M-111108CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 11, 2008
A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:45 p.m., on
Tuesday, November 11, 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 (arrived at 5:50 p.m.)
Councilmember Bobby Shriver (arrived at 6:00 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 5:45 p.m., with
Councilmembers O'Connor and Shriver absent. Mayor Katz 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 commented on vazious Consent
Calendar items.
At the request of Councilmember McKeown, Item 1-E was removed
from the Consent Calendar.
Motion by Councilmember Genser. seconded by Councilmember
McKeown, to approve all items on the Consent Calendar as presented
except Item 1-E, reading resolutions by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, McKeown, Mayor
November 11, 2008
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers O'Connor, Shriver
MINUTES 1-A: The minutes of the October 28, 2008, City Council meeting were
approved as submitted.
1920 MONTANA AVE. 1-B: Resolution No. 10355 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA approving Final Tract Map No.
068538 for a six unit project at 1920 Montana Avenue," was adopted.
TRAFFIC SIGNAL 1-C: Purchase of traffic signal controllers -recommendation to
CONTROLLERS authorize the City Manager to negotiate and execute Contract No. 8999
(CCS) with Siemens TS, in the amount of $151,500 for the purchase of
86 Mode12070 traffic signal controllers, was approved.
CUSTODIAL SERVICES 1-D: Extension of custodial services agreement for the Public
AGREEMENT Safety Facility -recommendation to approve an additional extension to
the existing custodial services agreement with L.A. Cha, in the amount of
$200,000, was approved.
STREET AND PARK 1-F: Street and Park Lighting Project -recommendation to
LIGHTING PROJECT authorize the City Manager to negotiate and execute Contract No. 9000
(CCS) with C.T. &F, in the amount of $1,237,825 for construction of the
project, was approved.
ANNENBERG BEACH 1-G: Annenberg Beach House construction contract amendment -
HOUSE recommendation to authorize the City Manager to negotiate and execute
an amendment to Contract No. 8652 (CCS) with Midwest Environmental
Control, in the amount of $390,000 for a total of $2,360,513, for
remediation of soil fill material; and, to negotiate and execute an
amendment to Contract No. 8701 (CCS) with Smith-Emery Company, in
the amount of $49,500 for a total of $197,570, for deputy inspection and
materials testing services, was approved.
DC-3 MONUMENT' 1-H: Use of City Seal for DC-3 Monument -recommendation to
authorize the use of the Seal of the City of Santa Monica on the DC-3
Monument at the City Airport, was approved.
DONATION OF TRAFFIC 1-E: Recommendation to approve donation of one used Interceptor
SCOOTER Traffic Scooter to the Santa Monica High School Baseball
Team/Athletic Department, was presented.
2 November 11, 2008
Councilmember McKeown Councilmember McKeown advised he removed this item from the
was excused at 5:49 p. m. Consent Calendar because a conflict of interest he has with the matter
due to his employment by the School District.
Motion by Councilmember Genser, seconded by Mayor Katz, to approve
recommendation. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, Mayor Pro Tem
Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers O'Connor, Shriver, McKeown
CLOSED SESSIONS: Member of the public Pro Se commented on information available
relative to closed sessions.
Councilmember O'Connor
arrived at 5: 50 p. m. On order of the Mayor, the City Council recessed at 5:50 p.m., to
consider closed sessions and reconvened at 7:25, with all members
Councilmember McKeown present, to report the following:
returned at S: 50 p. m.
2-A: Conference with Real Property Negotiators.
Councilmember Shriver Property: 1654 19'h Street
arrived at 5:55 p. m. City Negotiator: Andy Agle, Dir. Housing and
Economic Development
Under Negotiation: Interest in Real Property
Owner of Record: Guntram & Liane Ossa Trust
ACTION: Heard. No reportable action taken.
2-B: Conference with Real Property Negotiators.
Property: 1776 Main Street
1700 Ocean Avenue
City Negotiator: Andy Agle, Dir. Housing and Economic
Development
Under Negotiation: Interest in Real Property
Owner of Record: Rand Corporation
ACTION: Heazd. No reportable action taken.
2-C: Conference with l
Property:
City Negotiator:
Under Negotiation.
Owner of Record:
Leal Property Negotiators.
1640 Fifth Street
Andy Agle, Dir. Housing and Economic
Development
Interest in Real Property
Waldman Family Trust, et. al.
3 November 11, 2008
ACTION: Not Heard.
2-D: Conference with Real Property Negotiators.
