M-1/25/2005
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 25, 2005
A regular rneeting of the Santa Monica City Council was called to order by Mayor O'Connor at
5:52 p.m., on Tuesday, January 25,2005, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Pam O'Connor
Mayor Pro Tern Herb Katz
Councilmember Richard Bloom
Councilrnember Ken Genser
Councilmernber Kevin McKeown
Councilmember Bobby Shriver
Absent:
Councilmember Robert T. Holbrook
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:52 p.m., with
Councilmember Holbrook absent. Councilmember Bloom led the
assernblage in the Pledge of Allegiance.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
On order of the Mayor, Item I-A was removed from the Consent Calendar
and continued to February 8,2005, for a possible correction, as noted by
Councilmember McKeown.
Motion by Mayor Pro Tern Katz., seconded by Councilmember Bloom, to
approve all items on the Consent Calendar as presented except Item I-A,
reading resolutions and ordinances by title only and waiving further reading
1
January 25, 2005
MINUTES
WATER EFFICIENCY
REBA TES
OBSOLETE FIRE
TURNOUT SUIT
SPECIAL JOINT
MEETING
thereof The motion was approved by the following vote:
AYES:
Councilmembers Genser, Shriver, McKeown, Bloom, Mayor
Pro Tern Katz, Mayor O'Connor
None
Councilmember Holbrook
NOES:
ABSENT:
I-A: Approval of minutes of the December 14,2004, City Council
meeting.
On order of the Mayor, this item was continued to February 8,2005, for a
possible correction.
I-B: Regional Rebate Program for Water Efficient Devices-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8441 (CCS) with the Metropolitan Water District of South em
California for the Commercial Industrial and Institutional Regional Rebate
Program to provide rebates to businesses that install specified water
efficiency devices, was approved.
l-C: Donation of obsolete Fire Turnout Suit - Resolution No. 10014
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING A FIRE TURNOUT SUIT TO BE SURPLUS CITY
PROPERTY AND AUTHORIZING THE DONATION OF THE SUIT TO
LOCAL 1109 IAFF," was adopted.
On order of the Mayor, the regular City Council meeting recessed at 6:09
p.rn., and reconvened to a joint meeting with the Redevelopment Agency
with Councilmernber Holbrook absent.
I-D: Contract for demolition of rear portion of 1657 Ocean Avenue-
recommendation that City Council authorize the City Manager to negotiate
and execute Contract No. 8442 (CCS) with Gonzalez Construction
Company, in the amount of$149,996, for the removal of the rear portion of
the structure; and recommendation that the City Council and Redevelopment
Agency authorize the City Manager and the Executive Director to execute
Cooperation Agreement No. 8443 (CCS) between the two entities for
payment of the costs associated with the rernoval work, was presented.
Motion by Mayor Pro Tern Katz. seconded by Councilmember Bloorn, to
authorize the City Manager to negotiate and execute Contract No. 8442
2
January 25, 2005
~
RECESS OF SPECIAL
JOINT MEETING
CLOSED SESSIONS:
(CCS). The motion was approved by the following vote:
AYES:
Councilmembers Genser, Shriver, McKeown, Bloom, Mayor
Pro Tern Katz, Mayor O'Connor
None
Councilmember Holbrook
NOES:
ABSENT:
Motion by Councilmember McKeown. seconded by Mayor Pro Tern Katz,
to authorize the City Manager to execute Cooperation Agreement No. 8443
(CCS). The motion was approved by the following vote:
AYES:
Councilmembers Genser, Shriver, McKeown, Bloom, Mayor
Pro Tern Katz, Mayor O'Connor
None
Councilmember Holbrook
NOES:
ABSENT:
On order of the Mayor, the special joint meeting with the Redevelopment
Agency recessed at 6:14 p.m., the City Council convened to the regular
meeting and then recessed to consider closed sessions, with Councilrnember
Holbrook absent.
On order of the Mayor, the City Council reconvened 7:09 p.m., with
Councilmember Holbrook absent, to report the following action taken:
2-A: Conference with Legal Counsel- Existing Litigation: Larry
Verbit v. City of Santa Monica, Case No. SC 078 812.
The City Attorney reported this case was not heard.
