M-012511CITY ®F SANTA MONICA
CITY COUNCIL iYIINUTES
JANUARY 25, 2011
A regular meeting of the Santa Monica City Council was called to order by Mayor Richard Bloom at
5:3b p.m., on Tuesday, January 25, 2411, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor Pro Tem Gleam Davis
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 8:15 p.m.)
Councilmember Teny O'Day
Absent: Councilmember Robert T. Holbrook
Councilmember Bobbv Shriven
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEI3CE On order of Mayor Bloom the City Council convened at 536 p.m., with
Councilmember Holbrook, Councilmember O'Connor, and
Councilmember Shriven absent. Assistant City Manager Elaine
Polachek led the assemblage in the Pledge of Allegiance.
Members of the public Joey Fullmer, Jerry Rubin, Christine Hardin,
Martin Rubin, Charles Rollins, and Natalie McAdam commented in
favor for continuing with the case listed as Item 1-H.
Member of the public Pro Se commented on various closed session
items.
On order of the Mayor, the City Council recessed at 5:54 p.m., to
consider closed sessions and returned at 6:45 p.m., wsth Councilmember
Holbrook, Councilmember O'Connor, and Councilmember Shriven
absent, to report the following:
1-A: Conference with Legal Counsel -Existing Litigation: Yii v.
City of Santa 1Vlonica, Los Angeles Superior Court Case Number
SC 105570.
January 25, 2011
Marsha Moutrie, City Attorney, recommended approval of Settlement
Agreement No. 9319 (CCS) in the above case, atrip-and-fall case, in the';
amount of $98,500. ',
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
Davis, to approve Settlement Agreement No. 9319 (CCS) as
recommended by the City Attorney. The motion was approved by the
following vote:
AYES: Cotuicilmembers O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Counciltnembers Holbrook, O'Connor, Shriver
1-B: Conference with Legal Counsel-Existing Litigation:
Embassy LLC and P12G Embassy. LP v. City of Santa Moe-isa et
al., Los Angeles Superior Court Case Number BS 119050.
City Attorney Marsha Moutrie reported that this item was heard and no
reportable action was taken.
1-C: Conference with Legal Counsel -Existing Litigation: Burke
v. City of Santa l~lonica, et al., Fsderal Distrist Court Case Numbsr :
CV-09-2259.
City Attorney Marsha Moutrie reported that this item was heard and no
reportable action was taken.
1-D: Conference with Legai Counsel - Anficipated Litigation:
lnigation of litigation pursuant to subdivision (c) of Secfion
54956.9: 1 case.
City Attorney Marsha Moutrie reported that this item was not heard.
1-E: Conference with Legal Counsel - Anficipated Litigation:
Anticipate significant exposure to litigation pursuant to subdivision
(b) of Section 5495b.9: 2 cases.
City Attorney Marsha Moutrie reported that this item was heard and no
reportable action was taken.
1-F: Conference with Legal Counsel -Existing Litigation:
MacNamara v. City of Santa Monica, Los Angeles Superior Court
Case Number SC 107111.
January 25,2011
Marsha Nloutrie, City Attorney, recommended approval of Settlement
Agreement No. 9320 (CCS) in the above case, atrip-and-fall case, in the
amount of $75,000.
Motion by Mayor Pro Tem Davis, seconded by Cotmeilmember
McKeown, to approve Settlement Agreement No. 9320 (CCS) as
recommended by the City Attorney. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Day,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, O'Connor, Shriver
i -G: Conference with Legal Counsel -Existing Litigation: Finley
v. Citv of Santa Monica, Los Angeles Superiar Court Case Number
sC loao2~r.
City Attorney Marsha Moutrie reported that This item was not heard.
1-H: Conference dvith Legal Counsel -Existing Litigation: Ci of
Santa Monica v. Federal Aviation Administration, Court Case No.
09-1233.
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
C~NSEN3' CALENIDAd2: Member of the public Pro Se began commenting on Consent Calendar
items while holding up a large sign. As Mr. Pro Se refused, after
repeated requests from the Mayor to put the sign down because iT was
interfering with the cameras airing the Council meeting, Mayor Bloom
declared Mr. Pro Se out of order. Mr. Pro Se was escorted out of
Council Chambers.
Mayor Bloom stated, for the record, that when Mr. Pro Se spoke earlier,
he was holding up a sign, but that there were very few people in the
audience and the sign was not blocking anyone's view. The Mayor
added that there were a number of people filling the chambers at this
point and that he could see that some individuals' views were being
blocked.
Motion by Councilmember McKeown. seconded by Mavor Pro Tem
Davis, to approve all items on the Consent Calendars as presented,
reading resolutions by title only and waiving further reading thereof.
