M-10/10/2006 (2)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 10, 2006
A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 6:04
p.m., on Tuesday, October 10, 2006, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Robert T. Holbrook
Mayor Pro Tern Bobby Shriver (arrived at 6:09 p.m.)
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Herb Katz
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 10:51 p.m.)
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 6:04 p.m., with
Councilmember O'Connor and Mayor Pro Tern Shriver absent. Don
Patterson, Assistant to 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 ofthe public Joey Fullmer expressed various concerns.
Motion by Councilmember McKeown, seconded by Councilmember
Holbrook, to approve all items on the Consent Calendar as presented,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
Mayor Pro Tern Shriver
arrived at 6:09 p.m.
AYES:
Councilmembers Bloom, Katz, McKeown, Genser, Mayor
Holbrook
None
Mayor Pro Tern Shriver
Councilmember 0' Connor
NOES:
ABSTAIN:
ABSENT:
1
October 10,2006
MINUTES
PIER CAROUSEL
EVENTS
I-A: The minutes of the August 8, 2006, City Council meeting, were
approved as submitted.
1-B: Special events at the Santa Monica Pier Carousel-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8639 (CCS) with Kid's Play, to promote, book and
supervise special events and filming at the Pier Carousel, was approved.
CATCH BASIN DEVICES l-C: Installation of catch basin trash excluder devices -
recommendation to authorize the City Manager to negotiate and execute
Agreement No. 8640 (CCS) with L.A. County Flood Control District to
allow installation of 141 catch basin trash excluder devices in City-
owned basins, was approved.
PIER REPAIR
AIRPORT NOISE
MONITORING
MEA RESOLUTION
STA RESOLUTION
CLOSED SESSIONS:
I-D: Pier structural rehabilitation and repair project -
recommendation to waive competitive bidding and authorize the City
Manager to negotiate and execute an amendment to existing Contract No.
8621 (CCS) with John S. Meek Company, in the amount of$484,760, to
complete additional work for the project, was approved.
l-E: Airport noise monitoring system upgrades - recommendation
to authorize the City Manager to negotiate and execute a second
amendment to existing Contract No. 8015 (CCS) with BAE Systems, in
the amount of$15,000, for upgrades to the noise monitoring system, was
approved.
I-F: Resolution No. 10170 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES
ASSOCIATION," was adopted.
l-G: Resolution No. 10171 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE SUPERVISORY TEAM
ASSOCIATES," was adopted.
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
October 10,2006
2-B: Conference with Legal Counsel - Existing Litigation: City
adv. Shell Oil Company (arbitration regarding compliance with
settlement agreement in City of Santa Monica v. Shell Oil Co., Case
No.0ICC4331.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation: Ruth
Burke v. City of Santa Monica, Case No. SC 087916.
Motion by Councilmember McKeown. seconded by Councilmember
Bloom, to approve settlement of$55,000 for a trip and fall case. The
motion was approved by the following vote:
AYES:
Councilmembers Genser, McKeown, Katz, Bloom, Mayor
Pro Tern Shriver, Mayor Holbrook
None
Councilmember O'Connor
NOES:
ABSENT:
2-D: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b): three
matters involving real property at 1047 11th Street, 1940-44
Cloverfield Boulevard, and 161 Ocean Park Boulevard.
ACTION:
Heard. No reportable action taken.
2-E: Conference with real property negotiator:
Property: 120 Colorado Avenue
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Felcor Hotel Asset Company
ACTION:
Heard. No reportable action taken.
2-F: Conference with real property negotiator:
Property: 2715 Exposition Bouelvard/1800 Stewart Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Richlar Partnership Lease
ACTION:
Heard. No reportable action taken.
3
October 10, 2006
STUDY SESSION:
ADMINISTRATIVE
PROCEEDINGS:
2-G: Conference with Legal Counsel- Existing Litigation:
Fifth/Arizona Investors. LLC v. City of Santa Monica. LASC Court
Case No. SC083204, Court of Appeals Case No. B185512.
