M-11/9/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 9, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:55
p.m., on Tuesday, November 9,2004, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein (arrived at 6: 10 p.m.)
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Herb Katz
Councilmember Pam O'Connor (arrived at 6:30 p.m.)
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 5:55 p.m., with
Councilmembers O'Connor and Feinstein absent. City Clerk Maria M.
Stewart 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. Member of
the public Jerry Rubin commented on Item I-F.
At the request of Council member Genser, Item I-B was removed from the
Consent Calendar.
Motion by Councilmember Holbrook. seconded by Mayor Pro Tern
McKeown, to approve all items on the Consent Calendar as presented
except Item I-B, reading resolutions and ordinances by title only and
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November 9,2004
MINUTES
HOMELESS SERVICES
URBAN RUN-OFF
POLLUTION
URBAN RUN-OFF
TREATMENT
REMEDIATION
SERVICES
FLEX YOUR POWER
NOW ALERT SYSTEM
waiving further reading thereof The motion was approved by the following
vote:
AYES:
Councilmembers Katz, Genser, Holbrook, Mayor Pro T em
McKeown, Mayor Bloom
None
Councilmembers Feinstein, O'Connor
NOES:
ABSENT:
I-A: The minutes of the September 28,2004, City Council meeting,
were approved as submitted.
l-C: Computer support for Santa Monica Homeless Services
Network - recommendation to authorize the City Manager to negotiate and
execute Contract No. 8407 (CCS) with Chris Fonner, in the amount of
$66,000, for computer support services for the Santa Monica Homeless
Services Network, was approved.
I-D: Reduction of urban run-ofT pollution - recommendation to
authorize the City Manager to negotiate and execute Agreement No. 8408
(CCS) with Los Angeles County Flood Control District to operate and
maintain catch basin excluder devices to reduce urban runoff pollution, was
approved.
l-E: Installation of Centinela urban run-ofT treatment system -
recommendation to authorize the City Manager to negotiate and execute
Agreement No. 8409 (CCS) with the City of Los Angeles, to install the
Centinela urban runoff treatment system at Mar Vista Park and to advance
the City of Los Angeles funds in an amount not to exceed $180,000, for
installation of an urban runoff diversion pipeline at the park, was approved.
I-F: Environmental assessment and remediation activities at various
City locations - recommendation to authorize the City Manager to
negotiate and execute Contract Nos. 8411 (CCS), 8412 (CCS), and 8413
(CCS), with ICF Consulting, in the amounts of$804,516, $1,273,977, and
$157,228, for projects at the City Yards, the Big Blue Bus Yard, and the
Municipal Airport, respectively, was approved.
I-G: Resolution No. 9990 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY TO SUPPORT
THE COMMUNITY ENERGY PARTNERSHIP'S IMPLEMENTATION
OF "THE FLEX YOUR POWER NOW ALERT SYSTEM," was adopted.
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November 9, 2004
SETTIMO, TORINESE,
ITALY
TRUCK TRACTORS
CLOSED SESSIONS:
Counci/member Feinstein
arrived at 6: lOp. m.
Counci/member 0 'Connor
arrived at 6: 30 p.m.
I-H: Resolution No. 9991 (CCS) entitled: "A RESOLUTION OF 'THE
CITY OF SANTA MONICA AUTHORIZING THE CITY TO SUPPORT
AN ENERGY INNOVATIONS PARTNERSHIP AND A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND
SETTIMO, TORINESE, ITALY," was adopted.
I-B: Purchase of two truck tractors for Solid Waste Management-
recommendation to award Bid No. 2878 to Boerner Truck Center, in the
amount of $224,030.35, to furnish and deliver two truck tractors for Solid
Waste Management Division, Environmental & Public Works Management
Department, was presented.
Councilmember Genser explained that he removed this item from the
Consent Calendar to ask why the purchase could not be delayed until the
matter of the City's Disposal Facility (Transfer Station) is decided. Staff
responded to questions from Council related to the timing for discussions
and action on the City's Disposal Facility, and provided additional
information related to maintenance of the City's tractors and to the purchase
of the new truck tractors.
