M-8/9/2005
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 9, 2005
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tern Katz
at 5:51 p.m., on Tuesday, August 9, 2005, at City Council Chambers, 1685 Main Street.
Ron Call:
Present:
Mayor Pro Tern Herb Katz
Councilrnernber Richard Bloom
Councilmember Ken Genser
Councilrnember Robert T. Holbrook (arrived at 6:00 p.m.)
Councilmember Bobby Shriver
Absent:
Mayor Pam O'Connor
Councilmember Kevin McKeown
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:51 p.m., with
Councilmembers McKeown, Holbrook and Mayor O'Connor absent.
Councilmember Genser 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.
Member of the public Joy Fullmer expressed various concerns.
Motion by Councilmember Genser. seconded by Councilmember Bloom. 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 Genser, Shriver, Bloom, Mayor Pro Tern
Katz
None
Council members Holbrook, McKeown, Mayor O'Connor
NOES:
ABSENT:
August 9, 2005
MINUTES
FURNITURE - MAIN
LmRARY
RADIO EQUJPMENT
S.M. AIRPORT PARK
SAFE SURRENDER
SITES
CIVIC AUDITORIUM -
FEES
PIER REBAB AND
REPAIR
CLOSED SESSIONS:
Council member Holbrook
arrived at 6:00 p.m.
I-A: The minutes of the June 28 and July 12,2005, City Council
meetings, were approved.
I-B: Pur~hase offuroiture for Main Library - recommendation to
award purchase orders, in the amount of $692,612.92, to Teknion LLC,
Herman Miller Workplace Resource, and ICF Group, to furnish
workstations, seating and tables for the Main Library, was approved.
1 :...C: Purchase of Motorola Radio Equipment - recommendation to
award purchase order, in the amount of$215,115.02, to Motorola for radio
. communications equipment for the Fire Department, and appropriate funds,
as proposed. was approved.
I-D: Soil remediation at proposed Santa Monica Airport Park site -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8499 (CCS) with Waste Management, Inc., in the amount of
$220,536, for contaminated soils remediation at the park project site, was
approved.
I-E: Resolution No. 10061 (CCS) entided: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY TO P ARTICI-
PATE IN THE SAFE HAYEN PROGRAM FOR CfllLDREN. AND
RATIFYING FIRE STATIONS AS SAFE SURRENDER SITES," was
adopted.
I-F: Civic Auditorium waiver of rental and parking fees -
recommendation to waive rental and parking fees for the Santa Monica High
School Parent Teacher Student Association College Fair scheduled for
October 18,2005, and October 3,2006, was approved.
1-G: Santa Monica Pier structural rehabilitation and repair project -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8500 (CCS) with John S. Meek Company, in the amount of
$973,980, for Phase II of the structural rehabilitation and repair of the Pier,
was approved.
On order ofthe Mayor Pro Tern, the City Council recessed to closed
sessions at 5:57 p.m., and returned at 7:55 p.m., with Mayor O'Connor and
Councilmember McKeown absent to report the following:
2
August 9, Z005
.
2-A: Conference with Labor Negotiator.
City Negotiator: Karen Bancroft, Director of Human
Resources
Bargaining Units: Administrative Team Association (ATA)
Executive Pay Plan
Public Attorney's Legal Support Staff
Union (P ALSSU).
Management Team Associates (MT A)
Municipal Employees Association (MEA)
Public Attorneys Union (PAU)
Santa Monica Police Officers Assn. (POA)
United Transportation Union (UTU)
ACTION:
Not heard.
2-B: Conference witb Legal Counsel- Existing Litigation: City of
Santa Monica v. Stewart9 Case No. SC 067 033.
Motion by Mayor Pro Tern Katz. seconded by Councilrnernber Shriver. to
approve settlement on Fred Woocher's claim against the City for attorney
fees in the amount of $229,191.84. The motion was approved by the
following vote:
AYES:
Councilrnembers Genser, Shriver, Holbrook, Bloom, Mayor
Pro Tern Katz
None
Council member McKeown, Mayor O'Connor
NOES:
ABSENT:
2-C: Conference witb Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. P.C., Case No. BS 315186.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: Russell
Barnard v. City of Santa Monica, Case No. BC 281367.
ACTION: Heard. No reportablc action taken.
3 August 9, 2005
2-E: Conference with Legal Counsel - Existing Litigation: Linda
Reinbold v. City of Santa Monica, Case No. SC 079 089.
