M-11/28/2006
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 28, 2006
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tern Shriver at
6: 15 p.m., on Tuesday, November 28, 2006, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Robert T. Holbrook (arrived at 6:37 p.m.)
Mayor Pro Tern Bobby Shriver
Councilmember Richard Bloom
Councilmember Ken Genser
Counci1member Kevin McKeown
Councilmember Pam 0' Connor
Absent:
Councilmember Herb Katz
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE On order ofthe Mayor Pro Tern, the City Council convened at 6: 15
p.m., with Councilmember Katz and Mayor Holbrook absent.
Councilmember O'Connor led the assemblage in the Pledge of
Allegiance.
CONSENT CALENDAR: The Consent Calendar was presented.
Members of the public Joy Fullmer, Jerry Rubin, Pro Se, Joe Natoli and
Autumn Martine commented on various Consent Calendar Items.
At the request of Councilmember Bloom, Item 1-G was removed from
the Consent Calendar. At the request of Councilmember Genser, Item 1-
A was removed from the Consent Calendar.
Motion by Councilmember O'Connor, seconded by Councilmember
McKeown, to approve all items on the Consent Calendar as presented
except Items I-A and I-G, reading resolutions by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Bloom, McKeown, O'Connor, Genser,
1
November 28, 2006
HOMELESSNESS
CONTINUUM OF CARE
LEASE - 2715
EXPOSITION/1800
STEWART STREET
POLICE VEHICLE
EQUIPMENT
AERIAL LADDER
TRUCK
RECYCLED OIL AND
HAZARDOUS WASTE
GRANTS
REFUSE TRUCKS
Mayor Holbrook arrived at
6:37 p.m.
NOES:
ABSENT:
Mayor Pro Tern Shriver
None
Councilmember Katz, Mayor Holbrook
1-B: Santa Monica Homeless Continuum of Care - recommendation
to authorize the City Manager to negotiate and execute an amendment to
Contract No. 8582 (CCS) with The Urban Institute, in the amount of
$10,000 for a total of $136,000, for a program and system evaluation of
Santa Monica's homeless continuum of care, was approved.
1-C: Lease Amendment for 2715 Exposition/1800 Stewart Street -
recommendation to authorize the City Manager to negotiate and execute
an amendment to existing Lease No. 8654 (CCS) with The Richlar
Partnership for property located at 2715 Exposition/1800 Stewart Street,
was approved.
I-D: Provision of equipment for 120 Police Vehicles -
recommendation to authorize the Purchasing Agent to issue a purchase
order, in the amount of $1 ,440,000, to Airwave Communications
Enterprises, Inc. for equipping up to 120 police vehicles during the next
three years, was approved.
1-E: Purchase of Aerial Ladder Truck - recommendation to
authorize an increase to existing purchase order with KME Fire
Apparatus, by an additional amount of$7,037.33, for an aerial ladder
truck, was approved.
1-F: Resolution No. 10185 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO SUBMIT AND EXECUTE USED @IL RECYCLING
AND HOUSEHOLD HAZARDOUS W ASTEGRANT
APPLICA nONS TO THE CALIFORNIA lNTEGRA TED WASTE
MANAGEMENT BOARD," was approved.
I-A: Purchase of refuse trucks - recommenq~tion to award Bid No.
2914 to Boerner Truck Center, in the total amounJof$884,497.76, to
furnish and deliver four refuse trucks, was presented.
Councilmember Genser advised he removed this item from the Consent
Calendar because he had questions and concerns about making this
purchase when funds are short and a possible restructuring of the
program is being analyzed.
Staff replied to questions from Councilmembers. Discussion ensued.
2
November 28,2006
PROMENADE
RESTROOM PROJECT
CLOSED SESSIONS:
After considerable discussion, on order of the Mayor and with the
consensus of Councilmembers, this item was continued to the meeting of
December 5th when staff will return with a cost analysis.
