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M-6/27/2006 CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 27, 2006 A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 5:56 p.m., on Tuesday, June 27,2006, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Robert T. Holbrook Councilmember Ken Genser Councilmember Herb Katz Councilmember Kevin McKeown Councilmember Pam O'Connor Absent: Mayor Pro Tern Shriver Councilmember Richard Bloom Also Present: City Manager P. Lamont Ewell City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:56 p.m., with Councilrnember Bloom and Mayor Pro Tem Shriver absent. Councilmember O'Connor 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. Members of the public Joe Natoli, Nina Fresco and Roger Genser expressed concerns related to Item I-N. Member of the public Joey Ful1mer expressed concerns related to various items being considered. At the request ofCouncilrnember O'Connor, Item I-N was removed from the Consent Calendar. At the request of Councilmember McKeown, Item 1- H was removed from the Consent Calendar. 1 June 27, 2006 MINUTES ARTS REUSE GRANTS CIVIC CENTER PARKING SUB-WATERSHED AT AIRPORT RENEW ABLE ELECTRICITY POLICE RADIOS Motion by Councilmember O'CollilOr. seconded by Councilmember Genser, to approve all items on the Consent Calendar as presented except Items I-H and I-N, reading resolutions by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Katz, McKeown, O'Connor, Genser, Mayor Holbrook None Councilmember Bloom, Mayor Pro Tern Shriver NOES: ABSENT: I-A: The minutes of the May 9,2006, City Council meeting were approved as submitted. I-B: Resolution No. 10147 (CCS) entitled: "ARESOLUTION FO THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT A PROPOSAL TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR AN ARTS REUSE PROGRAM," was adopted. l-C: L.A. County use of parking spaces at Civic Auditorium - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8602 (CCS) with the County of Los Angeles for use of325 parking spaces at the Civic Auditorium, and approve modifications of operational policies and responsibilities, was approved. I-D: Santa Monica Airport sub-watershed - recommendation to authorize the City Manager to negotiate and execute Agreement No. 8603 (CCS) with Psomas, in the amount of $88,600, to conduct a study to evaluate and recommend structural best management practices for the airport sub-watershed to reduce urban runoff pollution, was approved. I-E: Renewable electricity for City facilities. recommendation to authorize the City Manager to negotiate and execute sole-source Contract No. 8604 (CCS) with Commerce Energy for the purchase of renewable electricity for City facilities, was approved. I-F: Purchase of 45 radios for the Police Depaliment - recommendation to authorize the purchase of 45 radios from Motorola, Inc., on a sole-source basis; and appropriate the 2 June 27,2006 HAZARDOUS WASTE PARKING STRUCTURE 4 IMPROVEMENTS 415 PCH 415 PCH 1902-1914 CALIFORNIA 1107 ISTH STREET proposed funds, was approved. I-G: Hazardous waste management and transportation services - recommendation to award Bid No. 2890 to General Environmental Management, Inc., and authorize the City Manager to negotiate and execute Contract No. 8605 (CCS) with General Environmental Management, Inc., for a total estimated three-year expenditure of $600,000 to provide hazardous waste management and transportation services, was approved. 1-1: Design services for Parking Structure 4 improvements - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8473 (CCS) with Black and Veatch Corporation, in the amount of$120, 197, to provide additional design services for Parking Structure 4 improvements, increasing the total contract to $851,697, was approved. I-J: Statement of Official Action for Appeals of the Landmarks Commission's approval of Certificate or Appropriateness and modification of pedestrian-oriented design requirements for the rehabilitation and adaptive reuse of the property at 415 Pacific Coast Highway as a public, beach-oriented recreation facility, was approved. l-K: Statement of Official Action for Appeals of the Planning Commission's approval of Development Review Permit, Reduced Parking Permit, Fence Height Modification, and certification of tbe final EIR for the rehabilitation and adaptive reuse of the property at 415 Pacific Coast Highway (palisades Beach Road) as a pu bli~, beach-oriented recreation facility, was approved. l-L: Subdivision Map for 1902-1914 California Avenue- recommendation to adopt Resolution No. 10145 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 060759 TO SUBDIVIDE A PROPERTY AT 1902-1914 CALIFORNIA AVENUE," was adopted. I-M: Subdivision Map for 1107 18th Street - recommendation to adopt Resolution No, 10146 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND 3 June 27,2006 SENIOR SERVICES ST. JOSEPH'S HOMELESS CENTER APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 061236 TO SUBDIVIDE A PROPERTY AT 1107 18lli STREET," was adopted. 