Loading...
M-2/22/2005 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 22, 2005 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:45 p.m., on Tuesday, February 22,2005, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Mayor Pro Tern Herb Katz Councilmember Richard Bloom Councilmember Ken Genser Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Bobby Shriver (arrived at 7:00 p.m.) Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:45 p.m., with Councilmember Shriver absent. Councilmember McKeown 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. Members of the public Joey Fullmer, Joe Natoli and Jerry Rubin commented on various Consent Cl!lendar Items. At the request of the Mayor, Item I-A was removed from the Consent Calendar to allow Councilmember Shriver to participate in the vote after he amves. At the request of Councilmember McKeown, Item I-B was removed from the Consent Calendar. At the request of Councilmember Holbrook, Item I- n was removed from the Consent Calendar. At the request of Mayor Pro Tern Katz, Item l-E was removed from the Consent Calendar. 1 February 22, 2005 Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, to approve all items on the Consent Calendar as presented except Items I-A, I-B, I-D, and l-E, reading resolutions and ordinances by title only and waiving further reading thereof The motion was approved by the following vote: AYES: CounciImembers Bloom, McKeown, Holbrook, Genser, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember Shriver NOES: ABSENT: CHILD CARE NEXUS l-C: Nexus study between new development and child care needs- recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7950 (CCS) with Keyser Marston Associates, in the amount of$18,000 for a total of$I13,OOO, to complete preparation of nexus study, was approved. INVESTMENT POLICY I-F: City Investment Policy - recommendation to approve the proposed Investment Policy, extend delegation of investment authority to the Director of Finance/City Treasurer for the period March 1,2005 through February 28,2006, and adopt Resolution No. 10018 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING ESTABLISHMENT AND USE OF BANK AND BROKERAGE ACCOUNTS AND UPDATING THE LIST OF PERSONS AUTHORIZED TO CONDUCT TRANSACTIONS WITH THE STATE LOCAL AGENCY INVESTMENT FUND," was approved. GRANT FUNDS I-G: Homeland Security Grant Funds - recommendation to accept $82,024.37 in supplemental grant funds from the County of Los Angeles Office of Emergency Management (Amendment to Contract No. 8385 (CCS)) to further enhance homeland security efforts and approve proposed appropriation and budget adjustments, was approved. ERUV I-H: Resolution No. 10019 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO ENTER INTO LICENSING AGREEMENT NO. 8453 (CCS) WITH THE LOS ANGELES ERUV COMMITTEE RELATING TO THE CREATION OF AN ERUV, A COASTAL DESIGNATION FOR THE EXERCISE OF RELIGIOUS FREEDOM," was adopted. 2 February 22,2005 MEA MOU MTA MOU FIREFIGHTERS MOU SANTA MONICA PLACE CONSULTANT SERVICES AERIAL FIRE LADDER TRUCK I-I: Resolution No. 10020 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES ASSOCIATION," was adopted. 1-J: Resolution No. 10021 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT TEAM ASSOCIATES," was adopted. 1-K: Resolution No. 10022 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA FIREFIGHTERS, LOCAL 1109, IAFF," was adopted. 1-B: Consultant services for redevelopment of Santa Monica Place- recommendation to authorize the City Manager to negotiate and execute Contract No. 8450 (CCS) with Moore Iacofano to design, implement, and facilitate a community outreach program; and Contract No. 8451 (CCS) with Keyser Marston Associates to perform financial analysis of the proposed project, with costs to be reimbursed by the Macerich Company (Contract No. 8452 (CCS)), was presented. Councilmember McKeown advised he removed this item from the Consent Calendar to ask questions regarding the scope of the project. Staff replied to questions from Councilmembers. Motion by CounciImember McKeown., seconded by Councilmember Genser, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Genser, Holbrook, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember Shriver NOES: ABSENT: 1-D: Purchase of Aerial Fire Ladder Truck - recommendation to waive competitive bidding, approve emergency purchase of one 100-foot tractor drawn aerial ladder truck from KME Fire Apparatus, in the amount of $783,798.85, and approve the proposed appropriation of funds, was presented. 