2-B: Conference with Legal Counsel Existing Litigation: William
Ewing~ et al.~ v. City of Santa Monica, Case No. YC 046458.
Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, to approve
settlement in the amount of $500,000. The motion was approved by the
following vote:
AYES:
Councilmembers Genser, Shriver, McKeown, Bloorn, Mayor
Pro Tern Katz, Mayor O'Connor
None
Councilmember Holbrook
NOES:
ABSENT:
3
January 25, 2005
2-C: Conference with Legal Connsel - Existing Litigation: City of
Santa Monica v. Baron & Budd~ P.C., Case No. BS 315186.
The City Attorney reported this case was not heard.
2-D: 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 this case was heard and no reportable action
was taken.
2-E: Conference with Legal Counsel Existing Litigation: Jean
Prosser v. City of Santa Monica, Case No. SC 077 183.
Motion by Mayor Pro Tern O'Connor. seconded by Councilmernber Genser,
to approve settlement in the amount of$125,000, payable to the suicide
victirn's rnother. The motion was approved by the following vote:
AYES:
Councilmernbers Genser, Shriver, McKeown, Bloom, Mayor
Pro Tern Katz, Mayor O'Connor
None
Councilmember Holbrook
NOES:
ABSENT:
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 1236 2SU' Street, 1267 Pacific Coast
Highway, and 1007 Pier Street.
Motion by Councilrnember Bloom. seconded by Councilmember Genser, to
settle personnel matter related to City employee Joel Schwartz, approvmg
$103,122.25 for the purchase offive years of service credit, IS-months of
Cobra benefits, and other long-term disability payments; Mr. Schwartz and
the City will release any claims against one another; Mr. Schwartz will
conclude his service to City; the discrimination cornplaint filed by Mr.
Schwartz will be investigated and upon its conclusion, the results will be
reported to Mr. Schwartz. The motion was approved by the following vote:
AYES:
Councilrnernbers Genser, Shriver, McKeown, Bloom, Mayor
Pro Tern Katz, Mayor O'Connor
None
Councilmember Holbrook
NOES:
ABSENT:
4
January 25, 2005
Mayor Pro Tem Katz was
excused at 7.-15 p.m.
ORDINANCES:
DISPLAY OF
MERCHANDISE
Motion by Mayor O'Connor. seconded by Councilmember Bloom, to
approve settlement relative to a 1236 25th Street proposed development of a
3-unit project as follows: Applicant was irnproperly advised he could file an
application on August 26,2004 and still be subject to prior Ordinance No.
2042(CCS), when in effect new Ordinance No. 2131 became effective on
that date; City agrees to process the project in accordance with prior
Ordinance No. 2042 (CCS). The motion was approved by the following
vote:
AYES:
Councilmernbers Genser, Shriver, McKeown, Bloom, Mayor
Pro Tern Katz, Mayor 0' Connor
None
Councilmember Holbrook
NOES:
ABSENT:
The City Attorney reported the remaining two cases were heard and no
reportable action was taken.
2-G: Conference with Legal Counsel- Existing Litigation: Colorado
Creative Studios. LLC v. City of Santa Monica, Case No. BS 092 727.
Mayor Pro Tern Katz advised he had a conflict of interest with this matter
and excused himself frorn participating.
Motion by Councilmernber Bloom. seconded by Mayor O'Connor, to
approve Settlement No. 8445 (CCS) as follows: Colorado Creative Studios
agrees to dismiss case with prejudice within 120 days; the City will schedule
a public hearing at a regular Council meeting to review the proposed project
and consider if a development agreement would be appropriate and if so,
what general negotiating points would be addressed; and, the City to give
applicant 30-days' written notice of public hearing. The motion was
approved by the following vote:
AYES:
Councilmembers Genser, Shriver, McKeown, Bloom, Mayor
O'Connor
None
Councilmember Holbrook, Mayor Pro Tern Katz
NOES:
ABSENT:
7-A: Second reading and adoption of Interim Ordinance No. 2147
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
EXTENDING THE INITIAL INTERIM ORDINANCE AUTHORIZING
THE PLACEMENT OF FURNITURE, PORT ABLE LANDSCAPING
AND CIGARETTE DISPOSAL RECEPTACLES WITHIN THE PUBLIC
5
January 25, 2005
Mayor Pro Tem Katz
returned at 7:17p.m.
