M-3/28/2006
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 28, 2006
A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at
5:56 p.m., on Tuesday, March 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
Councilmember Pam O'Connor
Absent:
Councilmember Ken Genser
Also Present: Assistant City Manager Gordon Anderson
Assistant City Attorney Joseph Lawrence
City Clerk Maria M. Stewart
CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:56 p.m., with
Councilmember Genser absent. Assistant City Attorney Joseph Lawrence
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 and Joe Natoli expressed their views
regarding Consent Calendar items.
At the request of Mayor Pro Tern Shriver, Item I-B was removed from the
Consent Calendar.
Motion by Councilmember O'Connor. seconded by Councilmember
McKeown. to approve all items on the Consent Calendar except Item I-B,
reading resolutions by title only and waiving further reading thereof The
motion was approved by the following vote:
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March 28, 2006
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Katz, McKeown, O'Connor, Mayor
Pro Tern Shriver, Mayor Holbrook
None
Councilmember Genser
1248-1260 18th STREET I-A: Statement of Official Action for action taken on appeal for the
expansion of the Unitarian Univenalist Community Church of Santa
Monica at 1248-1260 18th Street, was approved.
UNIFORMS AND l-C: Recommendatien to award- Bid No. 1900, in an estimated
SUPPLIES FOR THE BBB annual expenditure of $40,000, to Aramark Uniform Services for
uniform, shop towel, and Goor mat rental services for tbe Big Blue Bus,
was approved.
NATIONAL INCIDENT l~D: Resolution No. 10119 (CCS) entided: "A RESOLUTION OF THE
MANAGEMENT SYSTEM CITY OF SANTA MONICA ADOPTING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM AND INCORPORATING ITS PRINCIPLES
AND POLICmS INTO THE CITY'S EMERGENCY PLAN," was
adopted.
MOTOROLA MOBll..E
COMPUTERS
Mayor Pro Tem Shriver
excused at 6:05 p.m.
CWSED SESSIONS:
Mayor Pro Tem Shriver
returned at 6:06 p.m.
I-B: Use of grant funds forpurcbase of mobile computers from
Motorola - recommendation to waive competitive bidding, appropriate
proposed uses for State COPS funding of $270,405, and the purchase of 25
mobile computers on a sole source basis from Motorola, Inc., was
presented.
Mayor Pro Tem Shriver advised he had a conflict of interest in this matter
and requested to be excused.
Motion by <;Quncilm~bS'f O'ConnQr. seconded by Co~ember Ka~ to
approve recommendation. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Katz, McKeown, O'Connor. Mayor
Holbrook
None
Councilmember Genser, Mayor Pro Tern Shriver
On order of the Mayor, the City Council recessed at 6:06 p.m., to consider
closed sessions and returned at 7:25 p.m., with Councilmember Genser
absent, to report the following:
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March 28, 2006
2-A: Conference with Legal Counsel- Existing Litigation: Betty
Robinson v. City of Santa Monica, Case No. SC 086 327.
ACTION:
Not heard.
2-B: Conference with Legal Counsel- Existing Litigation: City allv.
Shell Oil Company (arbitration regarding compliance with settlement
agreement in City of Santa Monica V. Shell Oil Co., Case No.
01CC4331).
ACTION:
Not heard.
2-C: Anticipated Litigation. Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b): Claim of
SKS Construction Company; one dispute related to real property
located at 161 Ocean Park Boulevard; and claim of Palisades Beach
Road Property Owners' Association that proposed renovation of 415
PCB conflicts with Proposition S.
Motion by Councilmember Katz. seconded by Councilmember O'Connor, to
settle SKS claim, related to City Parks and City Facilities, by approving a
settlement in the amount of $50,000. The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers O'Connor, McKeown, Katz, Bloom, Mayor
Pro Tem Shriver, Mayor Holbrook
None
Councilmember Genser
The City Attorney advised the other two cases were heard, and there was no
reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: Boward
MiIlerv. City of Santa Monica, Case No. SC 086 282.
