M-1/11/2005
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 11, 2005
A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at
5:49 p.m., on Tuesday, January 11, 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 (arrived at 5:55 p.m.)
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown"
Councilmember Bobby Shriver
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 5:49 p.m., with
Councilmember Genser absent. Councilmember Shriver 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.
At the request of Mayor Pro Tern Katz, Item I-A was removed from the
Consent Calendar. At the request of staff, Item I-B was removed from the
Consent Calendar.
Motion by Councilmember Bloom. seconded by Mayor Pro Tern Katz, to
approve all items on the Consent Calendar as presented except Items I-A
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January 11, 2005
STREET
IMPROVEMENTS
CIVIC AUDITORIUM
EAST WING
CIVIC AUDITORIUM
COOLING SYSTEM
AIR POLLUTION
REDUCTION
ALTERNATIVE FUELS
SB 1346
UNIVERSAL
PRESCHOOL
and I-B, reading resolutions and ordinances by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
CounciImembers Bloom, McKeown, Holbrook, Shriver,
Mayor Pro Tern Katz, Mayor O'Connor
None
Councilmember Genser
NOES:
ABSENT:
l-C: Petition for various street improvements and setting of a publi~
hearing - recommendation that Council accept a petition submitted by
residents for street improvements on Yale Street, from Montana to Wilshire;
and to set a public hearing on March 8, 2005, on the proposed assessment
district, was approved.
1-D: Civic Auditorium East Wing Ceiling Replacement-
recommendation to authorize the City Manager to negotiate and execute
design-build Contract No. 8438 (CCS) with HEC Construction, Inc., in the
amount of$181,000, for construction of the project, was approved.
I-E: Civic Center Auditorium Cooling System - recommendation to
authorize the City Manager to negotiate and execute design-build Contract
No. 8439 (CCS) with BEC Construction, Inc., in the amount of$871,OOO,
for construction of the project; and approve the proposed budget
appropriation, was approved.
I-F: Recommendation to support participation in the Mobile Source
Air Pollution Reduction Review Committee Alternative Fuels Local
Government Match Program, was approved.
I-G: Recommendation to support participation in the Mobile Source
Air Pollution Reduction Review Committee Upgrade and Expansion of
Existing CNG and LNG Refueling Stations Funding Program, was
approved.
I-H: Resolution No. 10010 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING APPLICATION FOR SB
1346 RUBBERIZED ASPHALT CONCRETE GRANT FUNDS," was
adopted.
I-I: Resolution No. 10011 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA IN SUPPORT OF UNIVERSAL
PRESCHOOL FOR ALL FOUR YEAR OLD CHILDREN IN
CALIFORNIA," was adopted.
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January 11, 2005
L.;;J
839 9TH STREET
I-I: Resolution No. 10012 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO.
54243 FOR A FIVE-UNIT CONDOMINIUM PROJECT AT 839 NINTH
STREET," was adopted.
SUPPORT FOR LIGHT
RAIL AND RED LINE
EXTENSION
l-K: Resolution No. 10013 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA IN SUPPORT OF THE WESTSIDE CITIES
COUNCIL OF GOVERNMENTS' PROPOSED MOBILITY
IMPROVEMENTS FOR EXPOSITION LIGHT RAIL AND FOR RED
LINE EXTENSION," was adopted.
SANTA MONICA
FESTIVAL
l-L: Contract for Production of the Annual Santa Monica Festival -
recommendation to authorize the City Manager to: 1) negotiate and execute
Contract No. 8440 (CCS) with CARS to produce the 2005, 2006, and 2007
Santa Monica Festivals in the annual amount of $80,000, and 2) in the event
additional funds are raised, amend the contract, not to exceed $60,000
annually, to include additional services for expanded festival programming,
was approved.
MINUTES
I-A: The minutes of the November 23, December 7, and December 8,
2004, City Council Meetings were presented.
Mayor Pro Tem Katz stated he wanted to abstain :from voting on the
minutes of November 23, as he was absent :from that meeting.