Motion bv Mayor Pro Tem Katz. seconded by Councilmember Bloom. to
approve settlement in the amount of$75,OOO. The motion was approved by
the following vote:
AYES:
Councilmembers Bloom, Holbrook, Shriver, Genser, Mayor
Pro Tern Katz
None
Councilmember McKeown, Mayor O'Connor
NOES:
ABSENT:
2-F: Anticipate significant exposure to litigation punuant to
Government Code Section 54956.9(b): one case, including one dispute
related to real property located at 1522 6th Street.
ACTION:
Heard. No reportable action taken.
2-G: Consultation with Police Chief: Matters Posing A Threat To
Public Facilities.
ACTION: Consultation held. The City Attorney reported that
the City Council also. held a consultation with the Fire Chief.
ORDINANCES:
RACE ROUTE
7-A: Second reading and adoption of Ordinance No. 21163 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING SECTION 4.68.160 OF TIlE MUNICIPAL CODE TO
ESTABLISH A NEW 5/IOK RACE ROUTE, ELIMINATE AN
EXISTING RACE ROUTE, AND MODIFY THE PERMITTED RACE
TIME, FREQUENCY, AND LANE CONFIGURATION
PARAMETERS," was presented.
Motion by Councilmember Holbrook. seconded by Councilmember Genser.
to adopt ordinance, reading by title only and waiving further reading thereof
The motion was approved by the following vote:
AYES:
Council members Bloom, Holbrook, Shriver, Genser, Mayor
Pro Tern Katz
None
Councilmember McKeown, Mayor O'Connor
NOES:
ABSENT:
4
August 9, 2005
DRIVEWAYS REQUIRED 7-B: Second reading and adoption of Interim Ordinance No. 2164
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
EXTENDING PROVISIONS OF INTERIM ORDINANCE NO. 2159
(CCS) TO ALLOW ADMINISTRATIVE APPROVAL OF NUMBER
AND TYPE OF DRIVEWAYS REQUIRED FOR PARKING STRUC-
TURES WITH OVER 40 SPACES IN MUL TI-F AMIL Y, COMMERCIAL
AND INDUSTRIAL DISTRICTS." was presented.
Motion by Councilmember Holbrook. seconded by Councilmember Bloom.
to adopt ordinance, reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES:
Councilmembers Bloom, Holbrook, Shriver, Genser, Mayor
Pro Tern Katz
None
Councilmember McKeown, Mayor O'Connor
NOES:
ABSENT:
FIRE SPRJNKLERS & 7-C: Second reading and adoption of Ordinance No. 2165 (CCS)
PLUMBING FIXTURES entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADOPTING THE 2005 EDITION OF THE CALIFORNIA ENERGY
CODE AND LOCAL AMENDMENTS TO THE CALIFORNIA
BUILDING, ENERGY AND PLUMBING CODES RELATED TO FIRE
SPRINKLERS IN EXISTING BUILDINGS, ADDITIONAL ENERGY
CONSERVATION MEASURES AND THE USE OF NON W ATER-
USING URINALS AS PLUMBING FIXTURES; ADDS NEW
REGULATIONS RELATED TO ABRASIVE BLASTING AND
OPERATOR QUALIFICATIONS; EXTENDS TIME TO OBTAIN
BUILDING PERMITS; PROVIDES PRIORITY PLAN CHECKING FOR
LEED CERTIFIED GREEN BUILDINGS; CHANGES REQUIREMENTS
FOR RESIDENTIAL BUILDING RECORDS; AND TRANSFERS
INSPECTION RESPONSffiILITY FOR SEWER CAPPING TO THE
BUILDING OFFICER," was presented.
Motion by Councilmember Holbrook. seconded bv Mavor Pro Tern Kat~ to
adopt ordinance, reading by title only and waiving further reading thereof
The motion was approved by the following vote:
AYES:
Councilmembers Bloom, Holbrook, Shriver. Genser. Mayor
Pro Tern Katz
None
Council member McKeown, Mayor O'Connor
NOES:"
ABSENT:
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August 9, 2005
LANDMARKS
ORDINANCE
COMMERCIAL AND
INDUSTRIAL USES
HEDGES, FENCES,
WALLS
7-D: Second reading and adoption of Ordinance No. 2166 (CCS)
entitled "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING NON-SUBSTANTIVE PROVISIONS OF SECTIONS
9.36.120 AND 9.36.180 OF THE LANDMARKS ORDINANCE TO
ELIMINATE ACTUAL OR POTENTIAL AMBIGUITIES IN THE
ORDINANCE AND TO SERVE THE INTERESTS OF CLARITY AND
BREVITY," was presented.
