M-022608CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 26, 2008
A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:56 p.m., on
Tuesday, February 26, 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 Pam O'Connor
Councilmember Bobby Shriver (arrived at 6:11 p.m.)
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 5:56 p.m., with
Councilmember Shriver absent. Craig Perkins, Director of the
Environmental Public Works Management Department, led the
assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: The consent calendar was presented. Members of the public Joey
Fullmer and Joe Natoli discussed various Consent Calendar items.
At the request of Mayor Katz, Item 1-D was pulled from the Consent
Calendar.
Motion by Mayor Pro Tem Bloom, seconded by Mayor Katz, to pull Item
1-F until there is a full Council present.
Discussion ensued. The City Attorney provided advice relative to
existing rules for Council meetings. After discussion Councilmember
Genser requested that, if Item 1-F could be heazd presently, that it be
pulled from the Consent Calendar.
Motion by Councilmember McKeown, seconded by Councilmember
February 26, 2008
O'Connor, to approve all items on the Consent Calendar as presented
except Items 1-D and 1-F, reading resolutions by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember Shriver
MINUTES 1-A: The minutes of the February 12, 2008, City Council meeting
were approved as submitted.
423-421 OCEAN AVE. 1-B: Approval of Statement of Official Action denying appeal
related to Landmarks Commission designation of 423-431 Ocean
Avenue, was approved.
192718`s STREET 1-C: Resolution No. 10274 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING THE FINAL SUBDIVISION MAP FOR TRACT NO.
062708 TO SUBDIVIDE A PROPERTY AT 192718TH STREET,"
was adopted.
ANNENBERG BEACH 1-E: Annenberg Community Beach Club construction -
CLUB recommendation to authorize the City Manager to negotiate and execute
an amendment to existing Contract No. 8652 (CCS) with Midwest
Environmental Control, in the amount of $220,677, for additional
abatement of asbestos and lead containing materials related to the project,
was approved.
FINANCIAL ADVISORY 1-G: Financial Advisory Services for the City ,the Redevelopment
SERVICES Agency, and the Parking Authority -recommendation to authorize the
City Manager to negotiate and execute an amendment to Contract No.
8724 (CCS) with Public Resources Advisory Group, in the amount of
$250,000, for afive-year service contract, was approved.
CHARNOCK WELL 1-D: Charnock Well Field Restoration Project -recommendation to
FIELD authorize the City Manager to negotiate and execute design-build
Agreement No. 8892 (CCS) with Black & Veatch Corporation, in the
Councilmember Shriver amount of $4,300,000, for preconstruction services for the restoration
arrived at 6:11 p.m. project; appropriate $4,300,000 as proposed, was presented.
Mayor Katz advised he removed this item from the Consent Calendar to
February 26, 2008
obtain more detail on what services are being purchased for the proposed
amount. Staff provided additional information to questions from
Councilmembers.
Motion by Councilmember Holbrook, seconded b~Mayor Katz, to
approve recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
REFUSE & RECYCLING 1-F: Emergency purchase of refuse and recycling bins -
BINS recommendation to approve an emergency purchase of bins from
consolidated Fabricators, in the amount of $500,000; and appropriate
funds as proposed, was presented.
Councilmember Genser advised he had several questions related to the
emergency purchase and the present use of the bin inventory. Staff
responded to questions from Councilmembers.
Discussion ensued on the merits of the item before Council, on the
amount of additional information being asked of staff and on the need to
continue with the meeting in a timely manner.
Motion by Mayor Pro Tem Bloom, seconded by Councilmember
O'Connor, to approve recommendation based on the finding that the
purchase is necessary on an emergency basis for the preservation of
health.
Substitute motion by Councilmember McKeown, to approve the motion
made by Mayor Pro Tem Bloom and to agendize on a future meeting a
discussion on the process upon which both Council and staff can agree.
The motion died for lack of a second.
The main motion was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, O'Connor, Mayor
Pro Tem Bloom, Mayor Katz
NOES: Councihmember Genser, McKeown
ABSENT: None
Councilmember McKeown stated, for the record that his "no" vote
February 26, 2008
reflected disappointment that the motion did not include responsible
consideration of the underlying issues raised by Councilmember Genser
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to put an item on a future agenda to discuss the issues raised, the
process of competitive bidding and how that is imported to the Council in
emergency and non-emergency situations. The motion was approved by
voice vote, with Councilmember Shriver voting in opposition.
CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:56 p.m., to
consider closed sessions and returned at 7:31 p.m., with all members
present, to report the following.
2-A: Conference with Real Property Negotiator
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/Ocean Park Rest. Corp.
ACTION: Heard. No reportable action taken.
2-B: Conference with Legal Counsel -Existing Litigation: City 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 Litigation:
Abraham Supino v. City Of Santa Monica (and consolidated cases,
Case No. SC 080 283.
