February 26, 2008 City Council Minutes

Motion by Councilmember McKeown, seconded by Councilmember O’Connor, to approve all items on the Consent Calendar as presented except Items 1-D and 1-F, 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 February 12, 2008, City Council meeting were approved as submitted.423-421 OCEAN AVE.

1-B: Approval of Statement of Official Action denying appeal related to Landmarks Commission designation of 423-431 Ocean Avenue, was approved.

1927 18^th STREET

1-C: Resolution No. 10274 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR TRACT NO. 062708 TO SUBDIVIDE A PROPERTY AT 1927 18TH STREET,” was adopted.

ANNENBERG BEACH CLUB

1-E: Annenberg Community Beach Club construction - recommendation to authorize the City Manager to negotiate and execute an amendment to existing Contract No. 8652 (CCS) with Midwest Environmental Control, in the amount of $220,677, for additional abatement of asbestos and lead containing materials related to the project, was approved.

FINANCIAL ADVISORY SERVICES

1-G: Financial Advisory Services for the City , the Redevelopment Agency, and the Parking Authority - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8724 (CCS) with Public Resources Advisory Group, in the amount of $250,000, for a five-year service contract, was approved.

CHARNOCK WELL FIELD

Councilmember Shriver arrived at 6:11 p.m.

1-D: Charnock Well Field Restoration Project - recommendation to authorize the City Manager to negotiate and execute design-build Agreement No. 8892 (CCS) with Black & Veatch Corporation, in the amount of $4,300,000, for preconstruction services for the restoration project; appropriate $4,300,000 as proposed, was presented.

Mayor Katz advised he removed this item from the Consent Calendar to obtain more detail on what services are being purchased for the proposed amount. Staff provided additional information to questions from Councilmembers.

Motion by Councilmember Holbrook, seconded by Mayor Katz, to approve 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

REFUSE & RECYCLING BINS

1-F: Emergency purchase of refuse and recycling bins - recommendation to approve an emergency purchase of bins from consolidated Fabricators, in the amount of $500,000; and appropriate funds as proposed, was presented.

Councilmember Genser advised he had several questions related to the emergency purchase and the present use of the bin inventory. Staff responded to questions from Councilmembers.

Discussion ensued on the merits of the item before Council, on the amount of additional information being asked of staff and on the need to continue with the meeting on a timely manner.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember O’Connor, to approve recommendation based on the finding that the purchase is necessary on an emergency basis for the preservation of health.

Substitute motion by Councilmember McKeown, to approve the motion made by Mayor Pro Tem Bloom and to agendize on a future meeting a discussion on the process upon which both Council and staff can agree. The motion died for lack of a second.

The main motion was approved by the following vote:

AYES: Councilmembers Holbrook, Shriver, O’Connor, Mayor Pro Tem Bloom, Mayor Katz

NOES: Councilmember Genser, McKeown

ABSENT: None

Councilmember McKeown stated, for the record that his “no” vote reflected disappointment that the motion did not include responsible consideration of the underlying issues raised by Councilmember Genser.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to put an item on a future agenda to discuss the issues raised, the process of competitive bidding and how that is imported to the Council in emergency and non-emergency situations. The motion was approved by voice vote, with Councilmember Shriver voting in opposition.

CLOSED SESSIONS:

On order of the Mayor, the City Council recessed at 6:56 p.m., to consider closed sessions and returned at 7:31 p.m., with all members present, to report the following.

2-A: Conference with Real Property Negotiator

Property: 2640 Main Street, Santa Monica

City Negotiator: Andy Agle, Director, Housing and Economic Dev.

Under Negotiation: Modification of Lease Terms

Owner/Lessee of Record: City/Ocean Park Rest. Corp.

ACTION: Heard. No reportable action taken.

2-B: Conference with Legal Counsel – Existing Litigation: City Of Santa Monica v. Baron & Budd, P. C., Case No. BC 315 186.

ACTION: Heard. No reportable action taken.

2-C: Conference with Legal Counsel – Existing Litigation: Abraham Supino v. City Of Santa Monica (and consolidated cases), Case No. SC 080 283.

ACTION: Heard. No reportable action taken.

2-D: Conference with Legal Counsel – Existing Litigation: Henry Morgan v. City Of Santa Monica, Case No. SC 089 903.

