M-9/27/2005
CIlY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 27, 2005
A special meeting of the Santa Monica City Council was called to order by Mayor O'Connor at
5:39 p.m., on Tuesday, September 27,2005, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Absent:
Mayor Pam O'Connor
Mayor Pro Tern Herb Katz
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Bobby Shriver
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE
CLOSED SESSIONS:
Council member Bloom was
excused at 6:50 p.m.
On order of the Mayor, the City Council convened at 5:39 p.m., with
Councilmember Shriver absent. Councilmember McKeown led the
assemblage in the Pledge of Allegiance.
On order of the Mayor, the City Council recessed at 5:40 p.m., to hear
closed sessions, and returned at 6:50 p.m., with Councilmembers Bloom and
Shriver absent, to report the following:
2-A: Public Employee Evaluation.
Title of Employee: City Clerk
ACTION:
Heard. No reportable action taken.
2.B: 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.
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September 27,2005
2-C: Conference with Legal Counsel - Existing Litigation: RusseR
Bamard v. City of Santa Monica, Case No. BC 281367.
ACTION:
Heard. No reportable action taken.
2-D: Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9(b): one case, including a dispute
related to real property located at 1522 6th Street.
ACTION:
Not heard.
2-E: Conference with Labor Negotiator.
City Negotiator: Karen Bancroft, Director of Human
Resources
Bargaining Units: Public Attomey's Union (PAU).
ACTION:
Heard. No reportable action taken.
CONSENT CALENDAR: Member of the public Pro Se pointed out that minutes of the September 13th
meeting, under the 13-items, indicate that the Mayor was present, when in
fact, the Mayor was absent from the meeting. Member of the public Joey
Fullmer expressed various concerns.
LEGAL SERVICES
Mayor Pro Tern Katz requested that Item I-A be removed from the Consent
Calendar. Councilmember McKeown requested Item I-B be removed from
the Consent Calendar.
Motion by Councilmember Genser. seconded by Mayor Pro Tern Katz. to
approve the Consent Calendar, with the exception ofItems I-A and I-B,
reading resolutions by title only and waiving further reading thereof:
AYES:
Councilmembcrs McKeown, Holbrook, Genser, Mayor Pro
Tern Katz, Mayor O'Connor
None
Councilmembers Bloom, Shriver
NOES:
ABSENT:
I-C: Contract for legal services - recommendation to authorize the City
Manager to negotiate and execute Agreement No. 8512 (CCS) with Kane,
Ballmer & Berkman, for legal services on behalf of the City, the
Redevelopment Agency, and the Parking Authority, and supplemental
report, was approved
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September 27,2005
TAX AUDITING
SERVICES
914 5th STREET
CAFE - MAIN LmRARY
MINUTES
AIRPORT LANDING
FEE PROGRAM
1-0: Sales and use tax auditing services - recommendation to authorize
the City Manager to negotiate and execute Contract No. 8513 (CCS) with
Hiderliter, de Llamas and Associates to provide sales and use tax auditing
and infonnation reporting services, was approved.
l-E: Final Parcel Map No. 26933 for 914 5th Street - recommendation
to adopt Resolution No.. 10066 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP AND
AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A CONTRACT FOR COMPLETION OF PUBLIC
IMPROVEMENTS," was approved.
I-F: The Bookmark Cafe at the new Main Library - recommendation
to authorize the City Manager to negotiate and execute Concession
Agreement No. 8514 (CCS) with G.W. Inc., d.b.a. The Bookmark Cafe, to
operate a concession at the new Main Library, was approved.
I-A: The minutes of the September 13, 2005, City Council meeting,
were presented.
Mayor Pro Tern Katz advised he removed the minutes due to the comments
made during public comment.
Motion by Councilrnember Genser. seconded by Mayor Pro Tern Katz, to
approve the minutes, amended to correct the term "Mayor" to "Mayor Pro
Tern" as applicable to reflect the Mayor's absence from the meeting.
The minutes were unanimously approved by voice vote, as amended, with
Councilrncrnbers Bloom and Shriver absent.
I-B: Santa Monica Airport Landing Fee Program - recommendation
to authorize the City Manager to negotiate and execute Contract No. 8S 11
(CCS) 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, and supplemental report,
was presented.
Councilmember McKeown advised he removed this matter from the Consent
Calendar to clarify whether this finn will be pursuing future discussions with
the FAA relative to safety issues of the runway, including the Airport
Runway Safety area.
