M-9/28/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 28, 2004
A regular meeting of the Santa Monica City Council was called to order by MayorBloom at 5:50
p.m., on Tuesday, September 28,2004, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Herb Katz
Councilmember Pam O'Connor (arrived at 6:35 p.m.)
Also Present: Assistant City Manager Gordon Anderson
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:50 p.m., with
Councilmember O'Connor absent. Gwen Pentecost, Resources Department,
led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
CounciImember for discussion.
Member of the public Joey Fullmer expressed various concerns.
Motion by CounciImember Feinstein. seconded by Councilmember Katz, to
approve all items on the Consent Calendar as presented, reading resolutions
and ordinances by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT:
1
September 28, 2004
MINUTES
BOOK SHELVING
FESTIVAL LIGHTING -
MAIN STREET
I-A: The minutes of the July 27, and August 3,2004, City Council
meetings were approved as submitted.
I-B: Purchase of book shelving for Main Library - recommendation to
award Purchase Agreement No. 8394 (CCS) to Yamada Enterprises, in the
amount of$309,635, to furnish book shelving for the new Main Library,
was approved.
l-C: Festival lighting on Main Street - recommendation to authorize
the City Manager to negotiate and execute Agreement No. 8389 (CCS) with
the Main Street Business Improvement Association, Inc., in the amount of
$220,000, for the design, installation, maintenance, and operation offestival
lighting along Main Street, was approved.
RESIDENTIAL HOUSING I-D: Residential Rehabilitation Program - recommendation to
REHAB authorize the City Manager to negotiate and execute Agreement No. 8390
(CCS) with Comprehensive Housing Services, in the amount of $300,000,
for the administration of Residential Rehabilitation Program funds, was
approved.
LOCAL HAZARD
MITIGATION
JUVENILE PROGRAMS
ANTENNA SITE LEASE
FRANKLIN STREET
WATER RESERVOIR
l-E: Recommendation to approve the Santa Monica Local Hazard
Mitigation Plan, was approved.
I-F: Juvenile Offender Intervention Program grant funds -
recommendation to adopt Resolution No. 9982 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA RELEASING
FUNDS AVAILABLE UNDER THE JUVENILE ACCOUNT ABILITY
BLOCK GRANT TO THE COUNTY OF LOS ANGELES TO BE USED
FOR THE PURPOSE OF IllRING A PROSECUTOR TO TARGET
CURRENT, SERIOUS JUVENILE CRIME ISSUES IN OUR LOCAL
COMMUNITIES THROUGH THE DISTRICT ATTORNEY'S
JUVENILE OFFENDER INTERVENTION NETWORK PROGRAM,"
was adopted.
I-G: Antenna site lease - recommendation to authorize the City
Manager to negotiate and execute an amendment to Agreement No. 4553
(CCS) with Advanced Electronics, in an amount not to exceed $112,000 per
year, for an antenna site lease, was approved.
I-H: Franklin Street Water Reservoir - recommendation to authorize
the City Manager to negotiate and execute Contract No. 8391 (CCS) with
Denboer Engineering and Construction, Inc., in the amount of $279,500, for
the Franklin Street Reservoir Roof Strengthening project, was approved.
~
2
September 28, 2004
WATER USE REBATE
PROGRAM
STA MOU
CHARNOCK WELL
FIELD
CITY CORPORATE
YARDS
1544 7m STREET
CLOSED SESSIONS:
Council member 0 'Connor
arrived at 6: 35 p.m.
SPECIAL ITEMS:
ORDINANCES:
LANTANA PROJECTS
I-I: Rebate Program for Water Efficient Devices - recommendation tc
authorize the City Manager to negotiate and execute Contract No. 8392
(CCS) with the Metropolitan Water District of Southern California to
extend the Commercial, Industrial and Institutional Regional Rebate
Program from July 1,2004 through December 31,2004, was approved.
I-J: Resolution No. 9983 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
SUPERVISORS TEAM ASSOCIATES," was adopted.
I-K: Restoration of the Charnock Well Field - recommendation to
authorize the City Manager to negotiate and execute Agreement No. 8393
(CCS) with Kennedy/Jenks Consultants, Inc., for engineering support
services during the restoration of the well field, was approved.
l-L: City Corporate Yard remediation - recommendation to authorize
the City Manager to negotiate and execute an amendment to Contract No.
127 (CD) with ICF Consulting, in the amount of$54,990, for environmental
assessment and remediation activities at the City Corporation Yard, was
approved.
I-M: Resolution No. 9984 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL
SUBDIVISION MAP FOR TRACT NO. 53675 TO SUBDIVIDE A
PROPERTY AT 1544 7TII STREET FOR A 17-UNIT PROJECT," was
adopted.
