CITY OF SANTA MONICA

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

SEPTEMBER 28, 2004

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50 p.m., on Tuesday, September 28, 2004, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Richard Bloom

Mayor Pro Tem Kevin McKeown

Councilmember Michael Feinstein

Councilmember Ken Genser

Councilmember Robert T. Holbrook

Councilmember Herb Katz

Councilmember Pam O=Connor (arrived at 6:35 p.m.)

Also Present: Assistant City Manager Gordon Anderson

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

CONVENE/PLEDGE

On order of the Mayor, the City Council convened at 5:50 p.m., with Councilmember O=Connor absent. Gwen Pentecost, Resources Department, 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.

Member of the public Joey Fullmer expressed various concerns.

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to approve all items on the Consent Calendar as presented, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

MINUTES

1-A: The minutes of the July 27, and August 3, 2004, City Council meetings were approved as submitted.

BOOK SHELVING

1-B: Purchase of book shelving for Main Library B recommendation to award Purchase Agreement No. 8394 (CCS) to Yamada Enterprises, in the amount of $309,635, to furnish book shelving for the new Main Library, was approved.

FESTIVAL LIGHTING - MAIN STREET

1-C: Festival lighting on Main Street B recommendation to authorize the City Manager to negotiate and execute Agreement No. 8389 (CCS) with the Main Street Business Improvement Association, Inc., in the amount of $220,000, for the design, installation, maintenance, and operation of festival lighting along Main Street, was approved.

RESIDENTIAL HOUSING REHAB

1-D: Residential Rehabilitation Program - recommendation to authorize the City Manager to negotiate and execute Agreement No. 8390 (CCS) with Comprehensive Housing Services, in the amount of $300,000, for the administration of Residential Rehabilitation Program funds, was approved.

LOCAL HAZARD MITIGATION

1-E: Recommendation to approve the Santa Monica Local Hazard Mitigation Plan, was approved.

JUVENILE PROGRAMS

1-F: Juvenile Offender Intervention Program grant funds - recommendation to adopt Resolution No. 9982 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA RELEASING FUNDS AVAILABLE UNDER THE JUVENILE ACCOUNTABILITY BLOCK GRANT TO THE COUNTY OF LOS ANGELES TO BE USED FOR THE PURPOSE OF HIRING A PROSECUTOR TO TARGET CURRENT, SERIOUS JUVENILE CRIME ISSUES IN OUR LOCAL COMMUNITIES THROUGH THE DISTRICT ATTORNEY=S JUVENILE OFFENDER INTERVENTION NETWORK PROGRAM,@ was adopted.

ANTENNA SITE LEASE

1-G: Antenna site lease B recommendation to authorize the City Manager to negotiate and execute an amendment to Agreement No. 4553 (CCS) with Advanced Electronics, in an amount not to exceed $112,000 per year, for an antenna site lease, was approved.

FRANKLIN STREET WATER RESERVOIR

1-H: Franklin Street Water Reservoir - recommendation to authorize the City Manager to negotiate and execute Contract No. 8391 (CCS) with Denboer Engineering and Construction, Inc., in the amount of $279,500, for the Franklin Street Reservoir Roof Strengthening project, was approved.

WATER USE REBATE PROGRAM

1-I: Rebate Program for Water Efficient Devices - recommendation to authorize the City Manager to negotiate and execute Contract No. 8392 (CCS) with the Metropolitan Water District of Southern California to extend the Commercial, Industrial and Institutional Regional Rebate Program from July 1, 2004 through December 31, 2004, was approved.

STA MOU

1-J: Resolution No. 9983 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SUPERVISORS TEAM ASSOCIATES,@ was adopted.

CHARNOCK WELL FIELD

1-K: Restoration of the Charnock Well Field B recommendation to authorize the City Manager to negotiate and execute Agreement No. 8393 (CCS) with Kennedy/Jenks Consultants, Inc., for engineering support services during the restoration of the well field, was approved.

CITY CORPORATE YARDS

1-L: City Corporate Yard remediation B recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 127 (CD) with ICF Consulting, in the amount of $54,990, for environmental assessment and remediation activities at the City Corporation Yard, was approved.

1544 7^TH STREET

1-M: Resolution No. 9984 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 53675 TO SUBDIVIDE A PROPERTY AT 1544 7^TH STREET FOR A 17-UNIT PROJECT,@ was adopted.