Motion by Mayor O'Connor. seconded by Councilmember Holbrook, to
approve the minutes as submitted. The motion was unanimously approved
by voice vote, with Mayor Pro Tern Katz abstaining on the November 23,
2004, minutes.
CIVIC CENTER At the request of staff, and on order of the Mayor, the proposed contract for
PARKING STRUCTURE waterproofing with D 7 Consulting :from Item I-B. was withdrawn from
consideration.
I-B: Civic Center Parking Structure construction contracts-
recommendation to authorize the City Manager to negotiate and execute
Agreement No. 8436 (CCS) with Smith-Emery Company, inthe amount of
$223,258, for Deputy Inspection and materials testing; agreement with D 7
Consulting, in the amount of $66,700, for waterproofing inspection; and
Agreement No. 8437 (CCS) with Ninyo and Moore, in the amount of
$204,700, for geotechnical inspection and environmental oversight services
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January 11, 2005
CLOSED SESSIONS:
Council member Genser
arrived at 5:56 p.m.
for the project.
Motion by Councilmember McKeown, seconded by Councilmember Bloom,
to approve staff recommendation, except for the D 7 Contract. The motion
was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Mayor Pro Tem Katz,. Mayor Bloom
None
Councilmember Genser
NOES:
ABSENT:
Member of the public Jim Jaffee expressed concerns regarding possible code
compliance violations atl007 Pier Avenue related to a trash-can enclosure
built within a retaining wall.
On order of the Mayor, the City Council recessed at 6:08 p.m., to consider
closed sessions and returned at 7:14 p.m., with all members present, to
report the following action taken:
2-A: Conference with Legal Counsel- Existing Litigation: Santa
Monica Food Not Bombs v. City of Santa Monica, Case No. CV 03-
0032R.
The City Attorney reported this matter was not heard.
2-B: Conference with Legal Counsel- Existing Litigation:
Fifth/Arizona Investors~ LLC v. City of Santa Monica, Case No. SC
083 204.
The City Attorney reported this matter was heard and no reportable action
was taken.
2-C: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Playa Vista, Case No. BC 093 502.
The City Attorney reported this matter was not heard.
2-D: Conference with Legal Counsel - Existing Litigation: Colorado
Creative Studios~ LLC v. City of Santa Monica, Case No. BS 092 727.
The City Attorney reported this matter was heard and no reportable action
was taken.
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January 11, 2005
;.:..;;;j
2-E: Conference with Legal Council - Existing Litigation: City of
Santa Monica v. Baron & Budd, Case No. BS 315186.
The City Attorney reported this matter was heard and no reportable action
was taken..
2-F: Conference with Legal Counsel- Anticipated Litigation.
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(b): four potential cases, including three disputes
related to real property located at 1007 Pier, 1236 12th St. and 2301
10th St.
The City Attorney reported that three cases were heard and no reportable
action was taken on two cases. On the third case, the following motion was
taken regarding 2301 10th Street:
Motion by Councilmember O'Connor. seconded by Mayor Pro Tern Katz,
that due to erroneous advice from the City on a deadline that allowed the
project to be subject to a previously existing ordinance, the owners missed
the deadline by one day, and the City agrees to settle and allow the project
to proceed in accordance with the prior existing ordinance. The motion was
approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
2-G: Conference with Legal Counsel- Existing Litigation: Amy and
John Feldman v. City of Santa Monica, Case No. CV 04-1152 SVW
(CWx).
The City Attorney reported that no reportable action was taken.
2-H: Conference with Legal Counsel- Existing Litigation: Lelani
Degenaar v. City of Santa Monica, Case No. SC 080 899.
Motion by Mayor Pro Tem Katz. seconded by Councilmember Bloom, to
approve settlement of $75,000. The motion was approved by the following
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January 11, 2005
vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None
None
2-1: Conference with Legal Counsel- Existing Litigation: Brandee
Bradley v. City of Santa Monica, Case No. SC 078 430.