On order ofthe Mayor, the City Council recessed at 5:59 p.m., to hear
closed sessions and reconvened at 7:05 p.m., with all members present.
Action taken on closed sessions was reported at the end of the meeting.
4-A: Mayor Bloom issued a proclamation declaring the month of
October 2004 as "Disability Awareness Month" in the City of Santa
Monica.
On order of the Mayor, Item 7-A to be heard before Item 6-A.
7-A: Second reading and adoption of Ordinance No. 2140 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
APPROVING THE DEVELOPMENT AGREEMENT No. 8396 (CCS)
BETWEEN THE CITY AND LANTANA NORTH InNES DEVELOP-
MENT," and second reading and adoption of Ordinance No. 2141
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September 28, 2004
APPEALS:
3010 WILSHIRE BLVD.
PROMENADE USES
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT No.
8397 (CCS) BETWEEN THE CITY AND LANTANA SOUTH InNES
DEVELOPMENT," were presented.
Motion by Councilmember Katz. seconded by Councilmember Feinstein, to
adopt the ordinances, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
6-A: Appeal of Planning Commission's CEQA determination for
unmanned wireless communications facility at 3010 Wilshire Boulevard
- recommendation to deny appeal and uphold the Planning Commission's
CEQA determination exempting the proposed project from further
environmental review based on the findings in the report, was presented.
Appellant Matthew Baird and representative Jan Chatten-Brown spoke in
support of the appeal.
Barbara Farrish, representing Applicant Infranext for AT&T Wireless, spoke
in opposition of the appeal.
Discussion ensued regarding the accuracy of information contained in
applicant's application to the FCC. On order of the Mayor, and with the
consensus of Council present, this matter was continued to December 14,
2004, to allow interested parties to get clarification.
On order of the Mayor, members of the public unable to return were
allowed to present their public comment as follows: Members of the public
Dave Carlson, Patty Cross, John Goodwin, Joey Fullmer, Susan Fraser,
Rebekah Brod, and Barbara Kolo spoke in support of the appeal.
7-B: Second reading and adoption of Ordinance No. 2142 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 9 OF THE MUNICIPAL CODE TO LIMIT THE
PROMENADE FRONTAGE OF ANY NEW OR EXPANDING RET AlL
USE TO FIFTY LINEAR FEET UNLESS A USE PERMIT IS
OBTAINED," was presented.
4
September 28, 2004
c;;;;:
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, to adopt the ordinance, reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
SUBSTANTIAL
REMODEL
7-C: Second reading and adoption of Interim Ordinance No. 2143
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONIC)
EXTENDING THE PROVISIONS OF ORDINANCE 2136 (CCS)
MODIFYING THE THRESHOLD AT WHICH A STRUCTURE IS
DETERMINED TO BE SUBSTANTIALLY REMODELED AND
THEREBY SUBJECT TO ALL CURRENT APPLICABLE ZONING
CODE REGULATIONS, ESTABLISHING EXCEPTIONS TO THE
SUBSTANTIAL REMODEL REQUIREMENTS, AND AUTHORIZING
ZONING ADMINISTRATOR ADmSTMENTS IN SPECIFIED
CIRCUMSTANCES," was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, to adopt the ordinance, reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
STAFF ITEMS:
8-A: Auto Dealership Development Standards - recommendation to
hold a public hearing and direct staff to conduct environmental analysis in
compliance with the California Environmental Quality Act and prepare an
interim ordinance to implement revised policy regarding automobile
dealerships, was presented.
Members of the public Chuck Allord, Carissa Crucher, and Bradley Cooper
spoke generally against the proposal.
Members of the public Mark Harding, Chris Harding, Michael Bell, Alex
Tissot, and Brenda Katz spoke in support of car dealerships and generally in
support of the proposal.
5
September 28, 2004
Members of the public Darrell Clarke and Kathy Dodson spoke in support of
the Planning Commission's recommendation.
Considerable discussion ensued relative to the staff report, the Planning
Commission's recommendation and issues raised during public comment.
Motion by Councilmember Feinstein.. seconded bv Councilmember Katz, to
approve staff recommendation amended as follows:
- there is to be a short and a long process relative to temporary use permits
(item 7 in the staff report);
- parking structures to be allowed in residential lots and staff to return with
options including that the use revert when the auto use ceases;
- non-parking uses underground will not be allowed; if the dealer wants to
consider non-parking uses, dealer will pay for environmental work;
- look at a housing impact fee for affordable housing to compensate for lost
housing on residential lots;
- consider parapets having solar collectors;
- parking structure height to correspond to the zone's height limit, or 28"
whichever is lower;
- access to be off commercial property unless existing development excludes
the option;
- and, there is to be periodic reporting regarding migration of auto uses to
the LMSD and Ml.
