M-9/13/2005
CITY OF SANTA MONICA
SPECIAL CITY COUNCIL MINUTES
SEPTEMBER 13, 2005
A special meeting of the Santa Monica City Council was called to order by Mayor Pro Tern Katz
at 5:13 p.m., on Tuesday, September 13, 2005, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Pro Tern Herb Katz
Councilmember Richard Bloom
Councilmember Ken Genser
Council member Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Bobby Shriver
Absent:
Mayor Pam O'Connor
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE
On order of the Mayor Pro Tern, the City Council convened at 5:13 p.m.,
with Mayor O'Connor absent. Councilmember Ken Genser led the
assemblage in the Pledge of Allegiance.
CLOSED SESSIONS:
There was no one present for public comment.
On order of the Mayor Pro Tern, the City Council recessed at S: 14 p.m., to
discuss closed sessions and reconvened at 7: 15 p.m., with Mayor O'Connor
absent, to report the following;
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 StatT
Union (PALSSU).
Management Team Associates (MTA)
Municipal Employees Association (MEA)
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September 13,2005
Public Attorneys Union (pAU)
Santa Monica Police Officers Assn. (POA)
United Transportation Union. (UTU)
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. P.C.. Case No. BS 315186.
ACTION:
Not heard.
2-C: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. City of Los Anaeles (playa Capital Company, Real
Party in Interest), Case No. BS 093 502.
ACTION:
Not heard.
2-D: Confereoce with Legal Counsel - Existing Litigation: Russell
Barnard v. City of Santa Monica, Case No. BC 281367.
ACTION:
Not heard.
2-E: Conference with Legal Counsel- Existing Litigation: Coalition
for a Livable Santa Monica v. City of Santa Monica, Case No. SS 013
463.
ACTION:
Heard. No reportable action taken.
2-F: Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9(b): one case, iocluding a dispute
related to real property located at 1522 6th Street.
ACTION:
Not heard.
CONSENT CALENDAR: Members of the public Joey Fullmer, Joe Natoli and Pro Se expressed
vanous concerns.
At the request of Council member McKeown, Item I-A was removed from
the Consent Calendar.
At the request of Council member Shriver, Items I-M and I-N were
removed from the Consent Calendar.
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September 13, 2005
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Motion by Councilmember McKeown. seconded by Councilmember Bloom,
to approve the Consent Calendar, with the exception of Items l-~ I-M, and
I-N, 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
None
Mayor O'Connor
NOES:
ABSENT:
2702 ARIZONA I-B: Resolution No. 10063 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP NO.
27110 TO SUBDIVIDE A PROPERTY FOR A 3-UNIT CONDOMINIUM
PROJECT AT 2702 ARIZONA AVENUE", was adopted.
403-405 IDAHO I-C: Resolution No. 10064 entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA APPROVING FINAL PARCEL MAP NO. 060641
TO SUBDIVIDE A PROPERTY FOR A 2-UNIT CONDOMINRJM
PROJECT AT 403-405 IDAHO AVENUE;' was adopted.
PLANNING SERVICES I-D: Contract amendment for additional Planning Department
services - recommendation to authorize the City Manager to negotiate and
execute an amendment to Contract No. 8501 (CCS) (previously Contract
No. 1130) with Civic Solutions, Inc., in the amount of $106,440. for
additional planning services required by the Planning Division, was
approved.
RAPID 3 BUS SHELTERS I-E: Rapid 3 Bus Shelters - recommendation to authorize the City
Manager to negotiate and execute an amendment to Contract No. 8502
(CCS) (previously Contract No. 1139) with Ampmon, Inc., in the amount of
$142,900, to complete the technical designs, preparation of construction
documents, and permit coordination services for the Rapid Bus shelters at
several locations, was approved.
CHARNOCK WELL
I-F: Consulting services for restoration of drinking water produdion
from the Charnock Well Field - recommendation to authorize the City
Manager to negotiate and execute Contract No. 8503 (CCS) with Environ
International Corporation, in the amount of$5,867,898, for field consulting
services to the City and Charnock Engineering Committee to restore
drinking water production.
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September 13, 2005
GARDEN PROJECT
I-G: Grant funds for water-efficient Garden Project outreach -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8504 (CCS) with the Metropolitan Water District of Southern
California (MWD) to accept and appropriate a $25,000 City Makeover Next
Step Grant to continue educational programs centered around the
garden\garden demonstration project; and appropriate grant funds and
approve budget changes as proposed, was approved.
