M-12/13/2005
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 13, 2005
A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at
5:47 p.m., on Tuesday, December 13, 2005, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Pam O'Connor
Mayor Pro Tern Herb Katz (arrived at 6:04 p.m.)
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Bobby Shriver (arrived at 6:04 p.m.)
Also Present: Acting City Manager Gordon Anderson
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:47 p.m., with
Councilmember Shriver and Mayor Pro Tern Katz absent. Councilmember
Holbrook 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 of the public Joey Fullmer, Lili Warren and Jerry Rubin shared
concerns related to Item l-K. Members of the public Joe Natoli and Pro Se
expressed various concerns.
At the request of staff, Item l-K was removed from the Consent Calendar.
Motion by Councilmember Genser. seconded by Councilmember McKeown,
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:
1
December 13, 2005
MINUTES
1120 21sT STREET
1311 CENTINELA
AGREENLENTS.NDLLS
ACT
CLEANING SERVICES.
BBB
PAINTINGIBODY
REPAIRS.BBB
AYES:
Councilmembers Genser, Holbrook, McKeown. Bloom,
Mayor O'Connor
None
Councilmember Shriver, Mayor Pro Tern Katz
NOES:
ABSENT:
I-A: The minutes ofthe October 26, November 1, November 2,
November 8, and November 14,2005, City Council meetings, were
approved as submitted.
I-B: Resolution No. 10088 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL TRACT MAP 53015
FOR A 5-l!NlT CONDOMINIUM PROJECT AT 1120 21ST STREET,"
was adopted.
l-C: Resolution No. 10089 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL TRACT MAP 53800
FOR AN 8-UNIT CONDOMINIUM PROJECT AT 1311 CENTINELA
AVENUE," was adopted.
I-D: Mills Act Historical Property agreements with owners of various
designated City Landmarks and Contributing Structure to the Third
Street Neighborhood - recommendation that Council adopt eight
respective Resolution Nos. 10090 to 10097 (CCS), and authorize the City
Manager to execute Agreement Nos. 8533 to 8540 with owners of
properties located at 331 Palisades Avenue; 710 Adelaide Place; 1911 La
Mesa Drive; 1333 Ocean Avenue; 1337 Ocean Avenue; 2619 3rd Street;
404 Georgina; and 142 Adelaide Drive, was approved.
l-E: Big Blue Bus Yard cleaning services - recommendation to award
Bid No. 2893 to the Resource Collection, at specified labor rates, to provide
various cleaning services at the bus yard for the Big Blue Bus Department,
was approved.
I-F: Big Blue Bus painting and body repair services -
recommendation to award 60% of anticipated work for Bid No. 2894 to
Carlos Guzman, Inc.; 30% of anticipated work to Smith & Hartford Coach
Works; and 10% of anticipated work to Westway Industries, at specified
prices for painting and body repair services, was approved.
DETAILING SERVICES - I-G: Big Blue Bus detailing services - recommendation to award Bid
BBB No. 2895 to Uniserve Facilities Services, at specified unit prices to provide
detailing services for transit coaches, was approved.
2
December 13, 2005
TRANSMISSIONS - BBB
WATERSHED
PROTECTION PLAN
CONFLICT OF
INTEREST CODE
HOMELESS ISSUES -
REPRESENTATIVE
I-H: Big Blue Bus transmissions - recommendation to award Bid No.
2892 to S&J Chevrolet, Inc., at specified unit prices, to provide
remanufacturing service of Allison transmissions, was approved.
1-1: Watershed Protection Plan and endorsement of community
polling for possible ballot measure - recommendation to authorize the City
manager to negotiate and execute an amendment to existing Contract No.
8164 (CCS) with Brown and Caldwell, in the amount of $35,000, to
complete a draft Watershed Protection Plan; and, endorse joint polling with
the City of Calabasas to determine willingness of each community to fund
measures required to achieve clean beaches and coastal waters, was
approved.
I-J: ConOict of Interest Code amendment - recommendation to adopt
Resolution No. 10098 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA REPEALING RESOLUTION NO. 9930 (CCS),
AND AMENDING THE CITY'S CONFLICT OF INTEREST CODE TO
REVISE THE DESIGNATED POSITIONS FOR WInCH STATEMENTS
OF ECONOMIC INTERESTS ARE REQUIRED TO BE FILED," was
approved.
l-K: Representative on Homeless Issues - Agreement -
recommendation to authorize the City Manager to negotiate and execute a
contract with Edmund D. Edelman, in the amount of $200,000, for services
as the City's representative on homeless issues; and appropriate the funds, as
proposed.
