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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