Motion by Councilmember Holbrook. seconded by Councilmember Genser,
to approve staff recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers Holbrook, Genser, Katz, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Feinstein, O'Connor
NOES:
ABSENT:
On order of the Mayor, the City Council recessed to consider Closed
sessions at 6: 10 p.m., and reconvened at 7:30 p.m. with all members present
to report the following action taken:
2-A: Conference with Labor Negotiator.
City Negotiator: Karen Bancroft, DireCtor of Human Resources
Bargaining Unit: Santa Monica Firefighters Local 1109 (SMFFA)
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Anticipated Litigation.
NUdlber of cases: Five.
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November 9,2004
Motion by Councilmember O'Connor. seconded by Councilmember
Feinstein, to approve Settlement Agreement No. 8416 (CCS) with the
County of Los Angeles related to the County Courthouse property and the
building of the City's parking garage as follows:
City and County will agree that proposed parking structure can be built; the
County will suspend existing covenant which extends 76 feet beyond
County property into proposed parking garage area; the County and the
City agree to not sue each other throughout the term of the agreement over
anything related to the covenant; City and County agree that City will meet
and confer with County if City proposes to make any other use of the
parking garage; County will meet with City to discuss any proposed
changes with the County Courthouse property; City agrees to pay County
$340,000 for proposed parking changes to its judges' parking area; City
will extend current parking agreement with the County for use of Civic
Center parking area to allow County its use for the lesser of five years, or
one year after the State takes over the property; and authorize the City
Manager to negotiate and execute the agreement and any other necessary
documents. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
Councilmember Katz
None
NOES:
ABSENT:
2-C: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd~ P.C., Case No. BC 315 186.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: Russell
Barnard v. City of Santa Monica~ Case No. BC 281367.
ACTION:
Not heard.
2-E: Conference with Legal Counsel- Existing Litigation: Action
Apartment Association. Inc.. v. City of Santa Monica, Case No. BC
165 082.
ACTION:
Not heard.
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November 9,2004
ORDINANCES:
STREET PERFORMERS
2-F: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Maria Stewart. Case No. SC 067 033.
ACTION:
Not heard.
7-A: Introduction and first reading of an ordinance amending
various sections of the Santa Monica Municipal Code Relating to
Street Performance and the placement of property or materials on
sidewalks and streets; report on uses of The Promenade, Transit Mall,
Pier and adjacent spaces for expressive and other purposes and for the
display and placement of objects; discussion of permits being issued
for sampling and other events by BDC and PRC staff, use of public
spaces for displays, performance for pay only and use of wheels on the
Transit Mall and Arizona Avenue, was presented.
The following members of the public expressed various concerns and made
suggestions for modifications or changes: Gary Gross, Paul Dale, Tim
Dillenbeck, Michael LeRoy, Joe Natoli, Marie Fink, Ben Franz-Knight,
Peggy Lee Kennedy, Ellen Brennan, Clay Pruitt, Luke Chanthadara, Ned
Landin, Vincent Garofalo, Stephen Bradford, Jane, Alula Y ohanes Tzadik,
John Foster, Joe Shashaty, Stewart LamIe, Jerry Rubin, Walt Davis, Reina
Alvarez, and James Wells.
Motion by Councilmember Genser. seconded by Councilmember Katz, to
introduce and hold first reading of the ordinance, subject to amendments
after Council discussion.
Motion by Councilmember Feinstein that the change of hours proposed is to
be year-round. The amendment was accepted as friendly.
Motion to amend by Councilmember Feinstein.. seconded by
Councilmember Katz, to not allow the rotation exception to heartland
vendors. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Holbrook, Mayor Pro Tern
McKeown,
Councilmembers Genser, O'Connor, Mayor Bloom
None
NOES:
ABSENT:
Councilmember Genser stated, for the record, that he voted in opposition
because its inviting litigation that the City does not need to engage.