Property: 1224 4`h Street
City Negotiator: Andy Agle, Dir. Housing and Economic
Development
Under Negotiation: Interest in Real Property
Owner of Record: Santa Monica Bay Woman's Club
ACTION: Not Heard.
2-E: Conference with Real Property Negotiators.
Property: 1320 Fourth Street
City Negotiator:
Under Negotiation:
Owner of Record:
ACTION: Not Heard.
Andy Agle, Dir. Housing and Economic
Development
Interest in Real Property
Santa Monica Redevelopment Agency
2-F: 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-G: 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-H: Conference with Legal Counsel -Existing Litigation: Smilev
v. City of Santa Monica, Case No. BC394492.
ACTION: Not Heard.
2-I: Conference with Legal Counsel -Existing Litigation: Larry
Gulihur v. City of Santa Monica, Superior Court Case Number SC
095055.
ACTION: Not Heard.
4 November 11, 2008
2-J: Anticipated Litigation: Anticipate significant exposure to
litigation Pursuant to Government Code Section 54956.9(b): 161
Ocean Park Boulevard.
ACTION: Heard. No reportable action taken.
2-K: Anticipated Litigation: Anticipate significant exposure to
litigation Pursuant to Government Code Section 54956.9(b): 2300
Wilshire.
The City Attorney briefed Council on a proposed settlement.
Motion by Councilmember O'Connor, seconded by Mayor Kati to
approve proposed Settlement No. 9001 (CCS) as follows: Application
for a redesign mixed use project filed in August 2008 will be processed
and reviewed in accordance with the development standards in effect on
November 30, 2006, except as otherwise authorized by the Government
Code. The City will not apply the development standards established by
Ordinance No. 2207 (CCS). Prior to review of the project by the
Planning Commission the applicant would modify the project design to
break up the building mass along Wilshire, provide additional variability
of roof heights along Wilshire, and address the south elevation transition
from the adjacent residences across the alley. City staff will also
carefully review the design and operational aspects of the project at the
rear alley. The Planning Commission and City Council would retain
their standard discretion to review the revised project in accordance with
the development standards and other code requirements applicable to the
original projects. And, should the project be approved, the applicant
would agree to certain specified operational conditions intended to
minimize adverse impacts. The motion was approved by the following
vote:
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
Mayor Pro Tem Bloom, Mayor Katz
NOES: Councilmember McKeown
ABSENT: None
2-L: Conference with Legal Counsel -Existing Litigation -
NMBroadway Studios, LLC v. City of Santa Monica, Case No. BS
110077; Lincoln Studios, LLC v. City of Santa Monica, Case No. BS
110078; Nebraska Studios. LLC v of Santa Monica, Case No. BS
110079.
ACTION: Not Heard.
November 11, 2008
2-M: Initiation of litigation pursuant to subdivision (c) of Section
54956.9:.two cases.
ACTION: Not Heard.
STUDY SESSION: 3-A: Report on status of dispute with the FAA and the alternative
AIRPORT/FAA of enhancing airport runway safety through the use of the EMAS
DISPUTE technology, and request for direction to staff relative to the required
mediation with the FAA, was presented.
The following members of the public expressed airport-related safety
concerns and provided suggestions and ideas for the required mediation:
Jeanne Laurie, Zina Josephs, Peter Donald, Ping Ho, Brian Bland, Susan
Hartley, Stephen Mark, Cathy Larson, Lloyd Saunders, Jim Donaldson,
Stephanie Body, Elizabeth Hanna, Martin Rubin and Jerry Rubin.
Staff and legal counsel answered questions from Councilmembers.
Considerable discussion ensued on points presented by staff, on
comments made by members of the public and on the process and
timeline for the mediation.
On order of the Mayor, the information was received and filed.
ORDINANCES: 7-A Second reading and adoption of Ordinance No. 2277 (CCS)
TOBACCO RETAILER entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
LICENSING PROGRAM ADDING CHAPTER 4.45 TO THE MUNICIPAL CODE TO CREATE
A TOBACCO RETAILER LICENSING PROGRAM", was presented.
Motion by Councilmember McKeown, seconded by Councilmember
Holbrook, to adopt ordinance, reading by title only and waiving further
reading thereof. 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
SUBSTANTIAL 7-B: Introduction and first reading of an ordinance amending
REMODELS Municipal Code Sections 9.04.02.030.825 and 9.04.20.34.030 and
adding 9.04.18.085 to modify the threshold at which a structure is
determined to be substantially remodeled and establishing the
procedures for exceptions and adjustments in specified
circumstances, was presented.
