M-1/10/2006
CITY OF SANTA MONICA
CITY COUNCn. MINUTES
JANUARY 10,2006
A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at
5:45 p.m., on Tuesday, January 10,2006, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Robert T. Holbrook
Mayor Pro Tem Bobby Shriver (arrived at 6:10 p.m.)
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Herb Katz
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:00 p.m.)
Also Present: Assistant City Manager Gordon Anderson
City Attorney Marsha Jones Moutrie
City Clerk Maria M, Stewart
CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:45 p.m., with
Councilmember O'Connor and Mayor Pro tern Shriver absent.
Councilmember Bloom 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.
On order of the Mayor, and at the request of staff, Item I-A was withdrawn
from the Consent Calendar.
Motion by Councilmember Katz. seconded by Councilmember Genser, to
approve all items on the Consent Calendar as presented except Item l-~
reading resolutions by title only and waiving further reading thereof The
motion was approved by the following vote:
AYES:
Councilmembers Genser, McKeown, Katz, Bloom, Mayor
Holbrook
None
Councilmember O'Connor, Mayor Pro Tern Shriver
NOES:
ABSENT:
1
January 10, 2006
MINUTES
URBAN RUNOFF
PROJECT
LANDFILL STUDY
AIRPORT LEASES
MAIN LIBRARY
ATA MOU
I-A: Approval of minutes of the November 22, 2005, City Council
meeting.
This matter was withdrawn at request of staff
I-B: Resolutions to receive grant funds for the 1~ Street Multi-State
and Bicknell Green Street Urban RunotTProject - recommendation to
adopt Resolution No. 10100 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY TO ENTER
INTO GRANT AGREEMENT No. 8543, AND ANY AMENDMENTS
THERETO, WITH THE STATE OF CALIFORNIA AND
AUTHORIZING TIffi CITY MANAGER TO EXECUTE THE 2006
GRANT AGREEMENT FOR THE 16TH STREET MULTI-STAGE
PRACTICE PROJECT," and Resolution No. 10099 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY TO ENTER INTO GRANT AGREEMENT No. 8542, AND
ANY AMENDMENTS THERETO, WITH THE STATE OF
CALIFORNIA AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE 2006 GRANT AGREEMENT FOR THE BICKNELL
STREET PRACTICE PROJECT," was approved,
1-C: Landfill Study at City Yards - recommendation to authorize the
City Manager to negotiate and execute Agreement No, 8544 (CCS) with
SCS Engineers, in the amount of $100,000, to study and provide options for
the handling of landfill settlement issues at the City Yards, was approved.
1-D: Lease agreements for three aviation service providers at Airport
- recommendation to authorize the City Manager to negotiate and execute
Lease Agreement Nos. 8545, 8546, and 8547, with Santa Monica Air
Center, Inc., Krueger Aviation, Inc., and American Flyers, respectively, was
approved.
l-E: Agreement for the Main Library Project - recommendation to
authorize the City Manager to negotiate and execute a modification to
Contract No. 8328 (CCS) with Engineering Economics, Inc" in the amount
of$30,51O, for a total of$155,636, for additional building commissioning
services for the Main Library Project, was approved,
l-F: Resolution No. 10101 entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
ADMINISTRATIVE TEAM ASSOCIATES," was adopted
2
January 10, 2006
MTA MOU
I-G: Resolution No. 10102 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE MANAGEMENT TEAM
ASSOCIATES," was adopted.
MILEAGE REIMBURSE- I-H: Resolution No.tOt03 (CCS) entitled: "A RESOLUTION OF THE
MENT CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER
6161 (CCS) RELATING TO THE RATE OF REIMBURSEMENT FOR
EMPLOYEE USE OF PERSONAL CAR FOR CITY BUSINESS," was
adopted.
CLOSED SESSIONS:
Council member 0 'Connor
arrived at 6:00 p.m.
Mayor Pro Tem Shriver
arrived at 6:10 p.m,
On order of the Mayor, the City Council recessed at 5:56 p.m., to consider
closed sessions and reconvened at 7:22 p,m., with all members present, to
report the following:
2-A: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. P.C.. Case No., BC 315186.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Toni
KaJiIi v. City of Santa Monica, Case No. SC 083 051.