3 February 22, 2005 Councilmember Holbrook advised he removed this matter from the Consent Calendar to request additional information regarding functions of the truck, on equipment, and on the bid process. Staff responded to questions from Councilmembers. Motion by Councilmember Genser. seconded by Councilmember Bloom, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Genser, Holbrook, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember Shriver NOES: ABSENT: CONSULTING SERVICES l-E: Services for downtown development design standards- recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8207 (CCS) with ROMA Design Group, in the amount of $45,382, for additional design standard services for downtown development, was presented. Councilmember Katz advised he removed this from the Consent Calendar to express his concern on the frequency that contracts return to Council for amendments and the need to be more prudent and determine the need at the initial contract phase. Motion by Councilmember Bloom. seconded by Councilmember Katz, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Holbrook, Genser, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember Shriver NOES: ABSENT: CLOSED SESSIONS: On order of the Mayor, the City Council recessed to consider closed sessions at 6:08 p.m., and reconvened at 6:50 p.m., with Councilmember Shriver absent, to report the following: 2-A: Conference with Labor Negotiator. City Negotiator: Karen Bancroft, Director of Human Resources Bargaining Units: Management Team Associates Supervisory Team Associates 4 February 22,2005 Administrative Team Associates Municipal Employees Association Public Employees Union Public Attorneys' Legal Support StatTUnion United Transportation Union, Local 1785 Santa Monica Firefighters, Local 1109 Executive Pay Plan The City Attorney reported that this matter was heard, and no reportable action was taken. 2-B: Conference with Legal Counsel- Existing Litigation: Aljean Barmetz v. City of Santa Monica, Case Number SC 081 725. The City Attorney reported that this matter was not heard. 2-C: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Stewart, Case No. SC 067 033. The City Attorney advised that this case involves an attempt by the City to obtain a ruling from a court on the constitutionality of the Oaks Initiative which was approved by the voters as Proposition LL in November 2000, and that the case recently lost on a procedural issue and not on the merits. The City Attorney recommended that Council consider petitioning for review by the Supreme Court. On order of the Mayor, and without opposition, staffwas directed to petition the Supreme Court for review. Councilmember Shriver was absent. Motion by Councilmember McKeown. seconded by Councilmember Genser, to direct staff to place this matter on a future agenda for discussion so that the public is aware what the City is doing regarding the Oaks Initiative and why. The motion was unanimously approved by voice vote, with Councilmember Shriver absent. 2-D: Conference with Legal Counsel- Existing Litigation: Arturo Gonzalez v. City of Santa Monica, Case No. CV 99-05409. The City Attorney advised that this matter was not heard. .:.".. 5 February 22, 2005 2-E: Conference with Legal Counsel- Anticipated Litigation. Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): two potential cases related to real property located at 1267 Pacific Coast Highway, and 161 Ocean Park Boulevard. The City Attorney advised that this matter was not heard. 