M-3/22/2005
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 22, 2005
A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at
5:52 p.m., on Tuesday, March 22,2005, at City Council Chambers. 1685 Main Street.
Roll Call:
Present:
Mayor Pam O'Connor
Mayor Pro Tern Herb Katz
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Bobby Shriver
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 5:52 p.m., with all
members present. Fire Chief Jim Hone 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.
Members ofthe public Joey Fullmer and Joe Natoli addressed issues related
to the Consent Calendar items.
At the request of Mayor Pro Tern Katz, Items I-A and I-E were removed
from the Consent Calendar. At the request of Councilmember Holbrook,
Item I-B was removed from the Consent Calendar.
Motion by Councilmember Bloom. seconded by Councilmember Holbrook,
to approve all items on the Consent Calendar as presented except for Items
I-A, I-B and I-E, reading resolutions and ordinances by title only and
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March 22, 2005
waiving further reading thereof The motion was approved by the following
vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
BBB MAPS &
SCHEDULES
l-C: Big Blue Bus system map and schedules - recommendation to
award Bid No. 2880 to Monarch Litho Inc., at specified prices, to provide
printing services for the Big Blue Bus system map; and to LA Modem, at
specified prices. to provide printing services for the Big Blue Bus schedules,
was approved.
1032 3RD STREET
I-D: Recommendation to adopt Resolution No. 10026 (CCS) entitled:
"A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING
FINAL TRACT MAP NO. 54685 FOR A 4-UNIT CONDOMINIUM
PROJECT AT 1032 THIRD STREET," was adopted.
MINUTES
I-A: Approval of minutes of the February 15, and the February 22,
2005, City Council meetings. were presented.
Mayor Pro Tern Katz advised he had removed this item from the Consent
Calendar because he was absent for the February 15, 2005, minutes and
wanted to abstain on that vote.
Motion by Councilmember McKeown. seconded by Councilmember Bloom,
to approve the minutes as submitted. The minutes were unanimously
approved by voice vote. with all members present, and with Mayor Pro Tern
Katz abstaining on the minutes of February 15.
HAZARDOUS
MATERIALS
VEHICLE
I-B: Purchase of Hazardous Materials Vehicle - recommendation to
award Bid No. 2885 to SVI Trucks, in the amount of$483,763.84, to
furnish and deliver one hazardous materials response apparatus for the Fire
Department, was presented.
Councilmember Holbrook advised he removed this item from the Consent
Calendar to find out the disposition of the old vehicle. Staff responded to
questions from Councilmembers.
Motion by Mayor Pro Tern Katz. seconded by Councilmember Bloom, to
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March 22, 2005
approve purchase. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Shriver, Holbrook. McKeown,
Bloom, Mayor Pro Tem Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
YALE STREET
IMPROVEMENT
l-E: Canvass of Yale Street Improvement District Election and
adoption of resolution of intention to levy assessments -
recommendation to accept the certified canvass of improvement district
election; adopt Resolution No. 10027 (CCS) entitled: "A RESOLUTION
OF THE CITY OF SANTA MONICA FINDING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE CONSTRUCTION OF
STREET IMPROVEMENTS ALONG PORTIONS OF YALE STREET
AND ESTABLISHING AN ASSESSMENT DISTRICT FOR THE
PURPOSE OF CONSTRUCTION OF THE IMPROVEMENTS AND
DECLARING AN INTENTION TO LEVY ASSESSMENTS UPON
PARCELS WITillN THE ASSESSMENT DISTRICT UPON
COMPLETION OF THE IMPROVEMENTS," and direct staff to proceed
with the project, was presented.
Mayor Pro Tern Katz advised he removed this item from the Consent
Calendar because of safety concerns regarding appropriate width of the
streets for fire truck navigation, and because the margin of the election
results is too close. Staff responded to questions from Councilmembers.
Motion by Mayor Pro Tern Katz, to reconsider this matter based on his
concerns. The motion died for lack of a second.
