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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