ACTION:
Heard. No reportable action taken.
2-H: Conference with Legal Counsel- Existing Litigation: Roman
Bruno. et al. v. City of Santa Monica, Case No. SC 086 511.
ACTION:
Heard. No reportable action taken.
3-A: Big Blue Bus Facility Expansion Project - Revised Plan.
On order of the Mayor, the information received and filed. Staff was
directed to return with more information.
6-A: Appeal of Planning Commission's denial of development review
and vesting tentative map for proposed 16-unit condominium project
at 1940-44 Cloverfield Blvd. - recommendation to adopt Resolution No.
10172 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA CERTIFYING THE ENVIRONMENT ALIMP ACT REPORT";
adopt Resolution No. 10173 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA MAKING NECESSARY CEQA FINDINGS~
APPROVING A STATEMENT OF OVERRIDING CONSIDERA TIONS~
AND APPROVING A MITIGATION MONITORlNG PROGRAM"; and
approve appeal, development review and vesting tentative tract map, was
presented.
Chris Harding, representing the applicant/appellant, and Steve Torkian,
principal, spoke in support of the project.
Members of the public Joey Fullmer, James Small, Lawrence Primo and
Penny Primo spoke in opposition of the project.
Chris Harding provided a rebuttal to comments made during public
comment.
Discussion ensued on the merits ofthe project, on the appellant/applicant's
presentation, and comments made by member of the public.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to adopt Resolution No. 10172 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the following
vote:
4
October 10, 2006
AYES:
NOES:
ABSENT:
Councilmembers Genser, McKeown, Katz, Bloom, Mayor
Pro Tern Shriver, Mayor Holbrook.
None
Councilmember 0' Connor
Motion by Councilmember Katz. seconded by Mayor Holbrook, to adopt
Resolution 10173 (CCS), reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Genser, Katz, Bloom, Mayor Pro Tern
Shriver, Mayor Holbrook.
Councilmember Mckeown
Councilmember 0' Connor
Councilmember McKeown stated he voted against the motion because of a
desire to leave the Planning Commission with maximum flexibility on this
matter.
Motion by Councilmember Katz. seconded by Councilmember Genser, to
return the project to the Planning Commission to act on the tentative tract
map and development review permit, and specifically to look at the court
yard, location of driveway, and the traffic impact in the surrounding
neighborhood; and then proceed with normal channels to the Architectural
Review Board to look at the design. The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers Genser, McKeown, Katz, Bloom, Mayor
Pro Tern Shriver, Mayor Holbrook.
None
Councilmember 0' Connor
ORDINANCES: 7-A Second reading and adoption of Ordinance No. 2209 (CCS)
PROHIBITION ON CITY entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
EMPLOYEES SERVING ADDING SECTION 2.32.280 TO THE MUNICIPAL CODE TO
ON CITY BOARDS/ PROHIBIT CITY EMPLOYEES FROM SERVING ON LEGISLATIVE
COMMISSIONS BODIES WHOSE MEMBERS ARE ALL APPOINTED BY THE CITY
COUNCIL," was presented.
Motion by Councilmember Genser. seconded by Councilmember Bloom,
to adopt ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
5
October 10, 2006
NO SMOKING AT
OUTDOOR DINING
AREAS, ETC.
TEMPORARY TENANT
RELOCATION
BENEFITS
Councilmember 0 'Connor
arrived at 10:51
AYES:
Councilmembers Genser, McKeown, Katz, Bloom, Mayor
Pro Tem Shriver, Mayor Holbrook.
None
Councilmember 0' Connor
NOES:
ABSENT:
7-B: Introduction and first reading of an ordinance amending
Chapter 4.44 of the Municipal Code to prohibit smoking at all
outdoor dining areas, outdoor service areas, areas within 20 feet of
entrances, exits or open windows of buildings open to the public, the
Third Street Promenade, and Farmers Markets, was presented.