Discussion ensued regarding the width of the streets needed to
accommodate fire trucks, street configuration, public safety and minimum
street width requirements for oversize vehicles. . '
Motion by Councilmember Bloom. seconded by Councilmember McKeown,
to approve staff recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor O'Connor
Mayor Pro Tern Katz
None
NOES:
ABSENT:
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March 22,2005
CLOSED SESSIONS:
Member of the public Jerry Rubin expressed his views related to Item 2-F.
On order of the Mayor, the City Council recessed at 6:15 p.m., and
reconvened at 7: 17 p. m., with all members present, to report the following:
2-A: Conference with Legal Counsel- Existing Litigation: Arturo
Gonzalez v. City of Santa Monica, Case No. 99-05409.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Watson
Partners. L.P.. et al. v. KPRS Construction Services. Inc., Case No. BC
329 528.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Anticipated Litigation.
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(b): three potential cases related to real property
located at 161 Ocean Park Blvd., 1267 Pacific Coast Highway, and
1007 Pier.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. P.c., Case No. BS 315186.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel- Existing Litigation: Abraham
Supino v. City of Santa Monica, Case No. SC 080 283 and related
cases.
ACTION:
Heard. No reportable action taken.
2-F: Conference with Legal Counsel- Existing Litigation: Robert
Holbrook and Herb Katz v. City of Santa Monica, Case No. BS 086
908.
ACTION:
Heard. No reportable action taken.
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March 22, 2005
2-G: Conference with Legal Counsel- Existing Litigation: Citv of
Santa Monica. et al. v. City of Los Angeles, et aI., LASC Case No. BS
093502 ("Playa Vista").
ACTION:
Heard. No reportable action taken.
ADMIN. ITEMS: 6-A: Appeal of Planning Commission's CEQA determination
3020 WILSHIRE APPEAL exempting the construction of an unmanned wireless
telecommunication facility from environmental review (3010 Wilshire)
- recommendation to deny the appeal and uphold the Planning
Commission's determination exempting the proposed project from further
environmental review based on the proposed findings. Applicant: Infranext,
for AT&T Wireless; Appellant: Matthew Baird
Staff presented a report on the appeal. City consultant Johnathan Kramer
reviewed his report to the City on this matter.
Appellant Matthew Baird and representative Barbara Farrish, spoke to the
merits and in support of the appeal.
Jeremy Stem, representing applicant Infranext, spoke to the merits of the
project and in opposition of the appeal.
The following members of the public spoke in opposition to the project:
Donald Hays, Paul Papick. Donna Lady, Joe Natoli, Ken Lady, Page Hale,
Amy Minteer, Nels Brown, Victor Liang, Mike Marino, John Hogg,
Kathryn Turk, Jenny Lee, Deborah Bauman, KatWeen Intag, Daniel
Bushnell, Peter Jensen. Patty Factor. Maria Jenson, Michael Robitaille, Anne
Rice, Angela Papich, Leila Ali. Gina RobeliSon, and James Wynn.
Appellant Matthew Baird and Barbara Farrish provided a rebuttal to the
public comment.
Applicant's representative Jeremy Stern and Aineakho lrune-Osior provided
a rebuttal to the public comment.
Discussion ensued on the issues raised by members of the public, and the
area of authority that Council has to act on the appeal. Discussion also
ensued on the effects of all Councilmembers abstaining on a vote. The City
Attorney provided an opinion on the effects of taking such a course.
Motion by Councilmember GenseL seconded by Mayor O'Connor, to deny
the appeal and uphold the Planning Commission's decision. The motion was
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March 22, 2005
approved by the following vote:
AYES:
Councilmembers Bloom, Holbrook, Shriver, Genser, Mayor
O'Connor
None
Councilmember McKeown, Mayor Pro Tern Katz
None
NOES:
ABSTAIN:
ABSENT:
Motion by Councilmember Shriver. seconded by Mayor O'Connor, to direct
city attorney to review the related statutes enacted, as mentioned during
public comment, in Stamford, San Francisco and anywhere else that
compliance measures have been instituted and return to Council for possible
direction. The motion was unanimously approved by voice vote, with all
members present.
Motion by Councilmember Bloom. seconded by Mayor Pro Tern Katz, to
direct staff to communicate with Santa Monica City College to determine if
the College is in conformity with City codes regarding wireless installations,
and if not. that the College be brought into conformity. The motion was
unanimously approved by voice vote, with all members present.
