M-10/26/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 26, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50
p.m., on Tuesday, October 26,2004,2004, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein (arrived at 5:57 p.m.)
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Herb Katz
Councilmember Pam O'Connor
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 5:50 p.m., with
Councilmember Feinstein absent. Mona Miyasato, Assistant to the City
Manager, 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.
Councilmember Katz requested Items l-C and I-F be removed from the
Consent Calendar.
Motion by Councilmember Katz. seconded by Mayor Pro Tern McKeown,
to approve all items on the Consent Calendar as presented except Items l-C
1
October 26, 2004
MINUTES
TAX AUDIT
mSTORICAL
ENDOWMENT
STREETIPARKING
LOT/SIDEW ALK
REPAIR
LEASE - 1212 S1H ST.
Council member Katz was
excused at 5:55 p.m.
and I-F, reading resolutions and ordinances by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Holbrook, O'Connor, Mayor
Pro Tem McKeown, Mayor Bloom
None
Councilmember Feinstein
NOES:
ABSENT:
I-A: The minutes of September 14, 2004, City Council meeting were
approved.
I-B: Tax audit and revenue enhancement services - recommendation
to authorize the City Manager to negotiate and execute an amendment to
Contract No. 6221 (CCS) with MBIA MuniServices Company to conduct
Utility Users Tax, Franchise Tax and Transient Occupancy Tax audit and
revenue enhancement services, was approved.
1-D: California Cultural and Historical Endowment grant funds -
recommendation to adopt Resolution No. 9989 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA APPROVING
APPLICATION FOR CCHE FUNDS FOR CONSERVATION OF THE
STANTON MACDONALD WRIGHT MURAL SERIES, INCLUDING
INSTALLATION AT THE NEW PUBLIC LffiRARY," and authorizing
the City Manager to execute all necessary documents, and upon grant
award, to appropriate the grant funds by approving the proposed budget
changes, was approved.
l-E: Contract amendment for street and parking lot resurfacing and
sidewalk repair - recommendation to authorize the City Manager to
negotiate and execute an amendment to Contract No. 8198 (CCS) in the
amount of$148,000, for parking lot resurfacing and sidewalk repair, was
approved.
l-C: Lease of space at 1212 SU' Street - recommendation to authorize
the City Manager to negotiate and execute Agreement No. 8404 (CCS) with
ClM Group to lease office space for the City's Environmental and Public
Works Management Department, was presented.
Councilmember Katz requested to be excused from considering this matter
due to a conflict of interest.
2
October 26, 2004
HYDROGEN VEmCLE
Council member Katz
returned at 5:56 p.m.
Council member Feinstein
arrived at 5:57 p.m.
CLOSED SESSIONS:
STAFF ITEMS:
LAND USE AND
CIRCULATION
ELEMENT
Motion by Councilmember O'Connor. seconded by Mayor Pro Tern
McKeown, to approve staff recommendation. The motion was approved b)
the following vote:
AYES:
Councilmembers Genser, Holbrook, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Feinstein, Katz
NOES:
ABSENT:
I-F: Hydrogen Vehicle Demonstration Project- recommendation to
authorize the City Manager to negotiate and execute Agreement No. 8405
(CCS) with Southern California Air Quality Management District
(SCAQMD) to participate in a five-year hydrogen vehicle demonstration
project, was presented.
Councilmember Katz advised he removed this matter from the Consent
Calendar because he had questions relative to the cost to the city, the actual
cost of the vehicles and the funding from SCAQMD. Staff responded to
questions of Councilmembers and provided additional information.
Motion by Mayor Pro Tern McKeown. seconded by Mayor Bloom, to
approve recommendation. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser; Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
On order of the Mayor, the City Council recessed at 5:59 p.m., to hear
cIosedsPssions and reconvened at 7:15 p.m., with all members present.
Action taken on closed sessions was reported at the end ofthe meeting.
!
8-A: Joint meeting with the Planning Commission to discuss the
Land Use and Circulation Element and Zoning Ordinance update;
discuss and finalize the proposed public participation program; discuss
roles, resources, and update process, and recommendation that the
City Council provide related direction to staft', was held.
The following members of the public provided ideas and suggestions: Ana
Jara, Joey Fullmer, Joe Natoli, Ellen Brennan, Arthur Harris, Tom Cleys,
Sandy Grant, Robert Rader, Jerry Rubin, Maria Loya and Tommie Welch.
3
October 26, 2004
Council member Holbrook
was excused at 9:30 p.m.
MA TRJX STUDY
Counci/member Katz was
excused at J 0: J 5 p.m.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to authorize staff to work with consultant based on the recommendations on
the staff report, based on public comment regarding participatory inclusion,
and based on the memo received from the Planning Commission listed as
attachment "8."
