CITY COUNCIL MEETING: May 13, 2008
AGENDA ITEM: 1-A
(NOT APPROVED)
CITY OF
CITY COUNCIL MINUTES
APRIL 8, 2008
A regular meeting of the Santa Monica City Council was called to order
by Mayor Katz at 5:49 p.m., on Tuesday, April 8, 2008, at City Council
Chambers,
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 6:10 p.m.)
Councilmember
Bobby Shriver (arrived at 6:30 p.m.)
Also
Present: City Manager
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 Councilmembers O’Connor and Shriver absent. Joan Akins, Acting Director of the
Environmental and Public Works Department, led the assemblage in the Pledge of
Allegiance.
CONSENT CALENDAR:
All items were presented for consideration and approval in one motion
unless removed by a Councilmember for discussion.
Member of the public Joey Fullmer expressed
concern regarding various Consent Calendar items.
Motion by Councilmember Genser,
seconded by Mayor Pro Tem Bloom, to
approve all items on the Consent Calendar as presented and with Item 1-D as
revised to correct an inadvertent omission, reading resolutions by title only
and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers
Holbrook, Genser, McKeown, Mayor Pro Tem Bloom, Mayor
Katz
NOES: None
ABSENT: Councilmembers
O’Connor, Shriver
MINUTES
1-A: The minutes of the
March 25, 2008, City Council meeting, were approved as submitted.
AUDITING SERVICES
1-B: Auditing services for
City's financial statements - recommendation to authorize the City Manager
to negotiate and execute Agreement No. 8911 (CCS) with the Conrad Government
Services, in the amount of $600,000, to provide auditing services for a
five-year term, was approved.
HISTORIC RESOURCES ANALYSIS
1-C: Historic resources
analysis services - recommendation to authorize the City Manager to
negotiate and execute an amendment to existing Contract No. 8912 (CCS) with PCR
Services Corporation, in the amount of $79,000 for a total of $119,000, to
provide historic resources analysis for the Planning Division, was approved.
1-D: Statement of Official
Action taken denying the appeal of the Landmarks Commission designation of
GROUNDWATER REMEDIATION
1-E: Groundwater
remediation Services at the Big Blue Bus Yard and Corporate Yard -
recommendation to authorize the City Manager to negotiate and execute Contract No.
8913 (CCS) with ICF International for groundwater remediation services at the
Big Blue Bus Yard (BBB) in the amount of $745,100 for up to a five-year term;
Contract No. 8914 (CCS) with ICF International for groundwater remediation
services at the Corporate Yard in the amount of $1,371,983 for up to a
five-year term; and approve proposed appropriation of $42,418.98, was approved.
PLANNING SERVICES
1-F: Services related to
the Land Use & Circulation Element of the General Plan, Urban Design
Concepts and Design Review Process - recommendation to authorize the City
Manager to negotiate and execute an amendment to Contract No. 8915 (CCS) with Raimi + Associates, in the amount of $150,000 for
consulting services; and an amendment to existing Contract No. 8729 (CCS) with
The Odermatt Group, in the amount of $160,000, to
provide architectural and planning services.
PARADE ROUTE
1-G: July 4th Parade Route
- recommendation to approve an alternate parade route for the second July 4th
Parade along
At the request of staff, and on order of the Mayor, this item to be
continued to a future meeting.
ITEM WITHDRAWN
1-H: Item withdrawn.
RECESS
Councilmember O’Connor arrived at 6:10 p.m.
On order of the Mayor, the City Council recessed at 5:54 p.m., to a
special meeting of the Housing Authority and reconvened to the regular meeting
at 6:14 p.m., with Councilmember Shriver absent.
CLOSED SESSIONS:
Councilmember Shriver arrived at 6:30 p.m.
On order of the Mayor, the regular meeting of the City Council recessed
at 6:14 p.m., to consider closed sessions and reconvened at 7:30 p.m., with all
members present to report the following:
2-A: Conference with Labor
Negotiator.
City
Negotiator:
Bargaining
Units: Supervisory Team Associates
Municipal
Employees Assn.
United
Transportation
ACTION: Heard. No reportable action taken.
