M-112508CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 25, 2008
A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:52 p.m., on
Tuesday, November 25, 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 6:25 p.m.)
Also Present: Assistant City Manager Gordon Anderson
Assistant City Attorney Joseph Lawrence
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:52 p.m., with
Councilmember Shriver absent. Elaine Polachek 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 and Pro Se commented on various
Consent Calendar items.
Motion by Councilmember Genser. seconded by Councilmember
Holbrook, to approve all items on the Consent Calendar as presented,
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 November 11, 2008, City Council meeting,
November 25, 2008
were approved as submitted.
GRANT FUNDS I-B: Justice Assistance Grant Funds - recommendation to
appropriate $19,948 grant fund award under the 2008 Justice Assistance
Grant Program, designate use of the funds for the DNA/Advanced
Forensic Evidence project and approve the proposed budget changes, was
approved.
STATE WATER CODE 1-C: Proposal to amend State Water Code -recommendation to
AMENDMENT direct staff to work with Sacramento lobbyist, government agencies, non-
governmental organizations, and other interested parties to amend the
State's Water Code to include more aggressive strategies for local water
sufficiency and sustainability, was approved.
CIVIC CENTER 1-D: Civic Parking Structure Tenant Improvements Project -
PARKING STRUCTURE recommendation that the City Council: Activate phase two of the design-
build Contract No. 8960 (CCS) with T.L.D. Construction, Inc. for
construction of the Civic Parking Structure Tenant Improvements
Project; Appropriate funding and approve Guaranteed Maximum Price
(GMP) amendment not to exceed $1,850,000.00 plus a 10% contingency
$185,000.00 in the event unforeseen conditions should arise, for a total of
$2,035,000; approve proposed appropriation changes; and authorize the
Director of Public Works to issue any necessary change orders to
complete additional work within budget authority, was approved.
FEMA/ EMERGENCY On order of the Mayor, the regular City Council meeting recessed to a
SERVICES joint meeting with the Redevelopment Agency at 5:59 p.m., with
REPRESENTATION Agency/Councilmember Shriver absent.
1-E: Recommendation to adopt respective Resolution Nos. 10359
(CCS) and 512 (RAS) entitled: "RESOLUTION OF THE CITY OF
SANTA MONICA DESIGNATING CITY AND REDEVELOPMENT
AGENCY AUTHORIZED REPRESENTATIVES INDEALING WITH
THE CALIFORNIA OFFICE OF EMERGENCY SERVICES AND THE
FEDERAL EMERGENCY MANAGEMENT AGENCY,"was approved.
ADJOURNMENT OF On order of the Mayor, the special joint meeting was adjourned at 6:00
SPECIAL MEETING p.m., and the regular City Council meeting was reconvened with
Councilmember Shriver absent.
CLOSED SESSIONS: Member of the public Pro Se commented on various Closed Session
items.
Councilmember Shriver On order of the Mayor, the City Council recessed at 6:08 p.m, to consider
2 November 25, 2008
arrived at 6.•25 p. m. closed sessions and reconvened at 7:16 p.m., with all members present, to
report the following:
2-A: 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: Heazd.
2-B: Conference with Legal Counsel -Existing Litigation: United
States of America and Peters v. City of Santa Monica, USDC, Case
No. CVOS-02695 CW(Ex).
ACTION: Heard.
2-C: Conference with Legal Counsel -Existing Litigation: Smilev
v. City of Santa Monica, Case No. BC394492.
ACTION: Not Heazd.
2-D: Conference with Legal Counsel -Existing Litigation: Larry
Gulihur v. City of Santa Monica, Superior Court Case Number SC
095055.
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-F: Initiation of litigation pursuant to subdivision (c) of Section
54956.9: one case.
ACTION: Heard. No reportable action taken.
2-G: Conference with Legal Counsel regarding Claim No. 08-4942
- Claimant's name: Allstate/"I'alaee.
