M-4/11/2006
CITY OF SANTA MONICA
CITY COUNCn.. MINUTES
APRIL 11, 2006
A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at
6:52 p.m., on Tuesday, April 11, 2006, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Robert T. Holbrook
Mayor Pro Tern Bobby Shriver (arrived during Closed Session)
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6: 10 p.m.)
Absent:
Councilmember Herb Katz
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 6:52 p.m.; with
Councilmember Katz absent. Councilmember Bloom 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 Pro Se, Joey Fullmer and Joe Natoli commented on
various Consent Calendar Items.
At the request of Councilmember Genser, Items 1-C was removed from the
Consent Calendar, and Mayor Holbrook removed Item I-E because it
requires five votes and Items 1- H and 1-1 were withdrawn by staff
Motion by Councilmember McKeown. seconded by Councilmember Bloom,
to approve all items on the Consent Calendar as presented except Item~.:.l-C,
l-E, I-H and 1-1, reading resolutions by title only and waiving further
reading thereof The motion was approved by the following vote:
1
Aprilll,2006
MINUTES
AYES:
Councilmembers Bloom, McKeown, Genser, Mayor
Holbrook
None
Councilmembers Katz, O'Connor, Mayor Pro Tem Shriver
NOES:
ABSENT:
I-A: The minutes of the February 14,2006, City Council meeting, were
approved as submitted.
ON-STREET EMPLOYEE I-B: Resolution No. 10123 (CCS) entitled: "A RESOLUTION OF THE
PARKING PERMIT FEES CITY COUNCn. OF THE CITY OF SANTA MONICA SETTING FEES
FOR PROVIDING EMPLOYEE. ON.. STREET PARKIN6 PERMITS",
was adopted.
CITY HALL
COURTYARD DESIGN
CONTRACT
REFUSE TRUCKS
UNDERGROUND
STORAGE TANKS
WOODLAWN
CEMETERY
I-D: City Hall Courtyard design contract - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8570
(CCS) with Pima Corporation, in the amount of $271,200, for the courtyard
construction phase of the Police Building Demolition project, was approved.
I-F: Recommendation to award Bid No. 2903 to Boerner Truck
Center, in the amount of $1,864,359.44, to furnish and deliver eight
automated refuse trucks, was approved.
I-G: Certification of underground storage tanks - recommendation to
award Bid No. 2901 to SunWest Engineering Constructors, in the amount
of $133,500 for a three-year term, to provide annual certification, testing
and maintenance of underground storage tanks at various locations within
the City, was approved.
I-H: Woodlawn Cemetery Data Conversion and Management System
- recommendation to authorize the City Manager to negotiate and execute a
contract with Intera U.S.A., in the amount of$12,735, for provision of
services and installation of an information management software system.
Withdrawn at the request of staff.
1-1: StalTreportwithdrawn.
LOS ANGELES COUNTY I-J: General Services Agreement with Los Angeles County -
AGREEMENT recommendation to authorize the City Manager to negotiate and execute
Contract No. 8571 (CCS) for a five-year period for services including, but
not limited to, street maintenance, animal control, tract map checking, health
services, and engineering and emergency services, was approved.
2
April 11, 2006
STREETSCAPE DESIGN
CONTRACT
Council member 0 'Connor
arrived at 6: 10 p.m.
URBAN AREA
SECURITY INITIATIVE
l-C: 20th Street and Cloverfield Boulevard Streetscape design
contract - recommendation to authorize the City Manager to negotiate and
execute a contract with Amphion Environmental, in the amount of
$450,000, for the design of the project, was presented.
Councilmember Genser advised that he removed this item from the Consent
Calendar because of concerns with the firm and their ability to do
appropriate work.
Councilmember McKeown advised he wanted to include direction that, n-om
the design point, staff create as m~y\local youth jobs in the construction of
the project as possible.
Staff answered questions from Councilmembers.
Motion by Councilmember Genser. seconded by Councilmember McKeown,
to refer the item back to staff to take into consideration Council concerns
regarding the firm, the quality of the design, the direction to attempt to
create as many local youth jobs in the construction of the project as possible,
and come back with additional information and recommendations. The
motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Holbrook
None
Councilmember Katz, Mayor Pro Tern Shriver
NOES:
ABSENT:
I-E: 2005 Urban Area Security Initiative grant funds-
recommendation to authorize the City Manager to accept $1,570,055 in
grant funds for costs associated with the State's Homeland Security
Strategy, and approve the proposed budget changes and appropriations, was
presented. .