Acting City Manager Gordon Anderson advised he removed this item from
the Consent Calendar in order to introduce former L.A. County Supervisor
Edmund Edelman to the City Council.
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, Genser,
Mayor O'Connor
None
Councilmember Shriver, Mayor Pro Tern Katz
NOES:
ABSENT:
Council member Shriver and After the vote, Former Supervisor Edelman introduced himself to
Mayor Pro Tern Katz Councilmembers and the audience, spoke briefly about his plans for the
arrived at 6:04 p.m. project, and thanked Council for the appointment.
3
December 13,2005
CLOSED SESSIONS:
On order of the Mayor, the City Council recessed at 6:08 p.m. to hear
closed sessions and returned at 7:04 p.m., to report the following:
2-A: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Baron & Budd. P.C.. Case No., BC 315186.
ACTION:
Matter was heard; no reportable action was taken.
2-B: Conference with Legal Counsel- Existing Litigation: Gloria
George v. City of Santa Monica, Case No. SC 080 914.
Motion by Mayor Pro Tern Katz. seconded by Councilmember Holbrook, to
approve settlement in this trip and fall case in the amount of $120,000. 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:
Motion by Mayor Pro Tern Katz. seconded by Councilmember Bloom, to
approve the appropriation from Account No. 56232.522010. 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:
2-C: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. City oeLos Angeles (Playa Vista). Case No. BS 093
502.
ACTION:
Matter heard; no reportable action was taken.
2-D: Conference with Legal Counsel - Existing Litigation: Toni
Kalili v. City of Santa Monica, Case No. SC 083 051.
ACTION:
Matter was not heard.
4
December 13, 2005
2-E: Conference with Legal Counsel- Existing Litigation: Hong Yui
Choi v. City of Santa Monica, Case No. SC 086 778.
ACTION:
Matter heard; no reportable action was taken.
2-F: Conference with Legal Counsel - Existing Litigation: In re
Adelphia Communications Corporation. et al.. USBC. Southern
District of New Yor~ Case No. 02-41729 (REG).
ACTION:
Matter heard; no reportable action was taken.
2-G: Conference with Legal Counsel - Existing Litigation: Roberta
Cohan v. City of Santa Monica. Case No. SC 083 448.
ACTION:
Matter was not heard.
2-H: Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9(b): One case related to the use of
Airport Avenue by Santa Monica College for its Bundy Campus.
On order of the Mayor, action taken on this item was reported at the end of
the meeting.
SPECIAL ITEMS:
4-A: InstaUation of new Mayor and of Mayor Pro Tern.
Mayor O'Connor provided brief comments and expressed her appreciation
for the opportunity to serve as Mayor. Councilmembers thanked Mayor
O'Connor for her service as Mayor.
Mayor O'Connor adjourned the City Council as presently constituted.
Newly installed Mayor Holbrook assumed the Chair and asked the City
Clerk to call the roll of the new City Council.
ROLL CALL:
Present: Mayor Robert Holbrook
Mayor Pro Tern Bobby Shriver
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Pam O'Connor
Councilmember Kevin McKeown
Councilmember Herb Katz
5
December 13,2005
CONTINUED ITEMS:
5-A: Annual Review of the City's Coordinated Plan for Homeless
Services -recommendation to hold a public hearing, receive and file the
report; accept a grant in the amount of$948,907 from the U.S. Department
of Housing and Urban Development - Housing for People Who are
Homeless and Addicted to Alcohol; and approve the proposed budget
changes and appropriation, was presented.
The following members of the public spoke in support of the
recommendation: Joey Fullmer, Seth Jackson, Jan Ludwinski, Joe Natoli"
Jerry Rubin, John Maceri, Rhonda Meister, Gail O'Neil, Arthur Harris, Lisa
Fisher, Nicholas Vrataric, R. Walburger, A.I. Santos Chong, John Cleland,
Ken Schowlaw, Tod Lipka, Andrew Parker, Richard Robinson, and M.
Ross.
The following members of the public spoke in support of outdoor feeding
programs: Christina Schanes, Ron Taylor, Peggy Lee Kennedy, and Paul
Grynmkowski.
Motion by Councilmember Bloom. seconded by Councilmember McKeown,
to approve staff recommendation.
