M-9/12/2006
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
September 12, 2006
A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at
5:53 p.m., on Tuesday, September 12,2006, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Robert T. Holbrook
Mayor Pro Tern Bobby Shriver (Arrived at 8:13 p.m)
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Herb Katz
Councilmember Kevin McKeown
Councilmember Pam O'Connor (Arrived at 6:01 p.m.)
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
Acting City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:53 p.m.,
with Mayor Pro Tern Shriver and Councilmember O'Connor
absent. Mayor Holbrook 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 Joy Fullmer, Joe Natoli and Jerry Rubin
provided input on various Consent Calendar items.
At the request of Councilmember McKeown, Items I-C, 1-E and
1-H were removed from the Consent Calendar.
Motion by Councilmember Katz, seconded by Councilmember
McKeown, to approve all items on the Consent Calendar as
presented except Items I-C, I-E and I-H, reading resolutions by
title only and waiving further reading thereof.
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September 12, 2006
MINUTES
BICYCLE AND
PEDESTRIAN PATH
AQUARIUM
RE-ROOFING PROJECT
YALE STREET
IMPROVEMENT
PROJECT
COMMUNITY ENERGY
INDEPENDENCE
INITIATIVE
DEMONSTRATION
PROJECT
The motion was approved by the following vote:
AYES:
Councilmembers Genser, McKeown, Katz,
Bloom, Mayor Holbrook
None
Councilinember O'Connor, Mayor Pro Tern
Shriver
NOES:
ABSENT:
I-A: The minutes of June 27, July 3, and July 11,2006, City
Council meetings were approved as submitted.
I-B: Contract for Exposition Corridor Bicycle and
Pedestrian Path - recommendation to authorize the City
Manager to negotiate and execute Agreement No. 8628 (CCS)
with Crain & Associates, in the amount of$537,000, for design,
bid preparation and construction monitoring of the Exposition
Corridor Bicycle and Pedestrian Path, was approved.
I-D: Heal the Bay Aquarium re-roofing project -
recommendation to authorize the City Manager to award
Contract No. 8630 (CCS) to John S. Meek Company, Inc., in the
amount of$212,840, for the re-roofing project; and, authorize
the City Manager to negotiate and execute reimbursement
Agreement No.8631 (CCS), with Heal the Bay in the amount of
$78,808, was approved.
I-F: Yale Street improvement project - recommendation to
award a construction Contract No. 8633 (CCS) to Griffith
Company, in the amount of $969,662 for the Yale Street
Improvement Project, was approved.
I-G: Community Energy Independence Initiative
Demonstration Project - recommendation to authorize the City
Manager to negotiate and execute Agreement No. 8634 (CCS),
with EcoMotion, in the amount of $494,975, to provide project
development and implementation services for the Community
Energy Independence Initiative Demonstration Project, was
approved
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September 12, 2006
WATER
INFRASTRUCTURE
GRANT
GANG INTERVENTION
Councilmember 0 'Connor
arrived at 6:01 p.m.
WOODLAWN
CEMETERY
LANDSCAPING
I-I: Water infrastructure Reliability Project-
recommendation to accept u.s. Environmental Protection
Agency Grant Funds in the amount of$529,900 for the project;
and authorize the necessary budget appropriations, as proposed
in the report, was approved.
I-C: Gang intervention program grant funds -
recommendation that the City Council accept Agreement No.
8629 (CCS) with U.S. Department of Justice, for grant funds in
the amount of $246,807, over a three-year period for a focused
gang intervention program, Night Bridges, at Virginia A venue
Park; authorize the City Manager to execute necessary
agreements; and appropriate funds and make necessary budget
changes, was presented.
Councilmember McKeown advised that he removed this item
from the Consent Calendar to question what the community
involvement will be in the decision-making process. Staff
answered questions of Councilmembers.
Motion by Councilmember McKeown, seconded by
Councilmember Genser, to approve staff recommendation with
the understanding that there will be intense community
involvement. The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown,
Katz, Bloom, Mayor Holbrook
None
Mayor Pro Tern Shriver
NOES:
ABSENT:
l-E: Woodlawn Cemetery landscaping services -
recommendation to authorize the City Manager to negotiate and
execute Contract No. 8632 (CCS) with Valley Crest Landscape
Maintenance, in the amount of $221,796, for grounds
maintenance at Woodlawn Cemetery, was presented.
