City Council Meeting: March 25,
2008
Agenda Item: 1-A
(NOT APPROVED)
CITY OF
CITY COUNCIL MINUTES
FEBRUARY 19, 2008
MARCH 11, 2008
(SPECIAL MEETING)
A special meeting of the
Santa Monica City Council was called to order by Mayor Katz at 5:49 p.m., on
Tuesday, February 19, 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 Bobby
Shriver (arrived at 6:30 p.m.)
Absent: Councilmember Pam O’Connor
Also Present: City
Manager P. Lamont Ewell
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 Shriver and O’Connor
absent. Deputy City Manager Mona
Miyasato led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR:
All items were considered and
approved in one motion unless removed by a Councilmember for discussion.
Member of the public Joey
Fullmer expressed various concerns.
Motion by Councilmember
Genser, seconded by Councilmember Holbrook, to approve all items on the Consent Calendar as presented, reading
resolutions by title only and waiving further reading thereof. The motion was unanimously approved by voice
vote, with Councilmembers Shriver and O’Connor absent.
1-A: Statement of Official Action taken on appeal of the Landmarks
Commission's denial of Certificate of Appropriateness for reconstruction of
brick work at a designated City Landmark at 2402 4th Street, Unit 4, was
approved.
CLOSED SESSIONS:
Councilmember Shriver
arrived at 6:30 p.m.
On order of the Mayor, the
City Council recessed at 5:54 p.m., to consider closed sessions and reconvened
at 6:51 p.m., with Councilmembers McKeown, Genser, and O’Connor absent, to
report the following:
2-A: Conference with Legal Counsel – Existing Litigation: Erik
Korjus v. City of
Motion by Councilmember
Holbrook, seconded by Mayor Pro Tem Bloom, to approve Settlement No. 8891 (CCS), in the amount of $75,000. The motion was approved by the following
vote:
AYES: Councilmembers
Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: None
ABSENT: Councilmembers
McKeown, Genser, O’Connor
2-B: Conference with Legal Counsel – Existing Litigation: Abraham
Supino v. City Of
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel – Existing Litigation: Erik
Korjus v. City of
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: In the
Matter of Compliance with Federal Obligations by the City of
ACTION: Heard. No reportable action taken.
2-E: Anticipated Litigation: Anticipate significant
exposure to litigation pursuant to Government Code Section 54956.9(b):
ACTION: Not Heard.
APPEALS:
FICUS TREES - 2ND
AND 4TH STREETS
Councilmembers McKeown and
Genser returned at 6:55 p.m.
6-A: Appeals of Landmarks Commission denial of Landmark
Applications for the ficus trees located on the east and west sides of 2nd and
4th Streets - recommendation to deny appeals and uphold the Landmark
Commission's decision to deny Landmark designation applications based on the
findings set forth by the Landmarks Com-mission, was presented.
Appellant Jerry Rubin presented
his appeal and spoke in support of saving the trees.
Don Patterson, on behalf of
the
Members of the public Joey
Fullmer, Shepherd Girion, Woody Girion, David Bischke, Nancy Lawrence, Katy
Dougherty, Catilyn Dana, Phill Truesdell, Dan Jansenson, Andrea Drever, Gloria
Lambden, Mark Gibney, Gillian Ware, Louise Steiner, Marissa Rubin, Malia Lewis,
Cosmo Bua, Colette Divine, Shahan Ibrahm, Sally Silverstein, Lawrence Kolb,
Julia Bader, Jacob Quinn, Jonathan Mann, Susan McCory, John Quigley, Lorraine
Sanchez, Chris Paine, Kate Holt, Susan Hartley, Michael Lindley, Hillary Kaye,
Jason Oliver, Jacqueline Bailey, Joe Natoli, Michael Mihaly, Katie Rogers, Nick
Baggarly, Merilyn Tiangao, John Nicoll, Alec Richker, Dick Orton, Grace Devies,
Julia Jaye, Onyay Pheori, Louisa Fish, Brian Hutchings, Karin Gutman, Nina
Fresco, Charles Fredricks, Jethro Singer, and Tom Nitti spoke in support of
saving the trees.
There was no rebuttal
provided by
Appellant Jerry Rubin
presented a rebuttal in support of the appeal.