Mayor Holbrook removed this item from the Consent Calendar because it
required five votes. There being five members present, the item was
considered.
Motion by Councilmember O'Connor. seconded by Councilmember Genser.
to approve staff recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Holbrook
None
Councilmember Katz, Mayor Pro Tern Shriver
NOES:
ABSENT:
3
April 11, 2006
CLOSED SESSIONS
On order of the Mayor, the City Council recessed to Closed Session at 6:20
p.m., and returned at 7:30 p.m., with Councilmember Katz absent, to report
the following action:
2-A: Conference with Legal Counsel - Existing Litigation: ~
Robinson v. City of Santa Monica, Case No. SC 086 327.
ACTION:
Not heard.
2-B: Conference with Legal Counsel - Existing Litigation: City or
Santa Monica v. BaJmI & Budd. P.C., Case No. Be 315 186.
ACTION:
Not heard.
2-C: Conference with Legal Counsel - Existing Litigation: City adv.
Shell Oil Company (arbitration regamine compliance with settlement
aCRement in City ofSan~a Monica v. SheD Oil Co., Case No.
OlCC4331).
ACTION:
Not heard.
2-D: Conference with Legal Counsel - Existing Litigation: Morley
Construction C~"'R~ny v. VRS C~rporation dba Cleveland Wree~DC
Company. et al., and related and consolidated actions, Lead Case No.
SC 080 60S (settlement by and among Watson Land Company and
Watson Partners, L.P., Morley Construction Company and City of
Santa Monica).
Motion by Councilmember Bloom. seconded by Councilmember Genser. to
approve settlement as follows:
1. Morley would pay Watson the settlement sum of $6,000,000;
2. Morley would pay for pollution insurance for Watson;
3. All parties, including the City, would enter into a stipulation that
the Watson parties were not the generators of asbestos containing soil at the
Library site;
4. Additionally, the Watson parties claims would be assigned to
Morley.
5. Morley would indemnitY the Watson parties in the remaining
lawsuit.
6. All parties would enter into releases and the City would be
dismissed from the lawsuit. If the settlement is approved, there will need to
be a good faith determination by the court as well.
4
April 11, 2006
The motion was approved by the following vote:
AYES:
Councilrnembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
2-E: Anticipated Litigation. Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b): one
dispute related to real property located at 161 Ocean Park Boulevard
and claim of Palisades Beach Road Property Owners' Associatien tlut
proposed renovation of 415 PCB conflicts with Proposition Sand
CEQA.
ACTION: First case not heard. Heard case related to dispute
involving 415 PCH. No reportable action taken.
2-F: Conference with real property negotiator:
Property: 402 Colorado
City Negotiator: Jeff Matbieu
Under negotiation: Interest in Real Property
Owner of Record: Sears Roebuck and Company
ACTION:
Heard. No reportable action taken.
2-G: Conference with real property negotiator:
Property: 430 Colorado
City Negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: Associated International Marketing
ACTION:
Heard. No reportable action taken.
2-H: Conference with real property negotiator:
Property: 1640 SU' Street
City Negotiator: Jeff Mathieu
Inder negotiation: Interest in Real Property
Owner of Record: Waldman Family Trust, Jill Spector
Kurtzrock, Scott Ian Spector, Stacie Ann Spector and WeDs
Fargo Bank, Trustee of tbe Julia Spector Trust
ACTION: Heard. No reportable action taken.
5 April 11, 2006
SPECIAL AGENDA
ITEMS:
SYLVIA ANDERLE
CONTINUED ITEMS:
CHILD CARE LINKAGE
PROGRAM &
DEVELOPER
CULTURAL ARTS
REQUIREMENTS
2- I: Conference with real property negotiator:
Property: 1636 5th StreetC
City Negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: Jandy LLC
ACTION:
Heard. No reportable action taken.
2-J: Conference with Legal Counsel- Existing Litigation: Coalition
fora Livable SaBta M&uk. v.City of Santa Mooica, Case No. S8 913
463.
