M-7/25/2006
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 25, 2006
A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at
5:55 p.m., on Tuesday, July 25,2006, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Robert T. Holbrook (arrived at 6:05 p.m.)
Mayor Pro Tern Bobby Shriver (arrived at 6:45 p.m.)
Councilmember Richard Bloom
Councilmember Herb Katz
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Absent:
Councilmember Ken Genser
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE
The Mayor and the Mayor Pro Tern being absent, City Clerk
Maria Stewart called the City Council meeting to order with a
quorum present at 5:55 p.m., and with Councilmember Genser,
Mayor Pro Tern Shriver and Mayor Holbrook absent. City
Attorney Marsha Moutrie led the assemblage in the Pledge of
Allegiance.
The City Clerk asked for a motion to appoint a temporary Chair
pending Mayor Holbrook's arrival.
Motion by Councilmember Bloom, seconded by Councilmember
Katz, to appoint Councilmember 0' Connor as temporary Chair.
The motion was unanimously approved by voice vote with
Councilmember Genser, Mayor Pro Tern Shriver and Mayor
Holbrook absent.
CONSENT CALENDAR: All items were considered and approved in one motion unless
removed by a Councilmember for discussion.
I
July 25, 2006
Assistant City Manager Gordon Anderson advised that Item I-H
was removed from consideration; and that Item I-F, the Statement
of Official Action, had been revised to show a corrected vote by
Council on the item.
Motion by Councilmember McKeown. seconded by
Councilmember Katz, to approve all items on the Consent
Calendar as presented except Item I-H, and with I-F as amended,
reading resolutions by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, McKeown, Katz,
Bloom
None
Councilmember Genser, Mayor Pro Tern Shriver,
Mayor Holbrook
NOES:
ABSENT:
MINUTES I-A: The minutes ofthe June 20, 2006, City Council meeting
were approved as submitted.
1660 LINCOLN LEASE I-B: Big Blue Bus Lease at 1660 Lincoln Boulevard-
recommendation to authorize the City Manager to negotiate and
execute Lease No. 8615 (CCS) from 1660 Lincoln Boulevard,
LLC, for use as the Big Blue Bus parts storage warehouse, City
printshop, and mail center, was approved.
1127 6T1l STREET l-C: Resolution 10155 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING THE FINAL PARCEL MAP NO. NO. 62515 TO
SUBDIVIDE A PROPERTY AT 1127 6TH STREET FOR A 4-
UNIT PROJECT," was adopted.
SAMOSHEL LEASE I-D: Lease for the SAMOSHEL facility at 505 Olympic-
recommendation to authorize the City Manager to negotiate and
execute Lease No. 8616 (CCS) with Ocean Park Community
Center for the use of the facility at 505 Olympic, with rent set at $1
annually, was approved.
2121 VIRGINIA AVE. l-E: Resolution No. 10156 (CCS) entitled: "A RESOLUTION
OF THE CITY OF SANTA MONICA APPROVING FINAL
TRACT MAP NO. 54235 FOR A TEN-UNIT CONDOMINIUM
PROJECT AT 2121 VIRGINIA AVENUE," was adopted.
2
July 25, 2006
609 BROADWAY
(JULIANO'S RAW
RESTAURANT)
UNDERGROUND
STORAGE TANK
1614-1616 OCEAN
REHAB
(ITEM WITHDRAWN
BY STAFF)
LOBBYING SERVICES
JOINT MEETING WITH
THE REDEVELOPMENT
AGENCY:
I-F: Statement of Official Action taken on appeal of the
Planning Commission's approval of CUP and Variance for
Juliano's Raw Restaurant at 609 Broadway, was approved as
amended.
I-G: Underground Storage Tank Improvements-
recommendation to award Bid No. 2906 and authorize the City
Manager to negotiate and execute Contract No. 8617 (CCS) with
Fleming Environmental, in the amount of$371,725, to provide
various underground storage tank improvement at City-owned
facilities, was approved.
I-H: Long-term lease and rehabilitation at 1614-1616 Ocean
Avenue for Affordable Housing for Chronically Homeless
Persons - recommendation to authorize staff to issue an RFP to
long-term lease the residential apartment building as affordable
special needs rental housing for chronically homeless persons; and
authorize staff to identify and recommend a non-profit
organization and other development team members, to rehabilitate,
operate, manage and provide support services for the project.
I-I: Provision oflobbying services - recommendation to
authorize the City Manager to negotiate and execute Contract No.
8618 (CCS) with the Ferguson Company, in the amount of
$70,885, for Federal representative and lobbying services, was
approved.
