M-4/12/2005
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 12, 2005
A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at
5:45 p.m., on Tuesday, April 12, 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
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:45 p.m., with all
members present. Councilmember Bloom 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.
At the request of Councilmember McKeown, Item 1- F was removed from
the Consent Calendar. At the request of Mayor Pro Tern Katz, Item 1- H
was removed from the Consent Calendar.
Motion by Mayor Pro Tern Katz. seconded by Councilmember Genser, to
approve all items on the Consent Calendar as presented except Items I-F
and I-H, reading resolutions and ordinances by title only and waiving further
reading thereof. The motion was approved by the following vote:
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April 12, 2005
MINUTES
1906-1922 BROADWAY
1237 24TH STREET
2901 OCEAN PARK
RISK MANAGEMENT
INFO SYSTEM
SECTION 8
EMPLOYEE MEDICAL
INSURANCE
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
I-A: The minutes of the March 8 and March 22,2005, City Council
meetings, were approved as submitted.
I-B: Adoption of Resolution No. 10029 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 54215
TO SUBDIVIDE A PROPERTY AT 1906-1922BROADWAYFORA33-
CONDOMINIUM PROJECT," was adopted.
l-C: Adoption of Resolution No. 10030 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 26327
TO SUBDIVIDE A PROPERTY AT 1237 24m STREET FOR A 4-UNIT
PROJECT," was adopted.
1-D: Statement of Official Action taken for appeal of Planning
Commission's decision related to project located at 2901 Ocean Park
Boulevard, was approved.
1-E: Upgraded Risk Management Information System-
recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 7482 (CCS) with Valley Oak Systems, in the
amount of $30,000 for software license fees and $160,000 for extended
maintenance fees for five years, was approved.
I-G: Section 8 program compliance, eligibility determination for
affordable housing projects, Rental Integrity Management Monitoring
monthly reviews - recommendation to authorize the City Manager to
negotiate and execute Contract No. 8459 (CCS) with Program Compliance
Solutions, in the amount of $75,000, to provided services related to
program compliance, eligibility determination, and Housing and Urban
Development compliance, was approved.
1-1: Adoption of Resolution No. 10031 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA APPROVING
MEMORANDUM OF UNDERSTANDING SETTING TERMS AND
CONDITIONS OF MEDICAL INSURANCE COVERAGE WITH
VARIOUS CITY LABOR GROUPS," was adopted.
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April 12,2005
WHALE OF A MURAL
1-J: Conservation of mural entitled, Whale of a Mural -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8461 (CCS) with Rainer Zebala Partners, in the amount ()f
$61,400, for the conservation of the mural, was approved.
RECYCLING
1-K: Public education program for used oil and filter recycling -
recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 8346 (CCS) with S. Groner Associates, in the
amount of $7,500 for additional services on the Community-Based Social
Marketing public education intervention program for the used oil and filter
recycling program, was approved.
DONATION - USED
VEHICLE
1-F: Donation of used vehicle to Santa Monica High School-
recommendation to authorize the City Manager to donate one used 1994
Ford Crown Victoria, CNG sedan to the Automotive Department of the
Santa Monica High School, was presented.
Council member McKeown
was excused at 5:52 p.m.
Councilmember McKeown advised that due to his employment relationship
with the School District, he had a conflict of interest in this matter and
requested to be excused.
Motion by Councilmember Genser. seconded by Mayor Pro Tern Katz, to
approve the recommendation. The recommendation was approved by the
following vote:
AYES:
Councilmembers Genser, Shriver, Holbrook, Bloom, Mayor
Pro Tern Katz, Mayor O'Connor
None
Councilmember McKeown
NOES:
ABSENT:
DEMOLITION - FORMER 1-H: Design contract for demolition of former Police Department
POLICE BUILDING Building recommendation to authorize the City Manager to negotiate and
execute Contract No. 8460 (CCS) with Killefer Flammang Architects, in the
Councilmember McKeown amount of $72,000, for design services related to the project, was presented.
returned at 5:53 p.m.
Mayor Pro Tern Katz advised he removed this matter from the Consent
Calendar in order to clarify what part of the building is being tom down and
what is going to remain. Staff responded to questions of Councilmembers.
Motion by Mayor Pro Tern Katz. seconded by Councilmember Genser, to
approve recommendation. The motion was approved by the following vote:
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April 12,2005
CLOSED SESSIONS:
AYES:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
Member of the public Marshall Grossman addressed Council regarding Item
2-D.
On order of the Mayor, the City Council recessed at 6:03 p.m., to hear
closed sessions and returned at 7: 10 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.
Motion by Councilmember GenseL seconded by Mayor Pro Tern Katz, to
approve settlement in the amount of $56,000. 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:
2-B: Conference with Legal Counsel- Existing Litigation: Edward
Grossman v. City of Santa Monic!!, Case No. SC 070736.
Motion by Councilmember Bloom. seconded by Mayor Pro Tern Katz, to
approve settlement in the amount of$35,230. 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:
2-C: Conference with Legal Counsel- Anticipated Litigation.
