M-6/28/2005
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
ruNE 28, 2005
A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor
O'Connor at 5:05 p.m., on Tuesday, June 28,2005, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Pam O'Connor
Mayor Pro Tern Herb Katz
Councilmember Richard Bloom
Councilmember Ken Genser (arrived at 5:07 p.m.)
Councilmember Robert T. Holbrook (arrived at 5:07 p.m.)
Council member Kevin McKeown
Councilmember Bobby Shriver (arrived at 5:07 p.m.)
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
CONVENEIPLEDGE
On order of the Mayor, the City Council convened at 5:05 p.m., with Councilmernbers Genser,
Holbrook, and Shriver absent. Councilmember McKeown led the assemblage in the Pledge of
Allegiance.
CLOSED SESSIONS:
On order of the Mayor, the City Council recessed to closed sessions at 5:06 p.rn:, and reconvened
at 7:19 p.m., with all members present, to report the following:
2-A: Conference with Legal Counsel- Existing Litigation: First National Bank v. Baird
Company. et al., Case No. 02 CV 610.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v.
Stewart, Case No. SC 067 033.
ACTION:
Heard. No reportable action taken.
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June 28, 2005
2-C: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v.
Baron & Budd. P.C., Case No. BS 315 186.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel - anticipate significant exposure to litigation
pursuant to Government Code Section 94956.9(b): Four cases, including two disputes
related to real property located at 1522 6th Street and 125 Pacific.
ACTION: Heard one case related to 1522 61h Street, no reportable action was taken. Three
cases not heard.
2-E: Conference with Labor Negotiator.
City Negotiator: Karen Bancroft, Director of Human
Resources
Bargaining Units: Administrative Team Association
Public Attorney's Legal Support Staff
Union
Management Team Associates
Municipal Employees Association
Public Attorneys Union
Santa Monica Police Officers Assn.
United Transportation Union
ACTION:
Heard. No reportable action taken.
CONSENT CALENDAR:
Member of the public Joey Fullmer expressed various concerns.
At the request of Councilmember Shriver Item I-C was removed from the Consent Calendar. At
the request of Mayor Pro Tern Katz, Item I-D was removed from the Consent Calendar.
The Mayor announced that at the request of staff, Item I-A had been withdrawn from
consideration.
Motion by Councilmember Holbrook. seconded by Councilmember Bloom, to approve all items
on the Consent Calendar with the exceptions ofItems I-A, I-C, and I-D, reading resolutions by
title only and waiving further reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor Pro Tern
Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
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June 28, 2005
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1920 OCEAN
I-A: Proposed development of affordable housing at 1920 Ocean Way - recommendation
to authorize staff to take necessary steps to develop affordable housing in the City-owned real
property located at 1920 Ocean Way.
On order of the Mayor, and at the request of staff, Item I-A was withdrawn.
WINDWARD SCHOOL
I-B: Windward School Lease Modification - recommendation to authorize the City Manager
to negotiate and execute an amendment to Lease Contract No. 5457 (CCS) with Windward
School, was approved.
PLANNING SERVICES
l-E: Code enforcement, construction inspection and plan check administration and
review services - recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 8155 (CCS) with JAS Pacific, in the amount of$500,OOO for
temporary Planning services, was approved.
PARK LIGHTING
I-F: Annual Street and Park Lighting Project - recommendation to authorize the City
Manager to negotiate and execute Contract No. 8489 (CCS) with Reedcorp Engineering, in the
amount of$415,000, to provide civil and electrical engineering services for the project, was
approved.
LmRARY - COMPUTER EQUIPMENT
I-G: Computer networking equipment for Main Library - recommendation to award Bid
No. 2889 to Insight Public Sector, in the amount of $366,417.62, to provide computer
networking equipment for the Main Library, was approved.
MENTAL HEALTH SERVICES
I-H: City-funded school-based mental health and support services - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8490 (CCS) with WestEd, in
the amount of $65,000, to provide an external evaluation of school-based mental health and
support services, was approved.
