M-031108CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 11, 2008
A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:49 p.m.,
on Tuesday, March 11, 2008, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Herb Katz
Mayor Pro Tem Richard Bloom (arrived at 9:41 p.m.)
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Bobby Shriver (arrived at 6:03 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, O'Connor, and Mayor Pro Tem Bloom
absent. Andy Agle, Director of Housing and Economic Development
Department, 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 spoke in opposition to Item 1-A.
Motion by Councilmember Genser, seconded by Councilmember
McKeown, to approve all items on the Consent Calendar as presented.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Holbrook, Mayor
Katz
NOES: None
ABSENT: Councilmembers O'Connor, Shriver, Mayor Pro Tem
Bloom
March 11, 2008
1614-1616 OCEAN AVE. 1-A: Solicitation of proposals to rehabilitate 1614-1616 Ocean
Avenue -recommendation to authorize staff to solicit proposals to
rehabilitate or reconstruct the apartment building at 1614-1616 Ocean
Avenue as affordable permanent supportive housing for very-low-
income, long-term Santa Monica homeless persons, pursuant to a long-
term lease, was approved.
2640 MAIN STREET 1-B: Lease amendment for property located at 2640 Main Street -
recommendation to authorize the City Manager to execute an amendment
to Contract No. 2304 (CCS) with Ocean Park Restaurant Corporation
regarding percentage rent payments and Farmers' Market operations at
the site, was approved.
RECESS On order of the Mayor, the regular City Council meeting recessed to
consider public comment for a concurrent Special City Council Meeting
Councilmember Shriner at 5:59 p.m., and reconvened at 6:34 p.m, with Councilmember
arrived at 6:03 p. m. O'Connor and Mayor Pro Tem Bloom absent.
CLOSED SESSIONS: Mayor Katz announced that Mayor Pro Tem Bloom would be arriving
late for the meeting and had requested to delay consideration of Item 2-F
until he arrived.
Motion by Councilmember Genser, seconded by Councilmember 4
McKeown, to delay Item 2-F until Mayor Pro Tem Bloom's arrival. The
motion was unanimously approved by voice vote, with Councilmember
O'Connor and Mayor Pro Tem Bloom absent.
On order of the Mayor, the City Council recessed at 6:34 p.m., to
consider closed sessions and reconvened at 7:42 p.m., with
Councilmember O'Connor and Mayor Pro Tem Bloom absent, to report
the following:
2-A: Conference with Real Property Negotiator
Property: 1301-33 Fourth Street, Santa Monica
City Negotiator: Andy Agle, Director, Housing and Economic
Dev.
Under Negotiation: Price and Terms
Owner of Record: Virginia Tegner Spurgin Investment Co.
ACTION: Heard. No reportable action taken.
March 11, 2008
2-B: Conference with Real Property Negotiator
Property: 1640 Fifth Street, Santa Monica
City Negotiator: Andy Agle, Director, Housing and Economic
Dev.
Under Negotiation: Price and Terms
Owner of Record: Martin H. Waldman Trust, et. at.
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel -Existing Litigation: Friends
of the Earth v. Watson, Case No. C 02 01406 (N. D. Cal.) (global
warming litigation).
ACTION: Not Heard.
2-D: Conference with Legal Counsel -Existing Litigation: Robert
Douglas Bruton v. City of Santa Monica, Case No. SC 090 047.
ACTION: Not Heard.
2-E: 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.
Marsha Moutrie, City Attorney, advised that the City received a March
7s' letter from Mr. Kurt Schaffer of the FAA detailing its proposal for
enhancing airport safety. Ms. Moutrie advised that, after reviewing the
communication, legal staff was recommending Council delay second
reading of the related ordinance listed as Item 7-A to March 25`" so that
Council and the public could hear from Mr. Schaffer personally at the
March 25~' meeting, so that the public and Council could understand,
consider and comment on the proposal, and so that there would be a full
record in the event of litigation.