2-B: Anticipated
Litigation: Anticipate significant exposure to litigation Pursuant to
Government Code Section 54956.9(b):
ACTION: Not Heard.
2-C: Conference with Legal
Counsel - Anticipated Litigation.
Initiation of litigation pursuant to Section 54956.9c - 1 case.
ACTION: Heard. No reportable action taken.
2-D: Anticipated
Litigation: Anticipate significant exposure to litigation Pursuant to
Government Code Section 54956.9(b): 2300 Wilshire.
ACTION: Heard. No reportable action taken.
SPECIAL ITEMS:
4-A: Mayor Katz issued a
proclamation declaring April 2008 as "Month of the Young Child" in
the City of
MATTER HEARD OUT OF AGENDA ORDER
At the request of the Mayor, and with Council consensus, item 13-H was
considered out of order.
MASTER FACILITY USE AGREEMENT
13-H: Request by Mayor Herb Katz
to review and discuss whether the
At the request of the Mayor, and with the consensus of Council, this
matter to be continued to a future meeting as a 5-item.
ORDINANCES:
ONE-NIGHT ARTS FESTIVAL
7-A: Second reading and
adoption of Ordinance No. 2257 (CCS) entitled: “AN ORDINANCE OF THE CITY OF
SANTA MONICA IMPOSING A TEMPORARY SUSPENSION OF CERTAIN MUNI-CIPAL CODE
PROVISIONS AND OTHER LEGAL REQUIREMENTS WITHIN STATED BOUNDARIES FOR THE
PURPOSE OF CONDUCTING A ONE-NIGHT ARTS FESTIVAL,” was presented.
Motion by Councilmember McKeown, seconded by Councilmember
Shriver, to adopt the ordinance,
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, Mayor Katz
NOES: None
ABSENT: None
DOWNTOWN ASSESSMENT DISTRICT
7-B: Second reading and
adoption of Ordinance No. 2258 (CCS) entitled: “AN ORDINANCE OF THE CITY OF
SANTA MONICA ADOPTING LOCAL MODIFICATIONS TO THE METHOD OF LEVYING ASSESSMENTS
PURSUANT TO THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994,” was
presented.
Motion by Councilmember O’Connor, seconded by Mayor
Katz, to adopt the 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
SMOKING ORDINANCE
7-C: Introduction and first
reading of ordinance amending Chapter 4.44 of the Municipal Code on smoking to make
restaurant owners and managers liable under certain circumstances, require
posting of no smoking signs, reduce the amount of fines, and prohibit smoking
on public library grounds; and direct staff on other possible areas of tobacco
regulations, including multi-unit residential areas, tobacco retailer
licensing, and non-binding resolution regarding pharmacy sales of tobacco,
was presented.
The following members of the public spoke in support of the proposed
ordinance and expressed concerns regarding second hand smoke in multi-family
apartment buildings: Joey Fullmer, Jerry Rubin, Gary
South, Monty Messex, Robert Dornin,
Joan Waddell, Esther Schiller, Marlene Gomez, James Levesque, Lindsey Levesque,
Gabie Levesque, Willow Evans, Barbara Bronie, Marla Mattenson, Phil
Paley, Michelle Matisse, William McCarthy, Dian Kiser, Dora Gil, Regina
Harcourt, Allie McDonald, S. Allyx Kronenberg, and Robert Berger.
Members of the public Misti Kerns and Tom Larmore expressed concerns about the timing of the
effective date of the ordinance and spoke in support of an enforcement date
that would have the least amount of impact on the City’s tourism and economics.
Member of the public Bill Dawson expressed concerns and urged the City
Council for caution in the implementation and enforcement of the ordinance.
Motion by Councilmember McKeown, seconded by
Councilmember Genser to direct staff to prepare and return as soon as
possible to Council with a tobacco retailer licensing ordinance and a
resolution encouraging pharmacies not to sell tobacco products and if possible
prohibiting certain exterior signage for tobacco products for sale. The motion was unanimously approved by voice
vote, with all members present.
Motion by Mayor Pro Tem Bloom, seconded by
Councilmember McKeown, to introduce
the ordinance for first reading, amending to use the phrase “knowingly and
intentionally” in the section make business owners and managers liable for
allowing smoking at outdoor dining areas; and clarifying prohibition of smoking
within library property.
