CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 9, 2005
A regular meeting of the
Santa Monica City Council was called to order by Mayor Pro Tem Katz at 5:51
p.m., on Tuesday, August 9, 2005, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pro Tem Herb Katz
Councilmember
Richard Bloom
Councilmember
Ken Genser
Councilmember
Robert T. Holbrook (arrived at 6:00 p.m.)
Councilmember
Bobby Shriver
Absent: Mayor
Pam O=Connor
Councilmember
Kevin McKeown
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 5:51 p.m., with Councilmembers McKeown, Holbrook and
Mayor O=Connor absent.
Councilmember Genser 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 Joy
Fullmer expressed various concerns.
Motion by Councilmember
Genser, seconded by Councilmember Bloom, 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 Genser, Shriver,
Bloom, Mayor Pro Tem Katz
NOES: None
ABSENT: Councilmembers
Holbrook, McKeown, Mayor O=Connor
MINUTES
1-A: The minutes of the June 28 and July 12, 2005, City
Council meetings, were approved.
FURNITURE - MAIN LIBRARY
1-B: Purchase of furniture for Main Library - recommendation
to award purchase orders, in the amount of $692,612.92, to Teknion LLC, Herman
Miller Workplace Resource, and ICF Group, to furnish workstations, seating and
tables for the Main Library, was approved.
RADIO EQUIPMENT
1-C: Purchase of Motorola Radio Equipment - recommendation to
award purchase order, in the amount of $215,115.02, to Motorola for radio
communications equipment for the Fire Department, and appropriate funds, as
proposed, was approved.
S.M. AIRPORT PARK
1-D: Soil remediation at proposed Santa Monica Airport Park site
-
recommendation to authorize
the City Manager to negotiate and execute Contract No. 8499 (CCS) with Waste
Management, Inc., in the amount of $220,536, for contaminated soils remediation
at the park project site, was approved.
SAFE SURRENDER SITES
1-E: Resolution No. 10061 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY TO PARTICI-PATE IN THE SAFE HAVEN PROGRAM FOR CHILDREN, AND RATIFYING
FIRE STATIONS AS SAFE SURRENDER SITES,@ was adopted.
CIVIC AUDITORIUM - FEES
1-F: Civic Auditorium waiver of rental and parking fees -
recommendation to waive rental and parking fees for the Santa Monica High
School Parent Teacher Student Association College Fair scheduled for October 18,
2005, and October 3, 2006, was approved.
PIER REHAB AND REPAIR
1-G: Santa Monica Pier structural rehabilitation and repair
project - recommendation to authorize the City Manager to negotiate and
execute Contract No. 8500 (CCS) with
John S. Meek Company, in the amount of $973,980, for Phase II of the structural
rehabilitation and repair of the Pier, was approved.
CLOSED SESSIONS: (Councilmember Holbrook arrived at 6:00 p.m.)
On order of the Mayor Pro
Tem, the City Council recessed to closed sessions at 5:57 p.m., and returned at
7:55 p.m., with Mayor O=Connor and Councilmember McKeown absent to report the
following:
2-A: Conference
with Labor Negotiator.
City
Negotiator: Karen Bancroft, Director
of Human
Resources
Bargaining
Units: Administrative Team Association
(ATA)
Executive
Pay Plan
Public
Attorney=s Legal Support Staff Union (PALSSU).
Management
Team Associates (MTA)
Municipal
Employees Association (MEA)
Public
Attorneys Union (PAU)
Santa
Monica Police Officers Assn. (POA)
United
Transportation Union (UTU)
ACTION: Not heard.
2-B: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Stewart, Case
No. SC 067 033.
Motion by Mayor Pro Tem
Katz, seconded by Councilmember Shriver, to approve settlement on Fred Woocher=s claim against the City for attorney fees in the
amount of $229,191.84. The motion was
approved by the following vote:
AYES: Councilmembers Genser, Shriver,
Holbrook, Bloom, Mayor Pro Tem Katz
NOES: None
ABSENT: Councilmember
McKeown, Mayor O=Connor
2-C: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Baron & Budd,
P.C., Case No. BS 315 186.
ACTION: Heard.
No reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: Russell Barnard v. City of Santa
Monica, Case No. BC 281 367.
ACTION: Heard.
No reportable action taken.
2-E: Conference with Legal Counsel - Existing Litigation: Linda Reinbold v. City of Santa Monica,
Case No. SC 079 089.