Motion by Councilmember Genser. seconded by Mayor Katz, to
postpone second reading of the ordinance listed as Item 1-A, to March
25, 2008. The motion was approved by the following vote:
March 11, 2008
AYES: Councilmembers Holbrook, Shriver, Genser, McKeown,
Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor, Mayor Pro Tem Bloom
2-H: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b)(1):
Speiser/T'raveler's insurance -Claim Number - 07-4055.
ACTION: Not Heard.
STUDY SESSION: 3-A: Fire Department Staff Needs Assessment, was presented by
FIRE DEPT. NEEDS Chief Jim Hone.
ASSESSMENT
There was no one present for public comment.
On order of the Mayor, the information was received and filed.
POLICE DEPT. NEEDS 3-B: Police Department Staff Needs Assessment.
ASSESSMENT There was no one present for public comment.
On order of the Mayor, the information was received and filed.
20TH ST./CLOVERFIELD 3-C: 20`" Street and Cloverfield Boulevard Street Improvements
IMPROVEMENTS Project -recommendation that Council provide direction on the concept
design for the Street Improvements Project, was presented.
Member of the public Susan Hartley expressed concerns related to the
project and to the proposed trees to be planted.
Discussion ensued. Direction given to staff. On order of the Mayor, the
information was received and filed.
SPECIAL ITEMS: 4-A: The Mayor issued a proclamafion declaring March 2008 as
Women's History Month in the City of Santa Monica.
Member of the public Susan Hartley expressed support for the
proclamation.
Ana Maria Jara, member of the Commission on the Status of Women,
accepted the proclamation on behalf of the Commission.
March 11, 2008
ORDINANCES: 7-A: Second reading and adoption of an ordinance adding Section
10.04.06.220 to the Municipal Code conforming the use of Santa
Monica Municipal Airport to its federally designated specification of
ARC B-II, for public safety purposes including the safety of
residents living immediately adjacent to the airport runway ends and
those individuals using and working at the airport.
On order of the Mayor, and by virtue of the vote taken on closed session
item 2-G, this matter was continued to March 25, 2008.
STATE DENSITY BONUS 7-B: Introduction and first reading of an interim ordinance
extending, with modifications and clarifications, Interim Ordinance
No. 2180 (CCS) modifying the City's density bonus and affordable
housing incentives in accordance with State Density Bonus Law, was
presented.
There was no one present for public comment.
Motion by Councilmember Genser. seconded by Councilmember
McKeown, to introduce ordinance, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Shriver, Holbrook,
Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor, Mayor Pro Tem Bloom
BOOTLEGGED RENTAL 7-C: Introduction and first reading of an ordinance adding Section
UNITS 9.04.18.075 to the Municipal Code to waive certain development
standards for rental units which were built or created without
permits and registered with the Santa Monica Rent Control Board,
was presented.
There was no one present for public comment.
Motion by Councilmember Genser. seconded by Mayor Katz, to
introduce ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Shriver, Holbrook,
Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor, Mayor Pro Tem Bloom
March 11, 2008
ALCOHOL CUP'S 7-D: Introduction and first reading of an ordinance amending
Section 9.04.10.18.020 of the Municipal Code to clarify that business
establishments with alcohol conditional use permits must obtain new
alcohol conditional use permits if the establishment ceases operating
for a period in excess of one year, or in excess of six months in the
CM District, was presented.
There was no one present for public comment.
Motion by Councilmember Genser, seconded by Mayor Katz, to
introduce ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Genser, Shriver, Holbrook,
Mayor Katz
NOES: None
ABSENT: Councihnember O'Connor, Mayor Pro Tem Bloom
PERMITTED USES ON 7-E: Introduction and first reading of ordinance amending Section
RIGHT-OF-WAY 9.04.10.02.340 of the Municipal Code to authorize the placement of
furniture, portable landscaping, and cigarette disposal receptacles
Mayor Katz was excused within the public right-of--way and the display of merchandise in
at 9:32 p. m. private vestibules, was presented.
