M-2/28/2006
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 28, 2006
A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at
6:07 p.m., on Tuesday, February 28,2006, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Robert T. Holbrook
Mayor Pro Tern Bobby Shriver
Councilmember Richard Bloom
Councilmember Herb Katz
Councilmember Kevin McKeown
Absent:
Councilmember Pam O'Connor
Councilmember Ken Genser
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE On order of the Mayor, the City Council convened at 6:07 p.m., with
Councilmembers O'Connor and Genser 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.
The following members of the public spoke in support of Item I-G: Mary
Hubbell, Robin Nurez, Gerald Jones, Susan Dirende, Georja Vmano Jones,
and Garber.
The following members of the public spoke in opposition to Item I-G:
Chuck Almdale and Lisa Colabello.
The following members of the public commented on various Consent items:
Joey Fullmer, Pro Se, Joe Natoli, Kevin Nurakami and Susan Kigawa.
At the request of Mayor Pro Tern Shriver, Items I-G, I-F and l-E were
removed from the Consent Calendar. At the request of Councilmember
Bloom, Item I-D was removed from the Consent Calendar.
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February 28, 2006
SANTA MONICA STATE
BEACH
1228 21sT STREET
UCLA/BBB FARE
AGREEMENT
PIER RESTROOM
Motion by Councilmember McKeown. seconded by Councilmember Katz,
to approve all items on the Consent Calendar, except Items I-D, l-E, I-F,
and I-G, reading resolutions by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers McKeown, Katz, Bloom, Mayor Pro Tern
Shriver, Mayor Holbrook
None
Councilmembers Genser, O'Connor
NOES:
ABSENT:
I-A: Operating Agreement for Santa Monica State Beach-
recommendation to authorize the City Manager to negotiate and execute
Agreement No. 8562 (CCS) with the State of California Department of
Parks and Recreation for development, operation, control and maintenance
of Santa Monica State Beach, was approved.
I-B: Resolution No. 10114 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING A FINAL SUBDIVISION
MAP FOR PARCEL NO. 061468 TO SUBDIVIDE A PROPERTY FOR A
4-UNIT CONDOMINIUM PROJECT AT 1228 21ST STREET," was
adopted.
l-C: Big Blue Bus UCLA fare agreement - recommendation to approv~
Agreement No. 8563 (CCS) for an average charge of$.69 for local service
and $1.67 for express service for each boarding by UCLA students, faculty
and staff, was approved.
I-D: Pier Restroom Replacement - recommendation that the City
Council authorize the City Manager to negotiate and execute Agreement
No. 8564 (CCS) with AZ Architecture Studio, Inc., in the amount of
$248,000, for architectural and engineering services related to the project,
was presented.
Councilmember Bloom advised he removed this item from the Consent
Calendar to ask whether the project was being reviewed by the Planning
Commission or the Architectural Review Board. Staff responded to
questions of Councilmembers.
Motion by Councilmember Bloom.. seconded by Mayor Holbrook, to
approve recommendation, amended to suggest to the Landmarks
Commission that the Architectural Review Board provide preliminary
review in advance to Planning Commission review. The motion was
approved by the following vote:
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February 28, 2006
INVESTMENT POLICY;
DELEGATION OF
AUTHORITY
120 COLORADO-
SEWER
AYES:
Councilmembers McKeown, Katz, Bloom, Mayor Pro Tern
Shriver, Mayor Holbrook
None
Councilmembers O'Connor, Genser
NOES:
ABSENT:
l-E: Investment Policy, Delegation of Investment Authority, and
resolution related to Bank and Brokerage Accounts and persons
authorized to conduct transactions with the State Local Agency
Investment Fund - recommendation to approve the revised Investment
Policy, extend delegation of investment authority to the Chief Financial
Officer; and adopt Resolution No. 10115 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE 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 presented.
Mayor Pro Tern Shriver advised he removed this item from the Consent
Calendar to ask if individuals executing the transactions have any restrictions
on their ability to do business with the firms with whom they are executing
the transactions. Staff answered questions from Councilmembers.