Staff responded to questions from Councilmembers.
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September 27, 2005
STUDY SESSION:
LAND USE AND
CIRCULATION
ELEMENTS
Council member Bloom
returned at 9:00 p.m.
Motion by Councilmember McKeown. to adopt staff recommendation with
direction of assertive pursuit of the City's interest in this.
Councilmember Genser asked for a friendly amendment, that because of the
potential litigation involved in this matter, staffbriefthe City Council at the
next Council meeting. The request was accepted as friendly.
The motion died for lack of a second.
Motion by Councilmember Genser. seconded by Mayor O'Connor, to
approve staff recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers Genser, Holbrook, Mayor Pro Tern. Katz,
Mayor O'Connor .
Councilmember McKeown
Councilmembers Bloom, Shriver
NOES:
ABSENT:
Councilmember McKeown, stated for the record, that he voted in opposition
due to his concern for the safety of residents, and that Council should have
given stronger direction.
3-A: Presentation, discussion, and request for direction to staff
regarding the Opportunities and Challenges Report prepared as part
of Land Use and Circulation Elements (Shape the Future 2025 and
Motion by the Ocean) Project. The comprehensive Report sets forth
broad policy questions and focus areas that wiD be the bases of future
study and includes information related to Santa Monica's community
character; land use; transportation; environmental resources;
population, labor force, and economic trends; urban design; and
related theories, was presented.
The following members of the public discussed concerns and issues, and
provided ideas and suggestions on various subjects including but not limited
to traffic congestion, development, building heights, sustainability, rent
control protection, quality oflife, long-term planning for the municipal
airport, historic resources, child care, density, the City's growing
population, parking, and preselVation: Joey Fullmer, Pro Se, Virginia
Palmer, Patti Oblath, Darrell Clarke, John Zinner, Jerry Rubin, Arlene
Hopkins, Jeanne Laurie, Peter Dawson, Tom Sorter, Phyllis Sorter, Sue
Miller, Phil Harnage, Maria Jensen, Matt Baird, Zelia Mollica, John
Reynolds, Lorraine Sanchez, Zina Josephs, Arthur Harris, Marshall
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September 27, 2005
=
ORDINANCES:
UNATTENDED
STRUCTURES
BUS-ONLY LANE
Williams, Jenny Navarro, Eileen Brennan, Kris Jensen, Emmalie Hodgins~
Britt Alcroft, Joan Charles, Jackie Saltman, Christian Boyce, Francis
Christopher, Jacob Samuels, Gary Gorda, Bob Baylor, Grace Phillips, A
Halcomb, Nina Fresco, Joel Brand, Kristina Deutsch, Sherrill Kushner,
Roger Genser, Linda Rider, Charlie Buoin, Lynn Leavitt, Shari Davis,
Jennifer Sharpe, Barry Casilly, Jan Ludwinski, Lori Nafshun, Sandy Grant,
Denny Zane, Maria Loya, and Jeanne Dodson.
Viscussion ensued on the issues contained in the report and the concerns
expressed by members of the public. General direction was given to staff on
general aspects ofthe Land Use and Circulation elements. On order of the
Mayor, the information was received and filed.
7-A: Second reading and adoption of Ordinance No. 2170 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING SECTION 4.55.060 OF THE MUNICIPAL CODE
RELATING TO THE ERECTION OF UNATTENDED STRUCTURES
IN PALISADES PARK, was presented.
Motion by Councilmember Holbrook. seconded bv 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:
Council member Genser, Holbrook, McKeown, Bloom,
Mayor Pro Tern Katz, Mayor O'Connor
None
Councilmember Shriver
NOES:
ABSENT:
7-B: Second reading and adoption of Ordinance No. 2171 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
RESTRICTING PARKING ALONG LINCOLN BOULEVARD FOR THE
CREATION OF A BUS-ONLY LANE DURING PEAK TRAFFIC
PERIODS," was presented.
Motion by Councilmember McKeown. 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:
Council member Genser, Holbrook, McKeown, Bloom,
Mayor Pro Tern Katz, Mayor O'Connor
None
Councilmember Shriver
NOES:
ABSENT:
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September 27, 2005
DEVEWPMENT
STANDARDS
SEXUALLY-ORIENTED
BUSINESSES
STAFF ITEMS:
1550 BEACH PARKING
LOT
ADELPBIA- TIME
WARNER TRANSFER
7-C: Introduction and first reading of an interim ordinance
modifying, extending, and adjusting the interim modifications to the
development standards for parcels in the R-l districts located in the
Sunset Park and North of Wilshire Neighborhoods, including adding
an administrative review process for developments on sloping parcels
and modifying standards related to balconies and covered porches in
the front yard setback.