1-0 Resolution No. 10148 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF A PROPOSAL AND THE SIGNING OF CONTRACT No. 8608 (CCS) TO PROVIDE MEAL AND TELEPHONE REASSURANCE SERVICES FOR ELDERLY PERSONS," was adopted. I-P: St. Joseph Center's Homeless Services Center- recommendation to approve participation in a regional effort to preserve the Homeless Services Center by appropriating $75,000 in one-time funds to match other contributions; and authorization for the City Manager to negotiate and execute appropriate documents, including Contract No. 8609 (CCS), was approved. AFFORDABLE HOUSING l-Q: Resolution No. 10149 (CCS) entitled: "A RESOLUTION UNIT BASE FEE OF THE CITY OF SANTA MONICA REVISING THE AFFORDABLE HOUSING UNIT BASE FEE FOR NEW MARKET -RATE MULTIFAMILY DEVELOPMENT PURSUANT TO MUNICIPAL CODE SECTION 9.56.070," was adopted. JANITORIAL SERVICES I-H: Janitorial services for tbe Public Safety Facility- recommendation to award Bid No. 2899 to L.A. Cha Maintenance under Contract No. 8606 (CCS), for an annual rate of$210,110, with two one-year renewal options at the same price; and authorize the City Manager to negotiate and execute Contract No. 8607 (CCS) with L.A. Cha Maintenance to provide janitorial services for the Public Safety Facility, in the amount of $8,000 for services during June 2006, was presented. Councilmember McKeown advised he removed this item from the Consent Calendar to ask process related questions and to express concern related to monitoring compliance of the City's Living Wage ordinance. Discussion ensued; staff answered questions from Councilmembers. Motion by Councilmember McKeown, seconded by 4 June 27, 2006 SECURITY CAMERAS ON PIER CLOSED SESSIONS: Councilmember Katz, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Mayor Holbrook None Councilmember Bloom, Mayor Pro Tern Shriver NOES: ABSENT: I-N: Recommendation to issue an emergency order allowing for placement of security cameras on the Pier, a'designated landmark, was presented. Councilmember O'Connor advised she removed this matter from the Consent Calendar because of the subject matter and the concerns expressed by the members of the public. Considerable discussion ensued. Staff answered questions from Councilmembers related to the landmark designation of the pier, security, and type and location of the cameras. Motion by Councilmember O'Connor. seconded by Mayor Holbrook, to approve the recommendation, amended to direct staff to bring in a consulting architect that meets national landmarks qualifications to work with staff on the installation to assure that the attachments are made in a way that has the least impact to the historic fabric and that can be reversed. The motion failed by the following vote: AYES: NOES: ABSENT: Councilmembers Katz, O'Connor, Mayor Holbrook Councilmembers McKeown, Genser Mayor Pro Tem Shriver, Councilmember Bloom Motion by Councilmember Genser. seconded by Councilmember Katz, to direct that this matter be placed on the Landmarks agenda on July lOth and also place on Council's agenda for July 11th in the event Council still needs to take some action. The motion was approved by voice vote with Mayor Holbrook voting in opposition. Mayor Holbrook stated, for the record, that he thinks this is a cavalier attitude towards public safety. On order of the Mayor, the City Council recessed at 7:05 p.m., and 5 June 27,2006 returned at 8:28 p.m., with Councilmember Bloom and Mayor Pro Tern Shriver absent, to report the following: 2-A: Property: 120 Colomdo Avenue City Negotiator: Miriam Mack Under Negotiation: Interest in Real Property Owner of Record: Felcor Hotel Asset Company, LLC ACTION: Heard. No reportable action taken. 2-B: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Baron & Budd. P.e., Case No. BC 315 188. ACTION: Heard. No reportable action taken. 2-C: Conference with Legal CQunsel- Existing Litigation: City adv. Shell Oil Company (arbitration regarding compliance with settlement agreement in City of Santa Monica v. Sbell Oil Co., Case No. 01CC4331). ACTION: Heard. No reportable action taken. 