Motion by Councilmember Holbrook. seconded by Councilmember Bloom
to adopt ordinance, reading by title only and waiving further reading thereof
The motion was approved by the following vote:
AYES:
C~uncilmembers Bloom, Holbrook, Sluiver, Gtfnser, Mayor
Pro Tern Katz
None
Councilmember McKeown, Mayor O'Connor
NOES:
ABSENT:
7-E: Introdudion and first reading of an ordinance amending Section
9.04.18.040 ofthe Municipal Code to allow existing commercial and
industrial uses with valid conditional use pennits without expiration
dates to remain, subject to a renewed Conditional Use Perinit, was
presented.
Member of the public Kevin Kozal spoke in support of the proposed
ordinance.
Motion bv Councilmember Holbrook. seconded bv Mavor Pro Tern Katz. to
introduce the ordinance for first reading, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Bloom. Holbrook, Shriver, Genser, Mayor .
Pro Tern Katz
None
Council member McKeown, Mayor O'Connor
NOES:
ARSENT:
7-F: Introduction and first reading of an interim ordinance extending
and adjusting the modifications to fence, wall and hedge standards,
including changes to the hedge definition, allowable hedge heights,
defined front yard area, front yard ornamental structures, front yard
6
August 9, 2005
safety guardrails, and terraced walls; grandpa renting existing non-
conforming hedges, fences, and walls, and establishing administrative
and discretionary height modification procedures, was presented.
Members of the public Joe Natoli and Jerry Rubin spoke generally in support
of the proposed ordinance.
Motion by Council member Genser. seconded by Mayor Pro Tern Katz. to
introduce the ordinance for first reading, reading by title only and waiving
further reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Bloom, Holbrook, Shriver, Genser, Mayor
Pro Tern Katz
None
Councilmember McKeown, Mayor O'Connor
NOES:
ABSENT:
STAFF ITEMS:
DENSITY BONUS LAW
8-A: Discussion of changes to California's density bonus law and
direction to staff to prepare an ordinance to comply with State law -
recommendation that Council discuss recent changes to California's density
bonus law, provide direction on how best to align local'objectives and
policies regarding affordable housing with State law, and direct staff to
prepare an ordinance to comply with State law, was presented.
Member of the public Joy Fullmer expressed various concerns.
Discussion ensued among Councilmemben on the changes in State law, the
needs of the City for affordable housing, and necessary direction to give
staff.
On order of the Mayor, the information was received and filed.
W ASTEW A TER BONDS 8-B: Wastewater Enterprise Revenue Bonds - recommendation to
adopt Resolution 20062 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA AU1HORIZING THE ISSUANCE OF
WASTEWATER ENTERPRISE REVENUE BONDS (HYPERION
PROJECT), 2005 SERIES A, APPROVING THE EXECUTION AND
DELIVERY OF AN INDENTURE, ESCROW AGREEMENT, BOND
PURCHASE AGREEMENT AND TIlE PREPARATION OF AN
OFFICIAL STATEMENT," was presented.
There was no one preseilt for public comment.
7
August 9, 2005
SAMPLES AND
PROMOTIONAL
MATERIALS
1327-1337 OCEAN
Mayor Pro Tem Katz was
excused at 8:43 p.m.
Motion by Council member Holbrook. seconded by Mavor Pro Tern, to
adopt resolution, reading by title only and waiving further reading thereof
The motion was approved by the following vote:
AYES:
Councilmembers Bloom, Holbrook, Shriver, Genser, Mayor
Pro Tern Katz
None
Council member McKeown, Mayor O'Connor
NOES:
ABSENT:
8-C: Recommendation to direct staff to prepare an ordinance
restricting the distribution of commercial product sampl~ and
promotional materials on publi~ property to the Santa Monica Pier and
the Bayside District, was presented.
Members of the public Joy Fullmer, Jerry Rubin, and Joe Natoli spoke in
support of the recommendation.
Motion by Council member Genser. seconded by Councilmemher Holbrook.
to approve recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers Bloom, Holbrook, Shriver, Genser, Mayor
Pro Tern Katz
None
Councilmember McKeown, Mayor O'Connor
NOES:
ABSENT:
8-D: Discussion or concept plan for development agreement related to
1327-1337 Ocean Avenue - recommendation that Council discuss proposed
and appropriateness of development agreement for redevelopment of the site
and provide direction regarding the potential public benefits and negotiating
points that should be addressed, was presented.