On order of the Mayor, this matter was continued to a future meeting..
7-D: Introduction and f"mt reading of an ordinanl':e amending
Cbapter 9.44 of tbe Munil':ipal Code relating to sexually-oriented
businesses, including but not limited to, sexually-oriented business
definitions, IfKation and spadng requirements, application prol':essiog
and conditions of approval, siguage restrictions, amortization, judicial
review, and restrictions on sale and transfer.
On order of the Mayor, this matter was continued to a future meeting.
8-A: Proposed modifirntion to polides 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 proposed.
Member of the public Joe Natoli discussed the revenue related to this action.
Members of the public Joel Brand and Jerry Rubin spoke in support of the
proposal. Member of the public Mitchell Lachman spoke in opposition to
providing more parking and creating more traffic problems.
Motion by Councilmember McKeown. seconded by Councilmember Bloom.
to approve recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers Genser, Holbrook, McKeown, Bloom,
Mayor Pro Tern Katz, Mayor O'Connor
None
Councilmember Shriver
NOES:
ABSENT:
8-B: Update on due diligence analysis related to the Adelphia
transfer to Time Warner for cable television services and resolution
denying without prejudice applications for transfer.
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September 27,2005
MASSAGE
REGULATIONS
COUNCIL ITEMS:
SENIOR COMMUNITY
COMMISSION
DISABILITIES
COMMISSION
STATUS OF WOMEN
COMMISSION
RESIGNATION
PUBLIC WORKSHOP
On order of the Mayor, and at the request of staff, this matter was
withdrawn from consideration.
8-C: Proposals for updating the City's massage regulations and
reque$t for direction.
On order of the Mayor, this matter was continued to a future meeting.
13-A: Appointment to one special vacancy on the Commission for the
Senior Community for a term ending June 30,2007.
On order of the Mayor, this matter was continued to a future meeting.
13-B: Appointment to one special vacancy on the Disabilities
Commission for a term ending June 30,2007.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem Katz nominated Richard Hilton, at the request of the
Disability Commission due to the fact that Mr. Hilton, when he resigned
recently, was not aware he could have taken a medical leave of absence
instead.
There being no other nominations, Mr. Hilton was unanimously appointed
by voice vote, with Councilmember Shriver absent.
13-C: Appointment to one special vacancy on the Commission on the
Status of Women, for a term ending June 30,2008.
On order of the Mayor, this matter was continued to a future meeting.
13-D: Acceptance of Wilfred K. C. Lee's letter of resignation from the
Social Services Commission, and authorization for City Clerk to
publish vacancy, was presented.
Motion by Councilmember Bloom. seconded by Councilmember Genser, to
accept resignation with regrets and authorize the City Clerk to publish the
vacancy. The motion was unanimously approved by voice vote, with
Councilmember Shriver absent.
13-E: Request of Mayor Pro Tem Katz to designate a schedule for
Council Member attendance at the two day public workshop on 415
PCB October 1 and 2, was presented.
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September 27,2005
Discussion ensued. On order of the Mayor, and with the consensus of
Council, a schedule was approved for Councilmembers to attend the
workshop.
REQUEST FOR
PROPOSALS - POLICY
13-F: Request of Mayor Pro Tem Katz that Council discuss
philosophy relative to the Request for Proposals (RFP) for the beach
concessions and Council's goal to have small businesses as opposed tc)
large entities. There are rather high financial expectations in the RFP,
was presented.
Members of the public Jerry Rubin, Joe Natoli and Mike Feinstein spoke in
support of the request.
Discussion ensued on the merits of the request and on current city
processes. After considerable discussion, it was the consensus of Council to
direct staff to place on a future agenda a discussion on the general
philosophy ofleasing city assets including concessions to existing operators,
and encouraging small businesses.
PUBLIC INPUT
Members of the public Joe Natoli and Art Casillas discussed various issues
and concerns.
ADJOURNMENT:
On order ofthe Mayor, the City Council meeting was adjourned at 11 :42
p.m.
- ~~~..s
Maria M. Stewart
City Clerk
APPROVED:
M4
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September 27, 2005
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