On order of the Interim Mayor, the regular meeting of the City
Council recessed at 6:00 p.m., to a special joint meeting with the
Redevelopment Agency, with Councilmember Genser, Mayor Pro
Tern Shriver, and Mayor Holbrook absent.
I-J: Palisades Bluff Improvement Project - recommendation
for the City Council and the Redevelopment Agency to authorize
the City Manager and the Executive Director, respectively, to
negotiate and execute an amendment to Contract No. 8467
(CCS/RAS) with URS Corporation, in the amount of $99,000, for
environmental program management services for the project, was
presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by
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July 25, 2006
ADJOURNMENT OF
SPECIAL JOINT
MEETING
CLOSED SESSIONS:
Mayor Holbrook arrived
at 6:05 p.m.
Mayor Pro Tern Shriver
arrived at 6:45 p.m.
Councilmember Katz, to approve the recommendation. The
motion was approved by the following vote:
AYES:
Councilmembers Bloom, Katz, McKeown,
O'Connor
None
Councilmember Genser, Mayor Pro Tem Shriver,
Mayor Holbrook
NOES:
ABSENT:
On order of the Mayor, the Special Joint Meeting was adjourned at
6:01 p.m., and the regular City Council meeting reconvened and
recessed to consider closed sessions.
On order of the Mayor, the City Council reconvened at 7:07 p.m.,
with Councilmember Genser absent, to report the following:
2-A: 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-B: 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-C: City adv. Shell Oil Company (arbitration regarding
compliance with settlement agreement in City of Santa Monica
v. Shell Oil Co., Case No. 01CC4331).
ACTION:
Not heard.
2-D: Anticipated Litigation: Anticipate significant exposure
to litigation pursuant to Government Code Section
54956.9(b): a challenge to Ordinance No. 2191 (CCS)
(affordable housing requirements).
ACTION:
Not heard.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2198
CONVERSION OF FOOD (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA
4
July 25, 2006
USES - PROMENADE
ALCOHOL CUP'S
MONICA AMENDING CHAPTER 9 OF THE MUNICIPAL
CODE TO REVISE THE REVIEW PROCESS AND
STANDARDS REGULATING THE CONVERSION OF ANY
PORTION OF A FOOD USE TO ANY OTHER NEW OR
EXPANDED USE LOCATED ON THE GROUND FLOOR
LEVEL ADJACENT TO THE THIRD STREET PROMENADE,"
was presented.
Motion by Councilmember McKeown, seconded by
Councilmember O'Connor, to adopt the ordinance, reading by title
only and waiving further reading thereof. The motion was
approved by the following vote:
AYES:
Councilmembers O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Genser
NOES:
ABSENT:
Motion by Councilmember O'Connor, seconded by
Councilmember Katz, to direct staff to work with the Bayside
District to look into the possibility of trading off restaurant spaces
with retail spaces. The motion was unanimously approved by
voice vote, with Councilmember Genser absent.
7-B: Second reading and adoption of Interim Ordinance
Nos. 2199, 2200, 2201, and 2202 (CCS) affecting City Zoning
Regulations were presented as follows, respectively:
(a) "AN INTERIM ORDINANCE OF THE CITY OF
SANTA MONICA EXTENDING INTERIM ORDINANCES
CLARIFYING THAT BUSINESS ESTABLISHMENTS WITH
ALCOHOL CUP'S MUST OBTAIN NEW ALCOHOL CUP'S IF
THE ESTABLISHMENT CEASES OPERATING FOR A
PERIOD IN EXCESS OF ONE YEAR, EXCEPT THAT, FOR
PREMISES IN THE CM DISTRICT, THE TIME PERIOD
SHALL BE SIX MONTHS."
Motion by Councilmember O'Connor, seconded by
Councilmember Katz, to adopt ordinance, reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES:
Councilmembers Bloom, Katz, McKeown,
O'Connor, Mayor Pro Tern Shriver, Mayor
Holbrook
5
July 25, 2006
NOES:
ABSENT:
None
Councilmember Genser
PARKING STRUCTURES (b) "AN INTERIM ORDINANCE ALLOWING
DRIVEWAYS ADMINISTRA- TIVE APPROVAL OF THE NUMBER AND
TYPE OF DRIVEWAYS REQUIRED FOR PARKING
STRUCTURES WITH OVER 40 PARKING SPACES IN
MULTI-FAMILY, COMMERCIAL, AND INDUSTRIAL
DISTRICTS IN THE CITY."