The motion was approved by the following vote:
January 25, 2011
AYES: Councilmembers O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, O'Connor, and Shriver
MINUTES 3-A: The minutes of the January 11, 2011, City Council meeting,
were approved.
SANTA MONICA 3-B: Santa Monica Festival services -recommendation to authorize
FESTIVAL the City Manager to negotiate and execute Agreement No. 9321 {CCS)
with Community Arts Resources, in the amotmt of $100,000 annually,
to produce the Festival in 2011 with options in 2012 and 2013, was
approved.
ORDINANCES: 7-A: Adoption of resolutions and introduction and first reading of
PLASTIC BAGS an ordinance prohibiting single-use plastic carry out bags -
recommendation to: a) adopt Resolution No.10555 {CCS) entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT ON THE SANTA MONICA SINGLE-USE CARRYOUT
BAG ORDINANCE"; b) adopt Resolution No. 10556 (CCS) entitled,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MAKING FINDINGS NECESSARY TO
APPROVE THE S1NGLE-USE CARRYOUT BAG ORDINANCE";
and, introduce for first reading an ordinance of the City of Santa Monica i'
prohibiting retail establishments from providing single use plastic
carryout bags and regulating the use of paper carry out bags, was
presented.
Members of the public Elsie Andreyev, Zachary Gold, Nhi Ho, Michelle
Schaffer, Gregory Boehn, Joey Fullmer, Jerry Rubin, Katherine
Nguyen, Sheri Akers, Cara Finken, Kristen James, Juli Schtdz, Craig
Cadwallader, Dana Murray, Mark Gald, Stephen Joseph, Bryan Murray,
Natalie Birdick, Albert Halini, Jim Cragg, Louisa Fish, and Josh Miller
spoke in support of the proposed ordinance.
Members of the public Chandler Hadraba and Stephen Joseph expressed
concerns regarding the proposed ordinance.
Considerable discussion ensued on the proposed ordinance and on staff
recommendations for certain amendments.
Motion by Councihnember McKeown, seconded by Councihnember
O'Day, to adopt Resolution No. 10555 {CCS), certifying the final EIR.
The motion was approved by the following vote:
4 January 25, 2011
AYES: Councilmembers O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, O'Connor, and Shriver
Motion by Cotmcilmember McKeown, seconded by Councilmember
O'Day, to adopt Resolution No. 10556 (CGS), making findings
necessary to approve the Single-Use Carryout Bag Ordinance. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, O'Connor, and Shriver
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
Davis, to introduce ordinance for first reading, amended as proposed by
staff to change the definition of "re-use" of the bag to be consistent with
the Los Angeles County definition; to remove the word "hot" and the
second instance of the word ``prepared" from Section 5.45.04(1); in the
second "Whereas" of the ordinance change the number of commercial
and retail establishments from 1,718 to 1,875; and in the third
"Whereas" of the ordinance change the words "fi$y million bags" to
" 26 million bags," reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, O'Connor, and Shriver
BREAK On order of the Mayor, the City Council recessed at 8:10 p.m. and
Councilmenaber O'Connor returned at 8:18 p.m., with Councilmembers Holbrook and Shriver
arrived at $:1 ~ p.rrt~ absent.
DEVELOPMENT 7-B: Introduction and first reading of an ordinance of the City of
PROCEDURES PENDING Santa Monica establishing interim development procedures pending
IMPLEMENTATION OF implementation of the Land Use and Circulation Element of the
LUCE General Plan, was presented.
Members of the public Jenry Rubin, John Petz, Roger Swanson, Zina
Josephs, Joanne Curtis, Jan Ludwinksi, Richard Hilton, Valerie Griffin,
Mary Marlow, Tricia Crane, David Hibbert, Ellen Brennan, Kate Holt,
Andrew Giedhill, Catherine Eldridge, Ellen Hannan, Darrell Clarke,
John Berley, Betty Mueller, Chris Harding, Dale Goldsmith, Tom
Larmore, Ted Winterer, Phil Brock, Richard McKinnon, Howard
January 25, 2011
Robinson, Paula Mayeda, Albin Gielicz, and Jeanine Dodson
commented on various aspects of the proposed ordinance.
Considerable discussion ensued on related issues including, but not
limited to: better landscaping and paseos; first floor retail heights;
wider sidewalks; shazed parking; LEER certification; unbLmdling of
parking; bike access, parking and other bike amenities; a process that
includes housing in the downtown area in a more streamlined fashion
than requiring to go through a development agreement, reduced parking,
transportation demand management {TDM); affordable housing;
parking access from alleys; limits by size or number of parcels or space
requirements; limits on single room occupancy; waiving development
agreement fees for projects currently in pipeline; having the equivalent
for past incentives for an expedited process for projects that meet certain
goals such as requirement for TDM or bicycle parking, LEER
certification; projects being rental housing; and, having projects with on
site affordable housing.