DEMOLmON - FORMER I-H: Rehabilitation phase or demolition for former Police Building -
POLICE BUILDING recommendation waive competitive bid procedures and authorize the City
Manager to negotiate and execute Contract No. 8505 (CCS)with ROD
Builders, Tnc., in the amount of$343,000, for the rehabilitation phase of the
demolition project, was approved.
851 19m STREET
ALCOHOL UCENSES
HAZARDOUS WASTE
BYBRID-ELECfRlC
SHUTTLE BUSES
FlNANClALSERVICES
1-1: Statement of Official Action - 85119th Street - recommendation
to approve Statement of Official Action taken on appeal for denial of
Vesting Tentative Parcel Map No. 061408 for an airspace subdivision at 851
191b Street for the purpose of constructing four new residential condominium
units, was approved.
I-J: Resolution No. 10065 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE DIRECTOR OF
PLANNING AND COMMUNITY DEVELOPMENT TO COMMENT TO
THE CALIFORNIA DEPARTMENT OF ALCOHOL BEVERAGE
CONTROL ON THE TRANSFER OF EXISTING OFF-SALE ALCOHOL
LICENSES", was adopted.
l-K: Hazardous waste management and transportation services -
recommendation to award Bid No. 2890 to PSC Rho-Chem, with an
estimated annual expenditure of$200,000, to provide hazardous waste
management and transportation services, was approved.
l-L: Purchase of hybrid-electric shuttle buses - recommendation to
authorize the City Manager to negotiate and execute sole-source Contract
No. 8506 (CCS) with E-Bus, Inc., in the amount of$I,875,432, for the
purchase of five plug-in, hybrid-electric shuttle buses, was approved.
1-0: Contract for financial services - recommendation to authorize the
City Manager to negotiate and execute Contract No. 8507 (CCS) with
Kelling, Norcross & Nobriga, and Contract No. 8508 (CCS) with CSG
Advisors, for the provision of financial advisory services for the City, the
Redevelopment Agency, and the Parking Authority, was approved.
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September 13, 2005
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MINUTES
AIRPORT LANDING
FEE
LEGAL SERVICES
SPECIAL ITEMS:
I-A: Approval of minutes June 21, July 26, and August 9, 2005, City
Council meetings.
Councilmember McKeown advised he removed this Item from the Consent
Calendar because he was absent from the meetings and wanted to abstain on
the vote.
Motion by Councilmember Genser. seconded by Councilmember Shriver. to
approve the minutes as submitted. The motion was approved by voice vote,
with Councilmember McKeown abstaining and Mayor O'Connor absent.
I-M: Santa Monica Airport Landing Fee Program - recommendation
to authorize the City Manager to negotiate and execute a contract with
Palmer & Dodge, LLP, for legal services related to the resolution of the
Landing Fee Program and to assist in future discussions with the FAA
regarding airport operational issues.
I-N: Contract for legal services - recommendation to authorize the City
Manager to negotiate and execute an agreement with Kane, Ballmer &
Berkman, for legal services on behalf of the City, the Redevelopment
Agency, and the Parking Authority.
Councilmember Shriver requested to address Items I-M and I-N
concurrently. Councilmember Shriver stated that he removed these items
from the Consent Calendar to propose that caps be placed on the contract so
they would not be open ended.
Discussion ensued. It was the consensus of Council that Items I-M and I-N
be continued to September 27, 2005, and that staff modify the report with
appropriate language.
4-A: Presentations and update regarding homeless services, including
Housing and Urban Development Grant Award, Westside Shelter and
Hunger Coalition Success Breakfast, and new services model that
provides immediate access to housing.
Presentations were made and the grant award was presented to the City.
The Mayor Pro Tern accepted the check on behalf qfthe City.
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September 13, 2005
ORDINANCES:
FENCES, WALLS, AND
HEDGES
UNATTENDED
STRUCTURES -
PALISADES PARK
7-A: Second reading and adoption ofOrdinaDce No. 2168 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING SECTION 9.04.18.040 OF THE MUNICIPAL CODE TO
ALLOW EXISTING COMMERCIAL AND INDUSTRIAL USES TO
RENEW CONDITIONAL USE PERMITS THAT DO NOT CONTAIN
TIME LlMlTS," was presented.