2-F: Conference with Legal Counsel- Existing Litigation: Larry Verbit v. City of Santa Monica, Case No. SC 078 812. Motion by Councilmember Bloom.. seconded by Councilmember Genser, to approve settlement in the amount of $42,500. The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Holbrook, Genser, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember Shriver NOES: ABSENT: L-,G:' Conference with Legal Counsel- Existing Litigation: Feldman v. City of Santa Monica, Case No. CV 04-1152 SVW (CWx). Motion by Mayor O'Connor. seconded by Councilmember McKeown, to approve settlement in the amount of $75,000. The motion was approved by the following vote: AYES: Councilmembers Genser, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor Councilmember Holbrook Councilmember Shriver NOES: ABSENT: ADMIN. ITEMS: 921 19m STREET 6-A: Appeal of Landmarks Commission designation of the property located at 92119th Street as a City Landmark, and associated policy discussion regarding application of landmark designation criteria - recommendation that Council uphold the appeal and overturn the Landmarks Commission's decision to designate 921 19th Street as a City Landmark. On order of the Mayor, this matter is continued to a future meeting, at the appellant's request with the date of the hearing to be re-noticed. 6 February 22,2005 ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2151 (CCS) RESTAURANTS - OCEAN entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA PARK BOULEVARD AMENDING MUNICIPAL CODE CHAPTER 9 TO PERMIT RESTAURANTS WITH MORE THAN 50 SEATS IN THE C2 DISTRICT, ADJACENT TO OCEAN P ARK BOULEVARD BETWEEN 25TH STREET AND CENTINELA AVENUE, SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT," was presented. Councilmember Shriver arrived at 7:00 p.m. LIVING WAGE Motion by Councilmember McKeown. seconded by Councilmember Katz, to adopt the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: 7-B: Introduction and first reading of an ordinance of the City of Santa Monica adding Chapter 4.65 to the Municipal Code creating minimum wage requirements applicable to City Contractors, was presented. Member of the public Jerry Rubin spoke in support of the proposed ordinance. Motion by Councilmember McKeown.. seconded by Councilmember Bloom, to introduce the ordinance, reading by title only and waiving further reading thereof Motion to amend by Councilmember Holbrook. seconded by Mayor Pro Tern Katz, to amend the proposed living wage from $11.50 to $10.28 per hour. The motion failed by the following vote: AYES: NOES: Councilmember Holbrook, Mayor Pro Tern Katz Council members Genser, Shriver, McKeown, Bloom, Mayor O'Connor None ABSENT: Motion to amend main motion by Councilmember Shriver, to direct staff to return after one year with a cost analysis. The maker and seconder of the 7 February 22, 2005 MINUTES RESTAURANT CAP - BA YSIDE DISTRICT motion accepted the amendment as friendly. The motion, as amended, was approved by the following vote: AYES: Councilmembers Genser, Shriver, McKeown, Bloom, Mayor O'Connor Councilmember Holbrook, Mayor Pro Tern Katz None NOES: ABSENT: I-A: Approval of minutes of the January 25,2005, City Council meeting, was presented. Motion by Councilmember McKeown, seconded by Councilmember Shriver, to approve the minutes, as revised to Item 8-A - Santa Monica Place. Councilmember Shriver requested that he wanted the minutes to reflect that, relative to Councilmember Genser's statement for the record on that same item, he (Councilmember Shriver) did not vote to build I2-story towers and that the motion did not have that effect. Discussion ensued on Council's policy of placing members' statements on the record when not on the prevailing side of a motion, on Council's authority to correct minutes and to change minutes. Motion by Mayor O'Connor, to add to the minutes the comments made by Councilmemhers Shriver and Katz, in response to Councilmember Genser's statement for the record. In addition, the amended minutes to be hereby approved so they will not have to return to Council. The motion was accepted as friendly by the maker and seconder. The motion, as amended, was approved by voice vote, with Councilmembers Genser and Bloom voting in opposition, and with all members present. Councilmember Genser stated, for the record, that he voted against the motion because Council is opening a Pandora's box when putting miscellaneous comments in the minutes contrary to Council's rules, and it begins to obfuscate the fact that only perhaps half hour after telling the public that Council was going to start over Santa Monica Place with a blank slate Council indicated its intention to approve a draft specific plan that includes 85-foot high residential structures, 85,000 square feet of office space and 350 housing units. 