Motion by Councilmember Holbrook. seconded by Councilmember
McKeown, to approved Settlement No. 9009 (CCS) in the amount of
$24,114.92. The motion was approved by the following vote:
November 25, 2008
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
2-H: Conference with Legal Counsel regarding Claim No. 08-4554
-Claimant's name: Semyon Karlik
Motion by Councilmember Holbrook, seconded by Councihnember
O'Connor, to approved Settlement No. 9010 (CCS) in the amount of
$30,000. 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-I: Conference with Legal Counsel -Existing Litigation: People
v. Isaac Gabriel, Case No. SC 082050.
ACTION: Heard. No reportable action taken.
STUDY SESSION: 3-A: City Manager update on efforts related to special education
program reforms in the Santa Monica Malibu Unified School
District, was presented.
Members of the public Chris Bley, Brian Hutchings, Claudia Landis and
Amy Brunell commented on the information provided and on the
progress made.
On order of the Mayor, the information was received and filed.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2278 (CCS)
SUBSTANTIAL entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
REMODEL AMENDING 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.
Motion by Mayor Katz, seconded by Councilmember McKeown, to
adopt the ordinance, reading by title and waiving further reading thereof.
The motion was approved by the following vote:
4 November 25, 2008
AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
NEW NULTI-FAMILY 7-B: Second reading and adoption of Interim Ordinance No. 2279
CONSTRUCTION LIMIT (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA
MONICA EXTENDING INTERIM ORDINANCE NOS. 2250 AND
Councilmember Shriver was 2256 (CCS) CLARIFYING THAT ONLY ONE NEW MULTI-FAMILY
excused at 8:13 p. m. 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.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to adopt the ordinance, reading by title 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
STAFF ITEMS: On order of the Mayor, the regular City Council meeting recessed to a
YEAR END BUDGET special joint meeting with the Parking Authority and the Redevelopment
ADNSTMENTS Agency at 8:14 p.m., with Councilmember Shriver absent.
8-A: FY 2007-08 year-end appropriations and budget adjustments,
and transmittal of Capital Improvement Program and Year-End
Departmental Performance Review status reports -recommendation
to authorize the City Manager to make budget expenditure adjustments
between departments and major account groups within funds; and that the
Councilmember Shriver City Council, the Redevelopment Agency and the Parking Authority
returned at 8:23 p. m. approve proposed year-end budget appropriations to departments, was
presented.
Member of the public Joey Fullmer commented on the budget proposal.
Motion by Councilmember McKeown, seconded b~ayor Kati to make
proposed budget expenditure adjustments between departments and
major account groups within funds. The motion was approved by the
following vote:
November 25, 2008
AYES: Councilmembers Holbrook, Genser, O'Connor,
McKeown, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
ABSTAIN: Councilmember Shriver
Motion by Aeencv/Authority/Councilmember O'Connor. seconded by
Chair/Mayor Katz, for the City Council, Parking Authority and
Redevelopment Agency to approve proposed year-end budget
appropriations to departments. .The motion was approved by the
following vote:
AYES: Agency/Authority/Councilmembers Holbrook, Genser,
O'Connor, McKeown, Chair/Mayor Pro Tem Bloom,
Chair/Mayor Katz
NOES: None
ABSENT: None
ABSTAIN: Agency/Authority/Councilmember Shriver
BUDGET CHANGES TO 8-B: Adoption of FY2008-09 budget, personnel changes, new
2008-2009 BUDGET classifications and salary rates, and adoption of fee schedule -
recommendation that the City Council and the Redevelopment Agency
approve the proposed FY 2008-09 budget changes. Recommendation
that the City Council adopt Resolution No. 10360 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA REVISING
SALARIES FOR VARIOUS POSITIONS"; approve proposed personnel
changes; and adopt Resolution No. 10361 (CCS) entitled: "A RESOLU-
TION OF THE CITY OF SANTA MONICA AFFIRMING VARIOUS
PERMIT AND USER FEES, AND CREATING NEW FEES IN
PLANNING AND COMMUNITY DEVELOPMENT," was presented.
Members of the public Joey Fullmer, Jonathan Chu, Tod Lipton, Dean
Hallo, Michael Kent, Matt Gammel, Steve Lappin, Greg Van Orman,
Hamid Omrani, Blair Calderhead, David Frymer, Chris Antzoulatos,
Tony Haig, Julia Tardio, Howard Robinson, Richard Gonzalez spoke
generally in favor of the proposal and in support of new planning fees.