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(b): One potential case related to real property
located at 1267 Pacific Coast Highway.
ACTION:
Not heard.
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April 12,2005
SPECIAL ITEMS:
ADMIN. ITEMS:
BIG BLUE BUS APPEAL
Mayor Pro Tern Katz was
excused at 7: 15 p.m.
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: City of
Santa Monica v. City of Los Angeles (Playa Vista), Case No. BS O?3
502.
ACTION:
Not heard.
2-F: Conference with Legal Counsel- Existing Litigation: Holbrook
& Katz v. City of Santa Monica, LASC Case No. BS 086 908, on appeal
to the Court of Appeal, Second Appellate District.
ACTION:
Heard. No reportable action taken.
4-A: Mayor O'Connor issued a proclamation declaring April 12th
through May 2rt, 2005 as the "Santa Monica Citywide Reads"
program in the City of Santa Monica.
6-A: Appeal of Planning Commission's approval for the 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, was presented.
Mayor Pro Tern Katz advised that he had a conflict of interest on this matter
because the appellant is a client of his firm, and requested to be excused.
Craig D. Jones, Appellant, spoke in support of the appeal.
Stephanie Negriff, Director of the Big Blue Bus and representing Applicant
City of Santa Monica, spoke in support of the project and of the Planning
Commission's approval.
Members of the public Jay Johnson, Robert Kerr and Jerry Rubin
commented on various aspects of the project.
Appellant Jones presented a rebuttal to comments made by Applicant and by
the public.
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April 12,2005
Mayor Pro Tem Katz
returned at 8:22 p.m.
3115/3119 SANTA
MONICA - APPEAL
Staff requested to make two corrections on the record. The first correction
under the conditions of approval is to make the plan date February 18, 2005.
The second correction is to add the Planning Commission's added condition
as follows: "The first floor space at 7th Street and Colorado Avenue shall be
activated with pedestrian-oriented uses that are accessed directly from the
public sidewalk in an operation during business hours."
Motion by Councilmember Genser, seconded by Mayor O'Connor, to deny
appeal and approve staff recommendation and include the corrections made
by staff The motion was approved by the following vote:
AYES:
Councilmembers Genser, Holbrook, McKeown, Bloom,
Mayor O'Connor
Councilmember Shriver
Mayor Pro Tern Katz
NOES:
ABSENT:
Motion by Councilmember Genser. seconded by Councilmember McKeown,
to direct staff to return with options to provide after-hours public parking at
the facility, and that work do not proceed that would prejudice the ability to
include that feature. The motion was unanimously approved by voice vote~
with all members present.
6-B: Appeal of Planning Commission's denial of conditional use
permit to establish two new restaurantslbars at 3115 and 3119 Santa
Monica Boulevard - recommendation to deny appeal and uphold Planning
Commission's denial to establish two new restaurantslbars at 3115 and 3119
Santa Monica Boulevard that would operate from 7:00 a.m., to 2:00 a.m.,
seven days a week with alcohol service, was presented.
Appellant! Applicant Anthony Kling presented his arguments in favor of the
appeal.
Members of the public, Jacqueline Sachen, Denny Sachen, Jerry Rubin, and
Lisa Knight spoke in favor of the appeal.
Members of the public Martin Bums and Suren Yedalian spoke in
opposition of the appeal.
Appellant/Applicant Anthony Kling presented a rebuttal to comments made
during public comment.
6
April 12, 2005
Motion by Councilmember GenseL seconded by Mayor Pro Tern Katz, to
deny the appeal and approve staff's recommendation. 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:
STAFF ITEMS: 8-A: Consideration of Master Facilities Agreement including
MASTER AGREEMENT - suggestions of the Santa Monica-Malibu School District's Financial
SM-MUSD Oversight Committee - recommendation that Council discuss the proposec
agreement considering the comments of the Financial Oversight Committee
Council member McKeown and authorize the City Manager to execute the agreement and supplemental
was excused at 9: 15 p.m. use agreements (including Nos. 8463 to 8465 (CCS)), that provide for
specific City programs use of school facilities, was presented.
Councilmember McKeown advised that due to his employment relationship
with the School District, he had a conflict of interest in this matter and
requested to be excused.
Members of the public Joey Fullmer, Shari Davis, John Deasy, Emily
Bloomfield and Louise Jaffe spoke in favor of the recommendation.
Motion by Mayor Pro Tem Katz. seconded by Councilmember Shriver, to
approve recommendation with the timing of payments to be left up to the
City Manager and the School Superintendent, and approving supplemental
use agreements. The motion was approved by the following vote:
AYES:
Councilmembers Bloom, Holbrook, Shriver, Genser, Mayor
Pro Tern Katz, Mayor O'Connor
None
Councilmember McKeown
NOES:
ABSENT:
SKATE PARK
REGULA TIONS
8-B: Resolution adopting proposed rules and regulations for use of
Santa Monica's Skate Park - recommendation to adopt Resolution No.