The following members of the public spoke in support of the proposed
ordinance: Jessica Zovar, Alan Zovar, Dian Kiser, Esther Schiller, Jerry
Rubin, Robert Donin, Beth Miller, Neil Carrey, Marlene Gomez, Robert
Berger, Lou Moench, William McCarthy, Pro Se, Nick Bhatt, Jennifer
Sandowsky, Colleen Callahan, Jean Ann Bruster, Sherwood Kingsley,
Aleece Kelly, Marc Strassman, Steven Gallegos, Willow Evans, Jennifer
Conrad, and Aria Khanbarhani.
The following members of the public spoke against the proposed
ordinance: Kelley Wallace, James Jacobson, and Bruce Cameron.
Discussion ensued on the merits of the proposed ordinance, on the
comments made by members of the public and on whether to change the
term "open windows" to "operable windows" or just "windows."
Motion by Councilmember Bloom. seconded by Councilmember Katz, to
introduce ordinance as proposed by staff, reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES:
Councilmembers Genser, McKeown, Katz, Bloom, Mayor
Pro Tern Shriver, Mayor Holbrook.
None
Councilmember 0 'Connor
NOES:
ABSENT:
7-C: Introduction and first reading of an ordinance amending
Sections 4.36.100 and 4.36.120 relating to temporary tenant
relocation benefits, was presented.
Deputy City Attorney Adam Radinsky, after presenting the ordinance,
advised he was recommending the following change to the proposed
ordinance: Delete the sentence in subsection 2 of page 3 that reads,
"Should the temporary housing be more expensive than the tenant's
6
October 10,2006
STAFF ITEMS:
SUSTAINABLE CITY
PLAN
PUBLIC HEARINGS:
Mayor Pro Tem Shriver and
Councilmember Katz were
excused at 10:55 p.m.
existing housing, the landlord shall be responsible for the cost differential
between the rent that the displaced tenant pays for hislher unit and the
cost of the temporary housing," and replace it with the following
sentence, "The landlord shall pay all costs associated with the temporary
housing including rent even ifthe temporary housing is more expensive
than the tenant's existing unit. The tenant shall remain responsible to pay
rent to the landlord for the tenant's existing unit during the period of
displacement."
There was no one present for public comment.
Discussion ensued related to why the need for compensation for meals if
there are cooking facilities available, laundry, and accommodation for
pets. It was the consensus of Council to temporarily table this matter to
allow staff to come up with appropriate language.
8-A: Adoption of Sustainable City Plan - recommendation to adopt
the Sustainable City Plan Implementation Plan; adopt recommendations
to amend the Sustainable City Plan by Task Force on the Environment;
and adopt staff recommendations to amend the plan and update the
indicators and targets, including the adoption of a target for greenhouse
gas emission reductions, was presented.
On order ofthe Mayor, this matter was continued to October 24,2006.
9-A: Public hearing on proposed Street Lighting Assessment
District for 30th Street (between Pico and Pearl), and Georgina
Avenue (between 4th and 7th Sts.) - recommendation to hold a public
hearing regarding the formation of Assessment Districts A and B; close
the public hearing and direct the City Clerk to accept the ballots
submitted, tabulate the vote, and present the results at the November 14,
2006, Council meeting, was presented.
Members of the public Alvin Crown and Ross Saha spoke in opposition
to the assessment district. Members of the public John Carlson and
Aimee Goldberg spoke in support of the proposal. Member of the public
William Henry expressed various concerns.
Motion by Councilmember Genser. seconded by Councilmember Bloom
to approve staff recommendation. The motion was approved by the
following vote:
7
October 10, 2006
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Holbrook
None
Councilmembers Katz, Mayor Pro Tern Shriver
NOES:
ABSENT:
TEMPORARY TENANT
RELOCATION
BENEFITS
(CONTINUED)
7-C: Introduction and first reading of an ordinance amending
Sections 4.36.100 and 4.36.120 relating to temporary tenant
relocation benefits, was presented.