Motion by Mayor Pro Tem
Katz, seconded by Councilmember Bloom,
to approve settlement in the amount of $75,000.
The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook,
Shriver, Genser, Mayor Pro Tem Katz
NOES: None
ABSENT: Councilmember
McKeown, Mayor O=Connor
2-F: Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9(b): one
case, including one dispute related to real property located at 1522 6th
Street.
ACTION: Heard.
No reportable action taken.
2-G: Consultation with Police Chief: Matters Posing A Threat To Public Facilities.
ACTION: Consultation held. The City Attorney reported that the City
Council also held a consultation with the Fire Chief.
ORDINANCES:
RACE ROUTE
7-A: Second reading and adoption of Ordinance No. 21163 (CCS)
entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
SECTION 4.68.160 OF THE MUNICIPAL CODE TO ESTABLISH A NEW 5/10K RACE ROUTE,
ELIMINATE AN EXISTING RACE ROUTE, AND MODIFY THE PERMITTED RACE TIME,
FREQUENCY, AND LANE CONFIGURATION PARAMETERS,@ was presented.
Motion by Councilmember
Holbrook, seconded by Councilmember Genser, to adopt ordinance, reading by title only and waiving further reading
thereof.
The motion was approved by
the following vote:
AYES: Councilmembers Bloom, Holbrook,
Shriver, Genser, Mayor Pro Tem Katz
NOES: None
ABSENT: Councilmember
McKeown, Mayor O=Connor
DRIVEWAYS REQUIRED
7-B: Second reading and
adoption of Interim Ordinance No. 2164 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING
PROVISIONS OF INTERIM ORDINANCE NO. 2159 (CCS) TO ALLOW ADMINISTRATIVE APPROVAL
OF NUMBER AND TYPE OF DRIVEWAYS REQUIRED
FOR PARKING STRUC-TURES WITH OVER 40 SPACES IN MULTI-FAMILY, COMMERCIAL AND
INDUSTRIAL DISTRICTS,@ was presented.
Motion by Councilmember
Holbrook, seconded by Councilmember Bloom, to adopt ordinance, reading by title only and waiving further reading
thereof.
The motion was approved by
the following vote:
AYES: Councilmembers Bloom, Holbrook,
Shriver, Genser, Mayor Pro Tem Katz
NOES: None
ABSENT: Councilmember
McKeown, Mayor O=Connor
FIRE SPRINKLERS &
PLUMBING FIXTURES
7-C: Second reading and adoption of Ordinance No. 2165 (CCS)
entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA ADOPTING THE
2005 EDITION OF THE CALIFORNIA ENERGY CODE AND LOCAL AMENDMENTS TO THE
CALIFORNIA BUILDING, ENERGY AND PLUMBING CODES RELATED TO FIRE SPRINKLERS IN
EXISTING BUILDINGS, ADDITIONAL ENERGY CONSERVATION MEASURES AND THE USE OF NON
WATER-USING URINALS AS PLUMBING FIXTURES; ADDS NEW REGULATIONS RELATED TO
ABRASIVE BLASTING AND OPERATOR QUALIFICATIONS; EXTENDS TIME TO OBTAIN BUILDING
PERMITS; PROVIDES PRIORITY PLAN CHECKING FOR LEED CERTIFIED GREEN BUILDINGS;
CHANGES REQUIREMENTS FOR RESIDENTIAL BUILDING RECORDS; AND TRANSFERS INSPECTION
RESPONSIBILITY FOR SEWER CAPPING TO THE BUILDING OFFICER,@ was presented.
Motion by Councilmember
Holbrook, seconded by Mayor Pro Tem Katz, to adopt ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers Bloom, Holbrook,
Shriver, Genser, Mayor Pro Tem Katz
NOES: None
ABSENT: Councilmember
McKeown, Mayor O=Connor
LANDMARKS ORDINANCE
7-D: Second reading and adoption of Ordinance No. 2166 (CCS)
entitled AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
NON-SUBSTANTIVE PROVISIONS OF SECTIONS 9.36.120 AND 9.36.180 OF THE LANDMARKS
ORDINANCE TO ELIMINATE ACTUAL OR POTENTIAL AMBIGUITIES IN THE ORDINANCE AND TO
SERVE THE INTERESTS OF CLARITY AND BREVITY,@ was presented.