Motion by Mayor Pro Tern Shriver. seconded by Councilmember Katz, to
approve recommendation, reading the resolution by title and waiving further
reading thereof, and amending the last sentence of paragraph 6, on page 3 of
the policy to read: "with the same individual, or firm, with whom business is
conducted on behalf ofthe City." The motion was approved by the
following vote:
AYES:
Councilmembers Bloom, Katz, McKeown, Mayor Pro Tern
Shriver, Mayor Holbrook
None
Councilmembers O'Connor, Genser
NOES:
ABSENT:
I-F: Sewer Easement at 120 Colorado Avenue - recommendation to
authorize staff to explore the possible acquisition of a sewer easement at 120
Colorado Avenue, and authorize the City Manager to negotiate and execute
Contract No. 8565 (CCS) with Black & Veatch Corporation, in the amount
of$800,000, for project design services, was presented.
Mayor Pro Tern Shriver advised he removed this item from the Consent
Calendar to ask questions related to the bid process and selection, due to the
fact that only one bid was submitted for the project. Staff responded to
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February 28, 2006
DOG BEACH PILOT
PROGRAM
CLOSED SESSIONS:
questions from Councilmembers, and will provide additional information.
Motion by Councilmember Katz. seconded by Councilmember Bloom, to
approve recommendation. The motion was approved by the following vote:
AYES:
Councilmembers McKeown, Katz, Bloom, Mayor Pro Tern
Shriver, Mayor Holbrook
None
Councilmembers O'Connor, Genser
NOES:
ABSENT:
I-G: Support of AB 359 - Dog Beach Pilot Program at Dockweiler
State Beach - recommendation to authorize a letter in support of AB 359,
and adopt Resolution No. 10116 (CCS) entitled: "RESOLUTION OF THE
CITY OF SANTA MONICA IN SUPPORT OF AB 359, ESTABLISHING
A PILOT DOG BEACH PROGRAM AT DOCKWEILER STATE BEACH
AND REQUESTING THAT SUCH LEGISLATION BE EXPANDED TO
INCLUDE SANTA MONICA STATE BEACH," was presented.
City Manager Ewell recommended amending the proposed resolution by
replacing the word "guardian" with the word "owner" throughout the
document.
Motion by Councilmember Katz. seconded by Councilmember McKeown,
to approve the recommendation and adopt the resolution, amended as
suggested by the City Manager, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Katz, McKeown, Mayor Pro Tern Shriver,
Mayor Holbrook
Councilmember Bloom
Councilmembers O'Connor, Genser
NOES:
ABSENT:
On order of the Mayor, the City Council recessed to closed sessions at 7:28
p.m., and returned at 8:29 p.m., with Councilmembers Genser and
O'Connor absent, to report the following:
2-A: Property: 120 Colorado Avenue
City Negotiator: Miriam Mack
Under Negotiation: Interest in Real Property
Owner of Record: Felcor Hotel Asset Company, LLC
ACTION:
Case heard; no reportable action taken.
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February 28,2006
ORDINANCES:
BUSINESS EMPLOYEES
PARKING PERMITS
2-B: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica. et al.. v. City of Los Angeles (Playa Capital Company.
Real Party in Interest), Case No. BS 093 502 [Related to Case No. BS
093 507.
ACTION: City Attorney Moutrie advised the City Council had decided
to take an appeal on this matter.
2-C: Conference with Legal Counsel- Existing Litigation: Coalition
for a Livable Santa Monica v. City of Santa Monica, Case No. SS 013
463.
ACTION:
Case heard; no reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: Stewart
Lamie v. City of Santa Monica, Case No. 04-06355 (SB).
ACTION:
Case not heard.
2-E: Conference with Legal Counsel - Existing Litigation: Betty
Robinson v. City of Santa Monica, Case No. SC 086 327.
ACTION:
Case not heard.
2-F: Conference with Legal Counsel: Anticipated Litigation.
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(b): Claim of Palisades Beach Road Property
Owners' Association that proposed renovation of 415 PCB conflicts
with Proposition S, and one dispute related to real property at 161
Ocean Park Boulevard.
ACTION: Case related to 415 Pacific Coast Highway was heard; no
reportable action was taken.
7-A: Introduction and first reading of an ordinance adding Chapter
3.10 to the Municipal Code to authorize the issuance of preferential
parking permits for certain specified businesses; resolution amending
Preferential Parking Zones G, K, 0, DD, TT, YY and ZZ and
amending Resolution 9344 (CCS), was presented.
Councilmembers Katz and Bloom stated, for the record, that they lived in
proximity of one of the areas of the proposed ordinance, and after having
discussed the matter with the City Attorney, each felt there was no conflict
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February 28, 2006
of interest with participating in this matter.
