M-3/8/2005
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 8, 2005
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tern Katz
at 5:54 p.m., on Tuesday, March 8, 2005, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Pro Tern Herb Katz
Councilrnember Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Bobby Shriver
Absent:
Mayor Pam O'Connor
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order ofthe Mayor Pro Tern, the City Council convened at 5:54 p.m.,
with all members present. Assistant City Manager Gordon Anderson 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.
Motion by Councilmember Genser. seconded by Councilmember Holbrook,
to approve all items on the Consent Calendar as presented, reading
resolutions and ordinances by title only and waiving further reading thereof
The motion was approved by the following vote:
AYES:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tern Katz
None
Mayor O'~onnor
NOES:
ABSENT:
1
March 8, 2005
MINUTES
I-A: The minutes of the February 8,2005, City Council meeting, were
approved as submitted.
BBB - GRAPHIC DESIGN I-B: Big Blue Bus Rapid Bus Graphic Design - recommendation to
authorize the City Manager to negotiate and execute an amendment to
existing Contract No. 8454 (CCS) with Sussman/Prejza, in the amount of
$12,800, for development of elements needed for branding and customer
communications for the new Rapid 3 Service, was approved.
OLD POLICE
BUILDING
l-C: Electrical Power Change-over for Old Police Building-
recommendation to waive competitive bidding and authorize the City
Manager to negotiate and execute design-build Contract No. 8455 (CCS)
with Neubauer Electric, in the amount of$311,000, for electrical power
change-over of the old Police Building, was approved.
CLOSED SESSIONS:
On order of Mayor Pro Tern Katz, the City Council recessed at 6:03 p.rn., to
consider closed sessions and returned at 6:50 p.m., with Mayor O'Connor
absent, to report the following:
2-A: Conference with Legal Counsel- Existing Litigation: Arturo
Gonzalez v. City of Santa Monica, Case No. 99-05409.
ACTION:
Not heard.
2-B: Conference with Legal Counsel- Existing Litigation: Aljean
Barmetz v. City of Santa Monica, Case No. SC 081 725.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation: Julio
Montoro v. City of Santa Monica, Case No. SC 079 856.
Motion by Councilmember GenseL seconded by Councilmember Bloom, to
approve settlement in the amount of$55,000. The motion was approved by
the following vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz
None
Mayor O'Connor
NOES:
ABSENT:
2
March 8, 2005
SPECIAL ITEMS:
ORDINANCES:
LIVING WAGE
RESTAURANT CAP
2-D: Conference with Legal Connsel - Existing Litigation: City of
Santa Monica v. Stewart, Case No. SC 067 033.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel- Anticipated Litigation.
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(b): Two potential cases related to real property
located at 1267 Pacific Coast Highway and 161 Ocean Park Boulevard,
ACTION:
Not heard.
4-A: A proclamation declaring March 2005 to be Women's History
Month in the City of Santa Monica, was issued by Mayor Pro Tern
Katz, and a presentation was made by the Commission on the Status 0
Women's Young Leaders' Oral History Project in honor of Women's
History Month.
7-A: Second reading and adoption of Ordinance No. 2152 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADDING CHAPTER 4.65 TO THE MUNICIPAL CODE CREATING
MINIMUM WAGE REQUIREMENTS APPLICABLE TO CITY
CONTRACTORS," was presented.
Motion by Councilmember McKeown. seconded by Councilmember Shriver
to adopt the ordinance reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, McKeown, Shriver, Genser
Councilmember Holbrook, Mayor Pro Tern Katz
Mayor O'Connor
7-B: Second reading and adoption of Ordinance No. 2153 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 9 OF THE MUNICIPAL CODE TO
ELIMINATE THE NUMERICAL CAP ON RESTAURANTS IN THE
BA YSIDE DISTRICT AND ON THE PROMENADE AND EXPAND
THE TYPES OF ESTABLISHMENTS THAT CAN CONDUCT
ALCOHOL SALES IN THE BAYSIDE DISTRICT SUBJECT TO
CONDITIONAL USE PERMIT, TO ALLOW NEW RESTAURANTS
WITH ALCOHOL SERVICE IN SPECIFIED BA YSIDE DISTRICTS TO
BE ADMINISTRATIVELY APPROVED RATHER THAN REQUIRING
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March 8, 2005
FEES - USE OF PUBLIC
PROPERTY
USE OF PUBLIC
RESTROOMS
A CUP, AND EXPANDING THE VENDING CART PROGRAM
SUBJECT TO A LICENSE AGREEMENT," was presented.