Motion by Councilmember O'Connor. seconded by Councilmember
McKeown, to approve settlement in the amount of $75,000 related to an
injury that occurred at Muscle Beach. The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Katz, McKeown, O'Connor, Mayor
Pro Tem Shriver, Mayor Holbrook
None
Councilmember Genser
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March 28, 2006
STUDY SESSION:
HOMELESS UPDATE
. REPORT
HOMELESS
LEGISLATION
SPECIAL ITEMS:
WOMEN'S H18TORY
MONTH
PAL MARATHON
RECOGNITION
At the request ofCounci1 and on order of the Mayor Item 13-E was heard
concurrently with this matter.
3-A: Homeless Update Report was presented by Consultant and Former
Los Angeles County Supervisor Ed Edelman.
13-E: Request of Mayor Pro Tem Shriver and Councilmember Bloom
to support Senator GiI CediDo's regional homeless legislation with
refinements recogn~ng Santa, Monica hOQlelessn~ efforts. Support
as foUows: I. Support SB1318: Sentence Enhancements ControDed
Substance Sales Drug Treatment Center or Homeless Shelter. 2.
Support SB1319: Dumping"/Criminal Procedure: release from custody
in jail services. 3. Neutral SB1320: Downtown Narcotics Recovery
Zone !Probation: Los Angeles County restrictions. 4. Support
SB1321: Criminal Procedure: release from custody in jail (CommuDity
ReunDacation Act). 5. Support with amendment- SB1322: Fair Share
ZoningIBousing: use by right; amend to credit existing
serviceslhousing. 6. Support SBI323: Prototype Mental Health
Courtlfreatment Program. 7. Support SB 1288: Youth Substance
Abuse TreatmentJMedi-CaI. 8. Support SB 1289: Foster Care
Extension Up to Age 21.9. Support SB 1469:Youth Discharge
Planning Connection with Medi-CaI, was presented.
Members of the public Jerry Rubin, Joey Fullmer Joe Natoli and Becky
Dennison expressed their views on the subject matter.
On order of the Mayor, the Homeless Update Report was received and filed.
Motion h): Mayor Pro Tern Shriver~ seconded by Councilmember Bloom. to
approve request. The motion was unanimously approved by voice vote,
with Councilmember Genser absent.
4-A: Proclamation declaring March 2006 to be Women's History
Month in the City of Santa Monica and congratulating the Commission
on the Status of Women on its 25th Anniversary, was read and issued by
Mayor Holbrook.
4-B: Recognition of Police Activities League (PAL) Youth
Participation in the Los Angeles Marathon.
Mayor Holbrook recognized the participants in this activity and conveyed
Council's support and encouragement for future endeavors.
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March 28, 2006
ORDINANCES:
AUTOMOBILE
DEALERSHIPS
7-A: Resolution No. 10120 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA CERTIFYING A FINAL EIR";
Resolution No. 10121 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA MAKING NECESSARY CEQA FINDINGS
AND APPROVING STATEMENT OF OVERRIDING
CONSIDERATIONS"; Resolution No. 10122 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING TIrE
GENERAL PLAN LAND USE ELEMENT AMENDMENT~~; and
introduction and first reading of an interim ordinance modifying
regulatiQDSrelated tQautQmQbile dealersbip~, assQciated autolllobile
parking structures and storage lots, including allowing development of
automobile parking stmctures, storage facilities, and related uses
associated with an adjacent dealership on certain residentially zoned
sites, establishing development standards, design standards, review
processes and operational standards, authorizing automobile
dealerships in the Ml District, adjusting the FAR calculation
methodology, authorizing employee parking on existing inventory lots
in the BCD Zoning District, and modifying the temporary use permit
provisions for dealerships, was presented.
Member of the public Chuck Allord spoke in opposition to the proposed
ordinance.
The following members of the public spoke generally in support of the
proposal and provided comments and suggestions for changes: Mark
Harding, Joe Simpkins, Ron Davis, Bill Rehwald, Mike Sullivan Bill Rinker,
Kathy Dodson, Kevin Kozal, Chris Harding, and Ruthann Shanley.