CLOSED SESSIONS:

On order of the Mayor, the City Council recessed at 5:59 p.m., to hear closed sessions and reconvened at 7:05 p.m., with all members present. Action taken on closed sessions was reported at the end of the meeting.

Councilmember O=Connor arrived at 6:35 p.m.

SPECIAL ITEMS:

4-A: Mayor Bloom issued a proclamation declaring the month of October 2004 as ADisability Awareness Month@ in the City of Santa Monica.

ORDINANCES:

On order of the Mayor, Item 7-A to be heard before Item 6-A.

LANTANA PROJECTS

7-A: Second reading and adoption of Ordinance No. 2140 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT No. 8396 (CCS) BETWEEN THE CITY AND LANTANA NORTH HINES DEVELOP-MENT,@ and second reading and adoption of Ordinance No. 2141 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT No. 8397 (CCS) BETWEEN THE CITY AND LANTANA SOUTH HINES DEVELOPMENT,@ were presented.

Motion by Councilmember Katz, seconded by Councilmember Feinstein, to adopt the ordinances, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers O=Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: None

APPEALS:

3010 WILSHIRE BLVD.

6-A: Appeal of Planning Commission's CEQA determination for unmanned wireless communications facility at 3010 Wilshire Boulevard - recommendation to deny appeal and uphold the Planning Commission's CEQA determination exempting the proposed project from further environmental review based on the findings in the report, was presented.

Appellant Matthew Baird and representative Jan Chatten-Brown spoke in support of the appeal.

Barbara Farrish, representing Applicant Infranext for AT&T Wireless, spoke in opposition of the appeal.

Discussion ensued regarding the accuracy of information contained in applicant=s application to the FCC. On order of the Mayor, and with the consensus of Council present, this matter was continued to December 14, 2004, to allow interested parties to get clarification.

On order of the Mayor, members of the public unable to return were allowed to present their public comment as follows: Members of the public Dave Carlson, Patty Cross, John Goodwin, Joey Fullmer, Susan Fraser, Rebekah Brod, and Barbara Kolo spoke in support of the appeal.

PROMENADE USES

7-B: Second reading and adoption of Ordinance No. 2142 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE MUNICIPAL CODE TO LIMIT THE PROMENADE FRONTAGE OF ANY NEW OR EXPANDING RETAIL USE TO FIFTY LINEAR FEET UNLESS A USE PERMIT IS OBTAINED,@ was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: None

SUBSTANTIAL REMODEL

7-C: Second reading and adoption of Interim Ordinance No. 2143 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING THE PROVISIONS OF ORDINANCE 2136 (CCS) MODIFYING THE THRESHOLD AT WHICH A STRUCTURE IS DETERMINED TO BE SUBSTANTIALLY REMODELED 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,@ was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: None

STAFF ITEMS:

8-A: Auto Dealership Development Standards B recommendation to hold a public hearing and direct staff to conduct environmental analysis in compliance with the California Environmental Quality Act and prepare an interim ordinance to implement revised policy regarding automobile dealerships, was presented.

Members of the public Chuck Allord, Carissa Crucher, and Bradley Cooper spoke generally against the proposal.

Members of the public Mark Harding, Chris Harding, Michael Bell, Alex Tissot, and Brenda Katz spoke in support of car dealerships and generally in support of the proposal.

Members of the public Darrell Clarke and Kathy Dodson spoke in support of the Planning Commission=s recommendation.

Considerable discussion ensued relative to the staff report, the Planning Commission=s recommendation and issues raised during public comment.

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to approve staff recommendation amended as follows:

- there is to be a short and a long process relative to temporary use permits (item 7 in the staff report);

- parking structures to be allowed in residential lots and staff to return with options including that the use revert when the auto use ceases;

- non-parking uses underground will not be allowed; if the dealer wants to consider non-parking uses, dealer will pay for environmental work;

- look at a housing impact fee for affordable housing to compensate for lost housing on residential lots;

- consider parapets having solar collectors;

- parking structure height to correspond to the zone=s height limit, or 28" whichever is lower;

- access to be off commercial property unless existing development excludes the option;

- and, there is to be periodic reporting regarding migration of auto uses to the LMSD and M1.