The motion, as amended, was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
EAST/WEST CORRIDOR 8-B: East/West Corridor Task Force recommendations-
TASK FORCE recommendation that the City Council conceptually approve the East-West
Commercial Corridor Parking Task Force recommendations to improve
parking opportunities along Wilshire Boulevard, Santa Monica Boulevard,
Pico Boulevard, Montana Avenue, and Ocean Park Boulevard;.and
authorize staff to proceed with the next steps toward implementation.
BBB EXPANSION
On order of the Mayor, this matter was continued to future meeting.
8-C: Big Blue Bus Campus Expansion Project - recommendation to
review schematic design plans and provide comment and feedback as
appropriate, was presented.
6
September 28,2004
....
There was no one present for public comment.
On order of the Mayor, this information was received and filed.
SMS BOND MEASURE 8-D: Update on discussion regarding the proposed Santa Monica
College $135 million November 2004 Bond Measure, partnering tile
College the City of Santa Monica, the City of Malibu and the Santa
Monica-Malibu Unified School district, and Council determination of
level of Council support for the measure.
PUBLIC HEARINGS:
UNDERGROUND
UTILITY DISTRICT
REPORTS-BOARDS
AND COMMISSIONS:
PROPOSmON 63
Councilmember Holbrook
was excused at 11:55 p.m.
Council member Katz was
excused at 12:00 a.m.
On order of the Mayor, this matter was continued to a future meeting.
9-A: 18th Court to Ashland Court North Underground Utility Distric
- recommendation to hold a public hearing to receive public testimony
regarding the establishment of the proposed 18th Court to Ashland Court
North Underground Utility District; and, adopt Resolution No. 9985 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
FINDING THE PUBLIC NECESSITY EXISTS TO ESTABLISH AN
UNDERGROUND UTILITY DISTRICT ALONG 18TII COURT TO
ASHLAND COURT NORTH," was presented.
Members of the public Tom Stringer, Patrik von Krusenstjerna, Josh Bensol
and Kimba Hills spoke in support of the recommendation.
Motion by Councilmember Katz. seconded by Councilmember Feinstein, to
adopt resolution, reading by title only and waiving further reading thereof
The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
10-A: Disabilities Commission recommendation to support the Menta
Health Services Act, Proposition 63, on the November State ballot and
direct staff to take appropriate action to communicate the support of
the measure, was presented.
Members of the public Dena Bloomgarden, Susan Fraser, Penny Mehra,
Roland Moses and Kecia Weller spoke in support of the recommendation.
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September 28, 2004
WRITTEN
COMMUNICATIONS:
PARKING FOR LARGE
VEmCLES
Council member 0 'Connor
was excused at 12: 16 a.m.
MOTORCYCLE BASIC
RIDING COURSE
COUNCIL ITEMS:
BA YSIDE DISTRICT
CORPORATION
Motion by Councilmember Genser, seconded by Councilmember O'Connor,
to approve the recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers O'Connor, Genser, Feinstein, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Holbrook, Katz
NOES:
ABSENT:
12-A: Request of Kathy Ardnt to address Council requesting
appropriate large spaces for large vehicles in public property, and
requesting that vehicles receive a ticket if parked in two regular-size
spaces.
On order of the Mayor, this matter was continued to October 26,2004.
12-B: Request of Erika Willhite, to address Council requesting
assistance in securing a permanent leased training site for the
Motorcycle Safety Foundation basic rider course possibly at the
Municipal Airport, at the South Beach Lot, or at the Civic Auditorium
parking lot.
Member of the public Amanda Cunningham spoke in support of the request.
Motion by Councilmember GenseL seconded by Councilmember Katz, to
direct staff to see if the Airport site is available and to communicate with
other entities in the City, including the School District and the Community
College, and explore other options.
The motion was unanimously approved by voice vote with Councilmembers
O'Connor, Katz and Holbrook absent.
13-A: Annual vacancy appointment to the Bayside District
Corporation, for a term ending June 30, 2008.
On order of the Mayor, the floor was opened to nominations for the Bayside
District Corporation.
Mayor Bloom nominated Michael Guerin. There being no other
nominations, Mr. Guerin was appointed by acclamation with
Councilmembers Katz, Holbrook, and O'Connor absent.
8
September 28, 2004
=-
ANNUAL
APPOINTMENTS
DISABILITIES
COMMISSION
MAYOR'S REPORT-
HOMELESSNESS
13-B: Annual and special vacancy appointments to the following
boards and commissions:
Building and Safety Commission - one vacancy for a term ending June 30
2008.