Motion by Councilmember
Holbrook, seconded by Councilmember Bloom, to adopt ordinance, reading by title only and waiving further reading
thereof.
The motion was approved by
the following vote:
AYES: Councilmembers
Bloom, Holbrook, Shriver, Genser, Mayor Pro Tem Katz
NOES: None
ABSENT: Councilmember
McKeown, Mayor O=Connor
COMMERCIAL AND INDUSTRIAL
USES
7-E: Introduction and first reading of an ordinance amending
Section 9.04.18.040 of the Municipal Code to allow existing commercial and
industrial uses with valid conditional use permits without expiration dates to
remain, subject to a renewed Conditional Use Permit, was presented.
Member of the public Kevin
Kozal spoke in support of the proposed ordinance.
Motion by Councilmember
Holbrook, seconded by Mayor Pro Tem Katz, to introduce the ordinance for first reading, reading by title only
and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook,
Shriver, Genser, Mayor Pro Tem Katz
NOES: None
ABSENT: Councilmember
McKeown, Mayor O=Connor
HEDGES, FENCES, WALLS
7-F: Introduction and first reading of an interim ordinance
extending and adjusting the modifications to fence, wall and hedge standards,
including changes to the hedge definition, allowable hedge heights, defined
front yard area, front yard ornamental
structures, front yard safety guardrails, and terraced walls; grandparenting
existing non-conforming hedges, fences, and walls, and establishing
administrative and discretionary height modification procedures, was
presented.
Members of the public Joe
Natoli and Jerry Rubin spoke generally in support of the proposed ordinance.
Motion by Councilmember
Genser, seconded by Mayor Pro Tem Katz,
to introduce the ordinance for first reading, reading by title only and waiving
further reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers Bloom, Holbrook,
Shriver, Genser, Mayor Pro Tem Katz
NOES: None
ABSENT: Councilmember
McKeown, Mayor O=Connor
STAFF ITEMS:
DENSITY BONUS LAW
8-A: Discussion of changes to California=s density bonus law and direction to staff to prepare
an ordinance to comply with State law
- recommendation that Council discuss recent changes to California's density
bonus law, provide direction on how best to align local objectives and policies
regarding affordable housing with State law, and direct staff to prepare an
ordinance to comply with State law, was presented.
Member of the public Joy
Fullmer expressed various concerns.
Discussion ensued among
Councilmembers on the changes in State law, the needs of the City for
affordable housing, and necessary direction to give staff.
On order of the Mayor, the
information was received and filed.
WASTEWATER BONDS
8-B: Wastewater Enterprise Revenue Bonds - recommendation to
adopt Resolution 20062 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE ISSUANCE OF WASTEWATER ENTERPRISE REVENUE BONDS (HYPERION PROJECT), 2005
SERIES A, APPROVING THE EXECUTION AND DELIVERY OF AN INDENTURE, ESCROW
AGREEMENT, BOND PURCHASE AGREEMENT AND THE PREPARATION OF AN OFFICIAL
STATEMENT,@ was presented.
There was no one present for
public comment.
Motion by Councilmember
Holbrook, seconded by Mayor Pro Tem,
to adopt resolution, reading by title only and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers Bloom, Holbrook,
Shriver, Genser, Mayor Pro Tem Katz
NOES: None
ABSENT: Councilmember
McKeown, Mayor O=Connor
SAMPLES AND PROMOTIONAL
MATERIALS
8-C: Recommendation to direct staff to prepare an ordinance
restricting the distribution of commercial product samples and promotional
materials on public property to the Santa Monica Pier and the Bayside District,
was presented.
Members of the public Joy
Fullmer, Jerry Rubin, and Joe Natoli spoke in support of the recommendation.
Motion by Councilmember
Genser, seconded by Councilmember Holbrook, to approve recommendation. The
motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook,
Shriver, Genser, Mayor Pro Tem Katz
NOES: None
ABSENT: Councilmember
McKeown, Mayor O=Connor
1327-1337 OCEAN (Mayor Pro Tem Katz was excused at 8:43 p.m.)
8-D: Discussion of concept plan for development agreement related
to 1327-1337 Ocean Avenue - recommendation that Council discuss proposed
and appropriateness of development agreement for redevelopment of the site and
provide direction regarding the potential public benefits and negotiating
points that should be addressed, was presented.
Mayor Pro Tem Katz advised
he had a conflict of interest with this matter and requested to be
excused. Councilmember Holbrook assumed
the Chair as Temporary Mayor Pro Tem.