Motion by Councilmember Katz. seconded by Councilmember
O'Connor, to adopt ordinance, reading by title only and waiving
further reading thereof. The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Katz, McKeown,
O'Connor, Mayor Pro Tern Shriver, Mayor
Holbrook
None
Councilmember Genser
FURNITURE, PORTABLE (c) "AN INTERIM ORDINANCE OF THE CITY OF
LANDSCAPING IN SANTA MONICA EXTENDING THE INTERIM ORDINANCES
PUBLIC RIGHT OF WAY AUTHOR-IZING THE PLACEMENT OF FURNITURE,
PORTABLE LAND-SCAPING, AND CIGARETTE DISPOSAL
RECEPTACLES WITHIN THE PUBLIC RIGHT-OF-WAY AND
THE DISPLAY OF MERCHANDISE IN PRIV ATE
VESTIBULES."
Motion by Councilmember O'Connor. seconded by
Councilmember Katz, to adopt ordinance, r~ading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
SUBSTANTIAL
REMODELS
Councilmembers Bloom, Katz, McKeown,
O'Connor, Mayor Pro Tern Shriver, Mayor
Holbrook
None
Councilmernber Genser
(d) "AN INTERIM ORDINANCE OF THE CITY OF
SANTA MONICA EXTENDING INTERIM ORDINANCES
MODIFYING THE THRESHOLD ATWHICH A STRUCTURE
IS DETERMINED TO BE SUBST ANTIALL Y REMODELED
6
July 25, 2006
UTILITY USERS TAX
STAFF ITEMS:
SECOND-HAND SMOKE
AND THEREBY SUBJECT TO ALL CURRENT APPLICABLE
ZONING CODE REGULATIONS, ESTABLISHING
EXCEPTIONS TO THE SUBSTANTIAL REMODEL
REQUIREMENTS, AND AUTHORIZING ZONING
ADMINISTRATOR ADJUSTMENTS IN SPECIFIED
CIRCUMSTANCES."
Motion by Councilmember O'Connor, seconded by
Councilmember McKeown, to adopt ordinance, reading by title
only and waiving further reading thereof. The motion was
approved by the following vote:
AYES:
Councilmembers Bloom, Katz, McKeown,
O'Connor, Mayor Pro Tern Shriver, Mayor
Holbrook
None
Councilmember Genser
NOES:
ABSENT:
7-C: Introduction and adoption of Ordinance No. 2203
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA
MONICA AMENDING CHAPTER 6 OF THE MUNICIPAL
CODE RELATING TO THE UTILITY USERS TAX AND
CLARIFYING THE APPLICATION OF EXISTING LAW FOR
TELEPHONE COMMUNICATION SERVICES AND
DECLARING THE PRESENCE OF AN EMERGENCY," was
presented.
There was no one present for public comment.
Motion by Councilmember Katz, seconded by Councilmember
O'Connor, to adopt ordinance, reading by title only and waiving
further reading thereof. The motion was approved by the
following vote:
AYES:
Councilmembers Bloom, Katz, McKeown,
O'Connor, Mayor Pro Tern Shriver, Mayor
Holbrook
None
Councilmember Genser
NOES:
ABSENT:
8-A: Review of California Air Resources Board Report on
second-hand smoke and considerations for discussion -
recommendation to direct staff to prepare an ordinance providing
the public greater p~otection from second-hand smoke in outdoor
dining and service areas, areas within 20 feet of entrances or
7
July 25, 2006
I. .
MARIJUANA LOWEST
ENFORCEMENT
INITIATIVE
VARIOUS CHARTER
windows to buildings open to the public, the Third Street
Promenade, and the Farmers Markets, was presented.
Members ofthe public Joe Fullmer, Jerry Rubin, Neil Carrey,
Robert Donon, West Hooker, Neil Klepeis, Aleece Kelly, Jean
Armbruster, Trisha Roth, Mara Morganstern, Esther Schiller,
Robert Berger, Miwa Koziki, Sherwood Kingsley, Sonya Vasquez,
Rangell Oruga, Jack Nichol, Willow Evans, and Steven Gallegos
spoke in support of the recommendation.
Motion by Councilmember Bloom. seconded by Councilmember
Katz, to approve recommendation. The motion was approved by
the following vote:
AYES:
Councilmembers McKeown, Katz, Bloom, Mayor
Pro Tem Shriver, Mayor Holbrook
Councilmember O'Connor
Councilmember Genser
NOES:
ABSENT:
8-B: Review of impact report; 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, or
place the measure on the November 7,2006, municipal election
ballot, was presented.