There was no one present for public comment.
Sr. Land Use Attorney Barry Rosenbaum advised that a provision
inadvertently retained and listed as Section D on page 6 of the ordinance,
related to cigarette refuse receptacles, is to be deleted because the
Smoking Ordinance makes a provision for the same.
Motion by Councilmember Holbrook, seconded by Mayor Katz, to
introduce ordinance for first reading, deleting Section D on page 6 of the
ordinance, reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, McKeown
NOES: None
ABSENT: Councilmember O'Connor, Mayor Pro Tem Bloom,
Mayor Katz
6 March 11, 2008
CONSTRUCTION RATE 7-F: Introduction and first reading of an interim ordinance
extending an initial interim ordinance clarifying that only one new
Mayor Katz returned multi-family construction project is allowed within a five hundred
at 9:38 p.m. foot radius in the City's multi-family residential districts, was
presented.
Mayor Pro Tem Bloom There was no one present for public comment.
arrived at 9.•41 p. m.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to introduce the ordinance amended to include wording that an
exempt project that has the same effects on a neighborhood as any other
piece of construction should prevent a subsequent project from taking
place; changing the expiration date of the ordinance to after December
31, 2008, and directing staff to return with a report to Council by
September 2008 from the City's new Building Official with information
on other cities' practices. The motion was approved by the following
vote:
AYES: Councilmembers McKeown, Genser, Shriver, Holbrook,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councihnember O'Connor
STAFF ITEMS: On order of the Mayor, the City Council recessed at 9:50 p.m., to a joint
SPECIAL JOINT meeting with the Redevelopment Agency.
MEETING WITH THE
REDEVELOPMENT 8-A: Parking Structures 7 and 8 proposed fagade improvement;
AGENCY conversion to attendant parking -recommendation that the
Redevelopment Agency direct staff to implement changes necessary to
convert the parking structures to attendant parking, and authorize valet
parking; provide direction on proposed fagade improvement designs;
direct staff to prepare Agreement No. 8900 (RAS/CCS) assigning
responsibility of leasing and management of proposed pedestrian oriented
retail uses to Macerich; direct staff to negotiate terms with Macerich for
construction of proposed parking attendant and fagade improvements;
and provide direction on desired timing of proposed streetscape
improvements on Colorado Avenue. Recommendation that City Council
authorize the City Manager to negotiate and execute an amendment to
Contract No. 8551 (CCS) with Pugh & Scarpa, in the amount of
$240,000, for the completion of schematic design services and related
work, was presented.
There was no one present for public comment.
March 11, 2008
Motion by A¢ency Member Genser, seconded by Chair Katz, to approve
the Redevelopment Agency recommendation, amended to direct staff to
ensure the uses and the lease spaces on the ground floors of the parking
structures are proper; that the Architectural Review Board pay particulaz
attention to the massing and solaz panel structures and consider moving
them in-board to lessen the perceived mass; and, to also consider having
a small strip of landscaping adjacent to the structure where there are no
retail or display uses along Colorado Avenue. The motion was approved
by the following vote:
AYES: Agency Members McKeown, Genser, Shriver, Holbrook,
Chair Pro Tem Bloom, Chair Katz
NOES: None
ABSENT: Agency Member O'Connor
Motion by Councilmember Genser, seconded by Mayor Katz to consider
the comments made by the Bayside District that various structures need
to work together as a system, aesthetically and in terms of quality, and in
a proper way to report to Council to assure the issue is considered as
Council moves forward with other structures. The motion was
unanimously approved by voice vote, with Councilmember O'Connor
absent.
Motion b~yor Katz, seconded by Councilmember Genser, to
authorize the City Manager to negotiate and execute a contract with Pugh
& Scarpa. 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
ADJOURNMENT OF On order of the Mayor, the Special Joint Meeting was adjourned and the
JOINT MEETING City Council recessed to consider the following closed session at 10:19
p.m.