Motion by Councilmember Genser. seconded by Mayor O'Connor, to
approve settlement in the amount of$29,500. The motion was approved by
the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tem Katz, Mayor O'Connor
None
None
ORDINANCES: 7-A: Introduction and first reading of an interim ordinance
PLACEMENT OF ITEMS extending the initial interim ordinance authorizing the placement of
IN THE RIGHT OF WAY/furniture, portable landscaping and cigarette disposal receptacles
PRIVATE PROPERTY within the Public Right-of-Way and display of merchandise on private
property, was presented.
There was no one present for public comment.
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 and directing staff to look into the issue of standards
for seating distances from certain obstacles. The motion was approved by
the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None
None
8-A: Consideration of context in which FY 2005/05 budget will be
developed; receive public comment on budget priorities including
comments on Community Development Block Grant and Home
Investment Partnership Act Programs; and raise questions of staff, was
presented.
STAFF ITEMS:
BUDGET REVIEW
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January 11, 2005
j';;;~
COORDINATED PLAN
FOR HOMELESS
SERVICES
SOBERING CENTER
The following members of the public spoke in support of various funding
priorities and provided input, suggestions and comments: Asuka Hisa, Joey
Fullmer, Pro Se, Eleanor Blumenberg, Karen Gunn, Susan Crimmins,
Richard Cohen, Betsy Hiteshew, Donna Steinberg, Gleam Davis, John
Berley, Jennifer Worch, Barry Seid, Joe Natoli, Erik Neandross, Jan
Williamson, Nina Fresco, Jerry Rubin, Tom Cleys Louise Jaffe, Julia Brown
Kessler, Judy Abdo, Hara Beck, Yolanda de Cordova, Maria Loya, Phyllis
Green, Leo Garcia, and Dennis Woods.
On order of the Mayor, the information and public comment were received
and filed.
8-B: Annual review of the City's Coordinated Plan for Homeless
Services, and recommendation to accept report, hold a public hearing,
and raise questions and provide preliminary comment on strategies to
be discussed on January 25, 2005, was presented.
Members of the public Joey Fullmer, Viper MacKay, Pro Se, Rhonda
Meister, Nancy Carter, Joe Natoli, Jerry Rubin, Paul Freese, Dan Grunfeld,
Tod Lipka, John Maceri, Brian Canning, and Judy Abdo spoke generally in
support of homeless services and comprehensive planning.
Motion by Councilmember Bloom. seconded by Councilmember Shriver, to
accept report. The motion was unanimously approved by voice vote, with
all members present.
8-C: Status of evaluation of the feasibility and effectiveness of the
"sobering center" concept and opportunity for further discussion and
direction to staff, was presented.
Members of the public Nicholas Vrataric, Patricia Scanlan, and Paul Freese
commented on various aspects of a sobering center and on existing
programs in other jurisdictions.
Motion by Councilmember Bloom. seconded by Councilmember Shriver, to
approve the goals listed in the staff report on a substantially expedited basis,
with staff to look at cooperating with the court system, and continuing
regional approach and relationship with Council of Governments, as follows:
· to slow or stop the revolving door cycle of chronic alcoholics going
in and out of detoxification centers, jail and emergency rooms
· to divert this population off the street and into County-fundedmtreatment programs
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January 11, 2005
HOUSING TRUST
FUND GUIDELINES
· to significantly reduce the uncompensated costs, time constraints and
peoplepower burdens to healthcare, law enforcement and judicial
infrastructure caused by homeless chronic alcoholics
· to give people who routinely live on the street an opportunity to
create a stable mainstream lifestyle.
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 City Council meeting convened to a joint
meeting with the Redevelopment Agency at 9:51 p.m., with all members
present.
8-D: Consolidated Rental Housing Trust Fuud Guidelines -
recommendation that the City Council and the Redevelopment Agency
approve the proposed subsidy limits and terms revisions to the Guidelines,
was presented.
Members of the public Tod Lipka, Betty Mueller, Mathew Millen, Paul de
Santis, Genise Schmitman, Joan Ling and Patricia Hoffinan spoke generally
in support of the recommendation.