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel -Existing Litigation: Henrv
Morgan v. City Of Santa Monica, Case No. SC 089 903.
Motion by Councilmember O'Connor, seconded by Mayor Katz, to
approve Settlement No. 8893 (CCS) in the amount of $4.5 million related
to an injury suffered by a skateboarder, with approximately $900,000 to
be paid by the City and the remainder to be paid by an insurer; and
appropriating necessary funds to Account No. 56232.522.010. The
motion was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
4
February 26, 2008
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
2-E: Conference with Legal Counsel -Existing Litigation: Sara
Baer v. City Of Santa Monica, Case No. SC 091814.
Motion by Councilmember Shriver. seconded by Councilmember
O'Connor, to approved Settlement No. 8894 (CCS) in the amount of
$45,000. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
2-F: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b): 161
Ocean Park Boulevard.
ACTION: Not Heard.
2-G: 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-H: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b): 2219
Ocean Avenue.
ACTION: Heard. No reportable action taken.
2-I: Conference with Legal Counsel -Existing Litigation:
Treesavers v. City Of Santa Monica, SC Case No. BS 111 346.
ACTION: Heard. No reportable action taken.
STUDY SESSION: 3-A: Recommendation to endorse the Framework Elements for the
LUCE AND TRANSPOR- Land Use and Transportation Element Update Process, was
TATION ELEMENT presented.
Members of the public Michael Folonis, Joey Fullmer, Kent Strumpell
February 26, 2008
Jay Johnson, Gwynne Pugh, and Linda Jassin expressed various concerns ,
and spoke generally in support of the recommendation.
Motion b~Mayor Pro Tem Bloom, seconded by Councilmember
McKeown, to approve recommendation.
Motion to amend by Councilmember O'Connor, to add language
reflecting a stronger relationship to the environmental and sustainability
components and the City's solar program, and to include language for a
long-term plan for buildings becoming carbon-neutral. The motion was
accepted as friendly by the maker and seconder. The motion, as
amended, was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
ADMIN. ITEMS 6-A: Re-hearing of appeal of Landmarks Commission designation
2219 OCEAN AVENUE of property located at 2219 Ocean Avenue as a City Landmark -
APPEAL recommendation to uphold the appeal and deny the landmark designation
of the property, was presented.
Councilmember Genser stated, for the record, that his family owns a
property in the vicinity but it is beyond the 500 feet radius that would
create a conflict of interest.
Ruthann Lehrer, appellant, spoke in support of the appeal and in
opposition to the proposed project.
Kevin Kozal, representing applicant, spoke in opposition to the appeal
and in support of the project.
Members of the public Marcello Vavola, Scott Spell, Bob Sevy, Erik
Maynes, Campbell Maynes and Andrea Galvin spoke in support of the
appeal.
Mr. Kozal, representing applicant, presented a rebuttal to public
comment.
Ms. Lehrer, appellant, presented a rebuttal to public comments.
Motion by Councilmember Genser, seconded by Councilmember
6 February 26, 2008
McKeown, to deny the appeal and uphold the decision of the Landmarks
Commission based on Finding No. 1 and Finding No. 6 and dropping
criteria 4. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, McKeown,
Mayor Pro Tem Bloom, Mayor Katz
NOES: Councilmember O'Connor
ABSENT: None
Councilmember O'Connor stated, for the record, that the structure should
be a structure of merit.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2248 (CCS)
LANTANA EAST; entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
LANTANA SOUTH APPROVING AN AMENDMENT TO DEVELOPMENT
AGREEMENT NO. 8396 (CCS) BETWEEN THE CITY AND
MAGUIRE PROPERTIES - 3030 OLYMPIC, LLC, A DELAWARE
LIMITED LLABILITY COMPANY FOR LANTANA EAST"; and
second reading and adoption of Ordinance No. 2249 (CCS) entitled:
"AN ORDINANCE OF THE CITY OF SANTA MONICA APPRO-
VING AN AMENDMENT TO DEVELOPMENT AGREEMENT NO.
8397 (CCS) 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.
Motion by Councilmember Genser, seconded by Councilmember
McKeown, to adopt Ordinance No. 2248 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
Motion by Councilmember Genser. seconded by Mayor Katz, to adopt
Ordinance No. 2249 (CCS), reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
7 February 26, 2008
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
PROHIBITION OF NEW 7-B: Introduction and adoption of Interim Ordinance No. 2250
CONSTRUCTION (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA
MONICA CLARIFYING THE SCOPE OF THE PROHIBITION OF
NEW CONSTRUCTION WITHIN A FIVE HUNDRED FOOT RADNS
OF ANOTHER CONSTRUCTION PROJECT AND DECLARING THE
PRESENCE OF AN EMERGENCY," was presented.
