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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: 5 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