CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 22, 2005
A regular meeting of the
Santa Monica City Council was called to order by Mayor O=Connor at 5:45 p.m., on Tuesday, February 22, 2005,
at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O=Connor
Mayor
Pro Tem Herb Katz
Councilmember
Richard Bloom
Councilmember
Ken Genser
Councilmember
Robert T. Holbrook
Councilmember
Kevin McKeown
Councilmember
Bobby Shriver (arrived at 7:00 p.m.)
Also
Present:City Manager Susan McCarthy
City
Attorney Marsha Jones Moutrie
City
Clerk Maria M. Stewart
CONVENE/PLEDGE
On order of the Mayor, the
City Council convened at 5:45 p.m., with Councilmember Shriver absent. Councilmember McKeown 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 Joey
Fullmer, Joe Natoli and Jerry Rubin commented on various Consent Calendar
Items.
At the request of the Mayor,
Item 1-A was removed from the Consent Calendar to allow Councilmember Shriver
to participate in the vote after he arrives.
At the request of
Councilmember McKeown, Item 1-B was removed from the Consent Calendar. At the request of Councilmember Holbrook,
Item 1-D was removed from the Consent Calendar.
At the request of Mayor Pro Tem Katz, Item 1-E was removed from the
Consent Calendar.
Motion by Mayor O=Connor, seconded by Mayor Pro Tem Katz, to approve all items on the Consent Calendar as
presented except Items 1-A, 1-B, 1-D, and 1-E, reading resolutions and
ordinances by title only and waiving further reading thereof. The motion was approved by the following
vote:
AYES: Councilmembers Bloom, McKeown,
Holbrook, Genser, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Shriver
CHILD CARE NEXUS
1-C: Nexus study between new development and child care needs B recommendation to authorize the City Manager to
negotiate and execute an amendment to Contract No. 7950 (CCS) with Keyser
Marston Associates, in the amount of $18,000 for a total of $113,000, to
complete preparation of nexus study, was approved.
INVESTMENT POLICY
1-F: City Investment Policy B recommendation to approve the proposed Investment
Policy, extend delegation of investment authority to the Director of
Finance/City Treasurer for the period March 1, 2005 through February 28, 2006,
and adopt Resolution No. 10018 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
ESTABLISHMENT AND USE OF BANK AND BROKERAGE ACCOUNTS AND UPDATING THE LIST OF
PERSONS AUTHORIZED TO CONDUCT TRANSACTIONS WITH THE STATE LOCAL AGENCY
INVESTMENT FUND,@ was approved.
GRANT FUNDS
1-G: Homeland Security Grant Funds B recommendation to accept $82,024.37 in supplemental
grant funds from the County of Los Angeles Office of Emergency Management
(Amendment to Contract No. 8385 (CCS)) to further enhance homeland security
efforts and approve proposed appropriation and budget adjustments, was
approved.
ERUV
1-H: Resolution No. 10019 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO ENTER INTO LICENSING AGREEMENT NO. 8453 (CCS) WITH THE LOS
ANGELES ERUV COMMITTEE RELATING TO THE CREATION OF AN ERUV, A COASTAL
DESIGNATION FOR THE EXERCISE OF RELIGIOUS FREEDOM,@ was adopted.
MEA MOU
1-I: Resolution No. 10020 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MUNICIPAL
EMPLOYEES ASSOCIATION,@ was adopted.
MTA MOU
1-J: Resolution No. 10021 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT
TEAM ASSOCIATES,@ was adopted.
FIREFIGHTERS MOU
1-K: Resolution No. 10022 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA
FIREFIGHTERS, LOCAL 1109, IAFF,@ was adopted.
SANTA MONICA PLACE
CONSULTANT SERVICES
1-B: Consultant services for redevelopment of Santa Monica Place
B recommendation to authorize the City Manager to
negotiate and execute Contract No. 8450 (CCS) with Moore Iacofano to design,
implement, and facilitate a community outreach program; and Contract No. 8451
(CCS) with Keyser Marston Associates to perform financial analysis of the
proposed project, with costs to be reimbursed by the Macerich Company (Contract
No. 8452 (CCS)), was presented.
Councilmember McKeown
advised he removed this item from the Consent Calendar to ask questions
regarding the scope of the project.
Staff replied to questions from Councilmembers.
Motion by Councilmember
McKeown, seconded by Councilmember Genser, to approve staff recommendation.