The City Attorney recommended adding the following language to address
concerns voiced by members of the public: “this law does not require any owner,
operator or manager to physically eject any person from an outdoor dining area,
or to request any person to refrain from smoking under circumstances involving
the risk of physical harm to the owner, operator or manager.”
The suggested language was accepted by the maker and the seconder of the motion.
The motion, as amended, was approved by the following vote:
AYES: Councilmembers
McKeown, O’Connor, Genser, Shriver, Holbrook, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
Motion by Mayor Pro Tem Bloom, seconded by
Councilmember Shriver, direct staff
to return with an ordinance prohibiting smoking in common areas of multi-unit
buildings and with recommendations regarding designating smoking areas.
Councilmember Genser suggested adding to the
motion to direct staff to hold one or more community workshops for residents to
discuss options and air concerns and competing issues related to second hand
smoke from adjacent resident’s units, and return to Council with information
and recommendations. The suggested
amendment was accepted as friendly by the maker and the seconder.
Councilmember McKeown suggested adding tot he motion that staff consult
with the Rent Control Board and the City’s Fair Housing Division. The amendment was accepted as friendly by the
maker and seconder.
Discussion ensued. After discussion
Mayor Pro Tem Bloom withdrew the amendments from the original motion in order
to split the motion into two parts and restated his original motion as follows:
Motion by Mayor Pro Tem Bloom, seconded by
Councilmember Shriver, direct staff to
return with an ordinance prohibiting smoking in common areas of multi-unit
buildings and with recommendations for designating smoking areas. The motion was unanimously approved by voice
vote, with all members present.
Motion by Mayor Pro Tem Bloom seconded by
Councilmember Genser, to direct staff to explore a wide variety of other
issues involving housing, one or more public workshops, and to consult with the
Rent Control Board and the City’s Fair Housing Division. The motion was approved by voice vote with
Councilmember O’Connor voting in opposition, and with all members present.
LIVING WAGE ORDINANCE
7-D: Introduction and first
reading of an ordinance amending Municipal Code Section 4.65.030 relating to
the living wage exemption modifying its applicability, add a waiver provision
and eliminate the annual adjustment to the contract threshold, was
presented.
On order of the Mayor, Item 13-G to be heard concurrently with this
item.
FAMILY LEAVE RULE CHANGES
13-G: Request of
Councilmember McKeown that Council direct staff to review proposed family leave
rule changes proposed by the Bush Administration, evaluating how reduced
protections for working families might affect City employees, City contractors,
and working residents of Santa Monica; and submit to the Department of Labor a
letter expressing our City's position in congruence with existing Council and
City policy by the April 11 public comments deadline.
Member of the public Amy Bishop Dunbar expressed concerns regarding the
proposed changes to the Living Wage ordinance.
Discussion ensued regarding the proposed exemptions and their effects
on future contracts.
Motion by Councilmember Genser,
seconded by Councilmember Holbrook,
to introduce the ordinance for first reading, amended to exempt banking
services only, with no other exemptions other than what is already in the
ordinance. 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
Councilmember Genser, to approve the request listed as item 13-G. The motion was unanimously approved by voice
vote, with all members present.
GREEN BUILDING ORDINANCE
7-E: Recommendation to adopt
Resolution No. 10282 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA
MONICA MAKING FINDINGS OF LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAPHICAL
CONDITIONS”; and, introduction and first reading of an ordinance modifying
Municipal Code Section 8.108 related to Green Building Design; Chapter 7.60
related to construction and demolition waste handling requirements; and
Sections 9.04.10.04.100, and 9.04.10.04.110 related to landscape irrigation and
design standards, was presented.
Members of the public John Lee and Danielle Killian spoke in support of
the proposed ordinance.