2-D: Conference with Legal Counsel - Existing Litigation: Abraham Supino v. City of Santa Monica, Case No. SC 080 283, and related cases (Farmer's Market Litigation). ACTION: Heard. No reportable action taken. 2-E: Conference with Legal Counsel - Existing Litigation: Roman Bruno. et al. v. City of Santa Monica, Case No. SC 086 511. ACTION: Heard. No reportable action taken. 2-F: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government ,Code Section 54956.9(b): an estoppel and related c1aim(s) involving real property located at 923 20th Street; claim of Palisades Beach Road Property Owners' Association that proposed renovation of 415 PCB conflicts with Proposition Sand CEQA; and challenge to Ordinance Number 2191 (CCS) (affordable housing requirements). r o June 27, 2006 APPEAL - JULIANO'S RAW RESTAURANT ORDINANCES: CONVERSION OF FOOD USE AT 3RD STREET PROMENADE ACTION: Heard. No reportable action taken. 6-A: Appeal of Conditional Use Permit to allow issuance of on-sale beer and wine alcobol license to Juliano's Raw Restaurant and variance to modify ofT-street parking requirement (609 Broadway) - recommendation to conduct a public hearing, deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit and Variance for the project, was presented. Appellants Arthur Harris and Ellen Brennan spoke in support of the appeal. Howard Robinson, representing the Applicant, spoke in opposition of the appeal. Members of the public Joe Natoli and Robin Warner spoke in support of the appeal. Member of the public Gabriel Deicher spoke in opposition of the appeal. Appellants Arthur Harris and Ellen Brennan provided a rebuttal to comments made by members of the public. There was no rebuttal presented by the applicant's representative. Motion by Councilmember Katz. seconded by Councilmember Genser, to deny appeal and add a condition that applicant provide two extra physical spaces for a total of six, or valet parking, and that the two spaces may be off-site per code. The motion was approved by the following vote: AYES: Councilmembers Katz, O'Connor, Genser, Mayor Holbrook Councilmember McKeown Councilmember Bloom, Mayor Pro Tem Shriver NOES: ABSENT: 7-A: Introduction and first reading of an ordinance amending Chapter 9 of tbe Municipal Code to revise the review process regulating the conversion of any portion of a food use to any otber new or expanded use located on the 7 June 27,2006 grom~d Qoqr Ifve~ adjac~nt to fhe Tbird Stre~t Promenade <?n or~er.ofth~ J\tl~yor, tNs matt{ff,was continued to July 11, 2006, as'a':):' item:' ..,'..' .., ", d.. '. ',' ..... ....., ; "_ ~. I .; i' ';, .. ;; ,i.:'''': f. . RESTAUR4NT fA~G 7.:.B: Jiltrofllfctifl~'a,.d firstre~t:Jiilg' of an ordinance amending the Z09'llg 'Ordinanc:e t~ ~utborize food serving '. ' . '. ' ., b~sin~ss'esiQ establisl(iin~lliary 'sldewalkdining cafes of up to 200's<.-u'arefeet in ar~awilbOlllptovidiiig'requiredparkiiig in t.heJtVC,'BCD, BSCJ);,(O::C~,C3~t,::C4~:C6 CM'artdC':P , Zoni-!lg':Di'sfticts; a~d adopt Resolution'No. 10164 (CCS)" enlitfed:,:'X\~RESOr;lf1I9N ~f'T~"9jl'Y OF SA1'fTA-,.~, ' MqW(;A~~TTIN~i~~~,fq~ ~t,;~G DIVIS~()N' 'i' REVtEW OF APPLI~ATIONSFORADMINISTRATIVE AND DISCRETIONARY MINOR OUT:pOOR DINING,"was presented. : . . ,: . "', BOOTLEG UNITS There was no one present for public comment. Motion by Councilmeinber 'Genser. seconded by Councilmember Katz, to introduce the ordinance for first reading, reading by title only and waiving further reading'theieof The motion was app~oved,by the following vote: ' . AYES: CounCilmembers Katz, McKeown, O'Connor, Genser, Mayor Holbrook None Councilmember Bloom, Mayor Pro Tem Shriver NOES: ABSENT: Motion by Councilmember O'Connor. seconded bv Councilmember Katz, to adopt the resolution setting fees, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Mayor Holbrook None Councilmember Bloom, Mayor Pro Tern Shriver NOES: ABSENT: 7-C: Introduction and first reading of an interim ordinance modifying and extending an interim ordinance waiving certain development standards for rental units wbich were built or cl'eated without permits and registered with the Rent Control Board prior to April 22, 2003, to eliminate the cut off date for 8 June 27,2006 REDEVELOPMENT PLANS; EARTHQUAKE RECOVERY PROJECT; DOWNTOWN REDEVELOPMENT PROJECT registration of units with tbe Rent Control Board, was presented. Member of the public Keith Krege spoke in support of the proposed ordinance. Motion by Councilmember Genser. seconded by Councilmember Katz, to introduce the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Katz, McKeown, O'Connor, Genser, Mayor