Motion by Councilmember Genser. seconded by CouncilmemberMcKeown,
to approve staff recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers Genser, Shriver, McKeown, Bloom, Mayor
Pro Tern Katz, Mayor O'Connor
Councilmember Holbrook
None
NOES:
ABSENT:
Motion by Mayor Pro Tem Katz. seconded by Councilmember Shriver, that
based on comments made during the discussion, to place on a future agenda
discussion of the City's process of the affordable housing program. The
motion failed by the following vote:
AYES:
NOES:
Councilmembers Shriver, Holbrook, Mayor Pro Tem Katz
Councilmembers Genser, McKeown, Bloom, Mayor
O'Connor
None
ABSENT:
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January 11,2005
ECc.J
ADJOURNMENT OF
SPECIAL JOINT
MEETING
WRITTEN REQUESTS:
COUNCIL ITEMS:
BOARD/COMMISSION
APPOINTMENTS
ACCESSffiILITY AND
APPEALS BOARD
Motion by Councilmember Genser. seconded by Councilmember Bloom, to
place on a future agenda discussion of lack of compliance with the City's
Proposition R and possible solutions. The motion was unanimously
approved by voice vote, with all members present.
On order of the Mayor, the special joint meeting was adjourned at 10:3 5
p.m., and the regular City Council meeting was reconvened, with all
members present.
12-A: Request of Georja Umano Jones that Council consider a
proposed pilot project for a dog park on the beach, was presented.
Members of the public Daryl Barnett, Bruce Favish, Michelle Jones, Risa
Freeman, and Patricia Gordon spoke in favor of the request.
Motion by Councilmember McKeown. seconded by Mayor Pro Tem Katz,
to direct staff to prepare pilot program, pursue any County or State
authorizations, if needed, and return with specific funding requirements, if
any, for Council to consider and implement, considering Heal the Bay's
recommendation and the siting of the area in relation to people with
disabilities. The motion was unanimously approved by voice vote, with all
members present.
13-A: Annual and special vacancy appointments to the following
boards and commissions:
Commission for the Senior Community - one special vacancy for a term
ending June 30,2007.
Personnel Board - one special vacancy for a term ending June 30, 2006.
Pier Restoration Corporation - one annual vacancy for a term ending
November 11, 2008, and one special vacancy for a term ending November 8,
2005.
On order of the Mayor, this matter was continued to January 25,2005.
13-B: Appointment to one special vacancy on the Accessibility Appeals
Board for a term ending June 30, 2005.
On order of the Mayor, this matter was continued to January 25,2005.
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January 11, 2005
ARB
ARTS COMMISSION
DISABILITIES
COMMISSION
COUNCIL LIAISONS
13-C: Appointment to one special vacancy on the Architectural Review
Board for a term ending June 30, 2005.
On order of the Mayor, this matter was continued to January 25,2005.
13-D: Appointment to one special vacancy on the Arts Commission for
a term ending June 30,2006.
On order of the Mayor, this matter was continued to January 25,2005.
13-E: Appointment to one special vacancy on the Disabilities
Commission for a term ending June 30, 2007.
On order of the Mayor, this matter was continued to January 25,2005.
13-F: Appointment of Council Liaisons to City Boards and Commissions.
On order of the Mayor, the following Councilmembers were appointed as
Council Liaisons to the respective Boards and Commissions, as follows:
Accessibility Appeals Board
Airport Commission
Councilmember Bloom
Councilmember Genser,
Mayor Pro Tern Katz
Councilmember Bloom,
Mayor Pro Tern Katz
Councilmember McKeown
Councilmember Bloom
Councilmember Holbrook
Councilmember Shriver
Mayor Pro Tem Katz
Councilmember McKeown
Councilmember McKeown
Councilmember Holbrook
Councilmember Holbrook
Mayor O'Connor
Councilmember Shriver
Councilmember Bloom,
Councilmember Shriver
Councilmember Genser,
Councilmember Bloom
Mayor O'Connor,
Councilmember Shriver
Architectural Review Board
Arts Commission
Building & Safety Commission
Commission for the Senior Community
Commission on the Status of Women
Disabilities Commission
Housing Commission
Landmarks Commission
Library Board
Personnel Board
Planning Commission
Recreation & Parks Commission
Social Services Commission
Bayside District Corporation
Convention and Visitors Bureau
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January 11, 2005
;:;:::J
LIGHT RAIL
AUTHORITY
APPOINTMENT
AUTO DEALERS
ORDINANCE
Pier Restoration Corporation
Councilmember Genser,
Councilmember Holbrook
Councilmember McKeown
Mayor O'Connor
Mayor Pro Tern Katz,
Mayor O'Connor
Task Force on the Environment
Sustainable City Task Force
School/College/City Liaison Comm.