Motion by Councilmember O’Connor, seconded by Mayor Katz, to approve Settlement No. 8893 (CCS) in the amount of $4.5 million related to an injury suffered by a skateboarder, with approximately $900,000 to be paid by the City and the remainder to be paid by an insurer; and appropriating necessary funds to Account No. 56232.522.010. 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-E: Conference with Legal Counsel – Existing Litigation: Sara Baer v. City Of Santa Monica, Case No. SC 091814.

Motion by Councilmember Shriver, seconded by Councilmember O’Connor, to approved Settlement No. 8894 (CCS) in the amount of $45,000. 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-F: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): 161 Ocean Park Boulevard.

ACTION: Not Heard.

2-G: 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-H: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): 2219 Ocean Avenue.

ACTION: Heard. No reportable action taken.

2-I: Conference with Legal Counsel - Existing Litigation: Treesavers v. City Of Santa Monica, SC Case No. BS 111 346.

ACTION: Heard. No reportable action taken.

STUDY SESSION:

LUCE AND TRANSPORTATION ELEMENT

3-A: Recommendation to endorse the Framework Elements for the Land Use and Transportation Element Update Process, was presented.

Members of the public Michael Folonis, Joey Fullmer, Kent Strumpell Jay Johnson, Gwynne Pugh, and Linda Jassin expressed various concerns and spoke generally in support of the recommendation.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember McKeown, to approve recommendation.

Motion to amend by Councilmember O’Connor, to add language reflecting a stronger relationship to the environmental and sustainability components and the City’s solar program, and to include language for a long-term plan for buildings becoming carbon-neutral. The motion was accepted as friendly by the maker and seconder. 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

ADMIN. ITEMS

2219 OCEAN AVENUE APPEAL

6-A: Re-hearing of appeal of Landmarks Commission designation of property located at 2219 Ocean Avenue as a City Landmark - recommendation to uphold the appeal and deny the landmark designation of the property, was presented.

Councilmember Genser stated, for the record, that his family owns a property in the vicinity but it is beyond the 500 feet radius that would create a conflict of interest.

Ruthann Lehrer, appellant, spoke in support of the appeal and in opposition to the proposed project.

Kevin Kozal, representing applicant, spoke in opposition to the appeal and in support of the project.

Members of the public Marcello Vavola, Scott Spell, Bob Sevy, Erik Maynes, Campbell Maynes and Andrea Galvin spoke in support of the appeal.

Mr. Kozal, representing applicant, presented a rebuttal to public comment.

Ms. Lehrer, appellant, presented a rebuttal to public comments.

Motion by Councilmember Genser, seconded by Councilmember McKeown, to deny the appeal and uphold the decision of the Landmarks Commission based on Finding No. 1 and Finding No. 6 and dropping criteria 4. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Shriver, Genser, McKeown, Mayor Pro Tem Bloom, Mayor Katz

NOES: Councilmember O’Connor

ABSENT: None

Councilmember O’Connor stated, for the record, that the structure should be a structure of merit.

ORDINANCES:

LANTANA EAST;LANTANA SOUTH

7-A: Second reading and adoption of Ordinance No. 2248 (CCS) entitled: “AN ORDINANCE OF THE CITY OF SANTA MONICA APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT NO. 8396 (CCS) BETWEEN THE CITY AND MAGUIRE PROPERTIES - 3030 OLYMPIC, LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR LANTANA EAST”; and second reading and adoption of Ordinance No. 2249 (CCS) entitled: “AN ORDINANCE OF THE CITY OF SANTA MONICA APPRO-VING AN AMENDMENT TO DEVELOPMENT AGREEMENT NO. 8397 (CCS)BETWEEN THE CITY AND MAGUIRE PROPERTIES - 3301 EXPOSITION, LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR LANTANA SOUTH,” to allow a funding alternative to constructing facilities at Edison School campus for joint City use, were presented.

Motion by Councilmember Genser, seconded by Councilmember McKeown, to adopt Ordinance No. 2248 (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

Motion by Councilmember Genser, seconded by Mayor Katz, to adopt Ordinance No. 2249 (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

PROHIBITION OF NEW CONSTRUCTION

7-B: Introduction and adoption of Interim Ordinance No. 2250 (CCS) entitled: “AN ORDINANCE OF THE CITY OF SANTA MONICA CLARIFYING THE SCOPE OF THE PROHIBITION OF NEW CONSTRUCTION WITHIN A FIVE HUNDRED FOOT RADIUS OF ANOTHER CONSTRUCTION PROJECT AND DECLARING THE PRESENCE OF AN EMERGENCY,” was presented.

Member of the public Joey Fullmer expressed concerns. Member of the public Genise Schnitman spoke generally in favor of the ordinance.