Motion by Councilmember Holbrook seconded by Mayor Pro Tern Katz~ to
adopt the ordinance, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tern Katz
None
Mayor O'Connor
NOES:
ABSENT:
7-B: Second reading and adoption of Interim Ordinance No. 2169
(CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY OF
SANTA MONICA EXTENDING AND ADJUSTING THE
MODIFICATIONS TO FENCE, WALL AND HEDGE STANDARDS,
INCLUDING CHANGES TO THE HEDGE DEFINITION,
ALLOW ABLE HEDGE HEIGHTS, DEFINED FRONT YARD AREA,
FRONT YARD ORNAMENTAL STRUCTURES, FRONT YARD
SAFETY GUARDRAILS, AND TERRACED WALLS;
GRANDPARENTING EXISTING NONCONFORMING HEDGES,
FENCES, AND WALLS, AND ESTABLISHING ADMINISTRATIVE
AND DISCRETIONARY HEIGHT MODIFICATION PROCEDURES,"
was presented.
Motion by Councilmember McKeown. seconded by Councilmember Shriver,
to adopt the ordinance, reading 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 Tem Katz
None
Mayor O'Connor
NOES:
ABSENT:
7-C: Introduction and fint reading of an ordinance Amending
Section 4.55.060 of the Municipal Code relating to the erection of
unattended structures in Palisades Park, was introduced.
There was no one present for public comment.
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September 13, 2005
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DEVEWPMENT AND
DESIGN STANDARDS
Motion by Councilmember Holbrook seconded by Councilmember Bloom,
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, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tem Katz
None
Mayor O'Connor
NOES:
ABSENT:
7-D: Introduction and first reading of an ordinance modifying the
development, design, and application review standards and thresholds
for projeds developed within the BSCD, C3, and C3C Zoning Districts,
including but not limited to building heights, setback and step back
requirements, design standards and guidelines for building streetfronts,
sidewalls, parking access, and courtyards, and eliminating tbe design
compatibility permit for condominiums and administrative approvals,
was presented.
The following members of the public spoke to various aspects of the
proposed ordinance:
Joey Fullmer, Brian Hutchings and M. Ross expressed various concerns;
Eileen Fraser and Doug Singletary spoke of the effects of the proposal on
houses of worship; Joan Charles and Michael Folonis spoke in support of
changes to the proposed ground floor heights, minimizing or eliminating
landscape requirements; curb cuts, reducing parking requirements and
emphasizing the difference between ground and upper floors; Kathleen
Rawson spoke against the proposed standards as being too rigid; Darrel
Clark spoke in support of more notice and time for review of the proposal
by the Planning Commission; Matt Baird spoke in support of current
standards and against the proposal; Chris Harding spoke in general support
and provided suggestions for changes; Chuck Allord, Arthur Harris, Jeff
Siegel and Ellen Brennan spoke in opposition ofthe proposal; Allen
Freeman and Craig Jones spoke in support of the proposal; David Kaplan
spoke in support of historic structures.
Motion by Councilmember Bloom, to approve staff recommendation,
amended to eliminate from proposal language relating to courtyards, open
space and solar access. Motion died for lack of a second.
Motion by Councilmember McKeown. seconded by Councilmember Bloom.
to restrict discussion to the five points raised by ARB Chair, Ms. Charles,
including: raising ground floor to accommodate retail space; emphasize
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September 13, 200S
difference in design between exterior ground floor and upper floors;
minimize/eliminate landscaping requirements; make parking accessible from
alley with curbcuts; and relax parking requirements for smaller spaces.
. Councilmember Genser suggested adding to the discussion giving the
appropriate entity (ARB or Planning Commission) discretion and/or
authority to alter envelopes when they impact adjacent historical resources.
The maker and seconder of the motion accepted Councilmember Genser' s
suggestion as a friendly amendment.
The motion, as amended, was approved by voice vote, with Mayor Pro T em
Katz in opposition and Mayor O'Connor absent.
Motion by Councilmember Genser. seconded by Councilmember Bloom, to
adopt standards of I8-feet for ground floor height on and around the 3M
Street Promenade, and I5-feet elsewhere. The motion was unanimQusly
approved by voice vote, with Mayor O'Connor absent.
Motion by Councilmember McKeown. seconded by Councilmember Bloom.
to emphasize through design, different material, change in planes and the
like, the difference between exterior ground floor and upper floors. The
motion was unanimously approved by voice vote, with Mayor O'Connor
absent.
Motion by Councilmember Bloom. seconded by Councilmember Genser, to
eliminate curbcuts by providing for alley access. The motion was
unanimously approved by voice vote, with Mayor O'Connor absent.
Motion by Councilmember McKeown. seconded by Councilmember Bloom.
to minimize or eliminate landscaping requirements to avoid retail windows
being blocked by plantings or impede pedestrian orientation. The motion
was unanimously approved by voice vote, with Mayor O'Connor absent.
