M-12/14/2004 (2)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 14, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5: 59
p.m., on Tuesday, December 14,2004, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Bobby Shriver
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
CONVENEIPLEDGE
On order of the Mayor, the City Council convened at 5:59 p.m., with all
members present. City Manager Susan McCarthy led the assemblage in the
Pledge of Allegiance.
ELECTION OF MAYOR The Mayor announced that at this point in the meeting he was adjourning
AND MAYOR PRO TEM: the current City Council as constituted and turned the meeting over to City
Clerk Maria Stewart.
Member of the public Jerry Rubin spoke in favor of splitting the two-year
Mayor term between Councilmember McKeown and Councilmember Katz.
4-A: Election of Mayor for the ensuing two years, was presented.
The City Clerk opened the floor for the election of Mayor for the ensuing
two years.
Councilmember Bloom nominated Councilmember Genser as Mayor for a
two-year term and Councilmember McKeown as Mayor Pro Tern for a two-
year term.
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Councilmember Shriver nominated Councilmember O'Connor as Mayor for
the first year and Councilmember Katz as Mayor Pro Tern for the first year,
and Councilmember Holbrook as Mayor for the second year and
CounciImember Shriver as Mayor Pro Tern for the second year.
There being no other nominations, Councilmember Shriver's nomination
was approved by the following vote:
Councilmember Bloom's motion: Councilrnember McKeown,
Councilmember Genser,
Councilmember Bloom
Councilmember Shriver's motion: Councilmember Shriver,
Councilmember Katz,
Councilmember Holbrook,
Councilmember O'Connor
Upon the result of the vote, Mayor O'Connor assumed the Chair.
4-B: Election of Mayor Pro Tern for the ensuing two yean.
Action on this matter was taken under Item 4-A.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Jerry Rubin, Allen Frankel, Freida Dubin, Clifford
Stern, Gary Schultz, Gene Burke, Mark Gold, Tim Collins, and Marissa
Rubin expressed concerns regarding the fluoridation project listed under
Item I-G.
Members of the public Louise Jaffe and Paul Rosenstein spoke in support of
Item I-G.
Members of the public Denny Zane and Patricia Hoffman spoke in support
of continuing Item 1-1.
At the request of Mayor Pro Tern Katz, Item I-J was removed from the
Consent Calendar. At the request of Councilmember Genser, Item I-G was
removed from the Consent Calendar. At the request of Mayor O'Connor,
Item l-C was removed from the Consent Calendar. At the request of staff,
Item I-H was withdrawn from the Consent Calendar.
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December 14, 2004
Motion by Mayor Pro Tern Katz. seconded by Councilmember McKeown,
to approve aU items on the Consent Calendar as presented, reading
resolutions and ordinances by title only and waiving further reading thereof,
except Items I-C, I-G, I-H and I-I. The motion was approved by the
following vote:
MINUTES
I-A: The minutes of the November 9,2004, City Council meeting, were
approved as submitted.
SHORT RANGE
TRANSIT PLAN
I-B: Short Range Transit Plan - recommendation to authorize the City
Manager to file the Plan with the L. A. County Metropolitan Transportation
Authority, and to file applications and execute grant documents for funds
made available, was approved.
1528 PRINCETON
I-D: Resolution No. 10009 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO.
54033 FOR AN 8-UNIT CONDOMINIUM PROJECT AT 1528
PRINCETON STREET," was adopted.
1717 4TH STREET - LEASE I-E: Lease of office space at 1717 4th Street - recommendation to
authorize the City Manager to negotiate and execute a third amendment to
existing Lease Agreement No. 5473 (CCS) with Santa Monica HSR Limited
Partnership for lease of space for the City's finance Department, was
approved.
