M-051308CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 13, 2008
A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:49 p.m., on
Tuesday, May 13, 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 6:35 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
all members present. Councilmember Ken Genser 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.
Members of the public Joey Fullmer, Pro Se, Brian Hutchings, Kristina
Andresen and Daniel Jansenson commented on various Consent Calendar
items.
At the request of Councilmember McKeown, Item 1-G was removed
from the Consent Calendar.
Motion by Councilmember Genser, seconded by Councilmember
Holbrook, to approve the Consent Calendar with the exception of Item 1-
G, reading resolutions by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, McKeown, Mayor
May 13, 2008
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers O'Connor, Shriver
MINUTES 1-A: The minutes of the Apri18, Apri122, and Apri129, 2008, City
Council meetings were approved as submitted.
HYBRID VEHICLES 1-B: Purchase of Hybrid Sport Utility Vehicles -recommendation to
award Bid No. 2943 to Toyota of Santa Monica, in the amount of
$111,504, to furnish and deliver three sport utility vehicles, was
approved.
FICUS TREES ON 2"~H 1-C: The Statement of Official Action denying appeals of the
AND 4TH STREETS Landmarks Commission denial of Landmark Applications for the
ficus trees on 2nd and 4th Streets, was approved.
2642°d STREET 1-D: The Statement of Official Action denying appeal of
Landmarks Commission approval of Certificate of Appropriateness
application for the property at 2642 2nd Street, was approved.
PROJECT MGMT. 1-E: Project management services for various capital improvement
SERVICES projects - recommendation to authorize the City Manager to negotiate
and execute Agreement No. 8924 (CCS) with Wildan Group, in the
amount of $189,500, to provide temporary project management services
to various CIP projects; and, authorize the proposed budget changes, was
approved.
LEGISLATION SUPPORT 1-F: Support for transportation infrastructure legislation -
recommendation to confirm support for transportation infrastructure
legislation proposed by Assembly Member Mike Feuer that creates new
financing tools to fund needed transportation projects, and direct staff to
advocate for their passage, was approved.
LOCATION FOR 1-G: Location and operation of the Museum of Flying -
MUSEUM OF FLYING recommendation to designate 3090/3100 Airport Avenue as the new
location for the Museum of Flying; and, authorize the City Manager to
negotiate and execute Lease Agreement No. 8925 (CCS) with the
Museum of Flying for its operation, was presented.
Councilmember McKeown advised he removed this item from the
Consent Calendar to comment that since his concern about the
displacement of artists currently at the airport had been addressed by
staff, he was ready to approve the item.
May 13, 2008
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to approve recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Genser, Holbrook, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers O'Connor, Shriver
RECESS TO SPECIAL On order of the Mayor, the regular City Council meeting was recessed at
JOINT MEETING 6:07 p.m., to a joint meeting with the Redevelopment Agency with
Councilmembers O'Connor and Shriver absent.
PROPERTY-BASED
ASSESSMENT DISTRICT 1-H: Property-based Assessment District (PBAD) in Downtown
Santa Monica -recommendation that Council accept petitions submitted
in favor of a PBAD representing more than 40% of the proposed
assessments from property owners in proposed District; adopt a
resolution of intention to consider establishment of the PBAD, set a
public hearing for July 8, 2008, accept the Engineer's Report, and
authorize the mailing of ballots to the property owners within the District.
Recommendation that the Redevelopment Agency and the City Council
authorize the Executive Director and the City Manager, respectively, to
cast appropriate ballots in support of the District, was presented.
Member of the public Joey Fullmer commented on various aspects of the
proposal.