Motion by Councilmember Katz, seconded by Councilmember Bloom, to
adopt resolution certifying the EIR, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, McKeown, Katz, Bloom,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Genser
NOES:
ABSENT:
Motion by Councilmember O'Connor. seconded by Councilmember Bloom,
to adopt Resolution making CEQA findings and adopting Statement of
Overriding Considerations, amended to include the "Attachment A" entitled
"Mitigation and Monitoring Report," distributed by staff The motion was
approved by the following vote:
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March 28, 2006
AYES:
Councilmember Bloom, Katz, McKeown, O'Connor, Mayor
Pro Tem Shriver, Mayor Holbrook
None
Councilmember Genser
NOES:
ABSENT:
Motion by Councilmemher McKeown. seconded by Councilmember Bloom.
to adopt resolution adopting the General Plan Land Use Element
Amendment and to introduce the ordinance for first reading, reading both
by title only and waiving further reading thereof.
Motion to amend by Councilmember Katz. seconded by Mayor Pro Tem
Shriver, to amend ordinance to allow the dealers to still unload inventories
on the commercial area of the streets (not residential) unless they have
facilities off-street to allow for it, and that hours proposed in the staff report
are acceptable.
Discussion ensued. After considerable discussion, the motion to amend was
withdrawn by the maker and seconder.
Motion by Councllmember Ka~ secondesl by Mayor Pro Tem Shriver. to
amend the maximum building height to exclude parapets from
measurement. The motion was accepted as friendly.
Motion to amend by Councilmember Bloom to extend the short-term
automobile storage by providing three additional 6-month extensions, for a
possible total of 5 years. The motion was accepted as friendly.
Motion to amend by Councilmember Katz, to approve the request of the
Santa Monica Dealers Association to not require additional parking for
single story showrooms that enclose what is an outdoor display area, with
the following language in the appropriate section: "Notwithstanding the
parking requirements set forth in Municipal Code Section 9.041.008,
interior showroom areas specifically dedicated to vehicle display shall be
calculated at a rate of one space for 2,000 of floor area. Associated sales
and office area shall continue to be calculated as required by the Zoning
Ordinance." The amendment was accepted as friendly.
Motion by Councilmember Katz. seconded by Mayor Holbrook. that when
remodeling, to change the threshold that triggers additional standard
conditions from 1,000 to 2,000. The motion to amend was approved by the
following vote:
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March 28, 2006
AYES:
NOES:
ABSENT:
Councilmembers O'Connor, Katz, Bloom, Mayor Pro Tern
Shriver, Mayor Holbrook
Councilmember McKeown
Councilmember Genser
Motion to amend by Councilmember O'Connor. seconded by Council-
member Katz, to delete the use of photovoltaic technology as a requirement
from the ordinance. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers O'Connor, Katz, Bloom, Mayor Pro Tern
Shriver, Mayor Holbrook
COl.lncibnember McKeown
Councilmember Genser
The main motion to amend the Resolution, as amended above, was
approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers O'Connor, McKeown, Katz, Bloom,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Genser
The main motion to introduce the ordinance, as amended above, was
approved by the following vote:
AYES:
NOES:
ABSENT:
CounciImember Bloom, Katz, McKeown, O'Connor, Mayor
Pro Tern Shriver, Mayor Holbrook
None
Councilmember Genser
DENSITY BONUS! 7-B: Introduction and first reading of an interim ordinance
AFFORDABLE HOUSING extending, with modifications and clarifications, the interim ordinance
INCENTIVES 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 CounciImember O'Connor. seconded by Councilmember
McKeown. to introduce ordinance, reading by title only and waiving further
reading thereof, and amending Section J to read: "Housing developments in
commercially or industrially-zoned districts that meet the affordability
requirements of subsection (h) may request one or more of the following
incentives, as applicable: In addition to the high-rise residential parking
incentive of subsection (g)." And add the following language at the end of
the definition: "or additional housing development mandated by
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March 28, 2006
STAFF ITEMS:
CIIILD CARE/ARTS
DEVELOPER
REQUIREMENTS
SPECIAL JOINT
MEETING:
REFUNDING BONDS
Government Code Section 65915."