WATER AND SOLID WASTE RATES
I-I: Adoption of resolutions for new water and solid waste rates - recommendation that
Council adopt Resolution No. 10054 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA SETTING WATER RATES AND FEES," and RcsolutionNo. 10053 (CCS)
"A RESOLUTION OF THE CITY OF SANTA MONICA SETTING SOLID WASTE RATES
AND FEES," was approved.
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June 28, 2005
ADELPHIA CABLE
l-C: Contract for legal and financial services related to Adelphia transfer to Time
Warner - recommendation to authorize the City Manager to negotiate and execute Contract No.
8488 (CCS) with Rutan & Tucker, in the amount of $60,000, for outside legal and financial
services related to the transfer application of Adelphia Cable to Time Warner for provision of
cable television in the City, was presented.
Councilmember Shriver advised he removed this item from the Consent Calendar to understand
the necessity of a $60,000 contract to determine that Time Warner, as the applicant, is able to
financially perform and provide the required services. Staff advised that this contract is necessary
to analyze the legal, financial, and technical qualifications of the company and due diligence for
the community.
Motion by Councilmember Bloom. seconded by Council member McKeown, to approve
recommendation. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Shriver, Holbrook, McKeown, Bloom, Mayor Pro Tern
Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
219 CALIFORNIA AVE.
I-D: Resolution No. 10052 entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA APPROVING FINAL PARCEL MAP NO. 27171 FOR A 3-CONDOMINIUM
PROJECT AT 219 CALIFORNIA A VENUE," was presented.
Mayor Pro Tern Katz advised he removed this item from the Consent Calendar because he had a
conflict of interest in the matter and requested to be excused.
(Mayor Pro Tem Katz Was' excused at 7:29p.m.)
Motion by Councilmember Bloom. seconded by Councilmember Holbrook, to approve
recommendation. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor O'Connor
None
Mayor Pro Tern Katz
(MayorPro Tem Katz returned at 7:30 p.m.)
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June 28,2005
ADMIN. ITEMS:
CIVIC CENTER SPECIFIC PLAN
6-A: Appeal of Planning Commission's action on comprehensive update to the Civic
Center Specific Plan -recommendation to uphold the appeal; adopt Resolution No. 10055
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE
ENVIRON-MENTAL IMPACT REPORT," Resolution No. 10056 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING STATEMENT OF
OVERRIDING CONSIDERATIONS," Resolution No. 10057 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING THE CIVIC CENTER
SPECIFIC PLAN; and not adopt resolution approving a discrete amendment of the Land Use
Element, was presented.
Darrell Clark, Appellant, spoke in support of the appeal.
Members of the public Joey Fullmcr and M. Ross expressed their concerns.
Members of the public Broria Finkel, Lawrence Shapiro, and Ian Williamson spoke in support of
affordable housing for artists' live/work spaces.
Member of the public Ellen Khokha spoke in support of the childcare center.
Member of the public Jason Parry spoke in support of expanding the area to maximize affordable
housing
Members of the public Tom Cleys, Ted Winterer, Marcella VavaJa, Dominique LaPage, Mike
Resnick, spoke in support of a thorough historic review including full or partial preservation, and
possible adaptive reuse of the former Rand Headquarters.
Member of the public Julie Lopez Dad spoke against certification of the EIR and the Olympic
Drive and 2nd Street extension; in support of including the review as part of the Land Use Element
and General Plan Update, and a full Landmarks review of the former Rand headquarters.
Members of the public Diana Gordon and Arthur Harris spoke in favor of the removal of Santa
Monica Place from.the Civic Center Specific Plan and against certification of the EIR unless the
City requires a separate environmental review of the Santa Monica Place development.
Member of the public Roger Genser addressed concerns regarding the demolition of the Rand
building, the lack of Landmarks Commission review, the Olympic corridor extension, and the
preservation of the Conrad sculpture.
Member of the public Ellen Brennan spoke in support of the Civic Center Specific Plan with the
removal of the Santa Monica Place project.