Motion by Councilmember O'Connor. seconded by Councilmember Bloom.
to approve settlement as follows:
1. Lawsuit will be dismissed with prejudice.
2. The City will turn over the various records that remained in
dispute without waiving its claim of privileges.
3. Attorney's fees to be paid in the amount of $36,000 by the City
of Santa Monica.
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
4-A: Recognition of Sylvia Anderle, Recipient of the New York Times
Librarian of the Year Award, was given by Mayor Holbrook.
5-A: Discussion of analysis and recommendation regarding a Child
Care Linkage Program and Developer Cultural Arts Requirements -
recommendation to give direction to staff relating to the drafting of two
ordinances for a Childcare Linkage Program and Developer Cultural Arts
Requirement, was presented.
Member of the public Joey Fullmer expressed her concerns.
The following members of the public spoke in general support of the Child
Care Linkage Program and Developer Cultural Arts Requirement for
permanent public art and performance art: Larry Shapiro, Bruria Finkel,
Donna Sternberg, Phyllis Green, Irene Zivi, Patti Oblath, Maya Emsten, Elsa
Longhauser, Robert Berman, Jan Williamson, Wayne Blank and Jerry Rubin.
6
April 11, 2006
Motion by Councilmember McKeown. seconded by Councilmember Genser.
to approve staff recommendation.
Motion to amend by Councilmember Genser, to include the residential
construction fee. The motion was accepted as friendly.
Motion to amend by Mayor Holbrook. seconded by Mayor Pro Tern
Shriver. to direct staff to reduce the recommended childcare fees for
commercial and retail development in the proposed ordinance. The motion
failed by the following vote:
ABSENT:
Mayor Holbrook
Councimembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tern Shriver
Councilmember Katz
AYES:
NOES:
The main motion, as amended, was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
ORDINANCES:
AUTOMOBILE
DEALERSHIPS
7-A: Second reading and adoption of an interim Ordinance No. 2179
(CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MODIFYING ZONING
REGULATIONS PERTAINING TO AUTOMOBIT-E DEALERSlllPS,
ASSOCIATED AUTOMOBILE PARKING STRUCTURES AND
AUTOMOBIT-E STORAGE LOTS, INCLUDING ALLOWING
DEVELOPMENT OF AUTOMOBILE PARKING STRUCTURES AND
AUTOMOBIT-E STORAGE FACILITIES ASSOCIATED WITH AN
ADJACENT DEALERSHIP ON CERTAIN RESIDENTIALLY ZONED
SITES, ESTABLISHING DEVELOPMENT STANDARDS, DESIGN
STANDARDS, REVIEW PROCESSES AND OPERATIONAL
STANDARDS, AUTHORIZING AUTOMOBIT-E DEALERSHIPS IN
THE Ml DISTRICT, ADJUSTING THE F.A.R. CALCULATION
METHODOLOGY, AUTHORIZE EMPLOYEE PARKING ON
EXISTING INVENTORY LOTS IN THE BCD ZONING DISTRICT
AND MODIFYING THE TEMPORARY USE PERMIT PROVISIONS
FOR DEALERSHIPS", was presented.
7
April 11, 2006
Motion by Councilmember O'Connor. seconded by Councilmember Bloom.
to adopt the interim ordinance, reading by title only, and waiving further
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
DENSITY BONUS & 7-B: Second reading and adoption of interim Ordinance No. 2180
AFFORDABLE HOUSING (CeS) entitled: "AN INTERIM ORDINANCE OF THE CITY COUNCIL
INCENTIVES OF THE CITY OF SANTA MONICA EXTENDING, WITH
MODIFICATIONS AND CLARIFICATIONS, THE INTERIM
ORDINANCE MODIFYING THE CITY'S DENSITY BONUS AND
AFFORDABLE HOUSING INCENTIVES IN ACCORDANCE WITH
STATE DENSITY BONUS LAW', was presented.
Motion by Councilmember O'Connor. seconded by Councilmember
McKeown.. to adopt the interim ordinance, reading by title only, and waiving
further reading tbereof The motion was approved by tbe following vote:
"AYES:
NOES:
ABSENT:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
HOTEL AND MOTEL
USES
7-C: Introduction and first reading of an ordinance amending
Municipal Code Section 9.04.18.040 to allow for the continuation of
existing non-conforming botel and motel uses in residential districts
within the Coastal Zone (Bayside Hotel, 2001 Ocean Avenue), was
presented.