The motion, as amended, was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: None

EAST/WEST CORRIDOR TASK FORCE

8-B: East/West Corridor Task Force recommendations B recommendation that the City Council conceptually approve the East-West Commercial Corridor Parking Task Force recommendations to improve parking opportunities along Wilshire Boulevard, Santa Monica Boulevard, Pico Boulevard, Montana Avenue, and Ocean Park Boulevard; and authorize staff to proceed with the next steps toward implementation.

On order of the Mayor, this matter was continued to future meeting.

BBB EXPANSION

8-C: Big Blue Bus Campus Expansion Project B recommendation to review schematic design plans and provide comment and feedback as appropriate, was presented.

There was no one present for public comment.

On order of the Mayor, this information was received and filed.

SMS BOND MEASURE

8-D: Update on discussion regarding the proposed Santa Monica College $135 million November 2004 Bond Measure, partnering the College the City of Santa Monica, the City of Malibu and the Santa Monica-Malibu Unified School district, and Council determination of level of Council support for the measure.

On order of the Mayor, this matter was continued to a future meeting.

PUBLIC HEARINGS:

UNDERGROUND UTILITY DISTRICT

9-A: 18^th Court to Ashland Court North Underground Utility District B recommendation to hold a public hearing to receive public testimony regarding the establishment of the proposed 18^th Court to Ashland Court North Underground Utility District; and, adopt Resolution No. 9985 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA FINDING THE PUBLIC NECESSITY EXISTS TO ESTABLISH AN UNDERGROUND UTILITY DISTRICT ALONG 18^TH COURT TO ASHLAND COURT NORTH,@ was presented.

Members of the public Tom Stringer, Patrik von Krusenstjerna, Josh Benson and Kimba Hills spoke in support of the recommendation.

Motion by Councilmember Katz, seconded by Councilmember Feinstein, to adopt resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: None

REPORTS - BOARDS AND COMMISSIONS:

Councilmember Holbrook was excused at 11:55 p.m.

Councilmember Katz was excused at 12:00 a.m.

PROPOSITION 63

10-A: Disabilities Commission recommendation to support the Mental Health Services Act, Proposition 63, on the November State ballot and direct staff to take appropriate action to communicate the support of the measure, was presented.

Members of the public Dena Bloomgarden, Susan Fraser, Penny Mehra, Roland Moses and Kecia Weller spoke in support of the recommendation.

Motion by Councilmember Genser, seconded by Councilmember O=Connor, to approve the recommendation. The motion was approved by the following vote:

AYES: Councilmembers O=Connor, Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmembers Holbrook, Katz

WRITTEN COMMUNICATIONS:

Councilmember O=Connor was excused at 12:16 a.m.

PARKING FOR LARGE VEHICLES

12-A: Request of Kathy Ardnt to address Council requesting appropriate large spaces for large vehicles in public property, and requesting that vehicles receive a ticket if parked in two regular-size spaces.

On order of the Mayor, this matter was continued to October 26, 2004.

MOTORCYCLE BASIC RIDING COURSE

12-B: Request of Erika Willhite, to address Council requesting assistance in securing a permanent leased training site for the Motorcycle Safety Foundation basic rider course possibly at the Municipal Airport, at the South Beach Lot, or at the Civic Auditorium parking lot.

Member of the public Amanda Cunningham spoke in support of the request.

Motion by Councilmember Genser, seconded by Councilmember Katz, to direct staff to see if the Airport site is available and to communicate with other entities in the City, including the School District and the Community College, and explore other options.

The motion was unanimously approved by voice vote with Councilmembers O=Connor, Katz and Holbrook absent.

COUNCIL ITEMS:

BAYSIDE DISTRICT CORPORATION

13-A: Annual vacancy appointment to the Bayside District Corporation, for a term ending June 30, 2008.

On order of the Mayor, the floor was opened to nominations for the Bayside District Corporation.

Mayor Bloom nominated Michael Guerin. There being no other nominations, Mr. Guerin was appointed by acclamation with Councilmembers Katz, Holbrook, and O=Connor absent.

ANNUAL APPOINTMENTS

13-B: Annual and special vacancy appointments to the following boards and commissions:

Building and Safety Commission - one vacancy for a term ending June 30, 2008.