November 11, 2008
There was no one present for public comment.
Motion by Councilmember Censer. seconded by Councilmember
Holbrook, 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, Censer, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
MULTI-FAMILY 7-C: Introduction and first reading of an interim ordinance
CONSTRUCTION extending interim Ordinance Nos. 2250 and 2256 (CCS) clarifying
PROJECTS LIMIT that only one new multi-family construction project is allowed within
a 500-foot radius in the City's multi-family residential districts and
modifying these interim ordinances to establish the maximum length
of time that projects subject to the construction rate program can be
delayed, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Mayor Kati to
introduce ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Shriver, Censer, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
STAFF ITEMS: 8-A: Report on Transportation Impact Fee -recommendation to
TRANSPORTATION review information presented and direct staff as needed, was presented.
IMPACT FEE
Members of the public Pro Se, Zina Josephs and Sherrill Kushner spoke
in support of additional related information.
Motion b~vor Pro Tem Bloom, seconded b~yor Kati to receive
and file report. The motion was unanimously approved by voice vote
with all members present.
7 November 11, 2008
EXCHANGE OF CITY- 8-B: Exchange of City-owned property at 1920 Ocean Way and
OWNED PROPERTY AT solicitation of residential development proposals for 1828 Ocean
1920 OCEAN WAY Avenue -recommendation to authorize staff to proceed with specific
tasks related with the proposed exchange of city-owned property at 1920
Ocean Way including entering into exclusive negotiations with the
Neptune Walk LLC and Edward Thomas Companies, and soliciting
development proposals for the proposed 1828 Ocean Avenue exchange
property site, was presented.
Member of the public Barbara Dehne commented on the process
followed by staff to arrive at the recommendation.
Motion by Mayor Pro Tem Bloom, seconded by Mayor Kati to approve
staff 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
PUBLIC HEARINGS: 9-A: Public Hearing for Street Light Assessment District -
STREET LIGHT recommendation to hold a public hearing and receive public comment on
ASSESSMENT DISTRICT the formation of assessment districts for installation of new street lights
on 15th Street (from Alta to Montana Avenues) and on Urban Avenue
(from Yorkshire to Dorchester Avenues); close the public hearing and
continue to November 25, 2008, for adoption of the canvass of the
election, was presented.
The public hearing was opened. There being no one present for public
comment, the public hearing was closed.
Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom,
to approve staff 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
November 11, 2008
GENERAL PLAN 9-B: Public Hearing to adopt a Negative Declaration and adopt the
HOUSING ELEMENT 2008-2014 General Plan Housing Element - recommendation to hold a
public hearing, receive public comment, adopt Resolution No. 10356
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA ADOPTING THE INITIAL STUDY/NEGATIVE DECLA-
RATION IN COMPLIANCE WITH THE CALIFORNIA ENVIRON-
MENTAL QUALITY ACT"; and adopt Resolution 10357 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
ADOPTING THE PROPOSED 2008-2014 GENERAL PLAN
HOUSING ELEMENT AS REVISED," was presented.
Member of the public Catherine Eldridge commented on the proposed
recommendation.
Motion by Councilmember McKeown. seconded by Councilmember
Genser, to adopt Resolution No. 10356 (CCS), reading by title only and
waiving further reading thereof. 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
Motion by Councilmember McKeown, seconded by Mayor Katz, to
adopt Resolution No. 10356 (CCS), reading by title only and waiving
further reading thereof. 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
COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions for terms
APPOINTMENTS ending June 30, 2008.
Board/Commission No. of Appts. Term EndinE
Architectural Review Board 1 6/30/2012
On order of the Mayor, appointment to the Architectural Review Board
was continued to November 25, 2008.
9 November 11, 2008
Arts Commission
6/30/2012
On order of the Mayor, the floor was opened for nominations to the Arts
Commission.
Councilmember McKeown nominated Robin Mitchell.
Councilmember O'Connor nominated Walter John Meyer.
Councilmember Holbrook nominated George Minardos.
The nominations failed by the following vote:
Mitchell: Councilmembers Genser, McKeown
Minardos: Councilmember Holbrook
Meyer: Councilmembers O'Connor, Mayor Pro Tem Bloom,
Mayor Katz
Abstain: Councilmember Shriver
Councilmembers McKeown, Holbrook and Genser requested to change
their vote to Mr. Meyer, thereby appointing Mr. Meyer by the following
vote:
Mitchell: None
Minardos: None
Meyer: Councilmembers O'Connor, McKeown, Holbrook,
Genser, Mayor Pro Tem Bloom, Mayor Katz
Abstain: Councilmember Shriver
STATUS OF WOMEN 13-B: Appointment to two unscheduled vacancies on the
Commission on the Status of Women for terms ending June 30, 2011.