Motion by Councilmember Genser. seconded by Councilmember
McKeown, to accept petitions submitted in favor of a PBAD representing
more than 40% of the proposed assessments from property owners in
proposed District; adopt Resolution No. 10285 (CCS) entitled: "A
RESOLUTION OF INTENTION OF THE CITY OF SANTA MONICA
TO CONSIDER ESTABLISHMENT OF THE PBAD, SET A PUBLIC
HEARING FOR JULY 8, 2008, ACCEPT THE ENGINEER'S REPORT,
AND AUTHORIZE THE MAILING OF BALLOTS TO THE
PROPERTY OWNERS WITHIN THE DISTRICT." The motion was
approved by the following vote:
AYES: Councilmembers McKeown, Genser, Holbrook, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers Shriver, O'Connor
May 13, 2008
Motion by Aeency/Councilmember Genser. seconded by Mayor/Chair
Katz, to authorize the Executive Director and the City Manager,
respectively, to cast appropriate ballots in support of the District. The
motion was approved by the following vote:
AYES: Agency/Councilmembers Holbrook, Genser, McKeown,
Chair/Mayor Pro Tem Bloom, Chair/Mayor Katz
NOES: None
ABSENT: Agency/Councihnembers O'Connor, Shriver
ADJOURNMENT OF On order of the Mayor, the special joint meeting was adjourned at 6:13
SPECIAL JOINT MEETING p.m., and the regular Council meeting was reconvened, with
Councilmembers O'Connor and Shriver absent.
CLOSED SESSIONS: Member of the public Brian Hutchings commented on the litigation
matter related to Treesavers.
Councilmember Shriven
arrived at 6: 35 p. m. On order of the Mayor, the City Council recessed at 6:15 p.m., to
consider closed sessions and returned at 7:40 p.m., with Councilmember
O'Connor absent, to report the following action taken:
2-A: Conference with Real Property Negotiator
Property: 1701 - 25 Ocean Avenue, Santa Monica
City Negotiator: Andy Agle, Director,
Housing and Economic Development
Under Negotiation: Price and Terms
Owner of Record: Santa Monica Redevelopment Agency
ACTION: Heard; no reportable action taken.
2-B: Threat to Security of Public Facility
Consultation with: Police Chief
ACTION: Heard; no reportable action taken.
2-C: Anficipated Litigation: Anticipate significant exposure to
litigation Pursuant to Government Code Section 54956.9(b): 161
Ocean Park Boulevard.
ACTION: Not heard.
2-D: Anticipated Litigation: Anticipate significant exposure to
litigation Pursuant to Government Code Section 54956.9(b): 2300
Wilshire Boulevard.
4 May 13, 2008
ACTION: Heard; no reportable action taken.
2-E: 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: Not heard.
2-F: Conference with Legal Counsel -Existing Litigation: United
States of America and Peters v. City of Santa Monica, USDC, Case
No. CV08-02695 CW(Ex)
ACTION: Heard; no reportable action taken.
2-G: Conference with Legal Counsel -Existing Litigation:
Treesavers v. City Of Santa Monica, SC Case No. BS 111 346.
ACTION: Heard; no reportable action taken.
INSPIRATION: Presentation of poem by Annie Griffin from St. Monica High School,
for the California Poetry Out Loud contest.
Ms. Griffin provided inspiration by reading a poem out loud.
STUDY SESSION: 3-A: Homeless Update Report.
Members of the public Jane Murrow, Joey Fullmer, Felix Garcia and
Jerry Rubin expressed concerns and commented on the subject of
panhandling.
SPECIAL ITEMS: 4-A: The Mayor issued a proclamation declaring May 2008 as
Mental Health Month in the City of Santa Monica.
ORDINANCES: 7-A: Adoption of Resolution No. 10286 (CCS) entitled: "A
CIVIC CENTER RESOLUTION OF THE CITY OF SANTA MONICA TO AMEND
VILLAGE -HOUSING THE LAND USE ELEMENT TO ALLOW NEIGHBORHOOD
DEVELOPMENT SERVING USES IN THE CIVIC CENTER AREA"; Adoption of
Resolution No. 10287 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA TO AMEND THE CIVIC CENTER
SPECIFIC PLAN RELATED TO THE PROPOSED HOUSING
DEVELOPMENT"; and, introduction and first reading of an
ordinance of the City of Santa Monica amending the Zoning
Ordinance to allow neighborhood serving uses in the Civic Center
Area and approving the Development Agreement between the City of
May 13, 2008
Santa Monica and related/ Santa Monica Village, LLC for the mixed
use project known as The Village at Santa Monica, was presented.