Motion by Councilmember Holbrook. seconded by Councilmember Bloom,
to adopt ordinance reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tern Katz
None
Mayor O'Connor
NOES:
ABSENT:
7-C: Second reading and adoption of Ordinance No. 2154 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 2.72 OF THE MUNICIPAL CODE RELATING
TO FEES FOR MUNICIPAL SERVICES AND PAYMENTS TO THE
CITY FOR THE PRIVATE COMMERCIAL USE OF PUBLIC
PROPERTY," was presented.
Motion by Councilmember McKeown. seconded by Councilmember Bloom,
to adopt the ordinance, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz
None
Mayor O'Connor
NOES:
ABSENT:
7-D: Introduction and first reading of an ordinance adding Section
4.08.285 to the Municipal Code to allow the establishment of rules for
use of public restrooms, was presented.
Members of the public Joey Fullmer and Pro Se expressed concerns and
provided suggestions relative to the proposal.
Members of the public Ron Taylor, Christine Schanes, and Jerry Rubin
spoke in opposition to the proposed ordinance.
Motion by Councilmember Genser. seconded by Councilmember McKeown,
to introduce the ordinance for first reading, reading for title only and
waiving further reading thereof, and directing staff to include specific
language wording in the guidelines regarding enforcing with a warning or
citation, and only on specific non-cooperative cases enforce as a
4
March 8, 2005
STAFF ITEMS:
STEW ART V. CITY
PUBLIC HEARINGS:
YALE STREET
IMPROVEMENTS
misdemeanor. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pm Tern Katz
None
Mayor O'Connor
NOES:
ABSENT:
8-A: Status of City v. Stewart and alternatives available following
Court of Appeals decision not to decide constitutionality of Oaks
Initiative - recommendation that Council consider the City's options and
provide direction to staff, was presented.
Members ofthe public Carmen Balber, Todd Eichenberger, Sue Griffin, and
Tom O'Meare, spoke in support of enforcement of the Oaks Initiative.
Member of the public Jerry Rubin spoke in support of staff's
recommendation.
Motion by Councilmember Shriver. seconded by Councilmember Holbrook,
to direct staff to explore the option of placing a measure on the November
ballot that is clarifYing and enforceable and achieve the goals of good
government.
Motion to amend by Councilmember McKeown, to await judicial resolution
on the constitutionality of the measure, before placing a measure on a ballot.
The motion was accepted as friendly by the maker and seconder of the
motion. The main motion, as amended was unanimously approved by voice
vote, with Mayor O'Connor absent.
9-A: Public hearing to form assessment district for various
improvements on Yale Street and resolution of intent to proceed -
recommendation to hold a public hearing, accept any public comment, adopt
Resolution No. 10024 (CCS) entitled: "A RESOLUTION OF INTENTION
OF THE CITY OF SANTA MONICA FINDING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE STREET
IMPROVEMENTS AND DECLARING ITS INTENTION TO
CONSTRUCT VARIOUS STREET IMPROVEMENTS ON YALE
STREET," and continue hearing to March 22,2005, when results of the
assessment ballots will be declared, was presented.
Members of the public Margaret Frane, Kristin Shirken, Debbie Bullock, Pat
Jakie, Natalie Hagan, Ed Malphus, Brian Shirken, Moez Darvish, Alefiya
Hussain, Naveed Hussain, and Charles Husting spoke in support of the
5
March 8, 2005
RESOLUTIONS:
PARKING ZONE ZZ
assessment district.