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November 9,2004
The City Attorney recommended the following changes to the ordinance:
On page 27 of ordinance, under Section 8 add the word "placed" as
follows, "unless such objects are placed, installed. .". Under Section 10,
on page 29 first paragraph, add "or City contract as follows, "except as
otherwise permitted by Code or City contract no person shall . . ."
The maker and the seconder included the recommended changes in the
motion. The main motion, as amended, was approved by the following
vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
Motion by Mayor Pro Tern McKeown. seconded by Councilrnember
Genser, to direct staff to prepare language to recognize and clarifY the Pier
Restoration Corporation's and the Bayside District's power to issue permits
and charge fees for events falling beneath the community events threshold,
and for the proposed change of the voucher system on the Pier. The
motion was unanimously approved by voice vote with all members present.
Motion by Councilrnember Genser. seconded by Councilrnember Katz, to
direct staff to investigate options for reviewing distinction between vending
and performance. The motion was unanimously approved by voice vote
with all members present.
Motion by Councilmember Genser. seconded by Mayor Bloom, to direct
staff to return with proper instrument to eliminate spaces at the west end of
the Pier to establish a "quiet zone."
Councilmember Katz suggested that instead of eliminating the space, to
establish one that controls the type of entertainment so that it is not too
loud. The maker and seconder accepted this as a friendly addition to the
motion.
Substitute motion by Councilmember Feinstein.. seconded by Mayor Pro
Tern McKeoYill, to ask the Pier Restoration Corporation to hold a meeting
for discussion on the matter and make recommendations to Council. The
motion failed by voice vote, with Councilmembers O'Connor, Holbrook,
Genser, Katz, and Mayor Bloom voting in opposition.
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November 9,2004
The vote on Councilmember Genser's main motion was approved by the
following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz, Mayor
Bloom
Councilmember Feinstein, Mayor Pro Tern McKeown
None
NOES:
ABSENT:
Motion by Councilmember Feinstein. seconded by Mayor Pro Tern
McKeown, that as to the issue of "sampling activities" as outlined on page
12 of the staff report, to direct staff to return with a summary of issues
including current practice and recommendations, including how the Bayside
might regulate and charge for use of public space.
Motion by Councilmember O'Connor. seconded by Councilmember Katz,
to allow wheelchairs, strollers, and in-line skates on sidewalks and prohibit
bicycles and skateboards on sidewalks. The motion was approved by voice
vote with Councilmember Genser and Mayor Bloom voting in opposition.
Motion by Councilmember O'Connor. seconded by Councilmember
Feinstein, that a resolution allowing wheelchairs, strollers, and in-line skates
return to Council at the next meeting, November 23, to allow time for
analysis. The motion was approved by voice vote with Councilmember
Genser and Mayor Bloom voting in opposition.
Motion by Councilmember Genser. seconded by Mayor Bloom, to direct
staff to notice the above matter to the Senior Center, the Commission on
the Senior Community, and all interested groups and stakeholders. The
motion was unanimously approved by voice vote, with all members present.
CITY LffiRARY RULES 7-B: Introduction and first reading of an ordinance amending
Municipal Code Section 1.08.030 regarding rules for City libraries and
meeting facilities, was presented.
Motion by Councilmember Holbrook.. seconded by Councilmember
O'Connor, to introduce the ordinance, reading by title only and waiving
further reading thereof 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:
7
November 9,2004
STAFF ITEMS: 8-A: East/West Corridor Task Force recommendations -
EAST/WEST CORRIDOR recommendation that the City Council conceptually approve the East-West
TASK FORCE Commercial Corridor Parking Task Force recommendations to improve
parking opportunities along Wilshire Boulevard, Santa Monica Boulevard,
Pico Boulevard, Montana Avenue, and Ocean Park Boulevard; and
authorize staff to proceed with the next steps toward implementation, was
presented.
Members of the public Joey Fullmer and Chuck Allord expressed their
VIews.
