M-021908CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 19, 2008
A special meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:49 p.m., on
Tuesday, February 19, 2008, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Herb Katz
Mayor Pro Tem Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Bobby Shriver (arrived at 6:30 p.m.)
Absent: Councilmember Pam O'Connor
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 Shriver and O'Connor 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.
Motion by Councilmember Genser, seconded by Councilmember
Holbrook, to approve all items on the Consent Calendar as presented,
reading resolutions by title only and waiving further reading thereof. The
motion was unanimously approved by voice vote, with Councilmembers
Shriver and O'Connor absent.
2402 4th STREET 1-A: Statement of Official Action taken on appeal of the
Landmarks Commission's denial of Certificate of Appropriateness
for reconstruction of brick work at a designated City Landmark at
2402 4th Street, Unit 4, was approved.
February 19,2008
CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 5:54 p.m., to
consider closed sessions and reconvened at 6:51 p.m., with
Councilmember Shriver Councilmembers McKeown, Genser, and O'Connor absent, to report the
arrived at 6:30 p.m. following:
2-A: Conference with Legal Counsel -Existing Litigation: Erik
Korjus v. City of Santa Monica, Case No. SC 092 425.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem
Bloom, to approve Settlement No. 8891 (CCS), in the amount of
$75,000. The motion was approved by the following vote:
AYES: Councilmembers Shriver, Holbrook, Mayor Pro Tem
Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers McKeown, Genser, O'Connor
2-B: Conference with Legal Counsel -Existing Litigation:
Abraham Supino v. City Of Santa Monica (and consolidated cases,
Case No. SC 080 283.
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel -Existing Litigation: Erik
Korjus v. Citv of Santa Monica, Case No. SC 092 425.
ACTION: Heard. No reportable action taken.
2-D: 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.
2-E: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b): 161
Ocean Park Boulevard,
ACTION: Not Heard.
February 19, 2008
APPEALS:
FICUS TREES - 2ND AND
4TH STREETS
Councilmembers McKeown applications based on the findings set forth by the Landmarks Com-
and Genser returned at 6:55 mission, was presented.
p. m.
6-A: Appeals of Landmarks Commission denial of Landmark
Applications for the Tcus trees located on the east and west sides of
2nd and 4th Streets -recommendation to deny appeals and uphold the
Landmark Commission's decision to deny Landmazk designation
Appellant Jeny Rubin presented his appeal and spoke in support of
saving the trees.
Don Patterson, on behalf of the applicant City of Santa Monica, spoke in
opposition to the appeal.
Members of the public Joey Fullmer, Shepherd Girion, Woody Girion,
David Bischke, Nancy Lawrence, Katy Dougherty, Catilyn Dana, Phill
Truesdell, Dan Jansenson, Andrea Dreyer, Gloria Lambden, Mazk
Gibney, Gillian Waze, Louise Steiner, Marissa Rubin, Malia Lewis,
Cosmo Bua, Colette Divine, Shahan Ibrahm, Sally Silverstein, Lawrence
Kolb, Julia Bader, Jacob Quinn, Jonathan Mann, Susan McCory, John
Quigley, Lorraine Sanchez, Chris Paine, Kate Holt, Susan Hartley,
Michael Lindley, Hillary Kaye, Jason Oliver, Jacqueline Bailey, Joe
Natoli, Michael Mihaly, Katie Rogers, Nick Baggazly, Merilyn Tiangao,
John Nicoll, Alec Richker, Dick Orton, Grace Devies, Julia Jaye, Onyay
Pheori, Louisa Fish, Brian Hutchings, Karin Gutman, Nina Fresco,
Charles Fredricks, Jethro Singer, and Tom Nitti spoke in support of
saving the trees.
There was no rebuttal provided by applicant City of Santa Monica.
Appellant Jerry Rubin presented a rebuttal in support of the appeal.
Motion by Mayor Pro Tem Bloom. seconded by Councilmember Genser,
to deny appeal and uphold the decision of the Landmarks Commission.
The motion was approved by the following vote:
AYES: Councilmembers Genser, Shriver, Holbrook, Mayor Pro
Tem Bloom, Mayor Katz
NOES: Councilmember McKeown
ABSENT: Councilmember O'Connor
February 19, 2008
Councilmember McKeown stated, for the record that his "no" vote
reflects his dismay that the motion failed to include direction for
agendizing reconsideration of the underlying issue and he cannot, in
conscience, go along with Council majority's desire to use public money
against public opinion to remove healthy trees.
STAFF ITEMS: 8-A: Mid-Year 2007-08 Budget -recommendation to appropriate
MID-YEAR BUDGET proposed budget changes and adjust revenue budgets; adopt Resolution
No. 10273 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA 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 Action Plan, was
presented.
The following members of the public spoke in support of various
projects: Joey Fullmer, Russell Sydney, Jennifer Kennedy, and Zina
Josephs.
Motion by Councilmember Genser. seconded by Councilmember
McKeown, to approve staff recommendation to appropriate proposed
budget changes and adjust revenue budgets; adopt resolution; 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 Action Plan. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Genser, Shriver, Holbrook,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor
Motion by Councilmember Genser, seconded by Mavor Katz, to ask staff
to not allocate the available $5.8 million for any particular expenditure
and keep it as an additional fund balance in the proposed budget coming
forward. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Shriver, Holbrook,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor
February 19, 2008
FINANCIAL FORECAST 8-B: Five Year financial forecast, budget priorities, and discussion
& BUDGET PRIORITIES of community priorities for FY 2008-09 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 2009-10 budget
plan, was presented.
Members of the public Barry Seid, Asuka Hisa, Tom Beaulieu, Daniel
Jansenson, Hara Beck, Louisa Fish, Catherine Eldridge, Crystie Lawsoe,
David Auch, Nina Fresco, Lori Nafshun, Emma Lewis Thomas, Brian
Hutchings, Joe Natoli, Phyllis Green, Leigh Curran, Susan Suntue, Fred
Dewey, Jan Williamson, Marcus Kuiland-Nazario, Judy Abdo, Zina
Josephs, Jerry Rubin, Susan Fraser, and Susan Hartley spoke in support
of funding for various programs and projects including but not limited to
the arts, child care, infrastructure, and green space.
Discussion ensued on the public comments received, on the next fiscal
year's budget and on existing programs and future needs. Staff was
advised to take direction from points made during Council's discussion.
On order of the Mayor, the information was received and filed.
BAN ON PLASTIC BAGS 8-C: Proposed ban on distribution of free plastic bags for
commercial establishments -recommendation to direct the City
Attorney to prepare an ordinance banning the free distribution to
customers of single use plastic carry-out bags at stores within the city;
and provide staff with direction on a proposal to require retailers to
charge a fee on single use paper bags in addition to the ban on plastic
bags.
On order of the Mayor, this matter was continued to a future meeting.
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.
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.
5 February 19, 2008
13-C: Request of Councilmember Genser that the Council direct the
City Attorney to return with a draft ordinance for Council
consideration that would (1) lower the threshold to 35% of the
owners of properties to be assessed to initiate a ballot measure on the
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 Joe Natoli spoke in opposition of the request.
Motion by Councilmember Genser, seconded by Mayor Katz, to approve
request, amended to leave blank the percentage and the number of years
proposed, and directing staff to return with information on assessments
for non-profits. The motion was unanimously approved by voice vote,
with Councilmember O'Connor absent.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:37
a.m. to February 26, 2008, in memory of Nicole Flaten, Iris Hogan, and
William "Bill" Hooper.
ATTEST: ~'`''
Mariaar't
City Clerk
rviayor
February 19, 2008