I-G: Promenade Restroom Pilot Project - recommendation to
authorize proposed budget changes associated with the project; approve a
purchase order to Chrysalis in the amount of $25,642 for supplemental
personnel services provided; approve continuation of the project through
June 30, 2007; and appropriate $179,000 in funds as proposed, was
approved.
Councilmember Bloom advised he removed this item from the Consent
Calendar to clarify issues related to facilities being designated as unisex
and the number of staff hours dedicated to staffing the restrooms. Staff
answered questions and provided additional information to
Councilmembers.
Motion by Councilmember Bloom, seconded by Councilmember Genser,
to approve recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers Genser, O'Connor, McKeown,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
On order of the Mayor, the City Council recessed at 6:57 p.m., to
consider closed sessions and returned at 7:52 p.m., with Councilmember
Katz absent to report the following:
2-A: Conference with Real Property Negotiator.
Property: 1338-42 5th Street
City Negotiator: Miriam Mack
Under Negotiation: Interest in Real Property
Owner of Record: Greyson Bryan
ACTION:
Heard. No reportable action taken.
2-B: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b)(1): three
matters, two involving real property at 1047 11th Street and 161
Ocean Boulevard.
ACTION:
Not Heard.
3
November 28, 2006
2-C: Conference with Legal Counsel - Existing Litigation: Jessie
Dixon v. City of Santa Monica, Case No. BC 308831.
ACTION:
Not Heard.
2-D: Conference with Legal Counsel- Existing Litigation: June
Shaw v. City of Santa Monica, Case No. SC 089111.
ACTION:
Not Heard.
2-E: Conference with Legal Counsel- Existing Litigation: Peter
Withers v. City of Santa Monica, Case No. SC 087 283.
ACTION:
Not Heard.
2-F: Conference with Legal Counsel- Existing Litigation: Alfred
Reyes v. City of Santa Monica, Case No. SC 088032.
ACTION:
Not Heard.
2-G: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Baron & Budd. P.c.. Case No. BC 315 186.
ACTION:
Heard. No reportable action taken.
2-H: Conference with Legal Counsel- Existing Litigation: City
adv. Shell Oil Company (arbitration re compliance with settlement
agreement in City of Santa Monica v. Shell Oil Co., Case No.
01CC4331).
ACTION:
Heard. No reportable action taken.
2-1: Conference with Legal Counsel- Existing Litigation: Santa
Monica Food Not Bombs. etc.. et al. v. City of Santa Monica, Case
No. CV 03-0032-R (JTLx)
ACTION:
Not Heard.
SPECIAL ITEMS:
4-A: Brief report by Governing Board Member Jan Perry on
South Coast Air Quality Management District programs, was
presented.
On order of the Mayor, the information was received and filed.
4
November 28, 2006
ORDINANCES:
CHILD CARE
CUL TURAL ARTS
REQUIREMENT
7-A: Introduction and first reading of an ordinance adding
Chapter 9.72 to the Municipal Code establishing the child care
linkage program, the child care linkage program impact fee, and
establishing an adjustment and waiver provision, was presented.
Members of the public Joy Fullmer, Irene Zivi, and Patti Oblath spoke in
support of the proposal.
Motion by Councilmember Genser. seconded by Councilmember
O'Connor, to introduce the ordinance for first reading, reading by title
only and waiving further reading thereof, and amended to reflect the
proposed changes to Section 9.72.030 as related to the definition of
"project"; Section 9.72.040(b)(iii) related to the timing of fee payment;
and Section 9.72.050(a) related to fee adjustments or waivers, as outlined
in the memorandum from the City Attorney dated November 28, 2006.
Substitute motion by Mayor Holbrook. seconded by Mayor Pro Tern
Shriver, to introduce the ordinance for first reading, reading by title only
and waiving further reading thereof, and amending the ordinance to
remove the residential fee.
Discussion ensued on the effect the substitute motion will have on
existing funding and future projects, and on the way the fee program will
operate.