CONSULTANT
SERVICES
I-F: Plan check and inspection consultant services - recommendation
to authorize the City Manager to negotiate and execute Contract No. 8430
(CCS) with California Code Check, in the amount of $200,000, for
construction plan review and inspection services~ execute Contract No. 8431
(CCS) with Scott Fazekas & Associates, in the amount of $100,000, for
construction plan review services~ an amendment to Contract No. 7742
(CCS) with Bing Yen & Associates, in the amount of$120,000, for
geotechnical and engineering geology services~ and an amendment to
Contract No. 8155 (CCS) with JAS Pacific Corporation, in the amount of
$113,000, for inspection and field review services, was approved.
OLD POLICE BLDG.
I-H: Demolition of old police building and construction of temporary
courtyard - recommendation to activate Phase II of Design-Build Contract
Number 8306 (CCS) with SKS Construction, Inc. and approve a
Guaranteed Maximum Price in the amount of$2,250,000, for the demolition
of the vacant former Police Building and construction of an interim
courtyard at the rear of City Hall.
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December 14, 2004
BENEFITS -
CONSULTING
CVB FUNDING
MILLS ACT
AGREEMENTS
Council member 0 'Connor
was excused at 6:44 p.m.
This Item was withdrawn at the request of staff
1-1: Employee Benefits consulting services - recommendation to
authorize the City Manager to negotiate and execute an amendment to
existing Contract No. 7495 (CCS) with AON Consulting, in the amount of
$50,000 per year, to fiscal year 2004-2006, was approved.
1-K: Convention and Visitors Bureau funding - recommendation to
authorize the City Manager to negotiate and execute an amendment to
existing Agreement No. 4581 (CCS) with the Convention and Visitors
Bureau, and appropriate $500,000 set aside to promote Santa Monica as a
destination and to assist visitors to the City, was approved.
I-C: Mills Act Historical Property Agreements between the City and
various owners of properties designated as City landmarks -
recommendation to adopt eleven resolutions for eleven properties and
authorize the City Manager to execute Historical Property Preservation
Agreements with each of the property owners, was presented.
Mayor O'Connor excused herself from participating in this matter due to a
conflict of interest. Mayor Pro Tern Katz assumed the Chair.
Motion by Councilmember McKeown. seconded by Councilmember Bloom,
to approve staff recommendation, adopt resolutions and approve contracts
as follows: Resolution No. 9998 (CCS) and Contract No. 8419 (CCS) (140
Hollister Ave., #1); Resolution No. 9999 (CCS) and Contract No. 8420
(CCS) (140 Hollister Ave., #2); Resolution No. 10000 (CCS) and Contract
No. 8421 (CCS) (140 Hollister Ave., #3); Resolution No. 10001 (CCS) and
Contract No. 8422 (CCS) (140 Hollister Ave., #4); Resolution No. 10002
(CCS) and Contract No. 8423 (CCS) (2034 La Mesa Dr.); Resolution No.
10003 (CCS) and Contract No. 8424 (CCS) (147 Georgina Ave.);
Resolution No. 10004 (CCS) and Contract No. 8425 (CCS) (2511 Beverly
Ave.); Resolution No. 10005 (CCS) and Contract No. 8426 (CCS) (2402 4th
St., #4); Resolution No. 10006 (CCS) and Contract No. 8427 (CCS) (2621
2nd St.); Resolution No. 10007 (CCS) and Contract No. 8428 (CCS) (822
3rd St.); and Resolution No. 10008 (CCS) and Contract No. 8429 (CCS)
(406 Adelaide Dr.). The motion was approved as follows:
AYES:
Councilmembers Shriver, McKeown, Genser, Holbrook,
Bloom, Mayor Pro Tern Katz
None
Councilmember O'Connor
NOES:
ABSENT:
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December 14, 2004
CJ
FLUORIDATION -
REJECTION OF BIDS
Mayor 0 'Cormor returned
at 6:46 p.m.
SCHOOL DISTRICT -
AGREEMENT
Counci/member McKeown
was excused at 6:47p.m.