Councilmember McKeown advised that he removed this item
from the Consent Calendar out of concern over the outsourcing of
services, and to ask the reason and the duration of the
outsourcing. Staff responded to questions from Councilmembers.
3
September 12, 2006
REVIEW SOLID WASTE
SERVICES
SPECIAL AGENDA
ITEMS
CLOSED SESSIONS
Motion by Councilmember McKeown, seconded by
Councilmember Katz, to approved staff recommendation. The
motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown,
Katz, Bloom, Mayor Holbrook
None
Mayor Pro Tern Shriver
NOES:
ABSENT:
1-H: Operations, financial, and rate review of Solid Waste
Services - recommendation to authorize the City Manager to
negotiate and execute a second amendment to Contract No. 8524
(CCS) with Gershman, Brickner and Bratton, in the amount of
$240,000 for review of solid waste services, was presented.
Councilmember McKeown advised that he removed this item
from the Consent Calendar to make sure that the wording in this
contract will clarify the discrepancies between the initial analysis
and the revised analysis presented on July 11, 2006. Staff
responded to questions from Councilmembers.
Motion by Councilmember McKeown. seconded by
Councilmember Katz. to approve staff recommendation. The
motion was approved by the following vote:
AYES:
Councilmembers Bloom, Katz, McKeown,
O'Connor, Genser, Mayor Holbrook
None.
Mayor Pro Tern Shriver
NOES:
ABSENT:
4-A: Commendation to Little League California District 25
Girls Minor League "Angels" Softball Team - Tournament of
Champions winners.
Mayor Holbrook recognized the participants and coaches in this
activity and conveyed Council's support and encouragement for
future endeavors.
Public member Joe Natoli spoke on various closed session items.
On order of Mayor Holbrook, the City Council recessed at 6:16
p.m., to consider closed sessions and returned at 7:46 p.m., with
Mayor Pro Tern Shriver absent, to report the following:
4
September 12, 2006
2-A: Conference with real property negotiator:
Property: 120 Colorado Avenue
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Felcor Hotel Asset Company LLC
ACTION:
Not heard.
2-B: Conference with real property negotiator:
Property: 1632-36 5th Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Jandy, LLC
ACTION:
Not heard.
2-C: Conference with real property negotiator:
Property: 1640 5th Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Martin H. Waldman, et. al.
ACTION:
Not heard.
2-D: Conference with real property negotiator:
Property: 1301-33 4th Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Virginia Tegner Spurgin
Investments Company
ACTION:
Not heard.
2-E: Conference with real property negotiator:
Property: 1415-27 5th Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Mark S. Romney
ACTION:
Not heard.
2-F: Conference with real property negotiator:
Property: 1437 5th Street
City Negotiator: Miriam Mack
5
September 12, 2006
Under negotiation: Interest in Real Property
Owner of Record: PRU/JSM Trino
ACTION:
Not heard.
2-G: Conference with real property negotiator:
Property: 1334 5tb Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Sunnyside Group, et. al.
ACTION:
Not heard.
2-H: Conference with real property negotiator:
Property: 1338-42 5tb Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Bryan Family Trust
ACTION:
Not heard.
2-1: Conference with real property negotiator:
Property: 1324 5th Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Taking 5tb LLCIHILD
ACTION:
Not heard.
2-J: Conference with real property negotiator:
Property: 2715 Exposition Bouelvardl1800 Stewart
Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Richlar Partnership Lease
ACTION:
Not heard.
2-K: Conference with Legal Counsel - Existing Litigation:
City of Santa Monica v. Baron & Budd. P.c., Case No. BC
315 186.
ACTION: Heard. No reportable action taken.
6 September 12, 2006
Councilmember Katz was
excused at 7:59 p. m.
2-L: Conference with Legal Counsel - Existing Litigation:
City adv. Shell Oil Company (arbitration regarding
compliance with settlement agreement in City of Santa
Monica v. Shell Oil Co., Case No. 01CC4331).
ACTION:
Heard. No reportable action taken.
2-M: 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) (Claim of
Evanston Insurance).