After considerable discussion, the substitute motion was withdrawn. The
main motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tern Shriver
None
Mayor Holbrook
Councilmember Katz
NOES:
ABSTAIN:
ABSENT:
7-B: Introduction and first reading of an ordinance adding
Sections 9.04.10.20 et seq., to Chapter 9.04 of the Municipal Code
establishing the Private Developer Cultural Arts Requirement, and
establishing an appeal provision; and adopt a resolution establishing
the average square foot cost of construction for determining
compliance with the Private Developer Cultural Arts Requirement,
was presented.
The following members of the public spoke in support of the proposal:
Joy Fullmer, Suchi Branfman, Frederick Dewey, Tom Grode, Phyllis
5
November 28, 2006
Green, Jerry Rubin, and Maya Emsden.
Deputy City Attorney Alan Seltzer proposed some technical amendments
to the ordinance as follows:
"1. Change definition of Project in Section 9.72.030 ("Definitions") to
ensure applicability to adaptive reuse projects that increase child care
demand and, in particular, projects previously found eligible for a waiver
or adjustment that are remodeled in a manner that increases child care
demand:
"Project. Office, retail, hotel development having a gross new or
additional floor area of7500 square feet or more or that changes an
existing use to a different use that increases the demand for child care
spaces, or residential development of improved or unimproved land
which conforms to development approvals and requirements of the Santa
Monica Municipal Code, regardless of the nature of the project, e.g.,
developing undeveloped land, convcrting an existing usc to a different
usc that iner cases the demand fO! child cm e SpaCCS, expanding a use.
Gross floor area for the purposes of this definition shall be the same as
Santa Monica Municipal Code Section 9.04.02.030.315 but shall also
exclude parking area. Where the requirements of this Chapter have been
adjusted or waived for a Project pursuant to Section 9.72.050 hereof.
subsequent changes in use. project remodels or tenant improvements that
increase the demand for child care facility spaces shall constitute a
Project as defined herein.
"2. Change to conform Section 9.72.040(b)(iii) (Timing of Fee Payment)
to Government Code ~66007(b) (Mitigation Fee Act):
(iii) For all projects subject to this Chapter, the City shaH may require
the payment of fees at an earlier time if the fees will be collected for
public improvements or facilities for which an account has been
established and funds appropriated and for which the City has adopted a
proposed construction schedule or plan prior to final inspection, or the
fees are to reimburse the City for expenditures previously made.
"3. Change to specifY grounds for adjustment or waiver that are
appropriate to the subsequent adjudicative project stage of the fee
imposition process and provide an example of grounds for an adjustment
or waiver in Section 9.72.050(a) (Fee Adjustments or Waivers):
(a) A developer of any Project subject to the fee described in Section
9.68.040(a) may request that the requirements of this Chapter be adjusted
or waived based upon the absence of a reasonable relationship or nexus
between the impacts of that development and either the amount of the fee
charged, the, 1) pe of facilities to be financed, or the type and cost of the
facilities to be established or constructed in lieu of fee through
participation. The grounds for such request may include. but are not
limited to. circumstances where the particular design and use of the
6
November 28, 2006
LIMIT ON HOTEL
GUEST ROOMS
RESOLUTIONS:
workspace building area prevent the proposed Proiect from generating
the demand for child care facility spaces in the amount of the Child Care
Linkage fee required by this Chapter."
Motion by Councilmember McKeown. seconded by Mayor Pro Tern
Shriver, to introduce the ordinance reading by title only and waiving
further reading thereof, with the proposed amendments stated by Mr.
Seltzer. 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:
At the request of the City Attorney, and on order of the Mayor, the
resolution was continued to the following meeting for adoption at the
same time the ordinance is adopted.
7-C: Introduction and first reading of an ordinance amending
Municipal Code Section 9.04.08.06.020 to increase the limitation on
the number of guest rooms that can be added to an existing hotel in
the R2 and the R3 Districts, was presented.