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I-G: Rejection of bids for construction of the Fluoridation Projed -
recommendation to reject all bids received for the project, waive formal
bidding procedures, and authorize the City Manager to negotiate a contract
on the open market to construct the water fluoridation project, was
presented, was presented.
Councilmember Genser requested information on the impact ifbids are not
rejected and on allocation of funds. Staff advised that the best bid would be
approved and that staff would return with a funding plan.
Motion by Mayor Pro Tern Katz. seconded by Councilmember Bloom, to
approve staff recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers Shriver, McKeown, Genser, Holbrook,
Bloom, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
1-1: Agreement with Unified School District for community use
programs - recommendation to authorize the City Manager to negotiate
and execute a Master Agreement and sub agreements with the Santa
Monica-Malibu Unified School District that provide for community use of
District property, was presented.
Councilmember McKeown stated that due to his employment with the
School District and wanting to avoid an appearance of conflict of interest,
he was recusing himself from this matter.
Motion by Councilmember Genser to continue this matter until the next
Council meeting. The motion died for lack of a second.
Motion by Mayor Pro Tern Katz. seconded by Counci1member Shriver, to
continue to negotiate, but before final document is ratified, it be returned to
Council for public review and comment.
Substitute motion by Councilmember Bloom, to allow staff the opportunity
to execute the agreement but before the execution, share the agreement with
the City Council and the School District. The substitute motion died for
lack of a second.
Motion to amend by Councilmember Genser that once the City Manager and
the Superintendent of Schools have mutually agreed on a draft, the draft will
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December 14, 2004
become public and staff will place it on the next convenient agenda for a
hearing and Council's direction; and that this process is being followed
because this is a contract between two public entities that arose due to a
great deal of community concern. The maker and the seconder of the
original motion accepted this amendment as friendly. The motion was
unanimously approved by voice vote, with Councilmember McKeown
absent.
SPECIAL JOINT
MEETING:
ANNUAL REPORT
On order of the Mayor, the City Council recessed the regular Council
meeting at 6:55 p.m., to ajoint meeting with the Redevelopment Agency
with all members present.
Counci/member McKeown
returned at 6:55 p.m.
JOINT MEETING WITH THE REDEVELOPMENT AGENCY:
l-L: Annual Report for Fiscal Year 2003-2004 for the
Redevelopment Agency - recommendation that the City Council receive
and file information and that the Redevelopment Agency direct the
Executive Director to transmit the report to the Controller of the State of
California, was presented.
Members of the public Joey Fullmer and Jerry Rubin commented on the
proposed Annual Report.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Katz,
to approve staff recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers Shriver, McKeown, Genser, Holbrook,
Bloom, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
ADJOURNMENT OF On order of the Mayor, the special joint meeting was adjourned at 7:00
SPECIAL JOINT MEETING p.m., and the regular City Council meeting was reconvened, with all
members present.
CLOSED SESSIONS:
On order of the Mayor, the City Council recessed at 7:05 p.m. to consider
closed sessions and reconvened at 7:55 p.m., to report the following:
2-A: Conference with Legal Counsel- Existing Litigation:
Fifth/Arizona Investors. LLC v. City of Santa Monica. Case No. SC
083 204.
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December 14, 2004
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This matter was heard and there was no reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Amalia
Hernandez v. City of Santa Monica, Case No. SC 078 840.
Motion bv Mayor O'Connor. seconded by Mayor Pro Tern Katz, to approve
settlement in the amount of$500,000. The motion was approved bytb.e
following vote:
AYES:
Councilmembers Shriver, Katz, Genser, Holbrook, Bloom,
Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
2-C: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. City of Los Angeles, Case No. BS 093 791.
This matter was heard and there was no reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: Abraham
Supino v. City of Santa Monica, Case No. SC 080 283 and related
cases.
This matter was heard and there was no reportable action taken.
2-E: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd, P.C., Case No. BC 315186.
This matter was not heard.
