIBITING THE USE OF
DANGEROUS STICKS AND POLES," was presented.
Motion by Councilmember Shriver. seconded by Councilmember Censer,
to adopt the ordinance, reading by title only and waiving fiu-ther reading
thereof. The motion was approved by the fo11o~1ng vote:
AYES: Councilmembers Denser, Holbrook, Mayor Pro Tem
Bloom, Mayor Katz
NOES: Councilmember McKeown
ABSTAIN: Councilmember Shriver
ABSENT: CoLmcihnember O'Connor
February 12, 2008
Councilmember McKeown stated, for the record, that he voted in
opposition because he believes the ordinance shifts the impact of
residenfial neighborhood demonstrations to the front yards of umforiunate
neighbors and fails to protect the residents as they deserve.
Councilmember Shriver stated that he abstained because he was not part
of the original debate.
GREEN BUILDING 7-B: Resolution making Landings of local climatic, geological and
ORDINANCE tapographical 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
4.04.10.04.100, and 9.04.10.04.110 related to landscape irrigation and
design standards. (Continued from January 8, 2008)
On order of the Mayor, this matter was continued to a firtuue meeting.
LANTANA EAST AND 7-C: Introducrion and first reading of an ordinance approving the
LANTANA SOUTH Development Agreement amendment between the City and Maguire
PROJECTS - DA'S Properties - 3030 Olympic, LLC, a Delaware Limited Liability
Company for Lanatana East; and introduction and first reading of
an ordinance approving the Development Agreement amendment
between the City and Maguire Properties - 3301 Exposition, LLC, a
Delaware Limited Liability Company for Lantana South, to allow a
funding alternative to constructing facilities at Edison School
campus for joint City use, were presented.
There was no one present for public comment.
Senior Land Use Attorney Barry Rosenbaum placed into the record minor
corrections to the proposed ordinances related to the hearing date and to
strike a "milestone date" of June 30, 2006.
Motion by Councilmember Genser, seconded by Councilmember Shriver,
to introduce for first reading the ordinance related to 3030 Olympic, as
corrected by Mr. Rosenbaum, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, McKeo~m,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor
February 12, 2008
Motion by Councilmember Genser, seconded by Shriver, to introduce
for first reading the ordinance related to 3301 Exposition, as corrected by
Mr. Rosenbaum, reading by title only and tivaiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook; Shriver, Genser; McKeov~m,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor
STAFF ITEMS: 8-A: Mid-Year 2007-08 Budget -recommendation to appropriate
MID-YEAR BUDGET proposed budget changes and adjust revenue budgets; adopt resolution
establishing classification and salary rates; approve the position and
classification changes proposed; and hold a public hearing and approve a
second amendment to the FY 2007-08 CDBG and HOME program One-
Year Acrion Plan.
On order of the Mayor, this matter was continued to February 19, 2008.
FIVE-YEAR FINANCIAL 8-B: Five Year financial forecast, budget priorifies, and discussion
FORECAST of community priorities for FY 2008-49 budget development -
recommendation to receive the five-year forecast as background for
development of the FY 2008-09 budget; receive public comment on
budget priorities; and give direction to staff on Community Priorities to
guide the development of the FY 2008-09 budget and FY 200910 budget
plan.
On order of the Mayor, this matter was continued to February 19, 2008.
CITY HALL SEISMIC
RETROFIT-ELEVAT
RESTROOMS,
ELECTRICAL ROOM
8-C: Placement of elevator, restrooms, and electrical room
dR, improvements related to the City hall Seismic Retrofit Project -
recommendation to authorize the City Manager to proceed with
implementation of a new elevator and restrooms inside the old jail and a
new electrical room at the exterior of City Hall at the southeast corner,
was presented.
There was no one present for public comment.
Motion by Councilmember Genser, seconded by Mayor Katz, to approve
recommendation. The motion was approved b}= the following vote;
9 February 12, 2008
AYES: Councilmembers Holbrook, Shriver, Genser, McKeown,
Mayor Pro Tem Bloom, Nlayor Katz
NOES: None
ABSENT: Councilmember O'Connor
COUNCIL ITEMS: 13-A: Appointment to one unscheduled vacancy on the Pier
APPOINTMENTS - PRC Restoration Corporation Board of Directors for a term ending
November 13, 2010, and one unscheduled vacancy for a term ending
November 10, 2009.
On order of the Mayor, the floor was opened for nominations.
Councilmember Genser nominated Monty Perez. There being no other
nominations, Mr. Perez was appointed for a term ending November 13,
2010, by acclamation with Councilmember O'Connor absent.
On order of the Mayor, the second vacancy was continued to February
19.2008.
ARB APPOINTMENT 13-B: Appointment to one unscheduled vacancy on the
Architectural Review Board for a term ending June 30, 2009.
On order of the Mayor, this matter was continued to Febniary 19, 2008.
REED PARK LIGHTING 13-C: Request of Councilmember Holbrook that staff study
additional street lighting needs in Reed Park along with planned
park improvements, was presented.
There was no one present for public comment.
Motion by Councilmember Holbrook, seconded by Councilmember
Genser, to approve request. The motion was unanimously approved by
voice vote, with Councilmember O'Connor absent.
PROPERTY-BASED 13-D: Request of Councilmember Genser that the Council dareet the
ASSESSMENT DISTRICT City Attorney to return with a draft ordinance for Council
consideration that would (1) lower the threshold to 35% of the
Councilmember Shriver was owners of properties to be assessed to initiate a ballot measure on the
excused at 11:18 p. m. formation of a Property Based Assessment District, and (2) allow a
Property Based Assessment District to be established for a term of
30-years, was presented.
Member of the public Toe Natoli spoke in opposition of the request.
10 February 12, 2008
At the request of Councilmember Denser, this matter was continued to
February 19, 2008.
REPLACEMENT OF 13-E: Request of Mayor Pro Tem Bloom and Councilmember
CITY TREES O'Connor that the Council direct staff to make recommendations
regarding implementation of revised procedures for analyzing
appropriate mitigations for replacing City trees, was presented.
Member of the public Dan 7ensenson cotnrnented on the request and
made suggestions.
Motion b~yor Pro Tem Bloom, seconded by Coumcilmember Denser
to approve request. The motion was approved by voice vote, with
Councilmember McKeown voting in opposition and with
Councilmembers O'Connor and Shriver absent.
Cowlcilmember McKeown stated for the record that he voted no, not
because he doesn't support the idea of planning for trees, but giving
direction to staff before this greater public input (on the next meeting's
agenda) is premature.
PUBLIC INPUT: There was no one present for public comment.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:39
p.m., in memory of Charlie Davis.
ATTEST:
City Clerk
1-1erb Katz
Mayor
l l February- 12, 2008