M-11/23/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 23, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:57
p.m., on Tuesday, November 23,2004, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Pam O'Connor
Absent:
Councilmember Herb Katz
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 5:57 p.m., with
Councilmember Katz absent. Students present in the audience 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.
Motion by Councilmember Holbrook. seconded by Councilmember
O'Connor, to approve all items on the Consent Calendar, reading
resolutions by title only and waiving further reading thereof The motion
was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz.
NOES:
ABSENT:
1
November 23,2004
MINUTES
1750 10TH STREET
2411 4TH STREET
ATTENDANCE
SOFTWARE SYSTEM
I-A: The minutes of the October 12 and October 26,2004, Council
meetings, were approved with a minor correction to the minutes of October
26th.
I-B: Resolution No. 9992 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL SUBDIVISION
TRACT MAP NO. 53853 FOR A FIVE-UNIT CONDOMINIUM
PROJECT AT 1750 lOTI! STREET," was adopted.
l-C: Resolution No. 9993 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL SUBDIVISION
TRACT MAP NO. 26325 FOR A 3-UNIT CONDOMINIUM PROJECT
AT 2411 4TI! STREET," was adopted.
I-D: Employee time and attendance software system-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8417 (CCS) with Kronos, Inc., in the amount of $316,000 to
provide software licenses, related hardware, professional services; and
Contract No. 8434 (CCS) in the amount $45,000 for ongoing maintenance
for the system, was approved.
LOW-FLOW DIVERSION l-E: Resolution No. 9994 (CSS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AUTHORIZING LOS ANGELES
COUNTY FLOOD CONTROL DISTRICT TO CONSTRUCT A
LOW-FLOW DIVERSION IN ASHLAND A VENUE AT NEILSON
WAY," was adopted.
URBAN RUNOFF
COUNCIL MEETING
CANCELLED
POSITIONS AND
SALARY RATES
CLOSED SESSIONS:
I-F: Urban Runoff Management Plan - recommendation to authorize
the City Manager to negotiate and execute an amendment to Agreement No.
8164 (CCS) with Brown and Caldwell, in the amount of $50,000, for
additional services related to the Urban Runoff Management Plan, was
approved.
I-G,: Recommendation to cancel the December 28, 2004, City Council
Meeting, was approved.
I-H: Resolution No. 9995 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA ESTABLISHING VARIOUS NEW
POSITION CLASSIFICATIONS AND SALARY RATES," was adopted.
Member of the public Robert Crockett, representing Playa Capital
Company, commented on Item 2-E and asserted a violation of the Brown
2
November 23,2004
Act was committed by the City Council on September 28,2004, when
Council approved initiating litigation challenging the Playa Vista Project.
2-A: Conference with Legal Counsel- Existing Litigation: Naidoo v.
City of Santa Monica, Case No. CV 03-6165 ABC.
The City Attorney reported this case was not heard.
2-B: Conference with Legal Counsel- Existing Litigation: Abraham
Supino v. City of Santa Monica, Case No. SC 080 283, and related
cases.
The City Attorney reported this case was heard. No reportable action was
taken.
2-C: Conference with Legal Counsel- Existing Litigation: Action
Apartment Association. Inc.. v. City of Santa Monica, Case No. BC
165-082.
The City Attorney reported this case was not heard.
2-D: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. P.C., Case No. BC 315 186.
The City Attorney reported this case was not heard.
2-E: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Playa Vista, Case No. BC 093-502.
The City Attorney reported this case was heard. No reportable action was
taken.
2-F: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Three.
The City Attorney reported that one anticipated litigation case was heard.
No reportable action taken.
2-G: Conference with Legal Counsel- Existing Litigation: Russell
Barnard v. City of Santa Monica, Case No. BC 281367.
The City Attorney reported that Council had approved a partial settlement,
by payment to Mr. Barnard of $246, 135. 13, as reimbursement of fees he
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November 23,2004
SPECIAL ITEMS:
ADMINISTRATIVE
PROCEEDINGS:
GOTHAM HALL -
1429-1431 3RD STREET
PROMENADE
paid to the City, in exchange for the dismissal of his fifth cause of action for
accounts stated in his case pending against the City.
2-H: Conference with Legal Counsel- Existing Litigation: Claim of
Raymond Parr, Claim No. 04-8409.