Motion to amend by Councilmember O'Connor, that the motion take into
consideration all the comments made by Councilmembers, including looking
at the sober housing model. The motion was accepted as friendly.
Motion to amend by Councilmember McKeown, to look at Big Blue Bus
and Swashlock as possibilities to add a feeding area and make it available to
non-profits, instead of using the parks, and that are close to a location linked
to social services. The motion was accepted as friendly.
Motion to amend by Mayor Pro Tern Shriver, to ask the City Attorney's
office to study governance structure and/or potential State legislation. The
motion was accepted as friendly.
The main motion, as amended, was approved by the following vote:
AYES:
Councilmembers Bloom, Katz, McKeown, O'Connor,
Genser, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
6
December 13, 2005
ADMIN. ITEMS:
APPEAL - 1248-1260
18TH STREET
STAFF ITEMS:
REDEVELOPMENT
AGENCY-ANNUAL
REPORT
6-A: Appeal of Planning Commission's approval of CUP and
Variance at 1248-1260 18th Street for Unitarian Universalist
Community Church - recommendation to deny appeal and uphold
Planning Commission's approval of the project based upon the proposed
findings and conditions of approval, was presented.
Members of the public Charlie Haskell, Allison Kendall and Chris Harding
spoke in support of the project.
Member of the public Y oolie Chong spoke in support of the appeal.
Motion by Councilmember Katz, to deny the appeal and uphold the Planning
Commission's decision. Motion died for lack of a second.
Motion by Councilmember GenseL seconded by Councilmember O'Connor,
to deny the project and grant the appeal based on the inability to make
finding "C," and that finding "B" is inaccurate, as approval ofthe project in
its current form will have a detrimental effect.
Substitute motion by Councilmember Bloom. seconded by Councilmember
Katz, to deny appeal, and add a condition to require 12 more parking spaces
within 1,000 feet, that are satisfactory to stafT, including the findings in the
staff report, particularly No.9, that cites land use objective to improve the
quality of life for all residents by providing a balance of land uses consistent
with: (1) recognizing that the City is part of a metropolitan area with
regional social problems, and (2) protecting the quality oflife in all
residential neighborhoods. The substitute motion was approved by the
following vote:
AYES:
Councilmembers Katz, Bloom, Mayor Pro Tern Shriver,
Mayor Holbrook
Councilmembers Genser, O'Connor, McKeown
None
NOES:
ABSENT:
On order of the Mayor, the regular City Council meeting recessed to a joint
meeting with the Redevelopment Agency at II :00 p.m., with all members
present.
SPECIAL JOINT MEETING WITH REDEVELOPMENT AGENCY:
8-A: Annual Report for FY 2004-2005 for the Redevelopment Agency
- recommendation that Council receive and file the report and authorize the
City Manager to report to the L.A. County Auditor-Controller; and that the
7
December 13, 2005
CIVIC CENTER
VILLAGE
ADJOURNMENT OF
JOINT MEETING
LAND USE AND
CIRCULATION
Redevelopment Agency direct the Executive Director to transmit the report
to the State Controller, was presented.
There was no one present for public comment.
Motion by Councilmember O'Connor, seconded by Councilmember
McKeown, to approve staff recommendation. The motion was approved by
the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
8-B: Selection of Civic Center Village Developer-Design Team,
consideration of building heights, and community design process -
recommendation that the Redevelopment Agency authorize the Executive
Director to negotiate and execute a contract with The Related Companies of
California as the developer-design team for the project; and that the City
Council permit the Related Companies of California to explore with the
community a building height to achieve the 325 residences, and direct staff
to identify a community engagement process for the design of the project,
was presented.
Staff replied to questions from Councilmembers related to additional
information that should have been provided in the staff report related to a
financial analysis ofthe project and the details ofbid(s). Considerable
discussion ensued on the kind of information needed by Councilmembers to
be able to take action on this kind of project.
Motion by Mayor Pro Tern Shriver. seconded by Councilmember Katz, to
table this matter, in order to provide staff time to return with adequate
information. The motion was unanimously approved by voice vote, with all
members present.
On order of the Mayor, the City Council adjourned the special joint meeting
and reconvened its regular Council meeting at 11 :37 p.m., with all members
present.
8-C: Land Use and Circulation Element draft alternatives and
performance measures - recommendation that Council review proposed
alternatives and give direction to staff for further study.
8
December 13,2005
On order of the Mayor, this matter was continued to January 10, 2006.
