March 11, 2008 City Council Minutes

1614-1616 OCEAN AVE.

1-A: Solicitation of proposals to rehabilitate 1614-1616 Ocean Avenue - recommendation to authorize staff to solicit proposals to rehabilitate or reconstruct the apartment building at 1614-1616 Ocean Avenue as affordable permanent supportive housing for very-low-income, long-term Santa Monica homeless persons, pursuant to a long-term lease, was approved.

2640 MAIN STREET

1-B: Lease amendment for property located at 2640 Main Street - recommendation to authorize the City Manager to execute an amendment to Contract No. 2304 (CCS) with Ocean Park Restaurant Corporation regarding percentage rent payments and Farmers' Market operations at the site, was approved.

RECESS

Councilmember Shriver arrived at 6:03 p.m.

On order of the Mayor, the regular City Council meeting recessed to consider public comment for a concurrent Special City Council Meeting at 5:59 p.m., and reconvened at 6:34 p.m., with Councilmember O’Connor and Mayor Pro Tem Bloom absent.

CLOSED SESSIONS:

Mayor Katz announced that Mayor Pro Tem Bloom would be arriving late for the meeting and had requested to delay consideration of Item 2-F until he arrived.

Motion by Councilmember Genser, seconded by Councilmember McKeown, to delay Item 2-F until Mayor Pro Tem Bloom’s arrival. The motion was unanimously approved by voice vote, with Councilmember O’Connor and Mayor Pro Tem Bloom absent.

On order of the Mayor, the City Council recessed at 6:34 p.m., to consider closed sessions and reconvened at 7:42 p.m., with Councilmember O’Connor and Mayor Pro Tem Bloom absent, to report the following:

2-A: Conference with Real Property Negotiator

Property: 1301-33 Fourth Street, Santa Monica

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

Under Negotiation: Price and Terms

Owner of Record: Virginia Tegner Spurgin Investment Co.

ACTION: Heard. No reportable action taken.

2-B: Conference with Real Property Negotiator

Property: 1640 Fifth Street, Santa Monica

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

Under Negotiation: Price and Terms

Owner of Record: Martin H. Waldman Trust, et. al.

ACTION: Heard. No reportable action taken.

2-C: Conference with Legal Counsel – Existing Litigation: Friends of the Earth v. Watson, Case No. C 02 01406 (N. D. Cal.) (global warming litigation).

ACTION: Not Heard.

2-D: Conference with Legal Counsel – Existing Litigation: Robert Douglas Bruton v. City of Santa Monica, Case No. SC 090 047.

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-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.

Marsha Moutrie, City Attorney, advised that the City received a March 7^th letter from Mr. Kurt Schaffer of the FAA detailing its proposal for enhancing airport safety. Ms. Moutrie advised that, after reviewing the communication, legal staff was recommending Council delay second reading of the related ordinance listed as Item 7-A to March 25^th so that Council and the public could hear from Mr. Schaffer personally at the March 25^th meeting, so that the public and Council could understand, consider and comment on the proposal, and so that there would be a full record in the event of litigation.

Motion by Councilmember Genser, seconded by Mayor Katz, to postpone second reading of the ordinance listed as Item 1-A, to March 25, 2008. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Shriver, Genser, McKeown, Mayor Katz

NOES: None

ABSENT: Councilmember O’Connor, Mayor Pro Tem Bloom

2-H: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1): Speiser/Traveler’s insurance – Claim Number – 07-4055.

ACTION: Not Heard.

STUDY SESSION:

FIRE DEPT. NEEDS ASSESSMENT

3-A: Fire Department Staff Needs Assessment, was presented by Chief Jim Hone.

There was no one present for public comment.

On order of the Mayor, the information was received and filed.

POLICE DEPT. NEEDS ASSESSMENT

3-B: Police Department Staff Needs Assessment.

There was no one present for public comment.

On order of the Mayor, the information was received and filed.

20^TH ST./CLOVERFIELD IMPROVEMENTS

3-C: 20^th Street and Cloverfield Boulevard Street Improvements Project – recommendation that Council provide direction on the concept design for the Street Improvements Project, was presented.

Member of the public Susan Hartley expressed concerns related to the project and to the proposed trees to be planted.

Discussion ensued. Direction given to staff. On order of the Mayor, the information was received and filed.

SPECIAL ITEMS:

4-A: The Mayor issued a proclamation declaring March 2008 as Women's History Month in the City of Santa Monica.

Member of the public Susan Hartley expressed support for the proclamation.

Ana Maria Jara, member of the Commission on the Status of Women, accepted the proclamation on behalf of the Commission.