On order of the Mayor, this matter was continued to October 12,2004.
Commission for the Senior Community - one special vacancy for a term
ending June 30, 2007.
On order of the Mayor, this matter was continued to October 12,)004.
Commission on the Status of Women - one vacancy for a term ending
June 30, 2008.
On order of the Mayor, this matter was continued to October 12, 2004.
Personnel Board - one special vacancy for a term ending June 30,2006.
On order of the Mayor, this matter was continued to October 12, 2004.
Pier Restoration Corporation - one special vacancy for a term ending
November 8,2005.
On order of the Mayor, this matter was continued to October 12, 2004.
13-C: Appointment to one special vacancy on the Disabilities
Commission for a term ending June 30,2006.
On order of the Mayor, this matter was continued to October 12, 2004.
13-D: Report to City Council by Mayor Bloom regarding the draft
plan of Bring LA. Home, the partnership to end homelessness.
On order of the Mayor, this matter was continued to October 12, 2004.
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September 28, 2004
CLOSED SESSIONS
On order of the Mayor, the following action was reported for closed session
matters:
2-A: Conference with Legal Counsel- Existing Litigation: Karen
King v. City of Santa Monica, Case No. BC 281 277.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Inessa
Grin v. City of Santa Monica, Case No. SC 075 307.
ACTION:
Not heard.
2-C: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. P.C.. et aI., Case No. BC 315186.
ACTION:
Not heard.
2-D: Conference with Legal Counsel- Anticipated Litigation:
Number of cases: Five.
ACTION:
F our cases were heard as follows:
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, that on former employee Paul Chistman's case, a previous
settlement in the amount of$32,000 be increased to $38,000 to provide for
PERS and other benefits. The motion was approved by the following. vote:
AYES:
Councilmembers Feinstein, Genser, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Katz, Holbrook, O'Connor
NOES:
ABSENT:
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, that as to the 1535 Ocean Avenue Restaurant, approve to extend
the opening date to April 30, 2005. The motion was approved by the
following vote:
AYES:
Councilmembers Feinstein, Genser, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Katz, Holbrook, O'Connor
NOES:
ABSENT:
10
September 28, 2004
Motion by Councilmember Feinstein. seconded by Mayor Bloom, to
approve settlement with owner of the Mayfair as follows: Owner shall file
either a new complete Administrative Approval application or new complete
Review Permit application; promptly pay all necessary processing and
environmental fees; project shall be reviewed by the ARB in accordance
with standard Code requirements; owner shall file ARB application within
forty-five days after the AAJDR is approved; file for Coastal Commission
approval within forty-five days after all City planning approvals are
obtained; shall file for plan check within 120 days after all final planning
approvals are obtained; obtain a permit for the temporary barricades on
Santa Monica Boulevard at specified costs; construct the sidewalk
improvements on Santa Monica Boulevard to match the Transit Mall
Improvements in accordance with plans approved by the City at a cost up to
$12,000, plus an inflation factor; preserve the 1929 facade of the Mayfair
but will retain the option of trying to persuade the City that the 1911 facade
is superior; include the Mayfair Theater front facade in the New Project
unless its demolition is approved by the Landmarks Commission or City;
shall comply with Section 9.36.190; and the project is subject to the
construction time requirements set forth in the Code. The motion was
approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Katz, Holbrook, O'Connor
NOES:
ABSENT:
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, to the City instituting CEQA litigation challenging L.A.'s approval
of Playa Vista Phase II. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Katz, Holbrook, O'Connor
NOES:
ABSENT:
One unariticipated litigation case was not heard.
2-B: Conference with Legal Counsel- Existing Litigation: Eddie
Johnson v. City of Santa Monica, Case No. SC 080 263.
Motion by Councilmember Feinstein. seconded by Councilmember Genser
to approve settlement in the amount of $20,000, in this bus injury related
11
September 28, 2004
PUBLIC INPUT:
ADJOURNMENT:
case. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Katz, Holbrook, O'Connor
NOES:
ABSENT:
2-F: Conference with Legal Counsel- Existing Litigation: Randall
Martinez v. City of Santa Monica, Case No. SC 064 466.
ACTION:
Not heard.
2-G: Conference with Legal Counsel- Existing Litigation: Abraham
Supino v. City of Santa Monica, Case No. SC 080 283, and related
cases.
ACTION:
Not heard.
Members ofthe public Brian Hutchings and Art Casillas expressed various
concerns.
On order of the Mayor, the City Council meeting was adjourned at 12:45
a.m. to October 12, 2004.
ATTEST:
~'~-~.$
Maria M. Stewart
City Clerk
APPROVED:
~~
Mayor
12
September 28, 2004