Discussion ensued as to appropriate language necessary that is more restrictive and adds an exemption for projects that have been issued a final building permit.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to adopt the ordinance with more restrictive wording and adding an exemption.

For the record the City Attorney advised that the language based on the above motion would be changed as follows:

- On page 5 of the proposed ordinance, in Section 2(a) the last words of first sentence “of another construction project subject to this section” to be deleted.

- The proposed changes on subsections (c) and (d) would come out.

- On page 8 of the proposed ordinance at the end of the list of present exemptions add a No. 6 to read, “Projects that have been issued a final building permit as of the date of this ordinance.”

The maker and seconder of the motion were in agreement with the record made by the City Attorney. The motion was approved by the following vote:

AYES: Councilmembers McKeown, O’Connor, Genser, Holbrook, Mayor Pro Tem Bloom

NOES: Councilmember Shriver, Mayor Katz

ABSENT: None

STAFF ITEMS:

HOMELESS REVIEW; PANHANDLING EDUCATION

8-A: Annual Review of Homeless Services/panhandling education campaign – recommendation to hold a public hearing; receive and approve the proposed Action Plan to Address Homelessness in Santa Monica; and authorize the City Manager to negotiate and execute Agreement No. 8895 (CCS) with GMMB, in the amount of $100,000, for a city-wide panhandling education campaign, was presented.

Members of the public Rick Stoff, La Rae Bechman, Jerry Rubin, David Busch, and Joe Natoli addressed various aspects of the proposal and spoke generally in support of the homeless.

Motion by Councilmember Shriver, seconded by Councilmember McKeown, to approve 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

PROPOSED BAN OF PLASTIC BAGS

8-B: Proposed ban on distribution of free plastic bags for commercial establishments - recommendation to direct the City Attorney to prepare an ordinance banning the free distribution to customers of single use plastic carryout bags at stores within the city; and provide staff with direction on a proposal to require retailers to charge a fee on single use paper bags in addition to the ban on plastic bags, was presented.

The following members of the public spoke in support of the proposal: Jerry Rubin, Benjamin Kay, Jassaman Sarvian, Janoboi Amsden, Andria Cusano, Allen Lee Haskell, Lucas Crowley, Brian Hutchings, Suzanne Biegel, Marcus Eriksen, Anna Cummins, Genise Schnitman, Mark Gold, Charlotte Stevenson, Angela How, and Lee Wallack.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve staff recommendation amended to include in the ordinance the option of a possible fee for paper bags, and direction staff to return with additional information on paper bag fees. 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

SHARED USE OF STREET FURNITURE ON 3^RD ST. PROMENADE

Councilmember Shriver was excused at 12:30 a.m.

8-C: Proposed ordinance prohibiting seeking donations from benches on 3rd Street Promenade - recommendation to direct staff to prepare an ordinance which would help promote shared use of the street furniture in the 3rd Street Promenade by prohibiting panhandling from chairs and benches, was presented.

Members of the public Jerry Rubin and Joe Natoli spoke in opposition of the proposal.

Member of the public Kathleen Rawson spoke in support of the proposal.

Motion by Councilmember Genser, seconded by Mayor Katz, to approve recommendation. The motion was unanimously approved by voice vote, with Councilmember Shriver absent.

COUNCIL ITEMS:

APPOINTMENTS

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 a future meeting.

13-B: Appointment to one unscheduled vacancy on the Architectural Review Board for a term ending June 30, 2009.

On order of the Mayor, this matter was continued to a future meeting.

DELIVERY OF DONA-TED FIRE ENGINE AND SURPLUS LADDER TO

CITY OF BAYOU LA BATRE

13-C: Request of Councilmember Holbrook that Council approve $13,000 from the Council Contingency Fund to pay for the cost to deliver one donated fire engine and one donated surplus ladder truck to the City of Bayou La Batre, Alabama, was presented.

There was no one present for public comment.

Motion by Councilmember Holbrook, seconded by Councilmember O’Connor, to approve request. The motion was approved by the following vote:

AYES: Councilmembers McKeown, O’Connor, Genser, Holbrook, Mayor Pro Tem Bloom, Mayor Katz

NOES: None

ABSENT: Councilmember Shriver

COUNCIL RULES AND PROCEDURES

13-D: 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 March 11, 2008.

PUBLIC INPUT:

Members of the public Pro Se and M. Ross discussed various concerns.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 12:46 a.m.

ATTEST: APPROVED:

Maria M. Stewart Herb Katz

City Clerk Mayor