BIG BLUE BUS APPEAL 6-B: Appeal of Planning Commission's approval for tbe remaining
phases of the Big Blue Bus Facility Expansion Plan - recommendation
that the City Council deny the appeal and uphold the Planning Commission's
approval of the project with the elimination of the requirement for after-
hours public parking within the subterranean garage, based upon the
proposed findings and conditions of approval. Applicant: Big Blue Bus;
Appellant: Craig D. Jones
On order of the Mayor. and at the request of staff, this matter was continued
to April 12, 2005.
ORDINANCES:
USE OF PUBLIC
RESTROOMS
7-A: Second reading and adoption of Ordinance No. 2155 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADDING SECTION 4.08.285 TO THE MUNICIPAL CODE TO ALLOW
THE ESTABLISHMENT OF RULES FOR USE OF PUBLIC
RESTROOMS," was presented.
Motion by CounciImember Holbrook. seconded by Councilmember Bloom,
to adopt the ordinance. reading by title only and waiving further reading
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March 22, 2005
~
SUNSET PARK; NORTH
OF WILSHIRE
thereof The motion was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
7-B: Introduction and adoption of Emergency Ordinance No. 2156
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANT A MONIC~
EXTENDING THE MODIFICATIONS TO THE DEVELOPMENT
STANDARDS FOR PARCELS IN THE R-l DISTRICTS LOCATED IN
THE SUNSET PARK AND NORTH OF WILSHIRE NEIGHBOR-
HOODS; AND DECLARING THE PRESENCE OF AN EMERGENCY,"
was presented.
Member of the public Joey Fullmer expressed various concerns. Members
ofthe public Beth Hummer, Lawrence Hummer, Scott Herron, Peter
Schechter, and Thomas Nordberg spoke in opposition to the proposed
ordinance.
Discussion ensued on the concerns raised by members of the public and on
the nature of the emergency ordinance.
Motion by Mayor Pro Tern Katz, to direct staff to meet with local architects
who understand both the Sunset Park and North of Wilshire area, receive
their input, return to Council with a flexible proposal including what
discretion staff should have to approve a project without a variance, on what
would require a variance with the Zoning Administrator as the hearing
officer, and no review by the Architectural Review Board.
With the consensus of Council, this motion was tabled until action on the
ordinance is taken.
Motion by Councilmember Genser. seconded by Councilmember Bloom, to
introduce and adopt the ordinance, reading by title only and waiving further
reading thereof
Substitute motion by CounciImember Shriver. seconded by Mayor Pro Tern
Katz, to introduce and adopt the ordinance, reading by title only and
waiving further reading thereof, amended to change the effective date
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March 22,2005
through July 31,2005. The substitute motion failed on the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Shriver, Holbrook, Mayor Pro Tern Katz
Councilmembers Genser, McKeown, Bloom, Mayor
O'Connor
None
The main motion, requiring five votes, failed by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, McKeown, Genser.
Mayor O'Connor
Councilmembers Shriver, Holbrook, Mayor Pro Tern Katz
None
Motion by Councilmember Genser. seconded by Mayor O'Connor, to
introduce and adopt the ordinance, reading by title only and waiving further
reading thereof, amended to change its duration from two years to one year.
The motion, requiring five votes, failed by the following vote:
AYES:
NOES:
ABSENT:
Councilrnember Genser, McKeown, Bloom,
Mayor O'Connor
Councilmembers Shriver, Holbrook, Mayor Pro Tern Katz
None
Motion by Mayor O'Connor. seconded by Councilmember Genser, to
introduce and adopt the ordinance, reading by title only and waiving further
reading thereof, amended to change the effective date through August 31,
2005. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tern Katz, Mayor O'Connor
None
None
Motion by Councilmember Gense!. seconded by Mayor Pro Tern Katz, to
direct staff to return with a menu of items and a range of options on dealing
with concerns expressed during this discussion, including but not limited to
meeting with local architects who understand both the Sunset Park and
North of Wilshire area, receive their input, return to Council with a flexible
proposal including what discretion staff should have to approve a project
without a variance. on what would require a variance with the Zoning
Administrator as the hearing officer, and no review by the Architectural
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March 22, 2005
=:.:iiJ
STAFF ITEMS:
HOMELESSNESS
Review Board. The motion was unanimously approved by voice vote, with
all members present.