WRITTEN REQUESTS: 12-A: Request of Nancy Sarnoff to address Council to ask for
assistance in obtaining either a permit or a business license to allow her
to continue with her non-profit volunteer work of finding homes for
homeless dogs, was presented.
COUNCIL ITEMS:
SENIOR COMMUNITY
COMMISSION
PRC
SOCIAL SERVICES
COMMISSION
Members of the public Nancy Carter, Brooke Eaton, and Simone Patterson
spoke in support ofthe request.
Motion by Councilmember McKeown.. seconded by Councilmember Katz,
to direct staff to make a change in the code that will allow this use to
resume; and to not pursue enforcement, giving staff leeway to return with a
couple of options. The motion was unanimously approved by voice vote,
with all members present.
13-A: Appointment to one special vacancy on the Commission for the
Senior Community for a term ending June 30, 2007.
On order of the Mayor, the floor was opened for nominations.
Mayor Holbrook nominated David Joshua Staub. There being no other
nominations, Mr. Staub was appointed by acclamation, with all members
present.
13-B: Appointment to three annual vacancies on the Pier Restoration
Corporation with terms ending November 10, 2009.
On order of the Mayor, the floor was opened for nominations.
Councilmember Genser nominated Brenda Katz and Sandra Pettit. There
being no other nominations, Ms. Katz and Ms. Pettit were appointed by
acclamation, with all members present.
On order of the Mayor, the remaining vacancy was continued to January 10,
2006.
13-C: Appointment to one special vacancy on the Social Services
Commission for a term ending June 30,2007.
On order of the Mayor, the floor was opened for nominations.
9
December 13, 2005
RECREATION AND
PARKS COMMISSION
CLARIFICA TION OF
MOTION - SMC BUNDY
CAMPUS
PUBLIC INPUT:
CLOSED SESSIONS
Councilmember Bloom nominated Brian Buchner. There being no other
nominations, Mr. Buchner was appointed by acclamation, with all members
present.
13-D: Appointment to one special vacancy on the Recreation and
Parks Commission for a term ending June 30, 2009.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Ted Winterer
Councilmember Genser nominated Richard McKennon.
Mr. Winterer was appointed by the following vote:
Ted Winterer: Councilmembers Katz, McKeown, Mayor Pro Tern Shriver,
Mayor Holbrook
Richard McKennon: Councilmembers Bloom, Genser, O'Connor
Councilmembers Bloom, Genser, and O'Connor requested to change their
votes to Mr. Winterer, thereby appointing Mr. Winterer by acclamation.
l3-E: Request of Council member Holbrook and Mayor Pro Tern Katz
that Council clarify the intent of the motion voted upon at the
November 8th meeting approving temporary egress on Douglas Loop,
into the Santa Monica College's Bundy Campus, as it relates to the
duration of the College's waiver of their claim to a legal right.
On order of the Mayor, this matter was continued.
Member of the public Art Casillas expressed concerns regarding the Police
Department.
On order of the Mayor, the City Council recessed at 12:00 a.m., to consider
closed session, and reconvened at 12:20 a.m., to report the following:
2-H: Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9(b): One case related to the use of
Airport Avenue by Santa Monica College for its Bundy Campus.
Motion by Councilmember McKeown. seconded by Councilmember Katz,
that the City of Santa Monica allow exit-only access from the Santa Monica
College Bundy Campus onto Airport Avenue, with only a right turn toward
10
December 13,2005
Bundy allowed~ that Santa Monica College pay for necessary improvements,
and indemnify the City of Santa Monica against possible liabilities~ that this
specified access be for seven months, to allow the City of Los Angeles time
to install an appropriate traffic signal along Santa Monica College's Bundy
frontage~ that the City of Santa Monica accepts Santa Monica College's
agreement, regarding what Santa Monica College may have considered
potential legal claims against the City of Santa Monica, to let the statute of
limitations on such claims expire without litigation; and that the City of
Santa Monica expresses a willingness to continue to work in mutual good
faith with Santa Monica College after the seven months to assure the safety
of students and an ongoing cooperative relationship between the City and
the College. The motion was approved by the following vote:
AYES:
Councilmembers Bloom, Katz, McKeown, Genser,
O'Connor, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:11
a.m., in memory offormer Los Angeles City Councilman Marvin Braude,
the Reverend Mineo Katagiri, and Senator Eugene McCarthy.
ATTEST:
~~~
Maria M. Stewart
City Clerk
n;~~
Robert T. Holbrook
Mayor
11
December 13, 2005