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June 28, 200S
Member of the public Dwight Flowers spoke against the approval of the current Civic Center
Plan.
Member of the public Michael Feinstein spoke in support of keeping the height of the housing
buildings in area C ofthe Civic Center Specific Plan, keeping Olympic Boulevard closed to traffic,
and underground parking.
Darrell Clark. Appellant, provided a rebuttal to comments made by the public.
Motion bv Councilmember McKeown. seconded by Councilmember Genser to adopt the
resolution certifying the EIR recognizing that the more recent public process and the Santa
Monica Place segment justifies its full separation from the Civic Center Specific Plan, and further
requiring that any development agreement for Santa Monica Place separately shall include as a
precondition the requirement ofa new EIR using the then current City's traffic methodology,
within the CEQA context. The motion failed by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Genser, McKeown, Mayor O'Connor
Councilmembers Shriver, Holbrook, Bloom, Mayor Pro Tern Katz
None
Motion by Mayor O'Connor seconded by Councilmember Bloom. to adopt the resolution
certi1}'ing the EIR. The motion failed by the following vote:
AYES:
NOES:
ABSENT:
Councilmember Bloom, Mayor O'Connor
Councilmembers McKeown, Holbrook, Shriver, Genser, Mayor Pro Tern Katz
None
Motion bv Councilmember Bloom. seconded by Councilmember Genser. to adopt the resolution
certifYing the EIR, give direction to staff that within the context of the potential Development
Agreement Amendment for Santa Monica Place site, that a traffic study be conducted pursuant to
the City traffic methodology in place at that time, and Council would consider any additional
environmental work deemed appropriate at that time. The motion was approved by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Genser, McKeown, Bloom, Mayor O'Connor
Councilmembers Shriver, Holbrook, Mayor Pro Tern Katz
None
Councilmember Holbrook asked that the record reflect that he voted in opposition because the
motion does not address how to apply the City's values to the traffic methodology and
interpreting the results.
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June 28, 2005
Motion by Council member Genser. seconded by Councilmember McKeown. to approve the staff
recommendation to adopt the resolution adopting a Statement of Overriding Consideration. The
motion passed by the following vote:
AYES:
NOES:
ABSENT:
Councilmernbers Bloom, McKeown, Genser, Mayor O'Connor
Councilrnembers Holbrook~ Shriver, Mayor Pro Tern Katz
None
Motion by Councilmember Genser. seconded by Councilmember McKeown,
to uphold the appeal, adopt the Civic Center Specific Plan Comprehensive Update with the
changes adopted by the Civic Center Working Group including Exhibit B, and stating that a
significant program of housing that approaches or meets 325 residences is achieved.
Motion to amend by Councilmernber Holbrook. seconded by Mayor Pro Tern Katz. that
maximum height of the buildings be limited to 56 feet. The motion was accepted as friendly.
Motion to amend by Mayor Pro Tern Katz. seconded by Councilmember Holbrook. to design and
build Olympic Drive to allow for the possibility that it be open to traffic in the future, but with
current access limited to buses, shuttles, bicycles and pedestrians. The motion failed by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers Shriver, Holbrook, Mayor Pro Tern Katz
Councilmembers Genser, McKeown, Bloom, Mayor O'Connor
None
Motion to amend by Councilmember Holbrook. seconded by Councilmember Shriver, to limit the
housing to 225 units, plus or minus 5%, The motion failed by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, Shriver
Councilmembers Bloom, McKeown, Genser, Mayor Pro Tern Katz, Mayor
O'Connor
None
The main motion passed by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, McKeown, Genser, Mayor O'Connor
Councilmembers Holbrook, Shriver, Mayor Pro Tern Katz
None
Motion by Mayor Pro Tern Katz. seconded by Council member Shriver, to include in the context
of studying the park design elements of the Civic Center Specific Plan, the feasibility of
subterranean parking beneath the park with cutouts for trees and landscaping. The motion passed
by the following vote:
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June 28, 2005
AYES:
NOES:
ABSENT:
Councilmembers Shriver, Holbrook, Bloom, Mayor Pro Tern Katz, Mayor
O'Connor
Councilmembers Genser, McKeown
None
ORDINANCES:
DRIVEWAYS
7-A: Second reading and adoption of Interim Ordinance No. 2159 (CCS) entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA ALLOWING ADMINISTRATIVE
APPROVAL OF THE NUMBER AND TYPE OF DRIVEWAYS REQUIRED FOR PARKING
STRUCTURES WITH OVER 40 PARKING SPACES IN MULTI-FAMILY, COMMERCIAL,
AND INDUSTRIAL DISTRICTS IN THE CITY," was presented.