Member of the public Chris Harding spoke in support of the ordinance.
Motion by Councilmember McKeown. seconded by Councilmember
Bloom, to introduce the 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:
II-A: Resolution changing the type of restrictions for Preferential
Parking Zone N - recommendation to adopt Resolution No. 10186
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA CHANGING THE TYPE OF RESTRICTIONS FOR
PREFERENTIAL PARKING ZONE N, BOUNDED BY 19TH STREET,
SANTA MONICA BOULEVARD, 14TH STREET, AND WILSHIRE
BOULEVARD, TO BE "NO PARKING 9AM-2AM MONDAY-
SATURDAY AND NO PARKING 3PM-2AM SUNDAY, EXCEPT BY
PERMIT," was presented.
7
November 28, 2006
COUNCIL ITEMS:
LOCAL CAMPAIGN
FINANCE REFORM
Members of the public Patrick Hernandez, Marie Standing, Cathy
Milliken, Blair Calderhead, Ken Farrell, Kelly Farrell, and Don Cohen
spoke in support of the proposal.
Motion by Councilmember McKeown. seconded by Mayor Pro Tern
Shriver, to adopt the resolution, 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:
13-A: Request of Councilmember McKeown to direct staff to
analyze donation and expenditure information from the city election
campaign just completed, incorporate it into previous studies of
Santa Monica local campaign finance reform, and return to Council
with options, including the convening of a resident" clean money"
task force to recommend possible Council actions, was presented.
Members of the public Carmen Balber, Bob Stern, and Brandon Marlewe
spoke in support of the request.
Considerable discussion ensued on the merits of the request, the process,
and the timing needed to put the matter to the voters in advance of the
November 2008 election.
Motion by Councilmember McKeown. seconded by Councilmember
Bloom, to direct staff to prepare for a January or February 2007 public
hearing on comprehensive and coordinated campaign finance reform
including clarification of Article XXII (the Oaks Initiative), a broader
application of contribution limits iflegal (as they apply to P ACs),
creation of a structure for public financing of campaigns (including
discussion of how it will be funded), and involvement of the community
and local experts in the process. In addition, staff to return with
information on the current local contribution limits. The motion was
unanimously approved by voice vote, with Councilmember Katz absent.
8
November 28, 2006
SOUTHWEST
CORRIDOR
REPRESENTATIVE
13-B: Request of Councilmember McKeown to support
Councilmember Pam O'Connor in candidacy for reappointment as
the Southwest Corridor Representative to the Metro Board, and
direct staff to take all appropriate actions to convey Santa Monica's
support and to encourage other jurisdictions, including the South
Bay Cities Council of Governments and the Los Angeles County City
Selection Committee, to likewise support Councilmember
O'Connor's reappointment, was presented.
Member of the public Pro Se spoke in opposition of the request.
Motion by Mayor Pro Tem Shriver. seconded by Councilmember
McKeown, to approve request. The motion was unanimously approved
by voice vote, with Councilmember Katz absent.
RESIGNATION
13-C: Recommendation to accept Marilyn Korade-Wilson's letter of
resignation from the Commission for the Senior Community and
direct the City Clerk to publish the vacancy, was presented.
Motion by Councilmember O'Connor. seconded by Councilmember
Genser, to accept recommendation with regrets. The motion was
unanimously approved by voice vote, with Councilmember Katz absent.
PUBLIC INPUT:
Members of the public M. Ross, Pro Se, and Art Casillas shared concerns
on vanous Issues.
ADJOURNMENT:
On order ofthe Mayor, the City Council meeting was adjourned at 10:41
p.m., to December 5, 2006, at 5:45 p.m..
ATfES'~
~k~.L_~
Maria M. Stewart
City Clerk
APPROVED:
/'"4 1'/ ///
'J;e;i;-(;e'-z.1"'~ ;-- Ht-vu/?'(.~
Robert T. Holbrook
Mayor
9
November 28,2006