Motion by Councilmember Genser,
seconded by Councilmember O’Connor,
to adopt Resolution No. 10282 (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, Mayor Katz
NOES: None
ABSENT: None
Assistant City Attorney Joseph Lawrence made the following minor
corrections to the ordinance as follows:
Page 22, subsection (h) change the cited Section Number to 8.108.120;
page 23, subsection (m) change 60% to 65% and the cited section number
to 8.108.170;
page 25, subsection (t) change cited section number to 8.108.140; and
page 29, subsection a), add after “one thousand square feet or greater”
the following, “and all demolition-only projects,” change the 60% to 65%; and,
page 32, under 8.108.140 add after “security with the WPP the
following, “for construction and demolition projects,” add after the word
“calculated,” “as the lesser of 3% of the total project costs or $30,000. For demolition-only projects the amount of
the performance security shall be calculated at . . .”
Motion by Councilmember Genser,
seconded by Councilmember O’Connor,
to introduce the ordinance for first reading as amended by the Assistant City
Attorney, reading by title only and waiving further reading thereof.
Discussion ensued on the merits of the portion of the proposed
ordinance that limits the use of turf grasses to 20%.
Motion by Councilmember Holbrook, seconded by
Councilmember Shriver, to amend the
ordinance to delete the 20% limit of turf grasses. The motion failed by the following vote:
AYES: Councilmembers
Holbrook, Shriver, Mayor Katz
NOES: Councilmembers
Genser, O’Connor, McKeown, Mayor Pro Tem Bloom
ABSENT: None
The vote on the main motion was approved by the following vote:
AYES: Councilmembers
McKeown, O’Connor, Genser, Mayor Pro Tem Bloom, Mayor
Katz
NOES: Councilmembers
Holbrook, Shriver
ABSENT: None
Councilmember Shriver stated, for the record, that he is supportive of
“green” and the goals of the ordinance, but is uncertain of some the aspects of
future enforcement of the proposal.
Motion by Councilmember Genser,
seconded by Councilmember O’Connor, that
Green Building Grant Program be extended to include buildings certified under
the LEED for New Construction, LEED for Homes, and LEED for Commercial
Interiors ratings systems. The motion
was approved by the following vote:
AYES: Councilmembers
McKeown, O’Connor, Genser, Shriver, Holbrook, Mayor
Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: None
STAFF ITEMS:
2834
Mayor Katz was excused at 11:11 p.m.
8-A: Development Agreement concept
plans for entertainment production facility at 2834 Colorado Avenue -
recommendation to discuss the appropriateness and potential public benefits of
a Development Agreement proposal for entertainment production facility and
provide direction regarding negotiating points, was presented.
Mayor Katz requested to be excused from this matter due to a potential
conflict of interest. Mayor Pro Tem
Bloom assumed the Chair.
Project applicant Jack Walter spoke in support of the project.
Members of the public Jerry Rubin, Jean McNeil Wyner,
Hector Ramirez, Sheldon Liber, Sharon O’Rourke, Oscar
de la Torre, Ruben Pacheco, and Robert Young spoke in support of the project.
Members of the public David Latham, Zina
Josephs, Susan Hartley and Catherine Eldridge spoke in opposition of the
project.
Motion by Councilmember McKeown, seconded by
Councilmember O’Connor, to approve
recommendation. The motion was approved
by the following vote:
AYES: Councilmembers
McKeown, O’Connor, Shriver, Holbrook, Mayor Pro Tem Bloom
NOES: Councilmember Genser
ABSENT: Mayor Katz
REDEVELOPMENT AGENCY PRIORITIES
Mayor Katz returned at 12:18 a.m.
Councilmember Shriver was excused at 12:25 a.m.
SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY AND:
On order of the Mayor, the regular City Council meeting recessed to a
joint meeting with the Redevelopment Agency, at 12:18 a.m. with all members
present.
ROLL CALL OF THE REDEVELOPMENT AGENCY
8-B: Redevelopment Agency
Priorities - recommendation that the City Council and the Redevelopment
Agency confirm its long-term funding priorities and direct staff to prepare the
necessary budget actions to move the capital priorities forward in an
expeditious manner, was presented.
Members of the public Ralph Mechur and Mike
Matthews spoke in support of the priorities.
Motion by Agency/Councilmember McKeown, seconded by
Agency/Councilmember Genser, to approve recommendation and with direction to
staff that housing should be moved up as a priority, and to return as part of
the budget process before May, with some indication with what could be done in
housing.