Councilmember McKeown nominated Hannah Galloway and Anne
Goeke. There being no other nominations, Ms. Galloway and Ms. Goeke
were appointed by acclamation, with all members present.
SOCIAL SERVICES 13-C: Appointment to one unscheduled vacancy on the Social
COMMISSION Services Commission for a term ending June 30, 2012.
On order of the Mayor, this matter was continued to November 25, 2008.
10 November 11.2008
COLLABORATIVE FOR 13-D: Request of Councilmember Pam O'Connor and Mayor Pro
CLIMATE ACTION AND Tem Richard Bloom that the City of Santa Monica sign the Los
SUSTAINABILITY Angeles Regional Collaborative for Climate Action & Sustainability
Charter and instruct the City Manager to support and participate in
this worthwhile effort and, further, that the City of Santa Monica
encourage other local jurisdictions and key stakeholders throughout
Los Angeles County to formally participate in this Collaborative, was
presented.
There was no one present for public comment.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tem
Bloom, to approve request. The motion was unanimously approved by
voice vote, with all members present.
ECONOMIC UPDATE 13-E: Request of Mayor Pro Tem Bloom and Mayor Katz that the
City Manager present the City Council and community with an
update on economic matters of concern to the City of Santa Monica,
including analysis of short and long term economic trends and their
impact on the City's economy, recent Federal legislation to address
the banking and credit industries and the recently adopted State
budget.
At the request of Mayor Pro Tem Bloom and Mayor Katz, this matter
was withdrawn.
PRC APPOINTMENT 13-F: Appointment to two annual vacancies on the Pier Restoration
Corporation with terms ending November 11, 2012.
On order of the Mayor, the floor was opened for nominations.
Councilmember Genser nominated Joel Brand. There being no other
nominations, Mr. Brand was appointed, with Councilmember Holbrook
voting in opposition, and with all members present.
On order of the Mayor, the second vacancy was continued to November
25.2008.
RECS & PARKS - 13-G: Appointment to newly created Emeritus position on the
EMERITUS POSITION Recreation and Parks Commission.
On order of the Mayor, the floor was opened for nominations.
11 November 11, 2008
Councilmember McKeown nominated Frank Schwengel. There being no ;-
other nominations, Mr. Schwengel was appointed by acclamation, with
all members present.
DISABILITIES COMM. 13-H: Appointment to one unscheduled vacancy on the Disabilities
Commission for a term ending June 30, 2010.
On order of the Mayor, this matter was continued to November 25, 2008.
RESIGNATION 13-I: Recommendation to accept Bruce Kragen's resignation from
the Commission for the Senior Community and authorize the City
Clerk to publish the vacancy.
Motion by Councilmember O'Connor, seconded by Mayor Katz, to
accept the resignation with regrets and approve recommendation. The
motion was unanimously approved by voice vote, with all members
present.
4"' STREET MEDIAN 13-J: Request of Councilmember Shriver for staff to report on the
NEAR ADELAIDE use of the median on 4th Street, near Adelaide, for exercising
purposes including the associated allocation of resources to enforce
existing laws at the location and for the City Manager to con£rm
that the enforcement activities were not undertaken at the request of
any councilmember(s), but in response to complaints from San
Vicente Avenue tenants and condominium owners, was presented.
There was no one present for public comment.
On order of the Mayor, the information was received and filed.
A DAY WITHOUT A BAG 13-K: Request of Councilmember McKeown, on behalf of Heal the
Bay, that the Council adopt Resolution No. 10358 (CCS), by which
the City of Santa Monica would join the City and County of Los
Angeles in declaring December 18, 2008 the second annual "A Day
Without a Bag," encouraging holiday shopping with reusable tote
bags rather than single-use plastic and paper carry-out bags, in the
interest of sustainability, reduction of landfill and protection of the
marine environment, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Mayor Kati to
approve recommendation. The motion was unanimously approved by
voice vote, with all members present.
12 November 11, 2008
PUBLIC INPUT: Member of the public Pro Se commented on local concerns.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 10:54
p.m., in memory of Veteran's Day, Diane Howell, Jay Fiondella,
Michael Crichton, Sylvia Phelps, and Peter Wolf.
ATTEST:
Maria M. Stewart
City Clerk
13 November 11, 2008