ORDINANCES:

7-A: Second reading and adoption of an ordinance adding Section 10.04.06.220 to the Municipal Code conforming the use of Santa Monica Municipal Airport to its federally designated specification of ARC B-II, for public safety purposes including the safety of residents living immediately adjacent to the airport runway ends and those individuals using and working at the airport.

On order of the Mayor, and by virtue of the vote taken on closed session item 2-G, this matter was continued to March 25, 2008.

STATE DENSITY BONUS

7-B: Introduction and first reading of an interim ordinance extending, with modifications and clarifications, Interim Ordinance No. 2180 (CCS) modifying the City’s density bonus and affordable housing incentives in accordance with State Density Bonus Law, was presented.

There was no one present for public comment.

Motion by Councilmember Genser, seconded by Councilmember McKeown, to introduce ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers McKeown, Genser, Shriver, Holbrook, Mayor Katz

NOES: None

ABSENT: Councilmember O’Connor, Mayor Pro Tem Bloom

BOOTLEGGED RENTAL UNITS

7-C: Introduction and first reading of an ordinance adding Section 9.04.18.075 to the Municipal Code to waive certain development standards for rental units which were built or created without permits and registered with the Santa Monica Rent Control Board, was presented.

There was no one present for public comment.

Motion by Councilmember Genser, seconded by Mayor Katz, to introduce ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers McKeown, Genser, Shriver, Holbrook, Mayor Katz

NOES: None

ABSENT: Councilmember O’Connor, Mayor Pro Tem Bloom

ALCOHOL CUP’S

7-D: Introduction and first reading of an ordinance amending Section 9.04.10.18.020 of the Municipal Code to clarify that business establishments with alcohol conditional use permits must obtain new alcohol conditional use permits if the establishment ceases operating for a period in excess of one year, or in excess of six months in the CM District, was presented.

There was no one present for public comment.

Motion by Councilmember Genser, seconded by Mayor Katz, to introduce ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers McKeown, Genser, Shriver, Holbrook, Mayor Katz

NOES: None

ABSENT: Councilmember O’Connor, Mayor Pro Tem Bloom

PERMITTED USES ON RIGHT-OF-WAY

Mayor Katz was excused at 9:32 p.m.

7-E: Introduction and first reading of ordinance amending Section 9.04.10.02.340 of the Municipal Code to authorize the placement of furniture, portable landscaping, and cigarette disposal receptacles within the public right-of-way and the display of merchandise in private vestibules, was presented.

There was no one present for public comment.

Sr. Land Use Attorney Barry Rosenbaum advised that a provision inadvertently retained and listed as Section D on page 6 of the ordinance, related to cigarette refuse receptacles, is to be deleted because the Smoking Ordinance makes a provision for the same.

Motion by Councilmember Holbrook, seconded by Mayor Katz, to introduce ordinance for first reading, deleting Section D on page 6 of the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Shriver, Genser, McKeown

NOES: None

ABSENT: Councilmember O’Connor, Mayor Pro Tem Bloom, Mayor Katz

CONSTRUCTION RATE

Mayor Katz returned at 9:38 p.m.

Mayor Pro Tem Bloom arrived at 9:41 p.m.

7-F: Introduction and first reading of an interim ordinance extending an initial interim ordinance clarifying that only one new multi-family construction project is allowed within a five hundred foot radius in the City’s multi-family residential districts, was presented.

There was no one present for public comment.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to introduce the ordinance amended to include wording that an exempt project that has the same effects on a neighborhood as any other piece of construction should prevent a subsequent project from taking place; changing the expiration date of the ordinance to after December 31, 2008, and directing staff to return with a report to Council by September 2008 from the City’s new Building Official with information on other cities’ practices. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember O’Connor

STAFF ITEMS:

SPECIAL JOINT MEETING WITH THE REDEVELOPMENT AGENCY

On order of the Mayor, the City Council recessed at 9:50 p.m., to a joint meeting with the Redevelopment Agency.

8-A: Parking Structures 7 and 8 proposed façade improvement; conversion to attendant parking - recommendation that the Redevelopment Agency direct staff to implement changes necessary to convert the parking structures to attendant parking, and authorize valet parking; provide direction on proposed façade improvement designs; direct staff to prepare Agreement No. 8900 (RAS/CCS) assigning responsibility of leasing and management of proposed pedestrian oriented retail uses to Macerich; direct staff to negotiate terms with Macerich for construction of proposed parking attendant and façade improvements; and provide direction on desired timing of proposed streetscape improvements on Colorado Avenue. Recommendation that City Council authorize the City Manager to negotiate and execute an amendment to Contract No. 8551 (CCS) with Pugh & Scarpa, in the amount of $240,000, for the completion of schematic design services and related work, was presented.