The following members of the public expressed concerns related to the
proposed ordinance: Thomas Elias, Zina Josephs, Emmalie Hodgies, Joe
Natoli, Jerry Rubin, Christian Boyce, and Brian Varnum.
Members of the public Bob Dalbinstri, Pooja Bhagat, Laurie Groehler,
Bruce Ettinger, Gary Gordon, Marla Kraus, Simone Barth, Charles
Donaldson, Tom Larmore, Lee Fox, and Michele Enck spoke in support of
the proposal and offered suggestions.
Considerable discussion ensued on the merits of the proposal and the points
made during public comment.
Motion by Councilmember Bloom. seconded by Councilmember Katz, to
introduce ordinance for first reading with the points listed on pages 16-17 of
the staff reports as follows:
1. Introduce on first reading an Ordinance to create a pilot on-street
business employee permit parking on a limited and targeted basis in certain
areas of the City, choosing the blocks upon which they wish to implement
this trial program.
4. Affirm that the Preferential Parking Ordinance authorizes staff to establish
appropriate parking restrictions for each zone, and that authority allows stafl
to leave street frontage abutting side yards without posted regulations in
certain cases, in order to reduce potential displacement of non-resident
vehicles to other residential areas.
5. Direct staff to hold a neighborhood meeting with neighbors along (and
north of) Alta Avenue to consider the petition from residents of the 1100
block of Alta Avenue and to allow preferential parking for two spaces only
in front of homes whose primary entrance is on Alta Avenue.
The motion includes an amendment to the ordinance, to delete all the streets
listed on page 3 and the first street on page four, leaving the 2nd through the
7th streets on the list, and deleting the last 8 streets. The motion, as
amended, was approved by the following vote:
AYES:
Councilmembers McKeown, Katz, Bloom, Mayor Pro Tern
Shriver, Mayor Holbrook
None
Councilmembers Genser, O'Connor
NOES:
ABSENT:
Motion by Councilmember Bloom. seconded by Councilmember Katz, to
adopt the resolution amending preferential parking zones.
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February 28, 2006
DEVELOPMENT
STANDARDS
STAFF ITEMS:
DOWNTOWN PARKING
PROGRAM
Discussion ensued on the impacts and the benefits to the residents,
businesses, and neighborhoods, of adopting the resolution. After
considerable discussion, it was the consensus of Council to continue
adoption of the resolution to a future meeting to allow staff to analyze the
points made and concerns expressed by the public. The motion was
withdrawn.
Motion by Councilmember Bloom. seconded by Councilmember Katz, that
as related to recommendation number three in the staff report, Council
affirm that because implementing preferential parking regulations on
additional blocks north of the Montana Avenue business district will likely
create unreasonable displacement of non-resident vehicles onto surrounding
residential areas, no additional preferential parking should be implemented
on the blocks north of Alta between Lincoln Boulevard and 17th Street,
with the exception of up to two spaces on Alta Avenue in front of each
residence with a front yard on Alta Avenue. The motion was approved by
the following vote:
AYES:
Councilmembers Katz, Bloom, Mayor Pro Tern Shriver,
Mayor Holbrook
Councilmember McKeown
Councilmembers Genser, O'Connor
NOES:
ABSENT:
Councilmember McKeown stated, for the record, that he voted in opposition
because he believes that residents in all parts of the City should have equal
rights with respect to preferential parking.
7-B: Introduction and first reading of an ordinance modifying
development, design, and ofT-street parking standards for projects
developed within the BSCD, C3 and C3C zoning districts, including,
but not limited to design standards for ground floor heights, building
streetfronts, landscaping, sidewalls adjacent to historic resources,
development review thresholds, and ofT-street parking and access
requirements.
On order of the Mayor, this matter was continued to a future meeting.
8-A: Downtown Parking Program - recommendation to: adopt
Resolution No. 10117 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA CERTIFYING THE FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT"; adopt resolution making
necessary CEQA findings, and adopting a Statement of Overriding
Considerations and Mitigation Monitoring and Reporting Program; approve
7
February 28, 2006
415 PCH DESIGN
the Downtown Parking Program; and authorize staff to proceed with next
steps to implement the Downtown Parking Program, including the
procurement of design services, was presented.
Members of the public Joey Fullmer, Ellen Brennan, Linda Sullivan, and
Arthur Harris discussed various aspects of the program.