The City Attorney reported that Council had approved a settlement for this
claim in the amount of$17,920.09.
4-A: Recognition of the six student winners of the PEAK Flex your
Power NOW! Poster Contest for displaying leadership in spreading the
message about smart energy, was expressed by the Mayor and City
Councilmembers.
6-A: Appeal of Planning Commission's detennination approving a
conditional use permit that expands nightclub and restaurant service in
an area of Gotham Hall, at 1429-1431 3rd Street Promenade, and is
currently used as a poolroom - recommendation to deny the appeal and
uphold the Planning Commission's approval of Conditional Use Permit 04-
005 based on the proposed findings and conditions, but modify Alcohol
Outlet Condition 12 to allow up to 602 occupancy. Applicant/Appellant:
Renee and Albert Mizrahi.
Renee Mizrahi, applicant/appellant, spoke in support of the appeal.
Member of the public Joey Fullmer expressed her views on the matter.
Member of the public Jerry Rubin spoke in support of the appeal.
Motion by Councilmember Genser. seconded by Councilmember O'Connor,
to deny appeal, and amend Condition 2 on page 10, to read: "The conditions
of this approval shall supercede all previous approvals on this property,
including CUP Nos.(as listed), except for any entitlements or conditions
imposed by the Accessibility Appeals Board." The motion was approved by
the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
Motion by Mayor Bloom. seconded by Councilmember Feinstein, to direct
staff to look at what comprehensive information should be provided on an
appeal form so the information is useful and facilitates the process for
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November 23, 2004
ORDINANCES:
STREET PERFORMERS,
VENDING
LmRARIES AND
MEETING FACILITIES
RECESS
applicants, appellants, staff and City Council. The motion was unanimously
approved by voice vote, with Councilmember Katz absent.
7-A: Second reading and adoption of Ordinance No. 2145 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE
RELATING TO STREET PERFORMANCE, VENDING ON THE THIRD
STREET PROMENADE, THE TRANSIT MALL, AND THE PIER,
PERMITS, PERFORMANCE HOURS, ALLOCATION OF PIER
PERFORMANCE SPACES, NOISE, VENDOR ROTATION,
PENALTIES, INSTALLATION AND ERECTION OF OBJECTS ON
THE PROMENADE, TRANSIT MALL AND PIER, AND PLACEMENT
OF PROPERTY OR MATERIALS ON SInEW ALKS, STREETS, AND
OTHER PUBLIC PROPERTY," was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, to adopt the ordinance, reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
7-B: Second reading and adoption of Ordinance No. 2146 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTION 1.08.030 REGARDING
RULES FOR CITY LffiRARIES AND MEETING FACILITIES," was
presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser.
to adopt the ordinance, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
On order of the Mayor, the City Council recessed at 8:55 p.m., to a special
meeting of the Redevelopment Agency and reconvened at 9:03 p.m., to a
special joint meeting with the Redevelopment Agency, with Councilmember
Katz absent.
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November 23,2004
STAFF ITEMS:
YEAR-END BUDGET
REPORT
ADJOURNMENT
RESOLUTIONS:
PREFERENTIAL
PARKING ZONE WW
SPECIAL JOINT MEETING WITH THE HOUSING AUTHORITY ~
THE REDEVELOPMENT AGENCY AND THE PARKING
AUTHORITY:
8-C: Adoption of Fiscal Year 2003-04 Year-End Budget Changes-
recommendation that the City Council, the Housing Authority, the
Redevelopment Agency and the Parking Authority approve the proposed
budget changes, 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 O'Connor, Holbrook, Genser, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
On order of the Mayor, the special joint meeting was adjourned at 9:08
p.m., and the regular City Council meeting reconvened with Councilmember
Katz absent.
II-A: Adoption of resolution amending Preferential Parking Zone
WW - recommendation to adopt Resolution No. 9996 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA AMENDING
PREFERENTIAL PARKING ZONE WW AND REMOVE THE
CURRENT OVERNIGHT PREFERENTIAL PARKING RESTRICTIONS
FROM THE 2200-2300 BLOCK OF 27TH STREET BETWEEN PICO
BOULEVARD AND PEARL STREET," was presented.
Member of the public Donna Lee spoke in opposition to the
recommendation.