Motion by Councilmember O'Connor. seconded by Councilmember
McKeo~ to approve settlement in the amount of $25,000 in favor of
plaintiff The motion was approved by the following vote;
AYES:
Councilmembers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
2-C: Conference with Legal Counsel- Existing Litigation: Malibu
Broadbeach L.P. v. City of Santa Monica, Case No. SS 013 394.
ACTION:
Not heard,
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.
3
January 10, 2006
2-E: Conference with Legal Counsel- Existing Litigation: In re
Adelphia Communications Corporation. et al.. USBC. Southern
District of New York, Case No. 02-41729 (REG).
ACTION:
Not heard.
2-F: Conference with Labor Negotiator.
City Negotiator: Karen Bancroft, Director of Human
Resources
Bargaining Units: Public Attorneys Union (PAU)
ACTION:
Heard. No reportable action taken.
SPECIAL AGENDA
ITEMS:
4-A: Recognition of Red Cross and City Employees for Katrina
Hurricane Relief.
On behalf of the City Council, Mayor Holbrook recognized and conveyed
the City's appreciation to all volunteer workers, including City Employees.
CONTINUED ITEMS: 5-A: Community Gardens proposed rules and regulations -
COMMUNITY GARDENS recommendation that Council approve the proposed rules and regulations
for the operation of the City's Community Gardens, was presented.
The following members of the public spoke in support of Community
Gardens, more sites in the City, and against term limits for gardeners: Hugh
Browning, Marshall Siskin, Jerry Rubin, Neil Carrey, Bryna Skuro, Jim
Conn, Susan McCorry, Carol Hetrick, Chris Gutierrez, Randy Ziglar, Tim.
Bowler, Denny Zane, and Linda Sullivan.
Motion by Councilmember McKeown. seconded by Councilmember Katz,
to approve staff recommendation, with the exception of term limits, to direct
staff to aggressively pursue expanded opportunities for Community Garden
sites in the City, and directing staff and the Recreation and Parks
Commission to return within one year with a status report and information
on turn-over rate. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Katz, McKeown, Genser, Mayor Holbrook
Councilmember Bloom, O'Connor, Mayor Pro Tern Shriver
None
4
January 10, 2006
JOINT MEETING WITH
REDEVELOPMENT
AGENCY:
CIVIC CENTER
VILLAGE
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to investigate adding to rules a ban on the use of genetically modified
organisms in the gardens. The motion was unanimously approved by voice
vote, with all members present.
On order of the Mayor, the City Council recessed to a special joint meeting
with the Redevelopment Agency at 9:01 p,m" with all members present.
5-B: Selection of Civic Center Village Developer-Design Team,
consideration of building heights, and community design process -
recommendation that the Redevelopment Agency authorize the Executive
Director to negotiate and execute Contract No. 8548 (RAS) with The
Related Companies of California as the developer-design team for the
project; and that the City Council permit The Related Companies of
California to explore with the community a building height to achieve the
325 residences, and direct staff to identify a community engagement process
for the design of the project, was presented.
The following members of the public commented on various aspects of the
proposal: Joey Fullmer, Will B. King, Jason Parry, Jacob Samuel Arthur
Harris, Ellen Brennan, and Lorraine Sanchez,
Motion by Agency Member Genser. seconded by Agency Member Katb to
authorize the Executive Director to execute the proposed contract. The
motion was approved by the following vote:
AYES:
Agency Members Bloom, Katz, McKeown, O'Connor,
Genser, Chair Pro Tern Shriver, Chair Holbrook
None
None
NOES:
ABSENT:
Motion by Councilmember Genser. seconded by Councilmember Bloom, to
permit The Related Companies to explore with the community a building
height, and to direct staff to identify a community engagement process. In
addition, staff to explore a height not to exceed 65 feet for a portion of the
buildings. The motion was approved by the following vote.
AYES:
Councilmembers Genser, O'Connor McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor O'Connor
None
None
NOES:
ABSENT:
5
January 10, 2006
ADJOURNMENT OF
JOINT MEETING
ORDINANCES:
ADELPHIA TRANSFER
STAFF ITEMS:
LAND USE AND CIRCU-
LATION ELEMENT
415 PACIFIC COAST
IDGHWAY
On order of the Mayor, the joint meeting was adjourned and the City
Council recessed at 9:56 p.m., and reconvened the regular City Council
meeting at 10:15 p.m., with all members present.