Mayor Pro Tern Katz advised he had a conflict of interest with this matter
and requested to be excused. Councilmember Holbrook assumed the Chair
as Temporary Mayor Pro Tern.
Members of the P4blic Janek Pombrona and Ben Reznick spoke in support
of the recommendation.
Motion by Councilmember Genser. seconded by Councilmember Bloom, to
direct staff to negotiate development agreement including conditions that the
8
August. 9, 2005
WRITTEN REQUESTS:
DAY LABORERS
Mayor Pro Tem Katz
relurned a18:57 p.m.
COUNCIL ITEMS:
VACANT CODE
ENFORCEMENT
POSITIONS
APPOINTMENTS:
SENIOR COMMUNITY
EMERITUS
APPOINTMENT
plaza should be a public plaza. The motion was approved by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Holbrook, Shriver, and Genser
None
Council member McKeown. Mayor Pro Tern Katz, Mayor
O'Connor
I2-A: Request of Linda Rider to discuss the matter of day laborers at
the 11th Street and Colorado intersection and to request that a "no
loitering" zone be established, was presented.
Members of the public Charles Bunin, Gene Griffith, and Jerry Rubin spoke
in support of the request.
On order of the Mayor Pro Tern, this matter was refened to staff for options
for possible resolutions.
I3-A: Request of Councilmember Shriver to advance consideration of
a planned discussion of Code Compliance activity so that a timely
determination can be 'made regarding whether the three authorized
currently vacant Code Compliance positions are necessary and could
finance other community priorities, was presented.
There was no one present for public comment.
On order of the Mayor Pro Tern, and with the consensus of
Councilmembers, staff was directed to return with infonnation on status of
code enforcement and analysis of this request.
13-B: Annual and special vacancy appointments to the following
boards and commissions:
Commission for the Senior Community - one special vacancy with'a term
ending June 30, 2007.
On order of the Mayor Pro Tern, this matter was continued to September 13,
2005.
The Mayur Pro Tern opened the floor for nominations for one Emeritus
position on the Commission for the Senior Community.
9
August 9, 2005
SOCIAL SERVICES
COMMISSION
BLDG. & SAFETY
BA YSIDE DISTRICT
DISABILITIES
COMMISSION
RECRUITMENT OF
CITY MANAGER
Council member Holbrook nominated Rosemary Regalbuto. There being no
other nominations, Ms. Regalbuto was appointed by acclamation with Mayol
O'Connor and Councilmember McKeown absent.
Social Services Commission - one vacancy for a term ending June 30,
2009.
On order of the Mayor Pro Tern, this matter was continued to September 13,
2005.
13-C: Appointment to one special vacancy on the Building and Safety
Commission for a term ending June 30, 2008.
The Mayor Pro Tern opened the floor for nominations for the Building and
Safety Commission.
Councilmember Bloom nominated Charles Muttillo. There being no other
nominations. Mr. Muttillo was appointed by acclamation, with Mayor
O'Connor and Councilmember McKeown absent.
13-D: Appointment to one special vacancy on the Bayside District
Corporation for a term ending June 30, 2007.
The Mayor Pro Tern opened the floor for nominations for the Bayside
District.
Councilmember Bloom nominated Kelley Wallace. There being no other
nominations. Kelley Wallace was appointed by acclamation, with Mayor
O'Connor and Councilmember McKeown absent.
13-E: Appointment to one special vacancy on the Disabilities
Commission for a term ending June 30,2007.
On order of the Mayor Pro Tern, this matter was continued to September 13,
2005.
13-F: Request of Mayor O'Connor and Mayor Pro Tern Katz to
appoint an ad hoc subcommittee to oversee recruitment of candidates
(or the po~ition of City Manager and to direct staff to engage an
executive search firm, was presented. .
Members of the public Pro Se and Jerry Rubin commented on aspects of the
request.
10
August 9, 2005
PUBLIC INPUT:
ADJOURNMENT:
Motion by Mayor Pro Tern Katz. seconded by Council member Shriver, to
appoint Mayor O'Connor and Councilmember Holbrook. The motion was
unanimously approved by voice vote, with Councilmember McKeown and
Mayor O'Connor absent.
Members of the public Pro Se and M. Ross discussed various concerns.
On order of the Mayor, the City Council meeting w ~oumed at 9:51
p.m., in memory of Michael Schmeck and "Nichola J. E
AT~
,-^I~~ ~ .
Maria M. Stewart
City Clerk
11
August 9, 2005