Motion by Councilmember Genser. seconded by Councilmember O'Connor,
to adopt the resolution reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Bloom
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November 23,2004
ROLLERBLADESAND
ROLLERSKATES ON
THE PROMENADE
WRITTEN REOUESTS:
WAIVER OF FEES
COUNCIL ITEMS:
APPOINTMENTS
NOES:
ABSENT:
None
Councilmember Katz
Il-B: Resolution to allow the use of rollerblades and roller skates on
the Third Street Promenade, was presented.
Members of the public Betty Mueller, Barry Seid, Millie Rosenstein, and
Rose Kauffinan spoke in opposition to adoption of the resolution.
Member of the public Jerry Rubin spoke in support of adoption of the
resolution.
Motion by Councilmember O'Connor. seconded by Councilmember
Feinstein, to adopt resolution for a one-year trial period. The motion failed
by the following vote:
AYES:
NOES:
Councilmembers O'Connor, Feinstein
Councilmembers Holbrook, Genser, Mayor Pro Tern
McKeown, Mayor Bloom
Councilmember Katz
ABSENT:
12-A: Request of Andrew DutTParker, from Upward Bound House,
requesting a waiver for an encroachment fee for an alleyway bordered
by Washington, California, 11th and 12th Streets to reinstall
underground conduit, as requested by the City, was presented.
Discussion ensued on Mr. Parker's request. Staff answered questions and
provided information to Councilmembers.
Motion by Councilmember Feinstein. seconded by Mayor Bloom, to
continue this matter to a future meeting to allow Mr. Parker to consider
other options discussed. The motion was unanimously approved by voice
vote, with Councilmember Katz absent.
13-A: Annual and special vacancy appointments to the following
boards and commissions: (Continued from November 9,2004.)
Commission for the Senior Community - one special vacancy for a term
ending June 30,2007.
Personnel Board - one special vacancy for a term ending June 30,2006.
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November 23,2004
PLAYA VISTA
INTERNA TIONAL
SOLAR CITIES
CONGRESS
Pier Restoration Corporation - one annual vacancy for a term ending
November 11, 2008; one special vacancy for a term ending November 8,2005.
13-B: Request of Mayor Bloom to consider Brown Act complaint
made by Playa Vista's attorneys that the public had not had an
opportunity to comment on the City's lawsuit against Los Angeles
challenging the approval of the development of Playa Vista Phase IT,
hear any possible testimony on the lawsuit, and affirm or reconsider
the decision to proceed with that suit, was presented.
Members of the public Sabrina Venskus, Kathy Knight, and Jerry Rubin
spoke in support of the lawsuit and against the Brown Act complaint.
City Attorney Marsha Moutrie commented on the communications received
regarding the alleged Brown Act violation, discussed the Brown Act
requirements, and concluded by advising the City Council that it was her
belief that the City Council fulfilled all the provisions of the Brown Act and
that, had there been a violation, the Mayor's item provided a cure.
On order of the Mayor, the information was received and filed. No formal
action was taken.
Before moving to the next matter, the Mayor noted that he had a request to
speak on Item 13-D from Mr. Robert Crockett (who spoke earlier on Item
2-E), and thought that Mr. Crockett meant to speak to this Item 13-B, and
that the 13-D notation was an error. The Mayor then invited Mr. Crockett
to speak on this Item 13-B before moving on to the next item. Mr. Crockett
declined the invitation to speak.
13-C: Request of Councilmember O'Connor that Council adopt a
DAEGU Declaration from the first International Solar Cities Congress
committing to work with other cities on promoting the use of
renewable (solar) energy sources, and to direct stafT to inform other
cities in our region and encourage their participation, was presented.
There was no one present for public comment.
Motion by Councilmember O'Connor. seconded by Councilmember
Feinstein, to approve the request. The motion was unanimously approved
by voice vote, with Councilmember Katz absent.
8
November 23, 2004
PUBLIC INPUT:
ADJOURNMENT:
Members of the publiC Pro Se and Kathy Knight commented on various
Issues.
On order of the Mayor, the City Council meeting was adjourned at 10:34
p.m., in memory of Cheri Hill.
ATTEST:
~ ~ -~c.k
Maria M. Stewart
City Clerk
APPROVED:
~~
Mayor
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November 23,2004