RENTAL UNITS
WITHOlIT PERMITS
ALCOHOL CUP'S
RIGHT-OF-WAY AND DISPLAY OF MERCHANDISE ON PRIVATE
PROPERTY," was adopted.
Motion by Councilrnember McKeown. seconded by Mayor Pro Tern Katz,
to adopt the ordinance, reading by title and waiving further reading thereof
The motion was approved by the following vote:
AYES:
Councilmernbers Genser, Shriver, McKeown, Bloom, Mayor
Pro T em Katz, Mayor 0' Connor
None
Councilrnember Holbrook
NOES:
ABSENT:
7-B: Introduction and first reading of an interim ordinance
extending the initial interim ordinance waiving certain development
standards for rental units which were built or created without permits
and registered with the Rent Control Board prior to April 22, 2003,
was presented.
There was no one present for public comment.
Motion by Mayor Pro Tern Katz. seconded by Mayor O'Connor, 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:
Councilrnembers Genser, Shriver, McKeown, Bloom, Mayor
Pro Tern Katz, Mayor O'Connor
None
Councilmernber Holbrook
NOES:
ABSENT:
7-C: Introduction and first reading of an interim ordinance
extending an interim ordinance clarifying that business establishments
with alcohol CUP's must obtain new alcohol CUP's if the
establishments cease operating for a period in excess of one year, except
that, for premises in the eM District, the time period shall be six
months, was presented.
There was no one present for public comment.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Bloom,
to introduce the ordinance for first reading, reading by title only and waiving
6
January 25, 2005
CORRECTION OF
ORDINANCE
STAFF ITEMS:
SANTA MONICA
PLACE; CIVIC CENTER
SPECIFIC PLAN
further reading thereof The motion was approved by the following vote:
AYES:
Councilrnernbers Genser, Shriver, McKeown, Bloom, Mayor
Pro Tem Katz, Mayor O'Connor
None
Councilmember Holbrook
NOES:
ABSENT:
7-D: Ordinance No. 2148 (CCS) entitled: "AN ORDINANCE OF THE
CITY OF SANTA MONICA AMENDING MUNICIPAL CODE
SECTION 9.04.20.28.020 TO CORRECT THE INADVERTENT
DELETION OF RECENT AMENDMENTS TO TIllS SECTION
THROUGH THE ADOPTION OF ORDINANCE NO. 2139 (CCS), AND
DECLARING THE PRESENCE OF AN EMERGENCY," was presented.
There was no one present for public comment.
Motion bv Councilrnember McKeown. seconded by Mavor O'Connor, to
introduce and adopt the emergency ordinance, reading by Litle only and
waiving further reading thereof The motion was approved by the following
vote:
AYES:
Councilrnernbers Genser, Shriver, McKeown, Bloom, Mayor
Pro Tem Katz, Mayor O'Connor
None
Councilmember Holbrook
NOES:
ABSENT:
On order of the Mayor, the City Council convened to a continued joint
meeting with the Redevelopment Agency at 9:40 p.m., with Councilmember
Holbrook absent.
8-A' Proposed Development Agreement for Santa Monica Place;
consideration of Civic Center Specific Plan; resolution of intention to
consider amending the Civic Center Specific Plan Update and Land
Use and Circulation Element - recommendation that the City Council give
direction to staff on proposed development agreement for Santa Monica
Place; give direction on timing of Council consideration of a.doption of the
Draft Civic Center Specific Plan and related actions; adopt Resolution No.
10015 (CCS) entitled: "A RESOLUTION OF INTENTION OF THE CITY
OF SANTA MONICA TO CONSIDER THE CIVIC CENTER SPECIFIC
PLAN UPDATE AND ASSOCIATED AMENDMENT OF THE LAND
USE AND CIRCULATION ELEMENT"; and that the City Council and the
Redevelopment Agency set a joint public hearing to consider amendment of
7
January 25, 2005
the Downtown Redevelopment Plan, was presented.