Motion to amend by Councilmember O'Connor, to add that there be a
commitment to keep it on time and on budget. The motion was accepted as
friendly.
Motion to amend by Councilmember Genser, that the motion include regular
meetings between staff, consultants and the Planning Commission for
feedback from the Planning Commission about what has been done and what
is ahead. The motion was accepted as fiiendly.
Motion to amend by Councilmember Katz that Council be kept in the loop
with monthly reports and alerts to special meetings that are to be held. The
motion was accepted as fiiendly.
Motion to amend by Councilmember Feinstein, to include an invitation to
the Santa Monica City College and the Unified School District to participate
and look for synergies and commonalities, within timeline concerns, and to
direct staff to keep an eye towards recommended legislation in the State to
help achieve sustainability goals. The motion was accepted as friendly.
The main motion as amended, was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Holbrook, Katz
NOES:
ABSENT:
8-B: Joint meeting with the Planning Commission to discuss policy
recommendations related to the Planning Matrix Study in regard to the
City's pennit, plan check, inspection and code enforcement processes.
Members of the public Arthur Harris and Nina Fresco provided input and
suggestions on the subject.
Discussion ensued on various related issues and on the recommendations
contained in the Study.
4
October 26, 2004
=::::1
BA YSIDE DISTRICT
AGREEMENT & WORK
PLAN
PUBLIC HEARINGS:
WATER QUALITY
REPORT
On order of the Mayor, the information received and filed. No formal actiol
was taken.
8-C: Bayside District Corporation Services Agreement and Annual
Work Plan - recommendation to approve the Operations and Marketing
Plan and Budget for FY 2004-05 and to authorize the City Manager to
execute Services Agreement No. 8406 (CC8), waspresented.
Members of the public Ned Landin, Joe Natoli and Kathleen Rawson
commented on this subject.
Motion bv Councilmember Feinstein. seconded by Councilmembef
O'Connor, to approve the recommendation amending the Agreement to add
to Section 8.4, page xii, "and seek input from performers as part of that
process," and that in the workplan, under "Strategies," add language to
reflect that "the Venue Manager will host periodic meetings with street
performers for the purposes of seeking input on issues of relevance to street
performers. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, O'Connor, Mayor Pro
Tem McKeown, Mayor Bloom
None
Councilmembers Holbrook, Katz
NOES:
ABSENT:
9-A: Public Hearing and recommendation to approve City of Santa
Monica's Report on Water Quality Relative to Public Health Goals, in
accordance with California Department of Health Services drinking
water quality requirements, was presented.
There was no one for public comment.
Motion by Councilmembers O'Connor. seconded Councilmember Genser, to
approve the recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers Feinstein, Genser, O'Connor, Mayor Pro
Tem McKeown, Mayor Bloom
None
Councilmembers Holbrook, Katz
NOES:
ABSENT:
CONSOLIDATED PLAN 9-B: Public hearing and recommendation to approve an amendment
to the Consolidated Plan, as required by the U.S. Department of
Housing and Urban Development, and approval of proposed budget
5
October 26, 2004
BOARDS AND
COMMISSIONS:
VACATING SEAT
WRITTEN REQUESTS:
PARKING
ARTIST STUDIOS
appropriation, was presented.
There was no one present for public comment.
Motion by Councilmember Feinstein. seconded by Councilmember
O'Connor, to approve recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers Feinstein, Genser, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Holbrook, Katz
NOES:
ABSENT:
10-A: Request of Disabilities Commission to declare a Commissioner's
seat vacant due to absenteeism and lack of communication from the
incumbent, was presented by Commission Member Chris Arroyo.
There was no one present for public comment.
On order of the Mayor, this matter was continued to November 9,2004, to
allow time for the City Attorney to provide written information on the
process.
12-A: Request of Kathy Arndt 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.
Ms. Arndt not being present, and on order of the Mayor, the information
was received and filed.
12-8: Request from Wade Killefer to address Council regarding an
alleged discrepancy in allowable heights for artist studios in the-l
and LMSD Zones and requesting an interim ordinance allowing three
stories and 45' in the LMSD Zone.
The Mayor advised that this matter was withdrawn at the request of Mr.
Killefer.
SETBACK VIOLATIONS 12-C: Request from Jean and William Hulse to address Council
requesting to direct the City Inspector not to pursue setback violations
for previously built, existing accessory structures, was presented.
6
October 26, 2004
=
Staff provided information regarding the current status of this matter and thl
current attempts to resolve it in a mutually satisfactory matter.
On order of the Mayor, the information was received and filed. No formal
action was taken.
ADOPTION OF
MILITARY UNIT
12-D: Request of Sonja Wilson to address Council to request that the
City adopt her husband, a Santa Monica resident who is currently
serving in Iraq, and his unit for purposes of support, communication
and donations from the community.