The motion was approved by
the following vote:
AYES: Councilmembers Genser, Holbrook,
McKeown, Bloom, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Shriver
AERIAL FIRE LADDER TRUCK
1-D: Purchase of Aerial Fire Ladder Truck B recommendation to waive competitive bidding, approve
emergency purchase of one 100-foot tractor drawn aerial ladder truck from KME
Fire Apparatus, in the amount of $783,798.85, and approve the proposed
appropriation of funds, was presented.
Councilmember Holbrook
advised he removed this matter from the Consent Calendar to request additional
information regarding functions of the truck, on equipment, and on the bid
process. Staff responded to questions from
Councilmembers.
Motion by Councilmember
Genser, seconded by Councilmember Bloom, to approve staff recommendation.
The motion was approved by the following vote:
AYES: Councilmembers Genser, Holbrook,
McKeown, Bloom, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Shriver
CONSULTING SERVICES
1-E: Services for downtown development design standards -
recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 8207 (CCS) with ROMA Design Group, in the amount of
$45,382, for additional design standard services for downtown development, was
presented.
Councilmember Katz advised
he removed this from the Consent Calendar to express his concern on the
frequency that contracts return to Council for amendments and the need to be
more prudent and determine the need at the initial contract phase.
Motion by Councilmember
Bloom, seconded by Councilmember Katz,
to approve staff recommendation. The
motion was approved by the following vote:
AYES: Councilmembers Bloom, McKeown,
Holbrook, Genser, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Shriver
CLOSED SESSIONS:
On order of the Mayor, the
City Council recessed to consider closed sessions at 6:08 p.m., and reconvened
at 6:50 p.m., with Councilmember Shriver absent, to report the following:
2-A: Conference with Labor Negotiator.
City Negotiator: Karen
Bancroft,
Director
of Human Resources
Bargaining
Units: Management Team Associates
Supervisory
Team Associates
Administrative
Team Associates
Municipal
Employees Association
Public
Employees Union
Public Attorneys= Legal
Support
Staff Union
United
Transportation Union, Local 1785
Santa
Monica Firefighters, Local 1109 Executive Pay
Plan
The City Attorney reported
that this matter was heard, and no reportable action was taken.
2-B: Conference with Legal Counsel B Existing Litigation:
Aljean Harmetz v. City of Santa Monica, Case Number SC 081 725.
The City Attorney reported
that this matter was not heard.
2-C: Conference with Legal Counsel B Existing Litigation:
City of Santa Monica v. Stewart, Case No. SC 067 033.
The City Attorney advised
that this case involves an attempt by the City to obtain a ruling from a court
on the constitutionality of the Oaks Initiative which was approved by the
voters as Proposition LL in November 2000, and that the case recently lost on a
procedural issue and not on the merits.
The City Attorney recommended that Council consider petitioning for
review by the Supreme Court.
On order of the Mayor, and
without opposition, staff was directed to petition the Supreme Court for
review. Councilmember Shriver was absent.
Motion by Councilmember
McKeown, seconded by Councilmember Genser,
to direct staff to place
this matter on a future agenda for discussion so that the public is aware what
the City is doing regarding the Oaks Initiative and why. The motion was unanimously approved by voice
vote, with Councilmember Shriver absent.
2-D: Conference with Legal Counsel B Existing Litigation:
Arturo Gonzalez v. City of Santa Monica, Case No. CV 99-05409.
The City Attorney advised
that this matter was not heard.
2-E: Conference with Legal Counsel B Anticipated Litigation. Anticipate significant exposure to litigation
pursuant to Government Code Section 54956.9(b): two potential cases related to
real property located at 1267 Pacific Coast Highway, and 161 Ocean Park
Boulevard.
The City Attorney advised
that this matter was not heard.
2-F: Conference with Legal Counsel B Existing Litigation:
Larry Verbit v. City of Santa Monica, Case No. SC 078 812.
Motion by Councilmember
Bloom, seconded by Councilmember Genser, to approve settlement in the amount of $42,500. The motion was approved by the following
vote:
AYES: Councilmembers Bloom, McKeown,
Holbrook, Genser, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Shriver
2-G: Conference with Legal Counsel B Existing Litigation:
Feldman v. City of Santa Monica, Case No. CV 04-1152 SVW (CWx).