Holbrook None Councilmember Bloom, Mayor Pro Tern Shriver NOES: ABSENT: On order of the Mayor, the regular City Council was recessed at 10:05 p.m., and reconvened to a joint meeting with the Redevelopment Agency, with Councilmember Bloom and Mayor Pro Tem Shriver absent. SPECIAL JOINT MEETING WITH THE REDEVELOPMENT AGENCY: 7-D: Introduction and first reading of an Ordinance amending tbe Redevelopment Plan for the Ocean Park (lB) Project to e~tend certain time limits; Introduction and first reading of an ordinance amending the Redevelopment Plan for Ocean Park,(lA) Redevelopment Pf()jecttoextend ce.rtain time limits; Introduction and.fint.reading or an ordinance amending tbe Redevelopment Plan for tl.Ie. Earthquake Recovery RedevelopmentProject to extelld ~ertain time limits; an~,Introduction and first reading of an. or(,li~ance amending the Redevelopment Plan for the Downtown Redevelopment Pr9ject to extend certain time limits, were introduced. There was no one presen~ for public cOI:rime~t", Motion by Councilmember O'Connor. .seconded by Councilmember Katz, tointroduc.e an.ordinailceamending the . Re.d((v~lopmep.tPlan forthe OCy~I:I Park(lB)'Project to, extend certain time limits, reading by title only and waiving further reading thereof The motion was approved by the following vote: 9 June 27, 2006 ADJOURNMENT OF SPECIAL JOINT MEETING AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Mayor Holbrook None Councilmember Bloom, Mayor Pro Tem Shriver NOES: ABSENT: Motion by Councilmember McKeown. seconded by Councilmember O'Connor, to introduce and hold first reading of an ordinance amending the Redevelopment Plan for Ocean Park (IA) Redevelopment Project to extend certain time limits, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Mayor Holbrook NOES: None ABSENT: Councilmember Bloom, Mayor Pro Tem Shriver Motion by Councilmember Katz. seconded by Councilmember O'Connor, to introduce and hold first reading of an ordinance amending the Redevelopment Plan for the Earthquake Recovery Redevelopment Project to extend certain time limits, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Mayor Holbrook None Councilmember Bloom, Mayor Pro Tern Shriver NOES: ABSENT: Motionby Councilniember O'Connor. seconded by Councilmember Katz, to introduce and hold first reading of an ordinance amending the Redevelopment Plan for the Downtown Redevelopment Project to extend certain time limits, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Mayor Holbrook None Councilmember Bloom, Mayor Pro Tem Shriver NOES: ABSENT: On order of the Mayor, the City Council adjourned the joint meeting with the Redevelopment Agency and reconvened the regular meeting at 10:10 p.m., with Councilmember Bloom and Mayor Pro Tern Shriver absent. 10 June 27, 2006 STAFF ITEMS: MARIJUANA MEASURE 2.70/0 @ 55 8-A: Ratification of qualified Initiative Petition for Proposed Ordinance Entitled Lowest Police Priority for Marijuana Ordinance - recommendation to ratify the qualified petition and adopt ordinance as submitted, place on November 7,2006, municipal election ballot, or direct staff to prepare an impact report, was prepared. Members of the public Luciano Hernandez, Nicole La Rosa, Mike Gray, James Anthony, Alberto Mendoza and Jerry Rubin spoke in support of the measure. Member of the public Art Casillas spoke in opposition to the measure. Motion by Councilmember McKeown. seconded by Councilmember Genser, to direct staff to prepare an impact report and return to Council before July 27,2006. The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Mayor Holbrook None Councilmember Bloom, Mayor Pro Tern Shriver NOES: ABSENT: 8-B: Resolution No. 10150 (CCS) entitled: "A RESOLUTION OF AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMO-RANDUM OF UNDER:'STANDING WITH THE CITY'S MISCEL-LANEODS BARGAINING UNITS TO ESTABLISa TERMS CONDI- nONS FOR AMENDING :nrn CONTR1\CT:WITH CAL:pERS TO PROVIDE THE 2.7% @ 55 FULL FORMULA FOR; ACTIVE LOCAL MISCELLAN-EOUS MEMBERS ONLY SET FORTH IN 21354.5 OF THE GOVERNMENT CODE," was presented. Th~ City Attorney announce9 that the City Manager has recused hImself from participating in this item, even though he does not have. any conflict, but because of an excess of caution due to his position in the City. There was no one present for public comment. " Motion by Councilmember McKeown,. seconded' by Councilmember Katz, to adopt the resolution, reading by title only and waiving further reading thereof The motion was approved by 11 June 27, 2006 the following vote: AYES: Councilrnembers