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.
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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.
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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.
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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
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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.
.:."..
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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.
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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
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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
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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:
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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.
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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
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February 22,2005