7-C: Introduction and first reading of an ordinance amending Chapter 9 of the Municipal Code to eliminate the numerical cap on restaurants in the Bayside District and on the Promenade and expand 8 February 22, 2005 the types of establishments that can conduct alcohol sales in the Bayside District subject to Conditional Use Permit, to allow new restaurants with alcohol service in specified Bayside Districts to be administratively approved rather than requiring a CUP, and expanding the vending cart program subject to a license agreement; and Resolution No. 10023 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING THE BA YSIDE DISTRICT SPECIFIC PLAN TO ELIMINATE THE NUMERICAL CAP ON RESTAURANTS IN THE BAYSIDE DISTRICT, ALLOWING EXP ANDED OUTDOOR DINING AREAS ON THE PROMENADE, AND ADDING SIGNAGE STANDARD TO ALLOW FOR SIGNAGE FOR UPPER-LEVEL RESTAURANTS," were presented. Members of the public Joey Fullmer, Joe Natoli and Jerry Rubin commented on various aspects of the proposed ordinance. Motion by Councilmember GenseL seconded by Councilmember McKeown, to introduce the ordinance as recommended by staff Discussion ensued on the recommendations presented for restaurants with alcohol sales. Motion to amend by Councilmember GenseL seconded by Councilmember McKeown, to allow automatic approval for restaurants that sell only beer and wine, and requiring a discretionary permit review for other alcohol sales. The motion to amend failed by the following vote: ABSENT: Councilmembers McKeown, Genser Councilmembers Bloom, Holbrook, Shriver, Mayor Pro Tern Katz, Mayor O'Connor None AYES: NOES: Mayor O'Connor asked to include as a friendly amendment to the motion direction to staff to return quickly with a method to incorporate into the process periodic inspections and appropriate fees, and to notify applicants if any, that they will be subject to that program. The amendment was accepted as friendly. The main motion, as amended, was approved by the following vote: AYES: Councilmembers Genser, Shriver, Holbrook, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: 9 February 22, 2005 USE OF PUBLIC PROPERTY STAFF ITEMS: 1327-1337 OCEAN AVE. COUNCIL ITEMS: APPOINTMENTS Motion by Councilmember Bloom. seconded by Mayor Pro Tern Katz, to adopt the resolution, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Genser, Shriver, Holbrook, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: 7-D: Introduction and first reading of an ordinance amending Chapter 2.72 of the Municipal Code relating to fees for municipal services and payments to the City for the private commercial use of public property, was presented. Member of the public Joey Fullmer expressed various concerns. Motion by Mayor Pro Tern Katz. seconded by Councilmember McKeown, to introduce the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Genser, Shriver, Holbrook, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: 8-A: Discussion of concept plan for Development Agreement for properties at 1327-1337 Ocean Avenue - recommendation to discuss proposal and appropriateness of a Development Agreement for the redevelopment of these Sites amlprovide direction regarding the project's potential public benefits and negotiating points. On order of the Mayor, and at the request of staff, the item was withdrawn from the agenda. 13-A: Special vacancy appointments to the following boards and commissions: Commission for the Senior Community - one vacancy for a term ending June 30,2007. Personnel Board - one vacancy for a term ending June 30,2006. 10 February 22,2005 Pier Restoration Corporation - one vacancy for a term ending November 8, 2005. On order of the Mayor, this matter was continued to March 8, 2005. HOUSING COMMISSION 13-B: Appointment to one special vacancy on the Housing Commission for a term ending June 30, 2008. On order of the Mayor, the floor was opened for nominations. Councilmember McKeown nominated Father Mike Gutierrez. Mayor Pro Tern Katz nominated Alan Freeman. Father Michael Gutierrez was appointed by the following vote: Father Gutierrez: Councilmembers Genser, McKeown, Bloom, Mayor O'Connor Councilmembers Shriver, Holbrook, Mayor Pro Tern Katz Alan Freeman: PUBLIC INPUT: Member of the public Joe Natoli commented on various issues. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 8:46 p.rn., to March 8, 2005, in memory of Mildred Kiros, wife of Dr. George Kiros and long-time resident of Santa Monica. ATTEST: ~'~..4 Maria M. Stewart City Clerk APPROVED: ~~ I ~::A~'Connor Mayor 11 February 22,2005