Motion by Councilmember Bloom. seconded by Mayor Pro Tem Katz. to
direct staff to return with language to minimize or eliminate parking for
small sites, with a cap on the small sites. The motion was unanimously
approved by voice vote, with Mayor O'Connor absent.
Motion by Councilmember Genser. seconded by Councilmember Bloom. to
direct staff to respond to the concerns expressed related to setbacks adjacent
to historical structures. The motion was unanimously approved, with Mayor
O'Connor absent.
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September 13, 2005
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LmRARY BONDS
BUS-ONLY LANE -
LINCOLN BLVD.
Motion by Councilmember Bloom. seconded by Councilmember McKeown.
to direct statTto look at the issue of requirements for houses of worship.
The motion was unanimously approved, with Mayor O'Connor absent.
Motion by Councilmember McKeown. seconded by Councilmember Bloom,
to remand the seven items voted upon above to staff, and to return with a
proposed ordinance at a future meeting. The motion was unanimously
appmved, with Mayor O'Connor absent.
7-E: Introduction and adoption of Ordinance No. 2167 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
SETTING THE FY2005-06 TAX RATE FOR THE 1990 AND 2002
LffiRARY GENERAL OBLIGATION BONDS," was presented.
There was no one present for public comment.
Motion by Council member Holbmok. seconded by Councilmember Bloom,
to introduce and adopt the ordinance, reading by title only and waiving
further reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Genser, Shriver, Holbmok, McKeown,
Bloom, Mayor Pro Tern Katz
None
Mayor O'Connor
NOES:
ABSENT:
7-F: Introduction and first reading of an ordinance restricting
parking along Lincoln Boulevard for the creation of a bus-only lane
during peak traffic periods, was presented.
Members of the public Francisca Porchas, Darrell Clarke, Jerry Rubin, Diane
Forte, Terry O'Day, Allen Freeman, Zack Beatty and Denny Zane spoke in
support of the proposal.
Member ofthe public Chuck Allord spoke in opposition to the proposed
ordinance.
Motion by Councilmember McKeown. seconded by Councilmember GeRser,
to introduce ordinance and direct statT to research the possibility of having
"Bike Okay" signage on the bus-only lane as mentioned during public
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September 13,2005
STAFF ITEMS:
l~~O BEACH
PARKING WT
MAIN STREET AND
PICO IMPROVEMENT
DISTRICTS
comment. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tem Katz
None
Mayor O'Connor
NOES:
ABSENT:
8-A: Proposed modification to policies and guidelines for extended
licensing of portion of the 1550 beach parking lot - recommendation to
approve modifications to the policies and guidelines for the 1550 lot to
generate revenue to the Beach fund during the off-season, was presented.
Member of the public David Newberg expressed concerns regarding
possible negative effects this action may have on nearby residents.
Discussion ensued on uses of the lot and the effects on resid~nts living
nearby.
Motion by Council member McKeown. seconded by Councilmember Bloom,
to direct staff to conduct outreach with the affected residents and return at
the next Council meeting. The motion was unanimously approved by voi<:e
vote, with Mayor O'Connor absent.
8-B: Fiscal services for the Main Street Business and the Pico
Boulevard Business Improvement Distrids - recommendation to
authorize the City Manager to terminate contracts with the Valley Economic
Development Center for fiscal services for the Main Street and the Pico
Boulevard business improvement districts, and to negotiate and execute
contracts with the Main Street Business Improvement Association for
administration of its funds, and with Weil & Company for the administration
of the Pico Improvement Organization funds, was presented.
Member of the. public Gary Gordon spoke in SUpport of the
recommendation.
. .
Motion by Councilmember McKeown. seconded by Councilmember Bloom,
to approve staff recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz
None
Mayor O'Connor
NOES:
ABSENT:
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September 13, 2005
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PRC ANNUAL PLAN
AND BUDGET
BA YSIDE DISTRICT
BUDGET AND
MARKETING PLAN
WRITTEN REOUESTS:
RANKED VOTING
8-C: Approval of Santa Moni~a Pier Restoration Corporation
Annual Budget and corresponding Plan of Work for Fiscal Year
2005/06, 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 Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz
None
Mayor O'Connor
NOES:
ABSENT:
8-0: Approval of Bayside District Corporation's Operations and
Marketing Plan and budget for Fiscal Year 2005-06, was presented.