On order of the Mayor, and at the request of Ms. Wilson, this matter was
continued to November 9,2004.
THIRD STREET
HISTORIC DISTRICT
12-E: Request from Nina Fresco for a co-partnership of the City with
the Santa Monica Conservancy on tour of the Third Street Historic
District on January 2005, including but not limited to the use of City
logo and funding for printing of educational materials, was presented.
Staff provided information on current policy and the effects of approving the
request. Discussion ensued.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, to approve funding in the amount of $2,700, from Council's
discretionary funds, and direct staff to continue to explore and build an
appropriate relationship that fulfills shared goals. The motion was approved
by the following vote:
AYES:
CounciImembefs O'Connor, Genser, Feinstein, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Holbrook, Katz
NOES:
ABSENT:
COUNCIL ITEMS: 13-A: Annual and special vacancy appointments to the following
boards and commissions:
SENIOR COMMUNITY Commission for the Senior Community - one vacancy for a term ending
June 30, 2007.
On order ofthe Mayor, this matter was continued to November 9,2004.
7
October 26, 2004
STATUS OF WOMEN
PERSONNEL BOARD
PRC
HOMELESSNESS
REPORT
PRe
PROPOSITION 70
Commission on the Status of Women - one vacancy for a term ending
June 30, 2008.
On order of the Mayor, the floor was opened for nominations.
Councilmember Feinstein nominated Amanda Rachel Sher. There being no
other nominations, Ms. Sher was.appointed by acclamation, with
Councilmembers Holbrook and Katz absent.
Personnel Board - one special vacancy for a term ending June 30,2006.
On order of the Mayor, this matter was continued to November 9,2004.
Pier Restoration Corporation - one special vacancy for a term ending
November 8,2005.
On order of the Mayor, this matter was continued to November 9,2004.
13-B: Report to City Council by Mayor Bloom regarding the draft
plan of Bring LA. Home, the partnership to end homelessness, was
presented.
On order of the Mayor, the report was received and filed.
13-C: Appointment to two annual vacancies on the Pier Restoration
Corporation with terms ending November 11, 2008.
On order of the Mayor, the floor was opened for nominations. .
Councilmember Genser nominated Ellen Brennan. There being no other
nominations, Ms. Brennan was appointed by acclamation, with
Councilmembers Katz and Holbrook absent.
On order of the Mayor, the second vacancy was continued to November 9,
2004.
13-D: Request of Mayor Bloom that the City Council oppose
Proposition 70 (Tribal Gaming Compacts. Exclusive Gaming Rights.
Contributions to State), was presented.
Motion by Mayor Bloom seconded by Councilmember Feinstein. to approve
request. The motion was unanimously approved by voice vote, with
Councilmembers Holbrook and Katz absent.
8
October 26, 2004
=
ARB RESIGNATION
ARTS RESIGNATION
CLOSED SESSIONS:
13-E: Acceptance of Iris Oliveras's letter of resignation from the
Architectural Review Board, and authorization for City Clerk to
publish vacancy, was presented.
Motion by Mayor Bloom seconded by Councilmember O'Connor. to accept
Jetter with regrets and authorize the City Clerk to publish the vacancy. The
motion was unanimously approved by voice vote, with Councilmembers
Holbrook and Katz absent.
13-F: Acceptance of Thomas Pratt's letter of resignation from the Art!
Commission, and authorization for City Clerk to publish vacancy, was
presented.
Motion by Mayor Pro Tem McKeown. seconded by Mayor Bloom, to
accept letter with regrets and authorize the City Clerk to publish the
vacancy. The motion was unanimously approved by voice vote, with
Councilmembers Holbrook and Katz absent.
On order of the Mayor, the following action taken was reported:
2-A: Conference with Legal Counsel- Existing Litigation: Abraham
Supino v. City of Santa Monica, Case No. SC 080 283, and related
cases.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd, P.e., Case No. Be 315 186.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation: Adion
Apartment
Association. Inc. v. City of Santa Monica, Case No. BC 165082.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Anticipated Litigation:
Number of cases: Four.
ACTION:
Two cases heard. No reportable action taken.
9
October 26, 2004
PUBLIC INPUT
ADJOURNMENT:
Member of the public Art Casillas expressed his opinion and made
comments related to the Police Department.
On order of the Mayor, the City Council meeting was adjourned at 12:00
a.m., in memory of Joseph Paolucci, former member of the Disabilities
Commission and current member ofthe Accessibility Appeals Board.
ATTEST:
~ ~...~
Maria M. Stew rt
City Clerk
~~PR~D: _
\0--..
)
Richard Bloom
Mayor
10
October 26, 2004
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