13-G: Appointment of City of Santa Monica member to the Expositioll
Light Rail Construction Authority.
On order of the Mayor, the floor was opened for nominations to the Exposition
Light Rail Construction Authority.
Councilmember Bloom nominated Mayor O'Connor. There being no other
nominations, Mayor O'Connor was appointed by acclamation, with all
members present.
13-H: Request of Mayor Pro Tem Katz to direct City staff to aceelerate
preparation of the interim ordinance, discussed by Council on September
28, 2004, concerning auto dealer zoning and to include additional issues
concerning permits for auto dealer inventory parking, use of BCD-zoned
parking lots for auto-dealer employee parking; and streamlined
procedures for reviewing and permitting the proposed expansien of
existing auto dealerships, was presented.
Member of the public Chuck Allord spoke in opposition of the request and on
a possible conflict of interest by Mayor Pro T em Katz.
Mayor Pro Tem Katz advised that he had consulted with the City Attorney and
that based on law, he is not in conflict. In addition, he clarified that dealerships
are not his main business, and therefore believes there is not a conflict of
interest in his participating in this matter.
City Attorney Marsha Moutrie, in reply to a request from a Councilmember,
briefly reviewed the conflict of interest laws.
Motion by Councilmember Bloom. seconded by Mayor O'Connor, to direct
- staff to provide progress reports every 60 to 90 days in order that the Council
and the community are apprised of this issue being held on track, and if there
is a problem in not meeting the current August deadline, the problem be
brought up to Council's attention. The motion was unanimously approved by
voice vote, with all members present.
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January 11, 2005
DOWNTOWN DESIGN
STANDARDS
13-1: Request of Councilmember Bloom that the Council direct staff to
prepare interim changes to downtown design standards in order to
encourage more creative architecture and better land use, was presented.
Motion by Councilmember Bloom. seconded by Councilmember Genser, to
approve request. The motion was approved by voice vote, with Mayor Pro
Tern Katz and Mayor O'Connor voting in opposition, and with all members
present.
RESIGNATION
13-J: Acceptance of Lena Perelman's letter of resignation from the
Housing Commission, and authorization for City Clerk to publish
vacancy, was presented.
Motion by Councilmember Holbrook. seconded by Mayor Pro T em Katz, to
accept letter with regrets and authorize publication of the vacancy. The motion
was unanimously approved by voice vote, with all members present.
PARTICIPATION IN 13-K: Request of Mayor O'Connor to discuss participation options for
COMMUNI1YMEETINGSmembers of the City Council and Boards and Commissions, and Task
Forces covered by the Brown Act in community meetings regarding Land
Use and Circulation Elements and Zoning Code updates, was presented.
The City Attorney reviewed the Brown Act requirements and the need to post
a special meeting if a quorum of a group is present.
On order of the Mayor, staffwas directed to look at what other communities
have done in similar circumstances of holding large community meetings
regarding land use issues and allowing information flow.
PUBLIC INPUT:
Member of the public Patricia Gordon, Carl Beierle, and B.A. Gray discussed
vanous concerns.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 11 :35 p.m.
to January 25,2005, in memory of Rosemary Kennedy, aunt of Council member
Bobby Shriver and the inspiration for the Special Olympics; and in memory of
long-time Sunset Park residents, Joan Rankin and Ed Wirtz.
ATTEST:
~ \~-~
APPROVED:
Maria M. Stewart
City Clerk
V1fff~
Pam O'Connor
Mayor
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January 11, 2005
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