Members of the public Tom Ovenrure, and Ines Yettra spoke in opposition
of the assessment district. Sue Ann Power spoke in support of placing a 4-
way stop at the Washington and Yale intersection.
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to adopt the resolution, reading by title only and waiving further reading
thereof, and to continue the matter to March 22,2005. The motion was
approved by the following vote:
AYES:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tern Katz
None
Mayor O'Connor
NOES:
ABSENT:
Motion by Councilmember Bloom. seconded by Councilmember Genser to
direct staff to investigate the option of placing a 4-way stop at the
Washington and Yale intersection. The motion was unanimously approved
by voice vote, with Mayor O'Connor absent.
II-A: Resolution amending and enlarging Preferential Parking Zone
ZZ and amending Resolution 9344 (CCS) - recommendation to adopt
Resolution No. 10025 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA EXPANDING PARKING ZONE ZZ TO INCLUDE
S1H, 61H, AND 71H STREETS BETWEEN WILSHlRE AND MONT ANA;
INCLUDE MONT ANA AND CALIFORNIA AVENUES BETWEEN 4TH
AND 71H; AND INCLUDE IDAHO AND WASHINGTON AVENUES
BETWEEN 41H STREET AND LINCOLN'; and to adopt proposed budget
adjustments, was presented.
Member of the public Joey Fullmer expressed various concerns. Member of
the public Jane Walker spoke in opposition to the proposed resolution.
Motion by Councilmember Genser. seconded by Councilmember Bloom, to
adopt the resolution, reading by title only and waiving further reading
thereof, and approve the budget adjustments. The motion was approved by
the following vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser
Mayor Pro Tern Katz
Mayor O'Connor
NOES:
ABSENT:
6
March 8,2005
WRITTEN
COMMUNICATIONS:
PARKING STICKERS
COUNCIL ITEMS:
SENIOR COMMUNITY
COMMISSION
PERSONNEL BOARD
PRC
COMMISSION ON
STATUS OF WOMEN
Mayor Pro Tern Katz stated, for the record, that he voted in opposition
because parking districts only expand to other districts, -never solve
anything, and create more preferential parking.
12-A: Request of Bernadette Scully that visitor's parking stickers be
redesigned to delete the resident's address for safety and privacy
reasons.
On order of the Mayor Pro Tern, Ms. Scully not being present, the
information was received and filed.
13-A: Special vacancy appointments to the following boards and
commissions:
Commission for the Senior Community - one vacancy for a term ending Jun€
30, 2007.
On order of the Mayor Pro Tern, this matter was continued to March 22,
2005.
Personnel Board - one vacancy for a term ending June 30,2006.
On order of the Mayor Pro Tern, the floor was opened for nominations.
Councilmember Holbrook nominated Robert Sullivan. There being no other
nominations, Mr. Sullivan was appointed by acclamation, with Mayor
O'Connor absent.
Pier Restoration Corporation - one vacancy for a term ending November 8,
2005.
On order of the Mayor Pro Tern, this matter was continued to March 22,
2005.
13-B: Appointment to one special vacancy on the Commission on the
Status of Women for a term ending June 30,2008.
On order of the Mayor Pro Tern, this matter was continued to March 22,
2005.
7
March 8, 2005
SB 840
13-C: Request of Councilmember McKeown that the City Council
support our State Senator Sheila Kuehl's bill SB 840, the California
Health Insurance Reliability Act, establishing a single comprehensive
health plan for all California residents, and that Santa Monica's
support be promptly communicated to appropriate legislators and
Governor Schwarzenegger, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to approve request. The motion was unanimously approved by voice vote,
with Mayor O'Connor absent.
ATTEST:
~:2\u .~...t~
Maria M. Stewart
City Clerk
PUBLIC INPUT
ADJOURNMENT:
8
March 8, 2005