Motion by Councilmember Katz. seconded by Mayor Holbrook, to adopt
the resolution certifying the Final EIR. The motion was approved by the
following vote:
AYES:
Councilmembers McKeown, Katz, Bloom, Mayor Pro Tern
Shriver, Mayor Holbrook
None
Councilmembers Genser, O'Connor
NOES:
ABSENT:
Motion by Councilmember Katz. seconded by Mayor Holbrook, to adopt a
resolution making CEQA findings, adopting Statement of overriding
considerations and mitigation monitoring and reporting program.
Substitute motion by Councilmember McKeown.. seconded by
Councilmember Bloom, to adopt the resolution including Option 3-B in the
EIR. The motion failed by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, McKeown, Mayor Pro Tern Shriver
Councilmember Katz, Mayor Holbrook
Councilmembers Genser, O'Connor
The main motion failed by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Katz, Mayor Holbrook
Councilmembers McKeown, Bloom, Mayor Pro Tern Shriver
Councilmembers Genser, O'Connor
Motion by Mayor Pro Tern Shriver. seconded by Councilmember Bloom, to
table the remainder of this matter to a future meeting when there is a full
Council. The motion was approved by a majority vote, with Council-
members McKeown and Katz voting in opposition, and Councilmembers
Genser and O'Connor absent.
8-B: 415 Pacific Coast Highway Design - recommendation that the City
Council approve the refined Schematic Design and operating parameters and
provide policy direction in developing the final Operating Plan for the site at
8
February 28,2006
COUNCIL ITEMS:
APPOINTMENT
CLEAN MONEY ACT
415 Pacific Coast Highway was presented.
The following members of the public commented on various issues
including, but not limited to maintenance costs, traffic, access to the facility,
security, historic value, and a possible traffic signal: Jerry Rubin, Marcello
Vavala, George Rosenthal, Tom Snyder, Chuck Levy, Joseph Melchione,
Joe Natoli, and Mitch Lachman.
Motion by Councilmember Bloom. seconded by Mayor Pro Tern Shriver, to
approve staff recommendation.
Motion to amend by Councilmember Katz. seconded by Mayor Pro Tern
Shriver to add a condition of security to be provided as proposed in the staff
report, and pursue the installation of a signal by Cal- Trans. The motion was
accepted as friendly.
The motion, as amended, was approved by the following vote:
AYES:
Councilmembers Bloom, Katz, McKeown, Mayor Pro Tern
Shriver, Mayor Holbrook
None
Councilmembers O'Connor, Genser
NOES:
ABSENT:
13-A: Appointment to one annual vacancy as the Santa Monica
representative to the Los Angeles County West Vector Control District.
On order of the Mayor, the floor was opened for nominations.
Councilmember Katz nominated incumbent Nancy Greenstein to an
additional two-year term. There being no other nominees, Ms. Greenstein
was appointed by acclamation, with Councilmembers Genser and O'Connor
absent.
13-B: Request of Councilmember McKeown that, in support of "clean
money" public financing of candidates for state office, and pursuant to
a request by the Santa Monica Commission on the Status of Women,
that the Council support AD 583, the "California Clean Money and
Fair Elections Act," and convey the City's support to the Governor and
appropriate state legislators, meanwhile directing staff to study the
clean money campaign concept and other related legislative efforts to
assess how a similar voter-empowering public financing system could
be implemented in Santa Monica, was presented.
9
February 28,2006
Members of the public Tia Skulski and Trent Lange spoke in support of the
request.
Motion by Councilmember McKeown. seconded by Councilmember Bloom,
to approve request. The motion was unanimously approved by voice vote,
with Councilmembers Genser and O'Connor absent.
PIER RESTORATION
CORPORATION
13-C: Appointment to one annual vacancy on the Pier Restoration
Corporation for a term ending November 10, 2009.
On order of the Mayor, this matter was continued to March 14, 2006.
CHAMBER FEE WAIVER 13-D: Request of Mayor Holbrook that the City Council waive
customary fees for use of Council Chambers to allow the California
Regional Water Quality Control Board to hold a hearing of the State of
California on Thursday, May 11,2006, from 9:00 a.m., to 5:00 p.m.,
was presented.
Motion by Councilmember Bloom. seconded by Councilmember Katz, to
approve request. The motion was unanimously approved by voice vote,
with Councilmembers Genser and O'Connor absent.
PUBLIC INPUT:
Member of the public Pro Se expressed various concerns.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:55
a.m.
ATTEST:
~
APPROVED:
~;:~
Maria M. Stewart
City Clerk
Robert T. Holbrook
Mayor
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February 28,2006