Members of the public Steve Corchado, Luciano Hernandez, Nicki
La Rosa, Jack Cole, Nikki Norris, Rita Lowenthal, Joey Fullmer,
and Trisha Roth spoke in support of the ordinance.
Motion by Councilmember McKeown. seconded by
Councilmember O'Connor, to ratify the petition and direct staff to
prepare ballot language to place the measure on the November
ballot. The motion was approved by the following vote:
AYES:
Councilmembers Bloom, Katz, McKeown,
O'Connor, Mayor Pro Tern Shriver, Mayor
Holbrook '
None
Councilmember Genser
NOES:
ABSENT:
8-C: Proposed ballot measure to amend various existing City
8
July 25, 2006
AMENDMENTS
CAMPAIGN PUBLIC
FINANCING
Charter sections - recommendation to adopt Resolution No.
10158 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA PLACING A MEASURE WHICH WOULD
REMOVE DEPARTMENT HEAD POSITIONS FROM THE
CLASSIFIED SERVICE; CLARIFY AND MODIFY POSITIONS
IN THE CITY CLERK'S OFFICE; AMEND THE ADVISORY
ROLES OF CERTAIN BOARDS AND COMMISSIONS; AND
MAKE OTHER MODIFICATIONS TO THE CITY'S CIVIL
SERVICE RULES ON THE NOVEMBER 7, 2006, BALLOT,"
was presented.
There was no one present for public comment.
Motion by Mayor Pro Tern Shriver. seconded by COUI1cilmember
O'Connor, to approve recommendation amended to provide under
Section 707(e) that all staff in the City Clerk's office shall not be
in the Classified Service unless the City Council by resolution
determines otherwise; and amended to provide that the City
Council shall establish by resolution the salaries and terms of
employment of the City Manager, the City Attorney, and the City
Clerk. In addition, Councilmembers Genser, Bloom, Katz, and
Mayor Pro Tern Shriver were designated to write an argument in
favor of the measure. The motion was approved by the following
vote:
AYES:
Councilmembers O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Genser
NOES:
ABSENT:
Motion by Mayor Holbrook. seconded by Councilmember Katz, to
add to Section 1102(7) as it relates to the at-will status of the
Assistant City Clerk, the same language that "the City Council by
resolution may determine otherwise." The motion was approved
by the following vote:
AYES:
Councilmembers O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Genser
NOES:
ABSENT:
8-D: Proposed ballot measure to allow for public financing
of City Council elections - recommendation to propose to the
9
July 25, 2006
voters an amendment adding Article XXIII to the Charter
providing for public financing of City Council elections, was
presented.
Members of the public Bob Stem, Daisy Furlong, Maria Brennan,
Jerry Rubin, and Darlene Evans spoke in support of the
recommendation.
Motion by Councilmember McKeown, to approve staff
recommendation. Motion died for lack of a second.
Motion by Mayor Pro Tern Shriver, seconded by Councilmember
Katz, to direct staff to consult with experts and return as soon as
possible with some suggested specifics of how such a system
would work in Santa Monica, with the process to be completed
and approved by Council by November 2007, and with the intent
of placing the matter on the November 2008 ballot; in addition,
staff to return with options regarding changes to the local
campaign contributions. The motion was unanimously approved
by voice vote, with Councilmember Genser absent.
PROPOSED TAXPAYER 8-E: Proposed ballot measure amendiug the Article XXII
PROTECTION CHARTER entitled "Taxpayer Protection" - recommendation to place the
AMENDMENT proposed measure on a ballot to amend existing Article XXII,
commonly known as the Oaks Initiative, was presented.
Members of the public Bob Stem, Jerry Rubin, and Carmen Balber
expressed concerns and made suggestions related to the proposal.
Motion by Mayor Pro Tern Shriver, seconded by Councilmember
Katz, to direct staff to review Pasadena's efforts, and consider the
points made by Mr. Stem during public comment, and return with
proposed ballot language suggestions on August 8th. The motion
was approved unanimously by voice vote, with Councilmember
Genser absent.
PUBLIC HEARINGS:
CLEAN BEACHES AND
OCEANS PARCEL TAX
9-A: Public hearing and adoption of Resolution No. 10157
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA TO PLACE A PROPOSED 'CLEAN BEACHES AND
OCEAN PARCEL TAX" MEASURE ON THE NOVEMBER 7,
2006, ELECTION BALLOT, ", was presented.
There was no one present for public comment.