Members of the public Joan Ling, Jerry Rubin, Margaret Mills, Patricia
Hoffman, Jason Parry, Paul De Santis, and Gensee Schnitman spoke
generally in favor of the project.
Member of the public Arthur Harris spoke in opposition to the project.
Motion by Councilmember McKeown, seconded by Mavor Pro Tem
Bloom, to adopt Resolution No. 10286 (CCS) to amend the Land Use
Element to allow for amixed-use, urban neighborhood in the Civic
Center Village Special Use District, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Genser, McKeown, Mayor Pro Tem
Bloom, Mayor Katz
NOES: Councilmember Shriver
ABSTAIN: Councilmember Holbrook
ABSENT: Councilmember O'Connor
Councihnember Shriver stated, for the record, that he voted "no" because
it is too big a project and will create many problems in spite of the hard
efforts of the design team and the developer.
Motion by Councilmember McKeown, seconded by Mavor Pro Tem
Bloom, to adopt Resolution No. 10287 (CCS) to amend the Civic Center
Specific Plan related to the proposed housing development, with the
corrections set forth on the errata sheet, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Genser, McKeown, Mayor Pro Tem
Bloom, Mayor Katz
NOES: Councihnember Shriver
ABSTAIN: Councilmember Holbrook
ABSENT: Councilmember O'Connor
Motion by Councilmember McKeown, seconded by Mavor Pro Tem
Bloom, to introduce the ordinance for first reading, and approve develop-
ment agreement as corrected on the errata sheet, reading by title only and
waiving further reading thereof; and directing staff to communicate to the
Architectural Review Board to pay particular attention to the color palette
of Site B and ensure that the first court alley is as hospitable as possible.
The motion was approved by the following vote:
6 May 13, 2008
AYES: Councilmembers Genser, McKeown, Mayor Pro Tem
Bloom, Mayor Katz
NOES: Councilmember Shriver
ABSTAIN: Councilmember Holbrook
ABSENT: Councilmember O'Connor
FARMERS MARKET - 7-B: Introduction and first reading of an ordinance modifying
INCIDENTAL SALES Municipal Code Section 9.04.08.28.040 to permit the incidental sale
of merchandise at the Main Street Farmers Market by individual
businesses in the CM Main Street Commercial District, was
presented.
There was no one present for public comment.
Motion by Councilmember Genser, seconded by Councilmember
McKeown, to introduce the ordinance for first reading, reading by title
only and waiving further reading thereof. The motion was approved by
the following vote:
AYES: Councilmembers Holbrook, Shriver, Genser, McKeown,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor
AUTOMOBILE 7-C: Introduction and first reading of an interim ordinance
DEALERSHIPS extending the interim ordinances modifying zoning regulations
pertaining to automobile dealerships, associated automobile parking
structures and automobile storage lots, including allowing
development of automobile parking structures and automobile
storage facilities associated with an adjacent dealership on certain
residentially zoned sites, establishing development standards, design
standards, review processes and operational standards, authorizing
automobile dealerships in the Ml District, adjusting the F.A.R.
calculation methodology, authorizing employee parking on existing
inventory lots in the BCD Zoning District and modifying the
temporary use permit provisions for dealerships, until August 8,
2010, was presented.
There was no one present for public comment.
Motion by Councilmember Genser. seconded by Councilmember
McKeown, to introduce the ordinance for first reading, waiving further
reading thereof. The motion was approved by the following vote:
May 13, 2008
AYES: Councilmembers McKeown, Genser, Shriver, Holbrook,
Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmember O'Connor
MASSAGE 7-D: Introduction and first reading of an ordinance amending
REGULATIONS Municipal Code Chapter 6.104 to clarify and update the City's
massage regulations to better conform them to community needs and
current case law.