Motion by Mayor O=Connor, seconded by Councilmember McKeown, to approve settlement in the amount of
$75,000. The motion was approved by the
following vote:
AYES: Councilmembers Genser, McKeown,
Bloom, Mayor Pro Tem Katz, Mayor O=Connor
NOES: Councilmember
Holbrook
ABSENT: Councilmember
Shriver
ADMIN. ITEMS:
921 19TH
STREET
6-A: Appeal of Landmarks Commission designation of the property
located at 921 19th Street as a City Landmark, and associated policy
discussion regarding application of landmark designation criteria B recommendation that Council uphold the appeal and
overturn the Landmarks Commission=s decision to designate 921 19th Street as
a City Landmark.
On order of the Mayor, this
matter is continued to a future meeting, at the appellant=s request with the date of the hearing to be
re-noticed.
Councilmember Shriver
arrived at 7:00 p.m.
ORDINANCES:
RESTAURANTS - OCEAN PARK
BOULEVARD
7-A: Second reading and adoption of Ordinance No. 2151 (CCS) entitled:
AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
MUNICIPAL CODE CHAPTER 9 TO PERMIT RESTAURANTS WITH MORE THAN 50 SEATS IN THE
C2 DISTRICT, ADJACENT TO OCEAN PARK BOULEVARD BETWEEN 25TH STREET
AND CENTINELA AVENUE, SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT,@ was presented.
Motion by Councilmember
McKeown, seconded by Councilmember Katz, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers Bloom, McKeown,
Holbrook, Shriver, Genser, Mayor Pro Tem Katz,
Mayor
O=Connor
NOES: None
ABSENT: None
LIVING WAGE
7-B: Introduction and first reading of an ordinance of the City of
Santa Monica adding Chapter 4.65 to the Municipal Code creating minimum wage
requirements applicable to City Contractors, was presented.
Member of the public Jerry
Rubin spoke in support of the proposed ordinance.
Motion by Councilmember
McKeown, seconded by Councilmember Bloom, to introduce the ordinance, reading by title only and waiving further
reading thereof.
Motion to amend by
Councilmember Holbrook, seconded by Mayor Pro Tem Katz, to amend the proposed living wage from $11.50 to
$10.28 per hour. The motion failed by
the following vote:
AYES: Councilmember Holbrook, Mayor Pro
Tem Katz
NOES: Councilmembers
Genser, Shriver, McKeown, Bloom, Mayor O=Connor
ABSENT: None
Motion to amend main
motion by Councilmember Shriver, to
direct staff to return after one year with a cost analysis. The maker and seconder of the motion accepted
the amendment as friendly. The motion,
as amended, was approved by the following vote:
AYES: Councilmembers Genser, Shriver,
McKeown, Bloom, Mayor O=Connor
NOES: Councilmember
Holbrook, Mayor Pro Tem Katz
ABSENT: None
MINUTES
1-A: Approval of minutes of the January 25, 2005, City Council
meeting, was presented.
Motion by Councilmember
McKeown, seconded by Councilmember Shriver, to approve the minutes, as revised to Item 8-A - Santa Monica Place.
Councilmember Shriver
requested that he wanted the minutes to reflect that, relative to Councilmember
Genser=s statement for the record on that same item, he
(Councilmember Shriver) did not vote to build 12-story towers and that the
motion did not have that effect.
Discussion ensued on Council=s policy of placing members= statements on the record when not on the prevailing
side of a motion, on Council=s authority to correct minutes and to change minutes.
Motion by Mayor O=Connor, to
add to the minutes the comments made by Councilmembers Shriver and Katz, in
response to Councilmember Genser=s statement for the record. In addition, the amended minutes to be hereby
approved so they will not have to return to Council. The motion was accepted as friendly by the
maker and seconder. The motion, as
amended, was approved by voice vote, with Councilmembers Genser and Bloom
voting in opposition, and with all members present.
Councilmember Genser stated,
for the record, that he voted against the motion because Council is opening a
Pandora=s box when putting miscellaneous comments in the
minutes contrary to Council=s rules, and it begins to obfuscate the fact that
only perhaps half hour after telling the public that Council was going to start
over Santa Monica Place with a blank slate Council indicated its intention to
approve a draft specific plan that includes 85-foot high residential
structures, 85,000 square feet of office space and 350 housing units.