2-F: Conference with Legal Counsel- Existing Litigation: Santa
Monica Food Not Bombs v. City of Santa Monica, Case No. CV 03-
0032 R.
This matter was not heard.
2-G: Conference with Legal Counsel - Existing Litigation: Santa
Monica Housing Council v. City of Santa Monica, Case No. SC 074
683.
This matter was heard and there was no reportable action taken.
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December 14,2004
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2-H: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Three.
This matter was heard and there was no reportable action taken.
ADMIN. PROCEEDINGS: 6-A: Appeal of Planning Commission's CEQA determination for
3010 WILSHIRE APPEAL project unmanned wireless communications facility at 3010 Wilshire
Boulevard - recommendation to deny appeal and uphold the Planning
Commission's CEQA determination exempting the proposed project from
further environmental review based on the findings in the report. Applicant:
Infranext, for AT&T Wireless; Appellant: Matthew Baird. (Continued from
September 28,2004.)
On order of the Mayor, this matter was continued to a future meeting, with
the date to be determined by staff
STAFF ITEMS:
415 PACIFIC COAST
IDGHWAY
8-A: Update on proposed rehabilitation and adaptive reuse of 415
Pacific Coast Highway - recommendation that contingent upon receipt of
a funding commitment from Annenberg Foundation, authorize the City
Manager to negotiate and execute all necessary agreements and documents
with the Foundation and the State of California related to the project;
approve an amendment to existing contract with Rincon Associates; approve
proposed budgetary actions; and authorize staff to proceed as recommended
in the report, was presented.
There was no one present for public comment.
Motion by Mayor Pro Tern Katz. seconded by Councilmember Shriver, to
approve staff recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers Holbrook, Genser, McKeown, Shriver,
Bloom, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
PICO NEIGHBORHOOD 8-B: Defining community strategies to reduce gang activity and
related crime in the Pico Neighborhood - recommendation that staff
work with institutional and community partners to organize a workshop
with Pico Neighborhood residents to be held in January or early February of
2005 as an initial step in defining strategies and establishing relationships
that will lead to elimination of gang affiliation and gang violence in the
community, was presented.
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December 14, 2004
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CIVIC CENTER
VILLAGE HOUSING
Members of the public Joey Fullmer, Art Casillas, Darrell Goode, Oscar de
la Torre, Maria Loya, Lisa Golden Balfus, Patricia Hoffinan, Ana Maria
Jara, Emesto Leon, Daniel Jordan, Irma Carranza, Louise Jaffe, and Gina
Oster spoke in support of the Pico Neighborhood.
Motion by Councilmember Bloom. seconded by Mayor Pro Tern Katz, to
approve staff recommendation amended to allow the Social Services
Commission to participate and review at appropriate stages. the motion
was approved by the following vote:
AYES:
Councilmembers Shriver, McKeown, Genser, Holbrook~
Bloom, Mayor Pro Tern Katz, Mayor Bloom
None
None
NOES:
ABSENT:
8-C: Civic Center Village Housing - recommen,dation that the City
Council provide massing guidelines and tenure characteristics for the
residences, so that a Request for Proposals for the development of the
Village can be issued to the developer-design teams of Bridge Housing~
Castle and Cook, Inc., and The Related Companies, was presented.
Members ofthe public Jacobs Samuel, Arthur Harris, Ellen Brennan, Jason
Parry and Carissa Drucker commented on various aspects of the proposal.
Motion by Councilmember Genser. seconded by Mayor Pro Tern Katz, to
direct staff to issue RFP's and to convey to respondents that the RFP's will
be evaluated for the following values: maintaining a minimum of 325 units
with 160 affordable housing units; that there be a mixture of ownership and
rental housing, including live-work and family housing; to minimize height
when possible or demonstrate clear advantages for taller buildings if
proposed; that open space shall be maximized, flexible, and a quality oflife
design, and be included throughout all of the project; that there be a finer
grain to the project, for example facades be encapsulated with smaller units
and individual entrances to give a more human and pedestrian scale and
neighborhood feel; that residences around park relate to the park to make it
a neighborhood park, and that there be park-like landscaping.