The following members of the public provided comments, ideas, suggestions
and expressed concerns on various aspects of the project: Joey Fullmer,
KatWeen Rawson, Barbara Tenzer, Janet Morris, Bill Tucker, Vivian
Benjamin, Joe Natoli, Robert Resnick, Chris Josephs, Barbara Brown, Jill
Chapin, Paul Rosenstein, Jacob Samuel, Zina Josephs, Emmalie Hodgins,
Jay Johnson, Darrell Clarke, Victor Fresco, Robyn Dunbar, Arthur Harris,
Nancy Campeau, Roger Genser, Michael Feinstein, Maria Loya, Oscar de la
Torre, Tom Cleys, Denny Zane, Genise Schnithman, and Carissa Drucker.
Motion by Mayor Pro Tern Katz. seconded by Councilmember Bloom, that
the City enter into a Development Agreement with Macerich in a public!
private concept; that staff be thorougWy involved in monitoring public
hearings; that the City hire a consultant for economic study and facilitator to
be paid by developer; that, as development progresses, the mix of uses can
be judged with staff, public and Macerich; that staff report back to Council
every three rnonths on progress; that it be an overall comprehensive plan
encornpassing the Promenade and the Civic Center keeping in mind a human
pedestrian scale; that the negotiating parameters on page 7 and 8 of the staff
report be considered, including: truly public space, functionality as a transit
gateway, appropriate amount of housing with significant affordability, and
economic egalitarianism; and that the project is to be substantially expedited.
The motion was approved by the following vote:
AYES:
Councilmembers Genser, McKeown, Shriver, Bloorn, Mayor
Pro Tem Katz, Mayor O'Connor
None
Councilmember Holbrook
NOES:
ABSENT:
Motion by Councilmernber Genser. seconded by Councilmember McKeown,
to adopt resolution of intention, amended to delete the area north of
Colorado. The rnotion failed by the following vote:
AYES:
NOES:
Councilmembers Genser, McKeown, Bloorn
Councilmember Shriver, Mayor Pro Tern Katz, Mayor
O'Connor
Councilmernber Holbrook
ABSENT:
Motion by Councilmember Bloorn. seconded by Mayor Pro Tern Katz, to
adopt resolution as presented, reading by title only and waiving further
8
January 25, 2005
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Shriver, Bloom, Mayor Pro Tern Katz,
Mayor O'Connor
Councilmembers Genser, McKeown
Councilmember Holbrook
NOES:
ABSENT:
Councilmember Genser stated, for the record, that he voted in opposition
because it's inappropriate for the City to approve a plan that would call ror
12-story towers at Santa Monica Place.
Councilmember Shriver stated that he would like the record to reflect that
Councilmember Genser's statement had nothing to do with his vote for the
motion. That the 12-story towers issue was not in front of Council for
consideration, and that it was not a fair comment.
Mayor Pro Tern Katz stated that Councilrnember Genser's comment was a
totally unfair comment.
Councilmember McKeown stated, for the record, that he voted in opposition
because he does not believe the City should risk the delaying of production
of needed affordable housing.
Planning Director Suzanne Frick notified Council that the Civic Center
Working Group that is being reconvened for this project does not have a
representative from the Planning Commission.
Motion by Councilmember Bloorn, seconded by Mayor Pro Tern Katz, to
offer the Planning Commission the opponunity to designate one member to
the Civic Center Working Group and expand the working group by one.
The rnotion was unanimously approved by voice vote, with Councilmember
Holbrook absent.
Motion by Mayor Pro Tem Katz. seconded by Mayor O'Connor, to set a
joint public hearing to consider an amendment to the Downtown
Redeveloprnent Plan.
Substitute motion by Councilmember Bloom. seconded by Councilmernber
McKeown, to table the motion until the action is necessary. The motion
was unanimously approved by voice vote, with Councilmember Holbrook
absent.
9
January 25, 2005
ADJOURNMENT OF
SPECIAL JOINT
MEETING
MID-YEAR BUDGET
COUNCIL ITEMS:
SENIOR COMMUNITY
COMMISSION
PERSONNEL BOARD
PRC
ACCESSmILITY
APPEALS BOARD
On order of the Mayor, the special joint rneeting was adjourned, and the
regular City Council meeting was reconvened at 1]: 10 p.m., with
Couneilmember Holbrook absent.