Members of the public Janek
Pombrona and Ben Reznick spoke in support of the recommendation.
Motion by Councilmember
Genser, seconded by Councilmember Bloom, to direct staff to negotiate development agreement including
conditions that the plaza should be a public plaza. The motion was approved by the following
vote:
AYES: Councilmembers Bloom, Holbrook,
Shriver, and Genser
NOES: None
ABSENT: Councilmember
McKeown, Mayor Pro Tem Katz, Mayor O=Connor
WRITTEN REQUESTS:
DAY LABORERS (Mayor Pro Tem Katz returned at 8:57 p.m.)
12-A: Request of Linda Rider to discuss the matter of day laborers at
the 11th Street and Colorado intersection and to request that a Ano loitering@ zone be established, was presented.
Members of the public
Charles Bunin, Gene Griffith, and Jerry Rubin spoke in support of the request.
On order of the Mayor Pro
Tem, this matter was referred to staff for options for possible resolutions.
COUNCIL ITEMS:
VACANT CODE ENFORCEMENT
POSITIONS
13-A: Request of Councilmember Shriver to advance consideration of a
planned discussion of Code Compliance activity so that a timely determination
can be made regarding whether the three authorized currently vacant Code
Compliance positions are necessary and could finance other community priorities,
was presented.
There was no one present for
public comment.
On order of the Mayor Pro
Tem, and with the consensus of Councilmembers, staff was directed to return
with information on status of code enforcement and analysis of this request.
APPOINTMENTS:
SENIOR COMMUNITY
13-B: Annual and special vacancy appointments to the following boards
and commissions:
Commission for the Senior
Community - one special vacancy with
a term ending June 30, 2007.
On order of the Mayor Pro
Tem, this matter was continued to September 13, 2005.
EMERITUS APPOINTMENT
The Mayor Pro Tem opened the
floor for nominations for one Emeritus position on the Commission for the Senior
Community.
Councilmember Holbrook
nominated Rosemary Regalbuto. There
being no other nominations, Ms. Regalbuto was appointed by acclamation with
Mayor O=Connor and Councilmember McKeown absent.
SOCIAL SERVICES
COMMISSION
Social Services Commission - one vacancy for a term ending June 30, 2009.
On order of the Mayor Pro
Tem, this matter was continued to September 13, 2005.
BLDG. & SAFETY
13-C: Appointment to one special vacancy on the Building and Safety
Commission for a term ending June 30,
2008.
The Mayor Pro Tem opened the
floor for nominations for the Building and Safety Commission.
Councilmember Bloom
nominated Charles Muttillo. There being
no other nominations. Mr. Muttillo was appointed by acclamation, with Mayor O=Connor and Councilmember McKeown absent.
BAYSIDE DISTRICT
13-D: Appointment to one special vacancy on the Bayside District
Corporation for a term ending June 30, 2007.
The Mayor Pro Tem opened the
floor for nominations for the Bayside District.
Councilmember Bloom nominated
Kelley Wallace. There being no other
nominations. Kelley Wallace was appointed by acclamation, with Mayor O=Connor and Councilmember McKeown absent.
DISABILITIES COMMISSION
13-E: Appointment to one special vacancy on the Disabilities
Commission for a term ending June 30, 2007.
On order of the Mayor Pro
Tem, this matter was continued to September 13, 2005.
RECRUITMENT OF CITY
MANAGER
13-F: Request of Mayor O'Connor and Mayor Pro Tem Katz to appoint an
ad hoc subcommittee to oversee recruitment of candidates for the position of
City Manager and to direct staff to engage an executive search firm, was
presented.
Members of the public Pro Se
and Jerry Rubin commented on aspects of the request.
Motion by Mayor Pro Tem
Katz, seconded by Councilmember Shriver, to appoint Mayor O=Connor and Councilmember Holbrook. The motion was unanimously approved by voice
vote, with Councilmember McKeown and Mayor O=Connor absent.
PUBLIC INPUT:
Members of the public Pro Se
and M. Ross discussed various concerns.
ADJOURNMENT:
On order of the Mayor, the
City Council meeting was adjourned at 9:51 p.m., in memory of Michael Schmeck
and Nicholas J. Evans McGee.
ATTEST: APPROVED:
Maria
M. Stewart Herb
Katz
City
Clerk Mayor
Pro Tem