Member of the public Joey Fullmer expressed concerns. Member of the
public Genise Schnitman spoke generally in favor of the ordinance.
Discussion ensued as to appropriate language necessary that is more
restrictive and adds an exemption for projects that have been issued a
final building permit.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to adopt the ordinance with more restrictive wording and adding
an exemption.
For the record the City Attorney advised that the language based on the
above motion would be changed as follows:
- On page 5 of the proposed ordinance, in Section 2(a) the last words of
first sentence "of another construction project subject to this section" to
be deleted.
-The proposed changes on subsections (c) and (d) would come out.
- On page 8 of the proposed ordinance at the end of the list of present
exemptions add a No. 6 to read, "Projects that have been issued a final
building permit as of the date of this ordinance."
The maker and seconder of the motion were in agreement with the record
made by the City Attorney. The motion was approved by the following
vote:
AYES: Councilmembers McKeown, O'Connor, Genser,
Holbrook, Mayor Pro Tem Bloom
NOES: Councilmember Shriver, Mayor Katz
ABSENT: None
8 February 26, 2008
STAFF ITEMS: 8-A: Annual Review of Homeless Services/panhandling education
HOMELESS REVIEW; campaign - recommendation to hold a public hearing; receive and
PANHANDLING approve the proposed Action Plan to Address Homelessness in Santa
EDUCATION Monica; and authorize the City Manager to negotiate and execute
Agreement No. 8895 (CCS) with GMMB, in the amount of $100,000, for
a city-wide panhandling education campaign, was presented.
Members of the public Rick Stoff, La Rae Bechman, Jerry Rubin, David
Busch, and Joe Natoli addressed various aspects of the proposal and
spoke generally in support of the homeless.
Motion by Councilmember Shriver. seconded by Councilmember
McKeown, to approve recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
PROPOSED BAN OF 8-B: Proposed ban oa distribution of free plastic bags for
PLASTIC BAGS commercial establishments -recommendation to direct the City
` Attorney to prepare an ordinance banning the free distribution to
customers of single use plastic carryout 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, was
presented.
The following members of the public spoke in support of the proposal:
Jerry Rubin, Benjamin Kay, Jassaman Sarvian, Janoboi Amsden, Andria
Cusano, Allen Lee Haskell, Lucas Crowley, Brian Hutchings, Suzanne
Biegel, Marcus Eriksen, Anna Cummins, Genise Schnitman, Mark Gold,
Charlotte Stevenson, Angela How, and Lee Wallack.
Motion by Councihnember McKeown, seconded by Councilmember
Genser, to approve staff recommendation amended to include in the
ordinance the option of a possible fee for paper bags, and direct staff to
return with additional information on paper bag fees. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
9 February 26, 2008
SHARED USE OF 8-C: Proposed ordinance prohibiting seeking donations from
STREET FURNITURE ON benches on 3rd Street Promenade -recommendation to direct staff to
31iD ST. PROMENADE prepare an ordinance which would help promote shared use of the street,,
furniture in the 3rd Street Promenade by prohibiting panhandling from
Councilmember Shriver was chairs and benches, was presented.
excused at 12:30 a.m.
Members of the public Jerry Rubin and Joe Natoli spoke in opposition of
the proposal.
Member of the public Kathleen Rawson spoke in support of the proposal.
Motion by Councilmember Genser, seconded by Mayor Katz, to approve
recommendation. The motion was unanimously approved by voice vote,
with Councilmember Shriver absent.
COUNCIL ITEMS: 13-A: Appointment to one unscheduled vacancy on the Pier
APPOINTMENTS Restoration Corporation Board of Directors for a term ending
November 10, 2009.
DELIVERY OF DONA-
TED FIRE ENGINE AND
SURPLUS LADDER TO
CITY OF BAYOU LA
BATRE
On order of the Mayor, this matter was continued to a future meeting.
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 a future meeting.
13-C: Request of Councilmember Holbrook that Council approve
$13,000 from the Council Contingency Fund to pay for the cost to
deliver one donated fire engine and one donated surplus ladder
truck to the City of Bayou La Batre, Alabama, was presented.
There was no one present for public comment.
Motion by Councilmember Holbrook, seconded by Councilmember
O'Connor, to approve request. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Connor, Genser,
Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember Shriver
10 February 26, 2008
COUNCIL RULES AND 13-D: Request of Councilmember Bobby Shriver, Mayor Herb Katz
PROCEDURES and Councilmember Bob Holbrook to discuss modifications of
Council Rules and procedures; time management and Council
agenda management.
On order of the Mayor, this matter was continued to March 11, 2008.
PUBLIC INPUT: Members of the public Pro Se and M. Ross discussed various concerns.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:46
a.m.
APP OVED:
Mazia M. Stewart Herb Kat
GLJ
City Clerk Mayor
11 February 26, 2008