Motion by Mayor Pro Tem
Bloom, seconded by Councilmember Genser,
to deny appeal and uphold the decision of the Landmarks Commission. The motion was approved by the following
vote:
AYES: Councilmembers
Genser, Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz
NOES: Councilmember
McKeown
ABSENT: Councilmember
O’Connor
Councilmember McKeown stated,
for the record that his “no” vote reflects his dismay that the motion failed to
include direction for agendizing reconsideration of the underlying issue and he
cannot, in conscience, go along with Council majority’s desire to use public
money against public opinion to remove healthy trees.
STAFF ITEMS:
MID-YEAR BUDGET
8-A: Mid-Year 2007-08 Budget - recommendation to appropriate
proposed budget changes and adjust revenue budgets; adopt Resolution No. 10273
(CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING
CLASSIFICATION AND SALARY RATES”; approve the position and classification
changes proposed; and hold a public hearing and approve a second amendment to
the FY 2007-08 CDBG and HOME program One-Year Action Plan, was presented.
The following members of the
public spoke in support of various projects: Joey Fullmer, Russell Sydney,
Jennifer Kennedy, and Zina Josephs.
Motion by Councilmember
Genser, seconded by Councilmember McKeown, to approve staff recommendation to appropriate proposed budget
changes and adjust revenue budgets; adopt resolution; approve the position and
classification changes proposed; and hold a public hearing and approve a second
amendment to the FY 2007-08 CDBG and HOME program One-Year Action Plan. 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
Motion by Councilmember
Genser, seconded by Mayor Katz, to
ask staff to not allocate the available $5.8 million for any particular
expenditure and keep it as an additional fund balance in the proposed budget
coming forward. 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
FINANCIAL FORECAST &
BUDGET PRIORITIES
8-B: Five Year financial forecast, budget priorities, and
discussion of community priorities for FY 2008-09 budget development -
recommendation to receive the five-year forecast as background for development
of the FY 2008-09 budget; receive public comment on budget priorities; and give
direction to staff on Community Priorities to guide the development of the FY
2008-09 budget and FY 2009-10 budget plan, was presented.
Members of the public Barry
Seid, Asuka Hisa, Tom Beaulieu, Daniel Jansenson, Hara Beck, Louisa Fish,
Catherine Eldridge, Crystie Lawsoe, David Auch, Nina Fresco, Lori Nafshun, Emma
Lewis Thomas, Brian Hutchings, Joe Natoli, Phyllis Green, Leigh Curran, Susan
Suntue, Fred Dewey, Jan Williamson, Marcus Kuiland-Nazario, Judy Abdo, Zina
Josephs, Jerry Rubin, Susan Fraser, and Susan Hartley spoke in support of
funding for various programs and projects including but not limited to the
arts, child care, infrastructure, and green space.
Discussion ensued on the
public comments received, on the next fiscal year’s budget and on existing
programs and future needs. Staff was
advised to take direction from points made during Council’s discussion.
On order of the Mayor, the
information was received and filed.
BAN ON PLASTIC BAGS
8-C: 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 carry-out 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.
On order of the Mayor, this
matter was continued to a future meeting.
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.
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.
13-C: Request of Councilmember Genser that the Council direct the
City Attorney to return with a draft ordinance for Council consideration that
would (1) lower the threshold to 35% of the owners of properties to be assessed
to initiate a ballot measure on the formation of a Property Based Assessment
District, and (2) allow a Property Based Assessment District to be established
for a term of 30-years, was
presented.
Member of the public Joe
Natoli spoke in opposition of the request.
Motion by Councilmember
Genser, seconded by Mayor Katz, to
approve request, amended to leave blank the percentage and the number of years
proposed, and directing staff to return with information on assessments for
non-profits. The motion was unanimously
approved by voice vote, with Councilmember O’Connor absent.
ADJOURNMENT: On order of
the Mayor, the City Council meeting was adjourned at 12:37 a.m. to February 26,
2008, in memory of Nicole Flaten, Iris Hogan, and William “Bill” Hooper.
ATTEST: APPROVED:
Maria M. Stewart Herb
Katz
City Clerk Mayor