CLOSED SESSION: 2-F: Conference with Legal Counsel -Existing Litigation: Ci of
Santa Monica v. Baron & Budd, P. C., Case No. BC 315 186.
On order of the Mayor, the City Council reconvened at 11:00 p.m., with
Councilmember O'Connor absent, to take the following action:
March 11, 2008
Motion by Mayor Pro Tem Bloom. seconded by Councilmember
Holbrook, to settle the above case about contingency fees in the amount
of $55 million, a 22% contingency on the recovery from the oil
companies in the MTBE litigation, payable to the defendants Baron &
Budd, and authorize the City Manager to execute Settlement Contract
No. 8899 (CCS) and any related documents. The motion was approved
by the following vote:
AYES: Councilmembers McKeown, Genser, Shriver, Holbrook,
Mayor Pro Tem, Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor
BICKNELL "GREEN 8-B: Concept Design, modification of Professional Services
STREET" PROJECT Agreement for the Bicknell Avenue "Green Street" Project -
recommendation that Council review the concept design options and
Councilmembers Holbrook provide input on the development of a preferred concept design option;
and Shriver were excused authorize the City Manager to negotiate and execute a modification to the
at 11:10 p. m. professional services agreement with Kimley-Horn and Associates, Inc.,
in the amount of $106,000, for design services of the Project; and
appropriate $106,000 from the Stormwater fund balance for the
professional services agreement with Kimley-Horn and Associates, was
presented.
There was no one present for public comment.
The Mayor advised that because an appropriation of funds was being
recommended, and because an appropriation requires a minimum of five
votes from the Council, and there being only four Councilmembers
present, this matter was continued to March 25, 2008.
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.
On order of the Mayor, this matter was continued to March 25, 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, the floor was opened for nominations.
March 11, 2008
Councilmember Genser nominated John R. Ellis. There being no other _ _
nominations, Mr. Ellis was appointed by acclamation, with
Councilmembers Shriver, Holbrook and O'Connor absent.
COUNCIL RULES 13-C: Request of Councilmember Bobby Shriver, Mayor Herb Katz
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 25, 2008.
CURB-SIDE CHARGING -13-D: Request of Mayor Katz and Councihnember McKeown to
ELECTRIC VEHICLES direct staff to investigate appropriate curb-side charging options for
electric vehicles, including chargers in residential neighborhoods
installed at property-owner expense; and to return to Council with
suggested ordinance amendments to allow such installations, was
presented.
There was no one for public comment.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to approve request. The motion was unanimously approved by
voice vote, with Councilmembers O'Connor, Holbrook, and Shriver
absent.
DISABILITIES 13-E: Appointment to one unscheduled vacancy on the Disabilities
COMMISSION Commission for a term ending June 30, 2010.
On order of the Mayor, this matter was continued to March 25, 2008.
PROPOSITION 98 13-F: Request of Councilmember Genser that the council direct the
City Attorney to prepare an impartial analysis of the effects on the
City of Proposition 98 on the June statewide ballot, was presented.
There was no one for public comment.
Motion by Councilmember Genser, seconded by Councilmember
McKeown, to approve request. The motion was unanimously approved
by voice vote, with Councilmembers O'Connor, Holbrook, and Shriver
absent.
SAVE OUR STATE PARKS 13-G: Request by Councilmember Shriver that Council adopt a
resolution supporting the "Save Our State Parks" Campaign and
urging rejection of proposed State Parks budget cuts.
10 March 11, 2008
On order of the Mayor, this matter was continued to March 25, 2008.
PUBLIC INPUT:
ADJOURNMENT:
Members of the public M. Ross and Art Casillas expressed various
concerns.
On order of the Mayor, the City Council meeting was adjourned at 11:44
p.m., in memory of Jack Barker, Charlotte Tarbet, Tulio Filipone, and
Margo Alnfcin
ATTEST:
Maria M.
City Clerk
11
Mayor
March 11, 2008