Motion by Councilmember O'Connor, seconded by Mayor
Holbrook, to approve settlement to split the claimed amount, the
city to pay $113,538.13 and Bayside would bear the remainder of
the attorney's cost. The amount the city is paying to be applied to
the city's self-insured retention.
AYES:
O'Connor,
Councilmembers Bloom, Katz, McKeown,
NOES:
ABSENT:
Genser, Mayor Holbrook
None
Mayor Pro Tern Shriver
2-N: Conference with Legal Counsel- Existing Litigation:
Palisades Beach Property Owners Association. Inc. v. City of
Santa Monica, Case No. BS 103 819.
Councilmember Katz advised he has a conflict of interest in this
matter and requested to be excused.
Motion by Councilmember McKeown, seconded by
Councilmember Bloom, to approve a settlement agreement as
follows:
1. The City shall enter into and abide by separate agreements
with the Annenberg Foundation and the California
Department of Parks and Recreation, that provide that
certain specified operating conditions will be in place for
at least 10 years and others for at least 7Yz years.
2. The City shall include the specified conditions in the
Coastal Commission permit request and advocate for the
inclusion of the conditions in the Coastal permit.
7
September 12, 2006
3. The parties shall jointly use their best efforts to obtain
Caltrans' approval of a traffic signal at 415 PCH.
4. The settlement agreement is contingent on the City
Council adopting a resolution expressing its intent that
certain specified operating conditions will be in place for
at least 10 years and others for at least 711z years.
5. Once the City has adopted the resolution and entered into
the agreement with the Foundation, the plantiffs Palisades
Beach Road Property Owners Association and Jonathan
Ornstein shall dismiss their lawsuit with prejudice, shall
provide covenants not to sue and will release the City
from all liability in connection with the project. The
Association and Ornstein reserve their right to seek
enforcement of the Settlement Agreement terms and
operating conditions.
6. Each party shall bear their own costs and attorneys' fees.
The motion was approved by the following vote:
AYES:
Council members Genser, O'Connor, McKeown,
Bloom, Mayor Holbrook
None
Councilmember Katz and Mayor Pro Tem Shriver
NOES:
ABSENT:
2-0: Conference with Legal Counsel- Existing Litigation:
Fifth/Arizona Investors. LLC v. City of Santa Monica, 2nd
Civ. No. B188512.
ACTION:
Heard. No action reportable taken.
2-P: Conference with Legal Counsel- Existing Litigation:
Russell Barnard v. City of Santa Monica, Case No. BC 281
367.
Motion by Councilmember Katz, seconded by Councilmember
O'Connor, to approve a settlement as follows: The City to waive
its cost and dismiss its appeal in exchange for Mr. Barnard
8
September 12,2006
dismissing his appeal and the city will receive approximately
$175,000 reimbursement in fees from the insurer.
AYES:
Councilmembers Genser, O'Connor, McKeown,
Katz, Bloom, Mayor Holbrook
None
Mayor Pro Tern Shriver
NOES:
ABSENT:
2-Q: Anticipated Litigation: Anticipate significant exposure
to litigation pursuant to Government Code Section
54956.9(b): one matter involving real property at 161 Ocean
Park Boulevard; one matter involving a challenge to
Ordinance Number 2191 (CCS) (affordable housing
requirements); Claim of Stephanie Barbanell regarding
Seaview Terrace; Claim of R. Demetriou regarding
Woodlawn Cemetery; and Claims of reimbursement for
parking citation overpayments.
ACTION:
Heard. No reportable action taken.
ORDINANCES:
7-A: Introduction and adoption Ordinance No. 2204 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SETTING THE 2006/07 TAX
RATE FOR THE LIBRARY GENERAL OBLIGATION
BONDS," was presented.
LIBRARY GENERAL
OBLIGATION BONDS
Councilmember Katz
returned at 8:01 p.m.
There was no one present for public comment.
Motion by Councilmember O'Connor, seconded by
Councilmember Katz, 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, O'Connor, McKeown,
Katz, Bloom, Mayor Holbrook.
None
Mayor Pro Tern Shriver
NOES:
ABSENT:
On order of the Mayor and at the request of staff, Item 7 -C to be
heard before Item 7- B.