Motion by Mayor Pro Tern Katz. seconded by CounciJmember Bloom, to adopt ordinance,
reading by title only and waiving further reading thereof The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor Pro Tern
Katz, Mayor O'Connor
None
None
STANDARDS - SUNSET PARKlNORTH OF WILSHIRE
7-B: Second reading and adoption of interim Ordinance No. 2160 (CCS) entitled: ""AN
ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING AND ADJUSTING THE
MODIFICA nONS TO THE DEVELOPMENT STANDARDS FOR PARCELS IN THE R- I
DISTRICTS LOCATED IN THE SUNSET PARK AND NORTH OF WILSIDRE
NEIGHBORHOODS," was presented.
Motion bv Councilmember Bloom. seconded by Mayor Pro Tern Katz, to adopt ordinance,
reading by title only and waiving further reading thereof The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
STAFF ITEMS:
Councilmembers Bloom, McKeowp, Holbrook, Shriver, Genser, Mayor Pro Tern
Katz, Mayor O'Connor
None
None
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June 28, 2005
415 PCH
8-A: Rehabilitation and adaptive reuse of the 415 Pacific Coast Highway Project -
recommendation to authorize the City Manager to negotiate and execute design-build Contract
No. 8491 (CCS) with Pankow Special Projects, in the amount of $3,000,000, for preconstruction
services for the project, and appropriate $21,000,000 in grant funds received from the Annenberg
Foundation, was presented..
There was no one present for public comment.
Motion by Councilmember Genser. seconded by Mayor Pro Tern Katz. to approve staff
recommendation. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Holbrook, McKeown, Bloom, Mayor Pro Tern Katz,
Mayor O'Connor
Councilmember Shriver
None
NOES:
ABSENT:
Councilmember Shriver asked that the record reflect that he voted in opposition because the City
should develop a process for important public spaces or projects. separate from the design-build
process, to encourage firms to bid on these projects.
CROSSWALK ENHANCEMENT
8-B: Crosswalk enhancements and neighborhood traffic improvements for Colorado
A venue, between 20th and Centinela - recommendation to approve proposed enhancements;
authorize the City Manager to negotiate and execute an amendment to existing Contract No.
7877 (CCS) with Kabbara Engineering, in the amount of$110,627, for design engineering design
services; and an amendment to existing Contract No. 7788 (CCS) with DMR. Team Inc., in the
amount of $82,780, for project and construction management and inspection services, was
presented.
Member of the public Chris Kriesa expressed his concerns.
City Attorney Marsha Moutrie shared information from a letter submitted by the Bahji Spiritual
Assembly expressing concerns regarding the proposed enhancements and the reduction of parking
spaces in the vicinity.
Motion by Councilmember Genser. seconded by Councilmember McKeown. to approve staff
recommendation. The motion was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor Pro Tern
Katz. Mayor O'Connor
None
None
NOES:
ABSENT:
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June 28. 2005
CONVENTION & VISITORS BUREAU
8-C: Ratification of cUlTent bylaws of the Convention and Visiton
Bureau and discussion of ~hange to tbe bylaws relative to the appointment of the Board of
Directors, was presented.
There was no one present for public comment.