Motion by Councilmember Genser. seconded by Councilmember Feinstein,
to approve staff recommendation, amended to direct staff to return with a
re-painting and re-posting plan.
Motion to amend by Councilmember Feinstein, to direct staff to conduct
outreach to residents and neighbors when considering angled parking in
adjacent commercial portion of residential streets; that when considering
development in streets and parking capacity, to leave the door open to
forms of cooperative financing for possible parking structures in Lots 8, 7,
and 12 along Wilshire; and to contact the College and School Districts
representatives and ask them to rethink parking on Madison in conjunction
with a potential parking assessment district. The motion was accepted as
friendly.
The main motion, as amended, was unanimously approved by voice vote,
with all members present.
BOARDS AND
COMMISSIONS:
DISABaITIES
COMMISSION
to-A: Request of Disabilities Commission to declare a Commissioner's
seat vacant due to absenteeism and lack of communication from the
incumbent, was presented.
Counci/member 0 'Connor
was excused at 11:30 p.m.
Motion by Councilmember Genser. seconded by Councilmember Katz, to
remove the Commissioner and declare the seat vacant. The motion was
approved by the following vote:
AYES:
Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT:
8
November 9,2004
COMMUNICATIONS:
ADOPTION OF
MILITARY UNIT
Council member Katz was
excused at 11:35 p.m.
PUBLIC SAFETY - PICO
NEIGHBORHOOD
UNIVERSAL
PRESCHOOL
Counci/member Feinstein
was excused at 12:55 a.m.
COUNCIL ITEMS:
APPOINTMENTS
12-A: 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.
Ms. Wilson not being present, on order of the Mayor, the information was
received and filed.
12-B: Request of Griselda de la Torre-Garces that Council schedule a
public hearing in January 2005 to discuss public safety in the Pico
Neighborhood relative to the September 28, 2004, shooting behind the
Edison Language Academy, was presented.
Members ofthe public Lisa Balfus, Gina Oster, Ana M. Jara, Ana G. Jara,
Jill Boberg, and Jerry Rubin spoke in support of the request.
Motion by Mayor Pro Tern McKeown, to direct that staff to first and
foremost get the Police Chief out in the community. The motion died for
lack of a second.
Motion by Councilmember Genser. seconded by Mayor Pro Tern
McKeown, to have the Police Department increase dialogue in the
community and to direct staff to return on December 14th with a roadmap
on the process towards having meaningful community discussion on
improving the City's community policing efforts and towards building trust
between the City and the community. The motion was unanimously
approved by voice vote, with Councilmembers O'Connor and Katz absent.
12-C: Request of Melissa Lawton, Public Counsel Law Center, that
Council adopt a resolution in support of universal preschool, was
presented.
Motion by Councilmember GenseL seconded by Mayor Bloom, to approve
request and to direct staff to return with a resolution for adoption. The
motion was unanimously approved by voice vote with Councilmembers
O'Connor, Katz, and Feinstein absent.
13-A: Annual and special vacancy appointments to the following
boards and commissions: (Continued from October 26,2004.)
Commission for the Senior Community - one special vacancy for a term ending
June 30, 2007.
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November 9,2004
PUBLIC INPUT:
ADJOURNMENT:
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; one special vacancy for a term ending November 8, 2005.
On order of the Mayor, appointments to boards and commissions were
continued to November 23,2004.
13-B: Request of Councilmember Holbrook that the new transient
occupancy tax rate not apply to pre-existing group stay contracts, was
presented.
Motion by Councilmember Holbrook. seconded by Councilmember Genser,
to direct staff to explore options available. The motion was unanimously
approved by voice vote with Councilmembers O'Connor, Katz, and Feinstein
absent.
Member of the public Brian Hutchings expressed his views and concerns.
On order of the Mayor, the City Council meeting was adjourned at 1 :00 a.m.,
in memory of Helen Cohen.
ATTEST:
. .7/}taua 7?7Attt.{l?l1f;
Maria M. Stewart ~)
City Clerk
r70~
~ Bloom
Mayor
10
November 9,2004