8-A: Update on implementation of strategies to address homelessnes~
in Santa Monica - recommendation that Council support securing a
building for a regional psychiatric urgent care facility and sobering center
with an allocation of$10,000; provide direction regarding any appropriate
modifications to City policy; and adopt Resolution No. 10028 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA IN
SUPPORT OF THE WESTSIDE CITIES COUNCIL OF
GOVERNMENTS ("COG") COLLABORATIVE EFFORTS AND
ADVOCACY TO ADDRESS HOMELESSNESS," was presented.
The following members of the public spoke in general support and provided
input on the subject as follows: Joey Fullmer, Dennis Haley, Jerry Rubin.
David Smith, Randy Walburger, B.A. Gray, Linda Sullivan, Charity
Luvcolbert, David Busch, Linda Armstrong. and Michael Feinstein.
Motion by Councilmember Genser. seconded by Councilmember Bloom, to
adopt resolution No. 10028 (CCS), 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. Mayor O'Connor
None
None
NOES:
ABSENT:
Motion by Councilmember Shriver. seconded by Councilmember McKeown,
to allocate the proposed $10,000. The motion was approved by the
following vote:
AYES:
Councilmembers Genser. Shriver, Holbrook, McKeown.
Bloom, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
Motion by Councilmember Genser. seconded by Councilmember McKeown.
that on the" Abandoned property" proposal (page 12, staff report), that staff
return with options for allowing a reasonable time before belongings are
considered to be "unattended," for greater enforcement, and that there be
additional locker space available for storage. The motion was unanimously
approved by voice vote, with all members present.
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March 22, 2005
COUNCIL ITEMS:
APPOINTMENTS
SENIOR COMMUNITY
STA TUS OF WOMEN
STYROFOAM BAN
Motion by Councilmember Shriver. seconded by Mayor O'Connor, that as
to the proposed item "Lying or Sitting on Sidewalks,"that staff return with
information on the existing Los Angeles ordinance. The motion was
unanimously approved by voice vote, with all members present.
It was the consensus of Council to direct staff to return with additional
information on the possibility of allowing individuals to sleep in theircars
(vehicular camping) in a designated area; and the use of freeway underpasses
and off-ramps, and Pier and Memorial Park showers.
On order of the Mayor. and with the consensus of Council. the discussion of
related advocacy efforts to be continued to a future meeting.
13-A: Special vacancy appointments to the following boards and
commissions:
Commission for the Senior Community - one vacancy for a term ending
June 30, 2007.
On order of the Mayor, the floor was opened for nominations.
Councilmember Genser nominated Sally Brighter. There being no other
nominations, Ms. Brighter was appointed by acclamation, with all members
present.
Commission on the Status of Women - one vacancy for a term ending
June 30, 2008.
On order of the Mayor, this matter was continued to April 12, 2005.
Pier Restoration Corporation - one vacancy for a term ending November
8, 2005.
On order of the Mayor, this matter was continued to April 12. 2005.
13-B: Request of Councilmember McKeown to direct staff to
investigate a ban on foam plastic products, as recommended by the
Environmental Task Force and recently passed by the City of Malibu,
consult with the local business community on economic impacts, and
return to the Council with information, recommendations, and
suggestions for an implementing ordinance if appropriate, was
presented.
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March 22, 2005
~
PUBLIC INPUT:
ADJOURNMENT:
Member of the public Mark Gold spoke in support of the request.
Motion by Councilmember McKeown. seconded by Councilmember Gensel
to approve request. The motion was unanimously approved by voice vote,
with all members present.
Members of the public Art Casillas. Tim Dillinbeck, and William Bolte
addressed various concerns.
On order of the Mayor, the City Council meeting was adjourned at 12:28
a.m., in memory of America Jara, and in memory of Dr. George Quiroz.
ATTEST:
~.~
Maria M. Stewart
City Clerk
APPROVED:
'-
La11/v'-
Pam O'Connor
Mayor
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March 22, 2005