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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