The motion, as amended, was approved by the following vote:
AYES:
Councilmembers O'Connor, McKeown, Katz, Bloom,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Counci1member Genser
NOES:
ABSENT:
8-A: Discussion of analysis and recommendation regarding a Child
Care Linkage Program and Developer Cultural Arts Requirements -
recOlnmend8tion to .give direction to staff re18ting to the drafting of two
ordinances for a Childcare Linkage Program and Developer Cultural Arts
Requirement.
On order of the Mayor, this matter was continued to April II, 2006, as a 5-
Item.
On order of the Mayor, the regular City Council meeting was recessed to a
joint meeting with the Redevelopment Agency at 11 :47 p.m., with
Councilmember Genser absent.
JOINT MEETING WITH THE REDEVELOPMENT AGENCY:
8-B: Earthquake Recovery Redevelopment Project Area Tax
Allocation Refunding Bonds - recommendation that the City Council and
the Redevelopment Agency adopt respective Resolution Nos. 10119 (CCS)
and 495 (RAS) authorizing issuance of the Refunding Bonds and approve
the execution and delivery of an Indenture and First Supplement to
Indenture of Trust, Escrow Agreement, Preliminary Official Statement,
Official Notice of Sale, and Notice of Intention to Sell; and approve the
proposed budget changes, was presented.
There was no one present for public comment.
Molion by Mayor Pro Tern Shriver, seconded by Councilmember
O'Connor, to adopt Council resolution, reading by title only and waiving
further reading thereof, and approving staff recommendation. The motion
was approved by the following vote:
AYES:
Councilmembers Bloom, Katz, McKeown, O'Connor,
MayotPro Tern Shriver, Mayor Holbrook
None
Councilmember Genser
NOES:
ABSENT:
8
March 28, 2006
ADJOURNMENT OF
SPECIAL JOINT
MEETING
COUNCIL ITEMS:
APPOINTMENT
APPOINTMENT
APPOINTMENT
On order of the Mayor, the Special Joint Meeting was adjourned at 11 :50
p.m., and the City Council returned to its regular meeting, with
Councilmember Genser absent.
13-A: Appointment to one annual vacancy on the Pier Restoration
Corporation for a term ending November 10, 2009. (Continued from
March 14, 2006.)
On order of the Mayor, this matter was continued to Aprilll, 2006.
13-B: Appointment to one special vacancy on the Commission for tile
Senior Community for a term ending June 30, 2007.
On order of the Mayor, this matter was continued to April 11, 2006.
13-C: Appointment to one special vacancy on the Commission on the
Status of Women for a term ending June 30,2007.
On order of the Mayor, this matter was continued to Aprilll, 2006.
EXTENSION OF TERM 13-D: Extension of two-year term for appointment made on February
28, 2006, to one annual vacancy as the Santa Monica representative to
the Los Angeles County West Vector Control District, was presented.
PUBLIC INPUT:
ADJOURNMENT:
Motion by Councilmember McKeown. seconded by Councilmember
O'Connor, to extend Nancy Greenstein's appointment from two years to
four years. The motion was unanimously approved by voice vote, with
Councilmember Genser absent.
Members of the public Art Casillas and Tim Dillenbeck expressed their
views and opinions.
On order of the Mayor, the City Council meeting was adjourned at 11 :58
p.m., in memory of Thomas (Tommy) Garcia, retired employee of the
City's Water Department and husband of Finance Department employee
Donna Garcia; Werner Simon Phillips, father of Risk Manager Tom Phillips;
and resident Carrie Phillips, teacher at Turning Point School in Culver City,
who was killed when a car struck her as she was walking students back to
school from a nearby park.
A~~..4
Maria M. Stewart
City Clerk
APPROVED:
~#~~
Robert T. Holbrook
Mayor
9
March 28, 2006