Motion by Councihnember O'Connor, seconded by Councilmember
McKeown, to introduce ordinance, for first reading, reading by title only
and waiving further reading thereof, amended to direct staff to consider
the comments made by Councilmembers during deliberation and return
with information on the various subjects as soon as practicable. The
motion was approved by the following vote:
AYES: Councihnembers McKeown, O'Day, O'Connor,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Shriver
STAFF ITEMS: 8-A: Annnal Development Agreement Compliance Review
DEVELQPMENT recommendation to review the status of Development Agreement
AGREEMENT compliance; and, determine good faith compliance for those
CmMPLIANCE REVIEVi~ development agreements that are in compliance, was presented.
Members of the public Ellen Hannan, Louisa Fish, Chris Harding and
John Petz commented on various areas of compliance required in the
development agreements.
Motion by Councilmember McKeown_ seconded by Mayor Bloom, to
consider the Sheraton Delfina and its owning company in compliance if
they fulfill the obligation in 2011 dollars. "1`he motion failed by the
follotiving vote:
January 25, 2011
AYES: Councilmember McKeown, Mayor Bloom
NOES: Councilmembers O'Connor, O'Day,
Mayor Pro Tem Davis
ABSENT: Councilmembers Shriver, Holbrook
Motion by Councilmember McKeown, seconded bLMayor Pro Tem
Davis, to deem the recommended six projects (Bayview CA Unlimited,
Maguire Thomas, Arboretum, Rand, Lantana East and Lantana South)
incompliance. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, O'Connor,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver. Holbrook
COUNCILMEMBER 13-A: Request by Councilmember O'Day that Council consider
ITEMS: and potentially direct staff to increase the required radius for
NOTIFICATION RADIUS notification of neighbors adjacent to large development projects
and establish a threshold for size of a development project subject
to potentially increased notification requirements, in order to
provide sufficient notice to affected neighbors, particularly in
advance of forthcoming proposed development agreements, was
presented.
Members of the public Jerry Rubin, Valerie Griffin, Zina Josephs, Ellen
Hannan, Ellen Brennan, Catherine Eldridge and Ted t~%interer spoke in
support of the request.
Motion by Councilmember O'Dav. seconded by Mavor Pro Tem Davis.
to approve request directing staff to return with a recommended radius
that incorporates some of the comments from members of the public and
from Council, including the concept of a sliding scale based on the size
of the project, and information regarding costs so Council can consider
making a change. The motion was unanimously approved by voice
vote, with Councilmembers Shriver and Holbrook absent.
LOCAL ~JATER 13-B: Request by Councilmember O'Day that Council act on the
SOURCES September 2010 recommendation from the Environmental Task
Force that the City develop a plan to achieve 100°lo self-sufficiency
on local seater sources by 2020 by scheduling a study session in
early March to examine the City's seater supply and to potentially
direct staff to develop the plan for self-sufficiency by 2020, was
presented.
There was no one present for public comment
January 2~, 2011
Motion by Councilmember O'Day, seconded by Mayor Pro Tem Davis,,
to approve request. The motion was unanimously approved by voice
vote, with Councilmembers Holbrook and Shriven absent.
CAMPAIGN IDONATION 13-C: Request of Councilmember McKeown that Council direct
REPORTS staff to prepare printed copies of all Santa Monica campaign
donation reports filed in the past five years, and make them
available for reference by the public at Council meetings, was
presented.
Members of the public Denise Barton, Valerie Griffin, Zina Josephs,
Ellen Hannan, Ellen Brennan, and Catherine Eldridge spoke in support
of the request.
Member of the public Jerry Rubin spoke in opposition to the request.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
Davis. to approve request. The motion failed by the following vote:
AYES: Councihnember McKeown, Mayor Pro Tem Davis
NOES: Councilmembers O'Connor, O'Day, Mayor Bloom
ABSENT: Councilmembers Holbrook, Shriven
PUBLIC COMIdIENT Member of the public Denise Barton commented on various local
issues.
AI930URNMENT: On order of the Mayor, the City Council meeting was adjourned at
11:25 p.m. in memory of Thelma Parks and Matthew Mezza.
ATTEST: APPROVED:
~~- ~~
Maria M. Stewart Richard Bloom
City Clerk
Mayor
January 25, 2011