Member of the public Chris Harding spoke in support of the ordinance.
Motion by Councilmember Genser. seconc,ied by Councilmember McKeown.
to introduce the ordinance for first reading with the following admendments:
(I) on page 10, paragraph 0) delete "Coastal" and insert "OP3" Zone; (2) on
page I, second paragraph, delete "Coastal" and insert "OP3" Zone; and (3)
on page 10, paragraph (j)(I) delete the time frame which references
approval prior to September 1988. The motion was approved by tbeufollowing vote:
8
April 11, 2006
TRANSPORTATION
PRESERVATION
DISTRICT
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tem Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
7-0: Resolution No. l0124(CCS) entitled: "A RESOLUTION OF TIlE
CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE
NEGATIVE DECLARATION FOR THE TRANSPORTATION
PRESERVATION DISTRICT ZONING ORDINANCE AMENDMENT";
and introduction and tirst reading of an ordinance amending Chapter
.9 ortbeMo-mctpatOnte to establish a Transportation Presenation
District and to establish performance standards for surface parking
lots, rdm and video production, and commercial nuneries autborized in
the Transportation Preservation District; and introduction and tint
reading of an ordinance amending tbe Omcial Districting Map to
establish tbe Transportation Preservation District in portions of the
Fonner Ml and LMSD Districts, was presented.
Member of the public Joey Fullmer expressed her concerns.
Members of the public Laurie Frank spoke in support of preserving the
parking at Bergamot Station, and Joseph Palozzolo spoke in opposition to
the ordinance.
Motion by Councilmember O'Connor. duly seconded. to adopt the
resolution approving the Final Negative Declaration reading by title only,
and waiving further reading thereof The motion was approved by the
following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tem Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
Motion by Councilmember Genser. seconded by Mayor Holbrook. to
introduce ordinance for first reading to create a new Transportation
Preservation District amending the ordinance to delete Section
9.04.08.37.020 (d) on page 5; direct staff to investigate and provide
information about any non-conforming grandparented uses adjacent to the
right-of-way and whether those uses are also occupying right-of..way; and
with an amendment to the ordinance to allow uses in the right-of- way and
part of an adjacent non-conforming grandparented use to remain on a month
to month basis. The motion was approved by the following vote:
9
April 11, 2006
STAFF
ADMINISTRATIVE
ITEMS:
CITY'S FINANCIAL
STATUS
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tem Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
Motion by Councilmember Genser. seconded by Councilmember O'Connor.
to introduce ordinance for first reading to amend the official districting map
to establish the Transportation Preservation District. The motion was
approved by the following vote:
AYES:
Councitmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tem Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
8-A: Update on the City's Financial Status and proposed budgeting
and tinance principles - recommendation to direct staff to prepare a
resolution adopting six Principles of Budgeting and Finance; defer
appropriation of certain funds until the adoption ofFY 2006-07 budget;
authorize a payment in the amount of $24,807 for Meals on Wheels West
relocation expenses; and direct staff to continue to work with the 18th Street
Arts Center to assist in finding options to develop their property, was
presented.
Member of the public Jan Williamson thanked the City for working with the
18th Street Arts Center.
Motion by Mayor Pro Tem Shriver. seconded by Councilmember Holbrook.
to authorize a payment in the amount of $24,807 from the Council
Contingency account to Meals on Wheels West for relocation expenses, and
to direct City staff to continue to work with the 18th Street Arts Center
organization to assist them in generating viable options in their efforts to
develop their property, and the City will not become an "equity partner" at
this time. The motion was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tem Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
Discussion ensued concerning consideration of the proposed six Principles of
Budgeting and Finance and dissemination of information to Council and the
City Manager.
10
April 11, 2006
RESOLUTIONS:
PltEFEREN'fbtL
PARKING ZONES G, K,
0, AND TT
Council member 0 'Connor
was excused at 11:04 p.m.
COUNCILMEMBER
DISCl.lSSION ITEMS:
PIER RESTORATION
CORPORATION
Council member 0 'Connor
retumedat 11:20 p.m.