On order of the Mayor, this matter was returned to the table for
consideration.
The City Attorney read into the record the following changes to the
ordinance:
Beginning with the last word on page 2 of the ordinance to read: "The
landlord shall also provide the tenant compensation for (a) meals if the
temporary accommodations lack cooking facilities; (b) laundry; and (c)
accommodations for pets legal under the tenancy if the temporary
accommodation does not accept pets."
Motion by Councilmember Genser. seconded by Councilmember
O'Connor, to introduce the ordinance amended to include the language
just read into the record by the City Attorney, and the language read into
the record by Mr. Radinsky at the beginning of this matter. The motion
was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Holbrook
None
Councilmember Katz, Mayor Pro Tem Shriver
NOES:
ABSENT:
WRITTEN REQUESTS: 12-A: Request of Walt Davis for enforcement of the noise and the
street performers' ordinances as it relates to the amount of space
used, and the level of noise produced, by breakdancers, was
presented.
Member of the public Michael LeRoy expressed concerns related to the
noise enforcement.
Motion by Councilmember Genser. seconded by Councilmember
O'Connor, to direct staff to return with related information. The motion
was unanimously approved by voice vote, with Councilmember Katz and
Mayor Pro Tern Shriver absent.
8
October 10,2006
COUNCIL ITEMS:
FUNDS FOR S.M.
SYMPHONY CONCERT
13-A: Request of Councilmember Bloom that the City report on
progress of review of safety and other measures being considered for
Ocean Park Boulevard in the vicinity of 16th Street, was presented.
Members of the public Zina Josephs and Emmalie Hodgin spoke in
support of the request.
Motion by Councilmember Genser. seconded by Councilmember Bloom".
that the police department provide concentrated enforcement efforts in
the area and direct staff to seek short-term solutions. The motion was
unanimously approved by voice vote, with Councilmember Katz and
Mayor Pro Tern Shriver absent.
13-B: Annual appointments to the following Boards and
Commission:
Board/Commission N 0./ Appts
Term Ending
Bayside District Corp. 1
CVB 1
Comm./Senior Community 2
Arts Commission 1
06/30/2010
06/30/2010
06/30/2010
06/3012010
On order of the Mayor, the Bayside District and Convention & Visitors
Bureau appointments were continued to October 24; and the appointment
to the Senior Community was continued to December 12.
On order ofthe Mayor, the floor was opened for nominations for the Arts
Commission.
Councilmember McKeown nominated Angie Kim. Ms. Kim was
appointed by acclamation with Councilmember Katz and Mayor Pro Tern
Shriver absent.
13-C: Request of Mayor Holbrook that Council consider a request
from the Martin Luther King Jr. Westside Coalition for additional
funds to support a free concert by the Santa Monica Symphony on
Martin Luther King Day, January 15, 2007, presented.
Members of the public Dale Bell, Nat Trives and Clyde Smith spoke in
support of the request.
9
October 10, 2006
Motion by Councilmember Genser. seconded by Mayor Holbrook, to
fund $22,500 with the condition that proponents will work with staff on
clarifying the process and the economics of the project.
Motion to amend by Councilmember Bloom, that the funding be subject
to the Coalition submitting a written budget, a written description for the
use of funds, and what the milestones are in the process. The motion was
accepted as friendly. The motion was unanimously approved by voice
vote, with Councilmember Katz and Mayor Pro Tern Shriver absent.
PUBLIC INPUT:
Member of the public Pro Se expressed various concerns.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:39
a.ill., in memory of Olga Dad.
ATTEST:
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APPROVED:
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Robert T. Holbrook
Mayor
Maria M. Stewart
City Clerk
10
October 10,2006