Motion by Chair/Mayor Katz, seconded by Agency/Councilmember
O'Connor, to approve the proposed budget changes. The motion was
approved by the following vote:
November 25, 2008
AYES: Agency/Councilmembers McKeown, O'Connor, Genser,
Shriver, Holbrook, Chair/Mayor Pro Tem Bloom,
Chair/Mayor Katz
NOES: None
ABSENT: None
Motion by Councilmember O'Connor. seconded by Mayor Katz, to adopt
the resolutions, reading by title only and waiving further reaading 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
ADJOURNMENT OF On order of the Mayor, the joint meeting was adjourned at 9:02 p.m., and
JOINT MEETING the regular City Council meeting reconvened with all members present.
CHARNOL WELL FIELD 8-C: Charnock Well Field Restoration Project -recommendation to
RESTORATION adopt Resolution No. 10362 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA CERTIFYING THE FINAL
Mayor Katz was excused at ENVIRONMENTAL IMPACT REPORT"; adopt Resolution No. 10363
9.•20 p.m. (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA MAKING NECESSARY CEQA FINDINGS AND
APPROVING A MITIGATION MONITORING PROGRAM' ;and
approve the proposed Charnock Well Field Restoration Project, was
presented.
Members of the public Brian Hutchings, Gilbert Ivey, Mark Gold, John
Jones, Judy Abdo and Albert Olson spoke in support of the
recommendation.
Motion by Councilmember Holbrook, seconded by Councilmember
Shriver, to adopt Resolution No. 10362 (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
NOES: None
ABSENT: Mayor Katz
November 25, 2008
Motion by Councilmember O'Connor, seconded by Councilmember
Holbrook, to adopt Resolution No. 10363 (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
NOES: None
ABSENT: Mayor Katz
Motion by Councilmember O'Connor. seconded by Councilmember
Holbrook, to approve the Charnock Well Field Restoration Project. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Bloom
NOES: None
ABSENT: Mayor Katz
TRANSFER OF 8-D: Public/private partnership for transfer of recycling services -
RECYCLING SERVICES recommendation to authorize the City Manager to negotiate and execute
Agreement No. 9011 (CCS) with Southern California Disposal for
transfer and self haul drop off services; Agreement No. 9012 (CCS) with
Cedarwood-Young, Inc. dba Allan Company for recycling services;
Agreement No. 9013 (CCS) with J.R. Miller & Associates for design and
bid preparation documents for the Recycling Drop-off facility in the
amount of $1,450,000; and appropriate funds as proposed, was presented.
Members of the public Mike Matosian and Jason Young spoke in support
of the proposal.
Motion by Councilmember Holbrook, seconded by Councilmember
O'Connor, to approve recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Connor, Genser, Shriver,
Holbrook, Mayor Pro Tem Bloom
NOES: None
ABSENT: Mayor Katz
CAROB TREES 8-E: Carob Tree removal and replacement -recommendation to
authorize the removal and replacement of 202 carob trees; 189 identified
as high risk trees with a potential for failure, and additional trees that
have poor viability, was presented.
November 25, 2008
Members of the public Gillian Ware, Brian Hutchings, Brian Varnum,
Elizabeth Riel, Jerry Rubin, Susan Hartley, and Mark Arunov
commented on the proposal and contributed suggestions and concerns.
Considerable discussion ensued on the merits of the recommendation and
the comments received from members of the public, including but not
limited to the potential longevity of trees to be removed, on the flexibility
of permitted risk and liability to the City and proposed replacements for
trees to be removed.
On order of the Mayor Pro Tem and with the consensus of Council, this
matter continued to a future meeting with a direction to staff to consider
the discussion and comments made by Council and by members of the
public.
COMMERCIAL EVENTS 8-F: Extended Commercial Events Policy -recommendation to
POLICY approve revisions to the policy regarding extended commercial use of the
beach parking lot at 1550 Pacific Coast Highway to provide more
flexibility in event selection, approve extended commercial event
selection guidelines, and authorize the award of license agreements in
accordance with the approved guidelines.