Katz, McKeown, O'Connor, Genser, Mayor Holbrook None Councilrnernber Bloom, Mayor Pro Tern Shriver NOES: ABSENT: WRITTEN REQUESTS: 12-A: Request of Santa Monica College to continue the existing use of 400 parking spaces in Beach Lot 5 Monday through Thursday from 6:45 am to 6:00 pm through December 19, 2006 for shuttle parking, was presented. Members of the public Peter Gellerman, David Finkel, Daniel RelIes, David Birney, Gleam Davis, Randi Pollock, Louise Jaffe, and Linda Sullivan commented on the request and expressed concerns and suggestions. Motion by Councilmember McKeown. seconded by Councilmember Katz, to approve request with the following conditions: College to apply through the city for a coastal commission permit; Dr. Tseng and CM to attend necessary community meetings and gain full understanding of concerns; to develop strategies and address concerns and report back to neighborhoods; College to provide Council with quarterly status reports on efforts to identifY permanent sites to park their students and also agree would look for sites irrespective of time frame agreed upon; College to provide regular updates to the communities so residents understand efforts going on, on their behalf, or College to look for new ways to help mitigate impacts, if necessary. Staff to return to Council on August 8 with an update and future plans. The motion was unanimously approved by voice vote, with Councilmember Bloom and Mayor Pro Tem Shriver absent. SHOTGUN HOUSE 12-B: Request of Santa Monica Conservancy to discuss a proposal to establish a Preservation Resource Center in the rehabilitated Sbotgun House. Tbe Conservancy request that tbe City Council: (1) direct staff to pursue ownership of tbe house; (2) Identify an appropriate site on designated city property for the permanent relocation of tbe house in Ocean Park; (3) direct staff to initiate a process to select a nonprofit organization to raise funds and potentially lease the house for public benefit purpose; and (4) create a lease agreement that clearly delineates responsibilities of both lessor and lessee. 12 June 27,2006 COUNCIL ITEMS: APPOINTMENTS CLEAN ENERGY INITIA TIVE On order of the Mayor, this matter was continued to July 11, 2006. 13-A: Appointment to one special vacancy on the Social Services Commission for a term ending June 30,2007. On order of the Mayor, this matter was continued to July 11,2006. 13-B: Annual Appointments to tbe following boards and commissions: Board/Commission Airport Commission Architectural Review Board Arts Commission Bayside District Corporation Commission/Senior Community Commission/Status of Women Convention & Visitors Bureau Disabilities Commission Housing Commission Landmarks Commission Library Board Personnel Board Planning Commission Recreation & Parks Commission Social Services Commission No. of Appts. 1 2 2 4 3 2 3 3 2 3 2 1 I 2 2 Term Ending 06/30/2010 06/3012010 06/30/2010 06/30/2010 06/30/2010 06/30/2010 06/30/2010 06/30/2010 06/3012010 06/30/2010 06/30/2010 06/30/2011 06/3012010 06/30/2010 06/30/2010 On order of the Mayor, this matter was continued to July 11, 2006 13~C: Request of Councilmember McKeown that the City Council endorse the California Clean Energy Initiative, petitions fQr ~hich have been signed by over a million Californi~ voters, and, urge a yes vote on November 7, 2006 for making alternative fuels andalternativefuel vehicles more widely availaJ>le, fundi,ng alternative energy researcb, and creating vocational training for new clean energy jobs in California, was presented. There was no, one present foI:' public comment. ',' . . Motion by Councilmember McKeown. seconded by , CouncilmemberKatz, to approve request. The motion was unanimously approved by voice vote, with Councilmember Bloom and Mayor Pro Tem Shriver absent. 13 June 27, 2006 PROJECT ECHO ADJOURNMENT: I3-D: Request of Councilmember Bloom that the City Council allocate up to $15,000 of Council discretionary funds to Project Ecbo for tbe purpose of facilitating travel to and accommodations in Sbangbai, China, for nine Santa Monica High School students who won the right to represent the. United States in the Sage World Cup, an international competition designed to foster ethical and socially responsible entrepreneurship on a global level. On order of the Mayor, this matter was continued to July 11, 2006. On order of the Mayor, the City Council meeting was adjourned at 11 :57 p.m., in memory of Miriam Goldsmith. ~AT1:FST: ~~~~ Maria M. Stewart City Clerk APPROVED: ~ .~ J/// fl?/fi.I:.,r-~ ~n'J Robert T. Holbrook Mayor 14 June 27,2006