RESTAURANT CAP - BAYSIDE
DISTRICT
7-C: Introduction and first reading of an ordinance amending
Chapter 9 of the Municipal Code to eliminate the numerical cap on restaurants
in the Bayside District and on the Promenade and expand the types of
establishments that can conduct alcohol sales in the Bayside District subject
to Conditional Use Permit, to allow new restaurants with alcohol service in
specified Bayside Districts to be administratively approved rather than
requiring a CUP, and expanding the vending cart program subject to a license
agreement; and Resolution No. 10023 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AMENDING THE
BAYSIDE DISTRICT SPECIFIC PLAN TO ELIMINATE THE NUMERICAL CAP ON RESTAURANTS IN
THE BAYSIDE DISTRICT, ALLOWING EXPANDED OUTDOOR DINING AREAS ON THE PROMENADE,
AND ADDING SIGNAGE STANDARD TO ALLOW FOR SIGNAGE FOR UPPER-LEVEL RESTAURANTS,@ were presented.
Members of the public Joey
Fullmer, Joe Natoli and Jerry Rubin commented on various aspects of the
proposed ordinance.
Motion by Councilmember
Genser, seconded by Councilmember McKeown, to introduce the ordinance as recommended by staff.
Discussion ensued on the
recommendations presented for restaurants with alcohol sales.
Motion to amend by
Councilmember Genser, seconded by Councilmember McKeown, to allow automatic approval for restaurants that
sell only beer and wine, and requiring a discretionary permit review for other
alcohol sales. The motion to amend
failed by the following vote:
AYES: Councilmembers McKeown, Genser
NOES: Councilmembers
Bloom, Holbrook, Shriver, Mayor Pro Tem Katz, Mayor O=Connor
ABSENT: None
Mayor O=Connor asked to include as a friendly amendment to
the motion direction to staff to return quickly with a method to incorporate
into the process periodic inspections and appropriate fees, and to notify
applicants if any, that they will be subject to that program. The amendment was accepted as friendly. The main motion, as amended, was approved by
the following vote:
AYES: Councilmembers Genser, Shriver,
Holbrook, McKeown, Bloom, Mayor Pro Tem Katz,
Mayor
O=Connor
NOES: None
ABSENT: None
Motion by Councilmember
Bloom, seconded by Mayor Pro Tem Katz,
to adopt the resolution, reading by title only and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers Genser, Shriver,
Holbrook, McKeown, Bloom, Mayor Pro Tem Katz,
Mayor
O=Connor
NOES: None
ABSENT: None
USE OF PUBLIC PROPERTY
7-D: Introduction and first reading of an ordinance amending
Chapter 2.72 of the Municipal Code relating to fees for municipal services and
payments to the City for the private commercial use of public property, was
presented.
Member of the public Joey
Fullmer expressed various concerns.
Motion by Mayor Pro Tem
Katz, seconded by Councilmember McKeown, to introduce the ordinance, reading by title only and waiving further
reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers Genser, Shriver,
Holbrook, McKeown, Bloom, Mayor Pro Tem Katz,
Mayor
O=Connor
NOES: None
ABSENT: None
STAFF ITEMS:
1327-1337 OCEAN AVE.
8-A: Discussion of concept plan for Development Agreement for
properties at 1327-1337 Ocean Avenue B recommendation to discuss proposal and
appropriateness of a Development Agreement for the redevelopment of these sites
and provide direction regarding the project=s potential public benefits and negotiating points.
On order of the Mayor, and
at the request of staff, the item was withdrawn from the agenda.
COUNCIL ITEMS:
APPOINTMENTS
13-A: Special vacancy
appointments to the following boards and commissions:
Commission for the Senior
Community - one vacancy for a term ending June 30, 2007.
Personnel Board - one
vacancy for a term ending June 30, 2006.
Pier Restoration Corporation
- one vacancy for a term ending November 8, 2005.
On order of the Mayor, this
matter was continued to March 8, 2005.
HOUSING COMMISSION
13-B: Appointment to one special vacancy on the
Housing Commission for a term ending June 30, 2008.
On order of the Mayor, the
floor was opened for nominations.
Councilmember McKeown nominated Father Mike Gutierrez.
Mayor Pro Tem Katz nominated Alan Freeman.
Father Michael Gutierrez was
appointed by the following vote:
Father Gutierrez: Councilmembers
Genser, McKeown, Bloom, Mayor O=Connor
Alan Freeman: Councilmembers
Shriver, Holbrook, Mayor Pro Tem Katz
PUBLIC INPUT:
Member of the public Joe
Natoli commented on various issues.
ADJOURNMENT:
On order of the Mayor, the
City Council meeting was adjourned at 8:46 p.m., to March 8, 2005, in memory of
Mildred Kiros, wife of Dr. George Kiros and long-time resident of Santa Monica.
ATTEST: APPROVED:
Maria
M. Stewart Pam
O=Connor
City Clerk Mayor