On order of the Mayor Pro Tem, this matter was continued to December
9, 2008.
PUBLIC HEARINGS: 9-A: 15th Street and Urban Avenue Streetlight Assessment District
15th & URBAN STREET Election Results -recommendation to accept the certified canvass of the
LIGHT ASSESSMENT streetlight assessment district election as tabulated by the City Clerk;
approve the formation of an assessment district along 15th Street, from
Councilmember Shriver was Alta Avenue to Montana Avenue, based upon the results of the election;
excused at 11:50 p.m. and adopt Resolution 10364 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA TO ASSESS PROPERTY OWNERS FOR
THE CONSTRUCTION COST OF STREETLIGHT IMPROVEMENTS
AND ISSUE BONDS AS SECURITY FOR UNPAID ASSESSMENTS
IN CONFORMANCE WITH PROPOSITION 218", was presented.
There was no one present for public comment.
Motion by Councilmember O'Connor, seconded by Councilmember
McKeown, to approve recommendation and adopt resolution, reading by
title only and waiving further reading thereof. The motion was approved
by the following vote:
November 25, 2008
AYES: Councilmembers McKeown, O'Connor, Genser,
Holbrook, Mayor Pro Tem Bloom
NOES: None
ABSENT: Councilmember Shriver, Mayor Katz
9-B: Georgina Streetlight Assessment - recommendation to hold a
GEORGINA STREET public hearing and adopt Resolution No. 10365 (CCS) entitled: "A
LIGHT ASSESSMENT RESOLUTION OF THE CITY OF SANTA MONICA CONFIRMING
ASSESSMENT COSTS FOR THE GEORGINA AVENUE STREET
LIGHT ASSESSMENT DISTRICT", was presented.
There was no one present for public comment.
Motion by Councilmember McKeown. seconded by Councilmember
Holbrook, to approve recommendation and adopt resolution, reading by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser,
Holbrook, Mayor Pro Tem Bloom
NOES: None
ABSENT: Councilmember Shriver, Mayor Katz
COUNCIL ITEMS: 13-A: Annual Appointments to Boards and Commissions for terms
APPOINTMENTS ending June 30, 2008.
Board/CommissionNo. of Appts. Term Ending
Architectural Review Board 1 6/30/2012
13-B: Appointment to one unscheduled vacancy on the Social
Services Commission for a term ending June 30, 2012. (Continued
from 11/11.)
13-C: Appointment to one annual vacancy on the Pier Restoration
Corporation for a term ending November 11, 2012. (Continued from
11/11.)
13-D: Appointment to one unscheduled vacancy on the Disabilities
Commission for a term ending June 30, 2010. (Continued from 11/11.)
On order of the Mayor Pro Tem, Items 13-A through 13-D were
continued to a future meeting.
10 November 25, 2008
13-E: Request of Councilmembers McKeown and Genser that the
Council adopt Resolution No. 10366 (CCS) entitled: "A
RESOLUTION IN SUPPORT OF LEGAL EFFORTS TO OVERTURN
THE PASSAGE OF PROP 8 ON CONSTITUTIONAL GROUNDS,
AND RESTORE EQUALITY AND FAIRNESS WITH RESPECT TO
CIVIL MARRIAGE FOR SAME-SEX COUPLES," was presented.
There was no one present for public comment.
Motion by Councilmember McKeown. seconded by Councilmember
Genser, to adopt resolution, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Genser,
Holbrook, Mayor Pro Tem Bloom
NOES: None
ABSENT: Councilmember Shriver, Mayor Katz
PUBLIC INPUT: Members of the public Pro Se, Denise Barton, M. Ross, Ben Patterson,
Dana Churchill and Art Casillas commented on various local issues.
ADJOURNMENT: On order of the Mayor Pro Tem, the City Council meeting was
adjourned at 12:03 a.m.
APPROVED:
Maria M. Stewart ~ Richard Bloom
City Clerk Mayor Pro Tem
11 November 25, 2008