Substitute motion by Councilmember Holbrook. seconded by
Councilmember Shriver, to reduce the number of units to 160 units on two
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December 14,2004
STATUS OF WOMEN
AND GIRLS
COUNCIL ITEMS:
of the three sites and leave more open space. The substitute motion failed
by the following vote:
AYES:
NOES:
Councilmembers Holbrook, Shriver
Councilmembers Genser, McKeown, Bloom, Mayor Pro
Tern Katz, Mayor O'Connor
None
ABSENT:
Motion to amend by Councilmember Bloom to include in the main motion
alternative energy plans. The motion was accepted as friendly by the maker
and the seconder.
The main motion, as amended, was approved by the following vote:
AYES:
Councilmembers Shriver, McKeown, Genser, Bloom, Mayor
Pro Tern Katz, Mayor O'Connor
Councilmember Holbrook
None
NOES:
AYES:
IO-A: Presentation of the Report on the Status of Women and Girls in
Santa Monica by the Commission on the Status of Women, and
recommendations for action, was presented.
There was no one present for public comment.
Motion by Councilmember Shriver. seconded by Councilmember Bloom, to
approve recommendation. The motion was unanimously approved by voice
vote, with all members present.
13-A: Annual and special vacancy appointments to the following
boards and commissions:
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.
Pier Restoration Corporation - one annual vacancy for a term ending
November 11,2008, and one special vacancy for a term ending November
8, 2005.
On order of the Mayor, the above matter was continued to January 11,
2005.
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December 14, 2004
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ACCESSmILITY
APPEALS
ARB
ARTS COMMISSION
DISABILITIES
COMMISSION
SAMOHI CHORAL
PARENTS ASSN.
13-B: Appointment to one special vacancy on the Accessibility
Appeals Board for a term ending June 30, 2005.
On order of the Mayor, this matter was continued to January 11,2005.
13-C: Appointment to one special vacancy on the Architectural
Review Board for a term ending June 30, 2005.
On order of the Mayor, the above matter was continued to January 11,
2005.
13-D: Appointment to one special vacancy on the Arts Commission for
a term ending June 30, 2006.
On order of the Mayor, the above matter was continued to January 11,
2005.
13-E: Appointment to one special vacancy on the Disabilities
Commission for a term ending June 30, 2007.
On order of the Mayor, the above matter was continued to January 11,
2005.
13-F: Request of Mayor Pro Tem McKeown that the Council allocate
from its discretionary fund a matching grant of $25,000 to the Choral
Parents Association of Santa Monica High School, to assist in
scholarship fundraising so 42 low-income family students can join their
peers at March's National High School Choral Festival in Honolulu,
was presented.
Members of the public Charles Rhodes, Nan Borcherding, Lisa Kanor,
Allegra Fonda-Bernardi, and Sabrina Fields spoke in support of the request.
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to approve request. The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, Genser, McKeown, Shriver,
Bloom, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
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December 14,2004
SOBERING CENTER
13-G: Request of Councilmembers Shriver, Katz, and Holbrook to
direct staff to return on an expedited basis with recommendations
regarding the creation of a sobering center, perhaps in the City jail,
was presented.
There was no one present to comment.
Motion by Councilmember Shriver. seconded by Mayor Pro Tern Katz, to
approve request. The motion was unanimously approved by voice vote,
with all members present.
PUBLIC COMMENT:
Members of the public Pro Se, P.G. Curtis and Clifford Stem commented on
VarIOUS Issues.
On order of the Mayor, the City Council meeting was adjourned at 11: 18
p.m. to January 11, 2005, in memory of J.P. Nethercutt.
ADJOURNMENT:
ATTEST:
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Maria M. Stewart ~
City Clerk
APPROVED:
Pam O'Connor
Mayor
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December 14, 2004
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