Motion by Councilmember Genser. seconded by Councilmember McKeown, to request that the
board of the Convention and Visitors Bureau revise its by-laws to allow for City appointment of
all its members or to suggest some other method for appointment.
Motion to amend by Council member Bloom to request that the Convention and Visitors Bureau
respond within 120 days.
Discussion ensued clarifYing the existing prohibitions on political activity with neighborhood
organizations, the need for cooperation with the Convention and Visitors Bureau Board and the
business community, and the need for continued stability for the Convention and Visitors Bureau.
Councilmember Genser revised his motion as follows:
Motion by Councilmember Gensel. seconded by Councilmember McKeown. to invite the Bureau
to work with the City Council to find an alternate way within approximately 120 days to make
appointments to the Board that would represent the business community and reach a solution.
The revised motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Genser, Shriver, McKeown, Bloom, Mayor O'Connor
Councilmember Holbrook. Mayor Pro Tern Katz
None
Motion by Councilmember Genser. seconded by Councilmember McKeown. to clarify the
Council's intent that should an alternate method of appointing Bureau board members be adopted
that Council would reappoint each sitting board member for the remainder of his or her term. The
motion was unanimously approved by voice vote, with all members present.
Motion by Council member Katz. seconded by Councilmember Genser, to ratifY the Convention
and Visitors Bureau 2000 By-Law change. The motion was unanimously approved, with all
members pre,sent .
AD HOC COUNCIL COMMITIEE
8-D: Recommendation to form an Ad Ho~ Committee of the City Council to address
options for solid waste managemen~ including rate structures, was presented,
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June 28, 2005
There was no one present for public comment.
Motion by Mayor O'Connor. seconded by Councilmember Shriver, to appoint Mayor Pro Tern
Katz and Councilmember Genser. Appointments approved by acclamation, with all members
present.
WRITI'EN COMMUNICATIONS:
12-A: Request of Melvyn Kline clarification on responsibilities of City Attorney in
enforcing compliance by Boards and Management in Common Interest Developments
(Condos and Cooperatives), with State and Municipal law, using the current situation at
Ocean Towers Housing Corporation, and the response to request by Ocean Towers
shareholders for assistance from the City Attorney, to illustrate the problem, was presented.
On order of the Mayor, this matter was referred to staff
COUNCIL ITEMS:
APPOINTMENTS
13-A: Annual and special vacancy appointments to the following boards and commissions:
On order of the Mayor, appointments were continued to July 12, 2005.
Accessibility Appeals Board - two annual vacancies.
Airport Commission - one annual vacancy.
Architectural Review Board - two annual vacancies.
Arts Commission - two annual vacancies.
Bayside District Corporation - three annual vacancies.
Building and Safety Commission - three annual vacancies.
Commission for the Senior Community - two annual vacancies and one special vacancy.
Commission on the Status of Women - three annual vacancies and one special vacancy.
Convention & Visitors Bureau - one special vacancy and two annual vacancies.
Disabilities Commission - three annual vacancies.
Housing Commission - four annual vacancies.
Landmarks Commission - two annual vacancies.
Library Board - one annual vacancy.
Personnel Board - one annual vacancy.
Planning Commission - one annual vacancy.
Recreation & Parks Commission - one annual vacancy.
Social Services Commission - two annual vacancies.
RESIGNATION
13-B: Acceptance of Richard Hilton's letter of resignation from the Disabilities
Commission, and authorization (or City Clerk to publish vacancy, was presented.
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June 28, 2005
Motion by Mayor O'Connor. seconded by Councilmember Shriver. to accept resignation with
regrets and authorize City Clerk to publish vacancy. The motion was unanimously approved, with
all members present.
PUBLIC INPUT:
Members of the public Diane M. Feinstein, Pro Se, Jue Natoli, and Chris Kriesa spoke on various
local issues.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:09 a.m., in memory of
former EI Segundo Mayor Mike Gordon.
~
Beth sanCh~
Assistant City Clerk
APPROVED:
(J2!1---
....
Pam O'Connor
Mayor
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June 28, 2005