There was no one present for public comment.

Motion by Agency Member Genser, seconded by Chair Katz, to approve the Redevelopment Agency recommendation, amended to direct staff to ensure the uses and the lease spaces on the ground floors of the parking structures are proper; that the Architectural Review Board pay particular attention to the massing and solar panel structures and consider moving them in-board to lessen the perceived mass; and, to also consider having a small strip of landscaping adjacent to the structure where there are no retail or display uses along Colorado Avenue. The motion was approved by the following vote:

AYES: Agency Members McKeown, Genser, Shriver, Holbrook, Chair Pro Tem Bloom, Chair Katz

NOES: None

ABSENT: Agency Member O’Connor

Motion by Councilmember Genser, seconded by Mayor Katz to consider the comments made by the Bayside District that various structures need to work together as a system, aesthetically and in terms of quality, and in a proper way to report to Council to assure the issue is considered as Council moves forward with other structures. The motion was unanimously approved by voice vote, with Councilmember O’Connor absent.

Motion by Mayor Katz, seconded by Councilmember Genser, to authorize the City Manager to negotiate and execute a contract with Pugh & Scarpa. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember O’Connor

ADJOURNMENT OF JOINT MEETING

On order of the Mayor, the Special Joint Meeting was adjourned and the City Council recessed to consider the following closed session at 10:19 p.m.

CLOSED SESSION:

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

On order of the Mayor, the City Council reconvened at 11:00 p.m., with Councilmember O’Connor absent, to take the following action:

Motion by Mayor Pro Tem Bloom, seconded by Councilmember Holbrook, to settle the above case about contingency fees in the amount of $55 million, a 22% contingency on the recovery from the oil companies in the MTBE litigation, payable to the defendants Baron & Budd, and authorize the City Manager to execute Settlement Contract No. 8899 (CCS) and any related documents. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember O’Connor

BICKNELL “GREEN STREET” PROJECT

Councilmembers Holbrook and Shriver were excused at 11:10 p.m.

8-B: Concept Design, modification of Professional Services Agreement for the Bicknell Avenue “Green Street” Project – recommendation that Council review the concept design options and provide input on the development of a preferred concept design option; authorize the City Manager to negotiate and execute a modification to the professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $106,000, for design services of the Project; and appropriate $106,000 from the Stormwater fund balance for the professional services agreement with Kimley-Horn and Associates, was presented.

There was no one present for public comment.

The Mayor advised that because an appropriation of funds was being recommended, and because an appropriation requires a minimum of five votes from the Council, and there being only four Councilmembers present, this matter was continued to March 25, 2008.

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 March 25, 2008.

ARB APPOINTMENT

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

On order of the Mayor, the floor was opened for nominations.

Councilmember Genser nominated John R. Ellis. There being no other nominations, Mr. Ellis was appointed by acclamation, with Councilmembers Shriver, Holbrook and O’Connor absent.

COUNCIL RULES

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 March 25, 2008.

CURB-SIDE CHARGING ELECTRIC VEHICLES

13-D: Request of Mayor Katz and Councilmember McKeown to direct staff to investigate appropriate curb-side charging options for electric vehicles, including chargers in residential neighborhoods installed at property-owner expense; and to return to Council with suggested ordinance amendments to allow such installations, was presented.

There was no one for public comment.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with Councilmembers O’Connor, Holbrook, and Shriver absent.

DISABILITIES COMMISSION

13-E: Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending June 30, 2010.

On order of the Mayor, this matter was continued to March 25, 2008.

PROPOSITION 98

13-F: Request of Councilmember Genser that the council direct the City Attorney to prepare an impartial analysis of the effects on the City of Proposition 98 on the June statewide ballot, was presented.

There was no one for public comment.

Motion by Councilmember Genser, seconded by Councilmember McKeown, to approve request. The motion was unanimously approved by voice vote, with Councilmembers O’Connor, Holbrook, and Shriver absent.

SAVE OUR STATE PARKS

13-G: Request by Councilmember Shriver that Council adopt a resolution supporting the “Save Our State Parks” Campaign and urging rejection of proposed State Parks budget cuts.

On order of the Mayor, this matter was continued to March 25, 2008.

PUBLIC INPUT:

Members of the public M. Ross and Art Casillas expressed various concerns.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 11:44 p.m., in memory of Jack Barker, Charlotte Tarbet, Tulio Filipone, and Margo Alofsin.

ATTEST: APPROVED:

Maria M. Stewart Herb Katz

City Clerk Mayor