10
July 25,2006
Motion by Mayor Pro Tern Shriver. seconded by Councilmember
O'Connor, to adopt the resolution amending Section 7.64.060 to
read as follows: "The Tax imposed by this Chapter shall not be
construed as imposing a tax upon any person when the imposition
of such tax upon that person would be in violation of either the
Constitution of the United States or the Constitution of the State of
California. The City Council is authorized to establish by
resolution special exemption procedures and eligibility criteria for
natural persons based on income, age or disability. The Tax
imposed by this chapter shall be subject to the exemptions set forth
in this section or adopted by resolution as authorized herein." In
addition, Councilmembers Bloom, Genser, Katz, and Mayor Pro
Tern Shriver (or their designees) were authorized to author the
argument in favor of the measure. The motion was approved by
the following vote:
AYES:
Councilmembers O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Genser
NOES:
ABSENT:
STORMWATER PARCEL 9-B: Public hearing and approval of the Stormwater Parcel
REPORT Report describing each parcel in the City and the amount of
each parcel's stormwater management user fee for FY 2006-
07, was presented.
There was no one present for public comment.
Motion by Councilmember Katz. seconded by Mayor Holbrook, to
approve the recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Genser
NOES:
ABSENT:
COUNCIL ITEMS:
APPOINTMENTS
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 August 8,
2006.
13-B: Annual appointments to the following boards and
commissions:
11
July 25, 2006
YOUTH ANTI-VIOLENCE
PROGRAMS
Board/Commission
Bayside District Corporation
Senior Community Comm.
Status of Women Comm.
Conv. & Visitors Bureau
Rec. & Parks Comrn.
TerI~ Ending
06/301201 0
06/30/2010
06/30/2010
06/30/2010
06/30/2010
Vacancies
1
2
1
1
1
On order of the Mayor, this matter was continued to August 8,
2006.
13-C: Request of Councilmember McKeown that staff be
directed to agendize for the August 8th City Council meeting a
report to Council and the community from the City's youth
anti-violence program coordinator and other appropriate non-
enforcement staff, providing information so the Council may
consider whether existing 'prevention and intervention' efforts
are sufficient; to suggest options for further focusing our social
program efforts against youth violence and coordinating our
Santa Monica programs with the region; to explore whether
this might best be facilitated through a new position similar to
the one created to coordinate homelessness efforts; to
investigate models for appointing a Community Task Force on
Youth Violence to work with that possible new position or with
current non-enforcement staff; and to identify funding needs
and sources for these and other non-enforcement efforts
against youth violence, including as-yet unimplemented
options developed through the City's gang and youth violence
prevention community workshops; so that all the above
options may be discussed by Council in conjunction with. the
report, was presented.
Members of the public Alejandro Rodriguez, Julian Ayala, Daniel
Avila, Daryl Johnson and Oscar de la Torre spoke in support of the
request.
Motion by Councilmember McKeown, to approve request.
Motion died for lack of a second.
Motion by Councilmember Bloom. seconded by Councilmember
Katz, to continue the process that has already begun to address the
community's concerns and report back as appropriate, including
discussion of enforcement, prevention and intervention. The
motion was unanimously approved by voice vote, with
12
July 25, 2006
Councilmember Genser absent.
BUILDING PARTNERS
FOR A STRONGER
COMMUNITY
13-D: Request of Mayor Holbrook that Council direct staff to
work with the National League of Cities' Leadership Training
Institute to conduct a seminar on Building Partnerships for a
Stronger Community in Santa Monica, January 25-27, 2007.
Staff assistance may be needed to help identify possible
speakers, showcasing some successful partnerships in with our
community, a mobile workshop/tour, and a welcoming
reception, was presented.
There was no one present for public comment.
Motion by Councilmember Katz, seconded by Councilmember
O'Connor, to approve request. The motion was unanimously
approved by voice vote, with Councilmember Genser absent.
EXPANSION LIGHT RAIL 13-E: Request of Councilmember O'Connor to secure City
P~OJECT - NAME Council support for the designation of the color aqua for the
DESIGNATION Exposition Light Rail project and refer to the project as the
Metro Aqua line, was presented.
Motion by Councilmember O'Connor, seconded by
Councilmember Katz, to approve request. The motion was
unanimously approved by voice vote, with Councilmember Genser
absent.
PUBLIC INPUT:
Members of the public Brian Hutchings, Risa Freeman and Gilbert
Gomez expressed concerns on various issues.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at
12:03 a.m.
ATTEST:
~~
Maria M. Stewart
City Clerk
~PROVEU:
~~r7~'L-
Robert T. Holbrook
Mayor
13
July 25, 2006