7-A: Adelphia Transfer to Time Warner - introduction and first
reading of an Ordinance approving and consenting, subject to certain
conditions, to the transfer of control of Century- TCI California, LP from
Adelphia Communications Corporation to Comcast Cable.Holdings, LLC
and to the transfer of ownership and control of CAC I, LLC from Comcast
Cable Holdings, LLC to Time Warner Cable, Inc., and authorization for the
City Manager to execute all necessary documents.
On order of the Mayor, and at the request of staff, this matter was
withdrawn.
8-A: Land Use and Circulation Element draft alternatives and
performance measures - recommendation that Council review and
comment upon the direction of the draft alternatives, common themes,
performance indicators and measure, and public outreach effort.
On order of the Mayor, this matter was continued to January 24,2006, as a
5-item.
8-B: 415 PCB Schematic Design - recommendation that Council
approve the proposed schematic design for the rehabilitation and adaptive
reuse of publicly-owned property at 415 Pacific Coast Highway, was
presented,
The following members of the public spoke in opposition to the proposal:
Tom Snyder, Gene Bink, Jonathan Ornstein, Joseph Melcnione, and Phyllis
Nugent.
The following members of the public spoke in support of the proposal: Neil
Carrey, Nina Fresco.
Motion by Councilmember Katz. seconded by Councilmember Bloom, to
approve staff recommendation, and to direct staff to meet with the Pacific
Coast Highway Homeowners Association again, as soon as possible, to
address the concerns heard during public comment.
Motion to amend by Councilmember Genser, that staff return at an
appropriate time during the design process for public/Council review. The
motion was approved as friendly.
6
January 10, 2006
RESOLUTIONS:
PREFERENTIAL
PARKING ZONE LL
Council member Katz was
excused at 12:12 a,m.
COUNCIL ITEMS:
PIER RESTORATION
CORPORATION
CALIFORNIA
NATIONAL GUARD
Mayor Pro Tem Shriver was
excused at 12:20 a.m,
The motion, as amended, was approved by the following vote:
AYES:
Councilmembers Bloom, Katz, McKeown, O'Connor,
Genser, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
II-A: Preferential Parking Zone LL - recommendation to adopt
Resolution No, 10104 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA EXPANDING PREFERENTIAL PARKING ZONE
LL TO INCLUDE THE 1100 BLOCKS OF FRANKLIN AND
BERKELEY STREETS BETWEEN WILSIDRE BOULEVARD AND
LIPTON AVENUE AND AMENDING RESOLUTION 9344 (CCS)," was
presented.
There was no one present for public comment.
Councilmember Genser. seconded by Councilmember McKeo~ to adopt
the resolution, reading by title only, and waiving further reading thereof
The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tem Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
13-A: Appointment to one annual vacancy on the Pier Restoration
Corporation for a term ending November 10,2009. (Continued from
December 13, 2005.)
On order of the Mayor, this matter was continued to January 24,2006.
13-B: Request of Councilmember McKeown that the Santa Monica
City Council support Assembly Joint Resolution 36, a measure also to
be advanced in Sacramento's upper house by Santa Monica's State
Senator Sheila Kuehl, which would hasten the return home of local
California National Guard troops by calling for the enforcement of
Constitutional limits on the Federal government's power to control
state militias, was presented.
7
January 10, 2006
PUBLIC INPUT:
ADJOURNMENT:
The following members of the public spoke in support of the request:
Hillary Kaye, Kyle Petlock, Andy Briggs, Susan Adelman, Jerry Rubin,
Susan Hartley, Jay Johnson, Rose Robinson, Kelly Kayes-Raitt, Ana Maria
Jara, and Bernadette Scully
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to approve request. The motion was unanimously approved by voice vote,
with Councilmember Katz and Mayor Pro Tem Shriver absent.
There was no one present for public input.
On order of the Mayor, the City Council meeting was adjourned at 12:46
a.m., in memory of Lesley Devine, a founding councilmember of the City of
Calabasas; Leo Oblath, the father of Patti Oblath; Simon Martin LeDuff, a
63-year resident, who served on many boards including the YMCA Board of
Directors; and Gerald Tolman, son of retired Santa Monica Fire Chief Tom
Tolman and his wife Mary.
ATTEST:
~~t":: ._~
Maria M. Stewart
City Clerk
APPROVED:
~/-:- ~
Robert T. Holbrook
Mayor
8
January 10, 2006