10032 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA APPROVING RULES AND REGULATIONS TO PROMOTE
THE SAFE PUBLIC USE OF THE CITY'S NEW SKATE PARK,"
located at Memorial Park and scheduled to open in the Spring of2005, was
presented.
Councilmember McKeown
returned at 10:00 p.m.
There was no one present for public comment.
7
April 12, 2005
RECESS:
COUNCIL ITEMS:
BOARDS &
COMMISSIONS
APPOINTMENT
RECONSIDERA TION
Motion by Councilmember Holbrook. seconded by Mayor Pro Tern Katz, to
approve staff recommendation, with direction to staff that the rule should
not be enforced to prevent people using skates for transportation and
arriving and departing by that means. 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:
On order of the Mayor, the City Council recessed to a special meeting of the
Housing Authority at 10:05 p.m., and reconvened to the regular City
Council meeting at 10: 10 p.m., with all members present.
13-A: Special vacancy appointments to the following boards and
commissions:
Commission on the Status of Women - One vacancy for a term ending
June 30,2008.
Commission on the Status of Women member Andrea Lipton spoke in favor
of appointing Ana lara to the Commission.
On order of the Mayor, this matter to be continued to April 26, 2005.
Pier Restoration Corporation - one vacancy for a term ending November
8,2005.
On order of the Mayor, this matter to be continued to April 26, 2005.
13-B: Reconsideration of Sally Breiter's appointment to the
Commission for the Senior Community on March 22, 2005, and
consideration of new appointment, was presented.
There was no one for public comment.
Motion by Councilmember Bloom. seconded by Mayor Pro Tern Katz, to
reconsider the appointment. The motion was unanimously approved by
voice vote, with all members present.
8
April 12, 2005
Motion by Mayor Pro Tern Katz. seconded by Councilmember Bloom, to
void Ms. Breiter's appointment. The motion was unanimously approved by
voice vote, with all members present.
On order of the Mayor, appointment to the vacancy was continued to April
26, 2005.
RESIGNA nON
13-C: Acceptance of Karl Buchta's letter of resignation from the
Convention and Visitors Bureau, and authorization for City Clerk to
publish vacancy, was presented.
Motion by Councilmember Holbrook. seconded by Mayor Pro Tern Katz, to
accept resignation with regrets and authorize publication of vacancy. The
motion was unanimously approved by voice vote, with all members present.
Motion by Councilmember GenseL seconded by Councilmember Bloom, to
direct staff to agendize on a future agenda, preferably prior to June 30th,
discussion regarding appointing members to the Convention and Visitors
Bureau in order to reevaluate the policy in light of the Chamber of
Commerce's active participation in electoral politics of the City, and with
pertinent information to assist Council to understand the rules governing the
process and options for changing it, if deemed necessary. The motion was
approved by voice vote, with Councilmember Holbrook and Mayor Pro
Tern Katz voting in opposition, and with all members present.
SB-596
13-D: Request of Councilmember McKeown that Santa Monica
support SB 596 by State Senator Debra Bowen, creating state election
code options for local preference or ranked-voting elections, with
specific provisions for single-seat and multi-seat elections, and that
Santa Monica's support be promptly communicated to appropriate
legislators and Governor Schwarzenegger.
(This matter was withdrawn at the request of Councilmember McKeown)
CONFERENCE
ATTENDANCE
13-E: Request of Mayor O'Connor for Council to authorize the use of
Council travel funds for attendance at United Nations sponsored World
Environmental Day events and the US Conference of Mayors, was
presented.
There was no one present for public comment.
9
April 12, 2005
, : ~
i i '.
Motion by Mayor Pro Tern Katz. seconded by Councilmember Shriver, to
approve request. The motion was unanimously approved by voice vote,
with all members present.. ""
<t
On order of the Mayor, staff was directed to investigate the cost of joining
US. Conference of Mayors.
13-F: Request of Councilmember Katz that Council restore support of
CELEBRA TE AMERICA Celebrate America Fireworks and consider increasing support to
FIREWORKS $15,000, was presented.
Zach Beatty spoke in support of safe and environmentally friendly fireworks.
Motion by Mayor Pro Tern Katz. seconded by Councilmember Bloom, to
allocate $15,000 for fireworks from discretionary funds, and communicate
to the College the need to assure that the fireworks are up to current toxicity
standards. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None -
None
Members of the public Pro Se, Alex Trenchard-Smith, Jerry Rubin and Ana
Maria Jara commented on various issues, including homelessness, Earth
Day, and education.
PUBLIC INPUT
~DJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 10:49
p.m., in memory of Dan Cohen, former member of the Commission for the
Senior Community; Rosalyn Jill Griffin Payne, sister of Stephanie Negriff,
director of the Big Blue Bus; and Pope John Paul II.
-U:~ ~
Maria M. Stewart
City Clerk
APPROVED:
1=d::tJ
Pam O'Connor
. Mayor
10
April 12,2005