Member of the public Joe Natoli spoke in opposition to the
recommendation. Members of the public Aneeta Sugar, David Ganor,
Sylvia Espinoza, Morgan Diolot, Maya Liberman, Tomer Cohen, and Doron
Meidor expressed concerns regarding the new cart program.
Motion by Councilmember Genser. seconded by Mayor Pro Tern Kag, to
approve staff recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz
None
Mayor O'Connor
NOES:
ABSENT:
12-A: Request of Amy Connolly, representing Santa Monica Ranked
Voting, that Council direct staff to study the feasibility of adopting and
implementing ranked voting, when used to fill more than one seat, for
Santa Monica's municipal elections, was presented.
Members of the public Freida Dubin, Kelly Hayes-Raitt, Zack Beatty, David
Holtzman, Ryan Flegal, Linda Piera-Avila, Jerry Rubin, Charley Luv
Colbert, Ana Maria Jara, Mike Feinstein, Ferris Kawar, and Edith Mendez
spoke in support of the request.
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September 13, 2005
COUNCIL ITEMS:
APPOINTMENTS
SENIOR COMMUNITY
SOCIAL SERVICES
COMMISSION
r "
DISABllJTIES
COMMISSION
LANDMARKS
COMMISSION
Motion by Councilmember McKeown. seconded by Councilmember Genser.
to direct staff to conduct an incremental study, monitor the San Francisco
election in November, keep in touch with other interested parties and
monitor on-going legislation. The motion was approved by voice vote, with
Councilmember Holbrook voting in opposition, and Mayor O'Connor
absent.
13-A: Annual and special vacancy appointments to the foUowing
boards and commissions:
Commission for the Senior Community - one special vacancy for a term
ending June 30, 2007.
On order of the Mayor Pro Tern, this matter was continued to September
27,2005.
Social Services Commission - one annual vacancy for a term ending June 30,
2009.
The Mayor Pro Tern opened the floor for nominations.
Councilmember Bloom nominated Michelle Sorranti Christiansen. There
being no other nominations, Ms. Sorranti was appointed by acclamation,
with Mayor O'Connor absent.
13-B: Appointment to one special vacancy on the Disabilities
Commission for a term ending June 30, 2007.
On order of the Mayor Pro Tem, this matter was continued to September
27, 2005.
13-C: Appointment to one special vacancy on tbe Landmarks
Commission for a term ending June 30, 2008.
The Mayor Pro Tern opened the floor for nominations.
Councilmember McKeown nominated Ruth Shari being no other
nominations, Ms. Shari was appointed by acclamation, with Mayor
O'Connor absent.
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September 13, 2005
AB352
HURRICANE KATRINA
Counci/member Shriver was
excused at 12:25 a.m.
PRoposmONS 74, 75,
AND 76
PUBLIC INPUT:
13-D: Request of Council member Bloom that Council support AB352
(Koretz) Firearm Microstamping.
On order of the Mayor Pro Tern and at the request of Council member
Bloom, the request was withdrawn.
13-E: Request of Councilmember Bloom and Councilmember
Holbrook that Council direct staff to investigate and return with
information and recommendations regarding lessons learned from tile
Hurricane Katrina disaster and report (on September 13, 2005) as to
current circumstances in the affected areas including relief efforts aDd
various means by which Santa Monicans have provided and can still
provide assistance, was presented.
Motion by Councilmember Bloom. seconded by Councilmember Holbrook.
to direct staff to continue to investigate as to lessons learned and
periodically return with information as to lessons learned and what we can
do to improve our response to emergencies; paying attention to those
residents that may be most affected and may have the least resources. The
motion was unanimously approved by voice vote, with Mayor O'Connor
and Councilmember Shriver absent.
13-F: Request of Council member McKeown that the Council strongly
oppose Propositions 74, 75 and 76 on the November 8th California
special election ballot, urging Santa Monicans to register and vote to
protect the educational gains made by our School District with the
support of the City.
Member of the public JeffKrenian spoke in support of the request.
Motion by Councilmember McKeown. seconded by Councilmember Bloom,
to approve request. The motion was unanimously approved by voice vote,
with Mayor O'Connor and Councilmember Shriver absent.
Members of the public Brian Hutchings and Joe Natoli expressed various
concerns.
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September 13, 2005
ADJOURNMENT:
On order of the Mayor Pro Tern. the City Council meeting was adjourned at
12:45 a.m., in memory of the victims of the 9111 terrorist attack and of
Hurricane Katrina.
ATTEST:
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Maria M. Stewart
City Clerk
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September 13.2005
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