MODIFYING 7-C: Introduction and first reading of an ordinance
DEVELOPMENT modifying the development standards and review processes in
STANDARDS IN THE Rl the Rl Sunset Park and north of Wilshire neighborhoods
9
September 12, 2006
SUNSET AND NORTH OF including, but not limited to, standards and review related to
WILSHIRE setbacks, step backs, maximum parcel coverage, second floor
NEIGHBORHOODS parcel coverage, garages and garage doors, architectural
projections, balconies and porches, and architectural review
of specified structures and clarifYing the second floor parcel
coverage standard as it applies in these and in the North of
Montana neighborhoods. The City Council may also consider
extending these or similar modifications to the Rl District
located north of Pico Boulevard and south of Exposition
Mayor Pro Tern Shriver Boulevard, was presented.
arrived at 8: 13 p.m.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by
Councilmember Genser, to introduce the ordinance for first
reading and amend the staff recommendation to include the
Planning Commission's additions to change the 12.5 foot grade
change to 8 percent over the length of a property.
Substitute motion by Councilmember Katz, seconded by
Councilmember Genser, to accept staff s recommendation and
leave the grade difference at 12.5 feet and not change it to the 8
percent suggested.
The substitute motion was approved by the following vote:
AYES:
Councilmembers Bloom, Katz, O'Connor, Genser,
Mayor Pro Tern Shriver, Mayor Hobrook
Councilmember McKeown
None
NOES:
ABSENT:
Councilmember McKeown stated for the record, that he voted
"no" because the appropriate exercise of discretion is an
important part of what the city should be doing for neighbors and
neighborhoods of our city and that this as adopted doesn't allow
for that discretion in a small but important number of cases,
particularly in Sunset Park.
AMENDING ARTICLE 9 7-B: Introduction and first reading of an ordinance
amending Article 9 of the Municipal Code to modifY project
design and property development standards for specified uses
in certain residential, commercial and industrial districts in
the city including, but not limited to, standards related to
permitted building heights, exceptions to the height limit, unit
density, parcel coverage, floor area and architectural design
10
September 12, 2006
review criteria. The City Council may also consider
modifications related to other administrative and
discretionary review procedures and possible changes to the
City's Affordable Housing Production Program, was
presented.
Members of the public Joy Fullmer, Hank Koning, David Hibbert,
Tom Larmore, John Bohn, Dwight Flowers, Chris Harding and
Ken Kutcher spoke in opposition to the proposed ordinance.
Members of the public Dennis Zane, Zina Jospehs, Jacob Samuel,
Jeanne Dodson, Diana Gordon, Arthur Harris, Genise Schnitman,
Joan Ling, and Jan Williamson spoke in favor of the proposed
ordinance with suggested changes and amendments.
Motion by Councilmember McKeown. seconded by
Councilmember Genser, to approve staff recommendation with
the Planning Commission's recommendations.
Amendment motion by Councilmember Katz. seconded by
Councilmember O'Connor, to maintain building heights as they
are letting the projection of mechanical elevators and stairs stay as
they are and that the LEEDs be a preferred element to any project.
The proposed amendment was withdrawn by Councilmember
Katz.
Amendment motion by Councilmember O'Connor. seconded by
Councilmember Katz, that projects that have LEED's gold or
platinum certification be considered "preferred projects" and
receive a preferred permit.
The motion was approved by the following vote:
AYES:
Pro Tern
Councilmembers O'Connor, Katz, Bloom, Mayor
NOES:
ABSENT:
Shriver, Mayor Holbrook
Councilmembers McKeown, Genser
None
Councilmember McKeown stated for the record, that his "no"
vote on the amendment reflects his concern that it gives too much
incentive to high end condos replacing affordable and other
desirable housing.
11
September 12, 2006
VILLAGE HOUSING IN
THE CIVIC CENTER
ADJOURNMENT OF
SPECIAL JOINT
MEETING
Amendment motion by Councilmember Bloom, seconded by
Councilmember Katz, that market rate apartments that are LEED
silver certified have preferred status.
Discussion ensued on the merits ofthe project and the motions
considered. It was the consensus of Council to continue this
matter to allow ample time for discussion.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to continue this item September 26,2006 and hold a
second reading at an adjourned meeting on October 3,2006.
The motion was unanimously approved by voice vote, with all
members present.
SPECIAL JOINT MEETING WITH THE
REDEVELOPMENT AGENCY:
On order of the Mayor, the regular meeting of the City Council
was recessed and a special joint meeting with the Redevelopment
Agency was convened at 11 :54 p.m., with all members present.