Substitute motion by Chair/Mayor Katz, seconded by
Chair/Mayor Pro Tem Bloom, confirm
its funding priorities and direct staff to prepare the necessary actions to
move the priorities forward. The motion
was approved by the following vote:
AYES: Agency/Councilmember O’Connor, Genser, Holbrook, Chair/Mayor Pro Tem Bloom, Chair/Mayor
Katz
NOES: Agency/Councilmember McKeown
ABSENT: Agency/Councilmember Shriver
Agency/Councilmember McKeown stated, for the record, that his “no”
reflects his belief that housing should have been prioritized.
Motion by Agency/Councilmember McKeown, seconded by
Agency/ Councilmember Genser, to direct staff as they proceed with investigating
staffing needs that are eligible for RA funding, consider the needs for housing
staff programs that the Council may articulate in future discussions. The motion was unanimously approved by voice
vote, with Agency/Councilmember Shriver absent.
Agency/Councilmember McKeown was excused at 12:48 a.m.
Agency/Councilmember McKeown requested to be excused due to a conflict
of interest with the subject matter of the following motion.
Motion by Chair/Mayor Pro Tem Bloom, seconded by
Councilmember Genser, to direct staff to evaluate the Redevelopment
funding eligibility of shared use community facilities on the Santa Monica
College and Santa Monica-Malibu Unified School District campuses as they are
further defined, and return to Council with an analysis and associated
considerations. The motion was approved
by voice vote with Agency/ Councilmembers McKeown and
Shriver absent.
ADJOURNMENT OF SPECIAL JOINT MEETING
On order of the Mayor the Special Joint Meeting was adjourned at 12:50
a.m., and the regular City Council meeting reconvened with Councilmembers
McKeown and Shriver absent.
COUNCIL ITEMS:
13-A: Appointment to one
unscheduled vacancy on the Pier Restoration Corporation Board of Directors for a
term ending November 10, 2009.
On order of the Mayor, this matter was continued to April 22, 2008.
APPOINTMENT
13-B: Appointment to one
unscheduled vacancy on the Disabilities Commission for a term ending June 30,
2010.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Thomas John Hill. There being no
other nominations, Mr. Hill was appointed by acclamation with Councilmember
Shriver absent.
Councilmember McKeown returned at 12:52 a.m.
13-C: Request of
Councilmember Bobby Shriver, Mayor Herb Katz and Councilmember Bob Holbrook to
discuss modifications of Council Rules and procedures; time management and
Council agenda management.
On order of the Mayor, this matter was continued to April 22, 2008.
SUPPORT OF LEGISLATION
13-D: Request of
Councilmember McKeown that the Council express the City of Santa Monica's
support for the following bills currently before the California
Legislature: AB 2019 (Fuentes),
regarding housing; and SB 1738 (Steinberg), regarding health care, was
presented.
Motion by Councilmember McKeown, seconded by
Councilmember O’Connor, to approve
request. The motion was approved by
voice vote, with Mayor Katz abstaining.
COUNCIL TRAVEL FUNDS
13-E: Request of Mayor pro
Tem Bloom that the Council authorize the use of City Council travel funds for
the purpose of attending the Mayors Against Illegal Guns National
Motion by Councilmember O’Connor, seconded by Councilmember
Genser, to
approve request. The motion was
unanimously approved by voice vote, with Councilmember Shriver absent.
4TH OF JULY PARADE
Councilmember O’Connor was excused at 12:54 a.m.
13-F: Request of
Councilmember Genser that the Council provide an
$11,900 grant (Contract Nos. 8916/8917 (CCS)) of council contingency funds to
the Ocean Park Association and the North of Montana Association for the
production of the 2nd Annual Main Street 4th of July Parade, was presented.
Motion by Councilmember Genser,
seconded by Mayor Katz, to approve
request. The motion was approved by the
following vote:
AYES: Councilmembers
Holbrook, Genser, McKeown, Mayor Pro Tem Bloom, Mayor
Katz
NOES: None
ABSENT: Councilmembers
Shriver, O’Connor
PUBLIC INPUT
Members of the public Pro Se and Paul Feldman expressed various
concerns.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:59
a.m., in memory of Bob Timmons.
ATTEST: APPROVED:
Maria M. Stewart Herb
Katz
City Clerk Mayor