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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 3 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