Motion by Councilmember O'Connor. seconded by Councilmember Bloom,
to defer the appropriation of the $2.5 million in additional fund balance until
the adoption of the FY2006/07 budget. The motion was unanimously
approved by voice vote with Councilmember Katz absent.
On order of the Mayor, the regular City Council meeting recessed to a
Special Meeting of the Housing Authority at 10:52 p.m. and reconvened at
10:56 p.m., with Councilmember Katz absent.
II-A: Resolution expanding Preferential Parking Zones G, K. 0, and
TT by 150 feet, BDlI amending Resolutiun No. 9-344 (CCS) by replacing
Exhibit A , was presented.
Councilmember O'Connor advised that she had a conflict of interest and
asked to be excused on this matter.
There was no one present for public comment.
Motion by Mayor Holbrook to approve staff recommendation. The motion
died for lack of a second.
13-A: Appointment to one annual vacancy on the Pier Restoration
Corporation for a term ending November 10, 2009. (Continued from
March 28, 2006.)
On order of the Mayor, this matter was continued to April 25, 2006.
COMMISSION FOR THE 13-B: Appointment to one special vacancy on the Commission for the
SENIOR COMMUNITY Senior Community for a term ending June 30,2007. (Continued from
March 28,2006.)
COMMISSION ON THE
STATUS OF WOMEN
On order of the Mayor, this matter was continued to April 25, 2006.
13-C: Appointment to one special vacancy on the Commission on the
Status of Women fora term ending June 30, 2007. (Continued from March
28, 2006.)
On order of the Mayor, this matter was continued to April 25, 2006.
11
April 11, 2006
PRoposmON 82 -
PRESCHOOL FOR ALL
ACT
SOCIAL SERVICES
COMMISSION
13-0: Request of Councilmember McKeown and Mayor Holbrook, on
behalf of the Santa Monica Cbild Care and Early Education Task
Force, that the City Council endorse Proposition 82, the Preschool fGr
All Act, and urge a yes vote on June 6,2006 for high-quality, voluntary
preschool education for every four-year-old in California, was presented.
Members of the public Patti Oblath and Betsy Hiteshaw spoke in support of
the request.
Motion by Councilmember McKeown. seconded by Mayor Holbrook. to
approve the request. The motion was unanimously approved by voice vote,
with Councilmember Katz absent.
13-E: Request of the Social Services Commission to remove a current
member due to non-participation, declare the seat vacant, and direct
the City Clerk to publish the vacancy, was presented.
Motion by Councilmember O'Connor. seconded by Councilmember Genser.
to approve request. The motion was approved by voice vote, with
Councilmember McKeown voting in opposition and Councilmember Katz
absent.
RESOLUTION - 13-F: Request of Mayor Holbrook and Councilmember Katz to adopt
SURVIVORS AND Resolution No. 10125 (CCS) entitled: "RESOLUTION IN SUPPORT
VICTIMS OF GENOCIDE OF SURVIVORS AND VICTIMS OF GENOCIDE", was presented.
EXPO CONSTRUCTION
AUTHORITY'S URBAN
DESIGN COMMITTEE
Motion by Mayor Holbrook. seconded by Councilmember O'Connor. to
approve request. The motion was unanimously approved by voice vote, with
Councilmember Katz absent.
13-G: Request of Councilmember Pam O'Connor for Council approval
of two nominees for the Expo Construction Authority's urban design
committee. In order to receive community input into tbe aestbetic
features of the Exposition Light Rail line, the authority will form an
urban design committee to work with staff and the design-build
contractor to provide input into landscaping, station design, soundwalls
and art along the alignment. Nomination of Jessica Cusick and Father
Mike Gutierrez, was presented.
Motion by Councilmember O'Connor. seconded by Councilmember Bloom.
to approve the request. The motion was unanimously approved by voice
vote, with Councilmember Katz absent.
12
April 11, 2006
PUBLIC INPUT:
Members of the public Pro Se, Kate Bonnici, Joe Natoli, and Jerry Rubin
discussed various issues of concern.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 11:46
p.m. to April 25, 200Q.
ATTEST:
/4
APPROVED: .
~/71h-$L-
Robert T. Holbrook
Mayor
13
April 11, 2006