There was no one present for public comment.
Motion by Councilmember Genser, seconded by Mayor Katz, to
introduce the ordinance amended to exempt Occupational Therapists,
reading by title only and waiving further reading thereof. 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
STAFF ITEMS: 8-A: Five-Year rate schedules for water and wastewater -
INCREASE OF WATER recommendation that Council approve afive-year plan to increase water
AND WASTEWATER and wastewater rates; a revision of the rate structure for both water and
RATES wastewater to a commodity-only structure to promote water efficiency
and conservation; a discounted low income customer wastewater rate for
usage; enhanced funding levels for capital, operating, and rate
stabilization reserve funds; adopt Resolution No. 10288 (CCS) entitled:
"A RESOLUTION OF THE CITY OF SANTA MONICA SETTING A
PUBLIC HEARING ON JULY 8, 2008 TO HEAR ANY PROTESTS
OR OBJECTIONS TO THE PROPOSED INCREASES FOR WATER
AND WASTEWATER RATE INCREASES," was presented.
There was no one present for public comment.
Motion by Mayor Katz, seconded b~yor Pro Tem Bloom, to approve
staff recommendation and to direct staff to return with an analysis of the
low income provisions. 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
May 13, 2008
PUBLIC HEARINGS: 9-A: Proposed FY 2008-09 One-Year Action Plan allocation
CDBG AND HOME federal CDBG and HOME funds -recommendation to approve the
FUNDS proposed One-Year Action Plan; authorize staff to submit required
documents to receive CDBG and HOME entitlement grant funds, was
presented.
There was no one present for public comment.
Motion by Councilmember Genser, seconded by Councilmember
McKeown, to approve recommendation. 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
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 the next regular
meeting.
ARB VACANCY 13-B: Appointment to one unscheduled vacancy on the
Architectural Review Board for a term ending June 30, 2010.
On order of the Mayor, the floor was opened for nominations.
Mayor Katz nominated Meagan Winning. Ms. Winning was appointed by
the following vote:
AYES: Councilmembers Holbrook, Shriver Mayor Pro Tem
Bloom, Mayor Katz
NOES: None
ABSTAIN: Councilmembers Genser, McKeown
ABSENT: Councilmember O'Connor
SUPPORT FOR AB811 13-C: Request of Councilmember Holbrook to support AB 811
(Levine and Beall), to assist in financing the upfront costs of solar
power and other energy improvements through a public improve-
ment assessment program, by authorizing cities and counties to
provide low interest loans to free and willing property owners with
repayments added to their annual property taxes bills, was presented.
May 13, 2008
Member of the public Brian Hutchings commented on the request.
Discussion ensued on the merits of the request and the particulars and the
possible impacts of the bill.
Motion by Mayor Pro Tem Bloom, seconded by Councilmember Genser,
to continue this matter to May 27, 2008, to provide additional time to
staff to present more information. The motion was unanimously
approved by voice vote, with Councilmember O'Connor absent.
PROPOSED STATE 13-D: Request of Councihnember Genser and Mayor Pro Tem
BUDGET CUTS Bloom that the Council adopt Resolution No. 10289 (CCS) entitled:
TO EDUCATION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA OPPOSING THE PROPOSED 2008-09
CALIFORNIA STATE BUDGET," was presented.
There was no one present for public comment.
Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom,
to adopt the resolution, reading by title only and waiving further reading
thereof. 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
PUBLIC INPUT: Members of the public Pro Se M. Ross and Brian Hutchings commented
on various issues.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:07
p.m., in memory of Clara Carriere, Sterling Tisha Smith-Hurks, Harlan
Hahn, the victims of the recent China earthquake, and the victims of the
floods in Myanmar.
~TTES~`
Maria M. Stewa~~
City Clerk
_._.., „_
10 May 13, 2008