8-A: Village Housing in Civic Center - recommendation that
Council support flexibility in the design of the Village component
of the Civic Center Specific Plan by allowing some building
heights up to 65 feet, to allow modifications to building setback
and step back requirements and to allow reconfigured public open
spaces, was presented.
There was no one present for public comment.
Motion by Councilmember Katz, seconded by Councilmember
Bloom, to approve staff recommendation.
The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown,
Katz, Bloom, Mayor Pro Tem Shriver, Mayor
Holbrook
None
None
NOES:
ABSENT:
On order ofthe Mayor, the special joint meeting with the
Redevelopment Agency was adjourned at 12:05 a.m., and the
regular City Council meeting reconvened, with all members
12
September 12, 2006
SOCIAL SERVICES
COMMISSION
Councilmember Bloom,
excused at 12:00 a.m.
ANNUAL
APPOINTMENTS
RESCIND ARTS
COMMISSION
APPOINTMENT
OPPOSE AB 2449
present.
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 September
26, 2006.
13-B: Annual appointments to the following boards and
commISSIOns:
Board/Commission
Bayside District Corporation
Commission for the Senior Community
Commission on the Status of Women
Convention & Visitors Bureau
Recreation & Parks Commission
No. of Appts.
1
2
1
I
1
Term Ending
06/30/2010
06/3012010
06/30/2010
06/30/2010
06/30/2020
On order of the Mayor, this matter was continued to September
26, 2006.
13-C: Recommendation to rescind the July 11,2006,
appointment of Jacob Samuel to the Arts Commission; and,
consider new appointment to the vacancy on the Commission
with a term ending June 30, 2010.
There was no one present for public comment.
Motion by Mayor Pro Tern Shriver. seconded by Councilmember
Genser. to rescind the appointment and continue the vacancy to
September 26, 2006. The motion was unanimously approved by
voice vote, with Councilmember Bloom absent.
13-D: Request of Councilmember McKeown that in order to
preserve Santa Monica's local jurisdictional power to
responsibly monitor and control the use of environmentally
damaging products, the Council oppose the Governor's
signing of AB 2449 as amended, which usurps local control
over regulating plastic carry-out bags, was presented.
There was no one present for p~blic comment.
Motion by Councilmember McKeown, seconded by
13
September 12, 2006
TOBACCO TAX
ACT OF 2006
UPDA TE ZONING
ORDINANCE
PUBLIC INPUT:
ADJOURNMENT:
Councilmember Katz, to approve recommendation. The motion
was unanimously approved by voice vote, with Councilmember
Bloom absent.
13-E: Request of Council member Bloom that the City
Council adopt the proposed resolution in support Proposition
86, the Tobacco Tax Act of 2006 which if passed by voters in
November 2006 would raise the state's tobacco tax by an
additional $2.60/pack to reduce smoking, especially among
children, and fund critical health care priorities, thereby
reducing the healthcare cost burden on state and local
governments; and reduce tobacco use, was presented.
On order of the Mayor, this matter was continued to September
26, 2006.
13-F: Request of Mayor Holbrook and Councilmember Katz
that Council direct staff to prepare an ordinance amending
the Santa Monica Zoning Code to increase minimum required
lot sizes and dimensions on neighborhood streets of the Rl
District, North of Montana, that have historically contained
larger lot sizes, including direction to prepare the ordinance
in advance of the comprehensive update to the Zoning
Ordinance, was presented.
Member ofthe public Ivo Stoka spoke in support of the request.
Motion by Mayor Holbrook, seconded by Mayor Pro Tern
Shriver, to approve the request. The motion was unanimously
approved by voice vote, with Councilmember Bloom absent.
Members of the public Brian Canning, Trisha Roth and Melvin
Klein discussed various issues and concerns.
On order of the Mayor, the City Council meeting was adjourned
at 12:27 a.m. to September 26,2006, in memory of Phillip
Whiting, Gerald Condon, Deforrest "Moe" Most, and Danny
Mejia.
ATTEST:
APPROVED:
~~~
'"
/ .
Denise Anderson- Warren
Acting City Clerk
Robert T. Holbrook
Mayor
14
September 12, 2006