8-B: Mid-Year 2004-05 Budget Review recommendation to approve
the proposed budget changes; approve proposed position and classification
changes; adopt resolution establishing various classifications and salary
rates; and provide direction to staff for development of the FY 2005/06 and
2006/07 budgets and work plans, including community priorities.
On order of the Mayor, this matter was continued to February 8,2005, as a
5-itern.
On order of the Mayor, Items 13-A to 13-F to be heard out of order.
I3-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.
On order of the Mayor this matter was continued to February 8, 2005.
Persol111el Board - one special vacancy for a term ending June 30, 2006.
On order of the Mayor this matter was continued to February 8,2005.
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, the floor was opened for nominations.
Councilmember Genser nominated Joel Brand. There being no other
nominations, Mr. Brand was appointed by acclamation, with Councilmember
Holbrook absent.
On order of the Mayor, the special vacancy was continued to February 8,
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 February 8,2005.
10
January 25, 2005
_I
ARB
13-C: Appointment to one special vacancy on the Architectural
Review Board for a term ending June 30, 2005.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tern Katz nominated Lynn Robb. There being no other
nominations, Ms. Robb was appointed by acclamation, with Councilmember
Holbrook absent.
ARTS COMMISSION
13-D: Appointment to one special vacancy on the Arts Commission for
a term ending June 30, 2006.
On order of the Mayor, the floor was opened for nominations.
CouncilmemberMcKeown nominated Matthew Swanlund. There being no
other nominations, Mr. Swanlund was appointed by acclamation, with
Councilrnember Holbrook absent.
DISABll.ITIES
COMMISSION
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 February 8,2005.
RESIGNA TION
13-F: Acceptance of Amanda Sher's letter of resignation from the
Commission on the Status of Women, and authorization for City Clerk
to publish vacancy.
Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, to accept
letter with regrets, and authorize publication. The motion was unanimously
approved by voice vote, with Councilmember Holbrook absent.
COMMUNICA TIONS:
LEAFLETS & FLIERS
12-A: Request of Jill Chapin to address Council regarding issuing
citations to advertisers that distribute fliers and leaflets upon
residential property, was presented.
Motion by Mayor Pro Tern Katz. seconded by Councilmember Shriver, to
direct staff to analyze the request. The motion was unanimously approved
by voice vote, with Councilmembef Holbrook absent.
RESTRAINING ORDER 12-B: Request of B.A. Gray to address Council regarding response
from City Attorney's Office related to restraining order issued against
Mr. Gray by the City, was presented.
11
January 25, 2005
Councilmember Shriver
was excused at 11:37 p.m.
101 BROADWAY
Council member Genser was
excused at 11:39 p.m.
PUBLIC SCHOOL
STUDY
Council member Genser
returned at 11:48 p.m.
ADJOURNMENT:
On order of the Mayor, the inforrnation was received and filed.
12-C: Request of Elizabeth Peterson, from the Elizabeth Peterson
Group, to address Council requesting to review design of a retractable
awning as it conforms to outdoor dining standards and to allow the
awning to remain as per originally issued by Permit No. C11945 on
June 15, 2004, related to the restaurant at 101 Broadway Avenue, was
presented.
Councilrnember Genser advised he had a conflict of interest in this matter
and was excused.
On order of the Mayor, the information was received and filed.
13-G: Request of Mayor O'Connor and Councilmember Bloom that
the City co-sponsor, and that they be authorized to participate in, a
community presentation of the results of the recently released RAND
Corporation study "California's K -12 Public Schools - How Are They
Doing?" which addresses the decline in student performance and State
of California support to education during the post-Proposition 13
period, was presented.
Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, to approve
request. The motion was approved by voice vote, with Councilrnembers
Shriver and Holbrook absent.
On order of the Mayor, the City Council meeting was adjourned at 11 :55
p.rn., to February 8,2005, in rnemory of AI Kolker, Community Activist,
and Dr. Neil Schmidt, former School District Superintendent.
ATTEST:
~~.~
Maria M. Stewart
City Clerk
APPROVED:
~r=-'. t ~V~~
Pam O'Connor
Mayor
12
January 25, 2005