M-2/14/2006
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 14, 2006
A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at
5:59 p.m., on Tuesday, February 14,2006, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Robert T. Holbrook
Mayor Pro Tem Bobby Shriver (arrived at 6:30 p.m.)
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:25 p.m.)
Absent:
Councilmember Herb Katz
Also Present: City Manager P. Lamont Ewell
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 Mayor
Pro Tern Shriver, and Councilmembers O'Connor and Katz absent. Mayor
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 and Joe Natoli made comments related
to Consent Calendar items. Member of the public Ralph Mechur spoke in
favor of delaying approval ofItem I-B.
At the request of Council member McKeown, Items I-B and l-L were
removed from the Consent Calendar.
Motion by Councilmember McKeown. seconded by Mayor Holbrook, to
approve all items on the Consent Calendar as presented except Items I-B
and l-L, reading resolutions by title only and waiving further reading
thereof The motion was approved by the following vote:
1
February 14,2006
MINUTES
1537 16TH STREET
VILLAGE AT CIVIC
CENTER
AYES:
Councilmembers Bloom, McKeown, Genser, Mayor
Holbrook
None
Councilmembers Katz, O'Connor, Mayor Pro Tem Shriver
NOES:
ABSENT:
I-A: The minutes of January 10 and January 24, 2006, City Council
meetings, were approved as submitted.
l-C: Resolution No. 10108 (CCS) entitled: "A RESOLUTION FO THE
CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO.
54268 FOR A FIVE-UNIT CONDOMINIUM PROJECT AT 1537 16TH
STREET," was adopted.
I-D: Contract amendment for consulting services related to the
Village at the Civic Center - recommendation to amend existing Contract
No. 8556 (CCS) with Keyser Marston Associates, in the amount of
$20,700, for additional assistance with development and financial analysis of
the project, was approved.
TEMPORARY SERVICES l-E: Temporary staffing services for various City Departments-
recommendation to authorize the Purchasing Agent to issue purchase orders
for contractual staffing services, for various City Departments, for an
estimated annual expenditure of $1 million, was approved.
TREE GRANTS
DOCUMENT IMAGING
COMMUNITY
CULTURAL PLAN
I-F: Green Treesfor the Golden State Grant Program-
recommendation to adopt Resolution o. 10109 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA APPROVING
AGREEMENT NO. 8557 (CCS) WITH THE CALIFORNIA
DEPARTMENT OF FORESTRY TO ACCEPT FUNDING FOR TREE
PLANTING GRANT FUNDS, AUTHORIZING THE CITY MANAGER
TO EXECUTE RELATED DOCUMENTS, AND APPROVE PROPOSED
APPROPRIATION OF GRANT FUNDS," was approved.
I-G: Permit and Plan Document Imaging Project - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8558
(CCS) with PC Imaging, in the amount of$750,000, to scan, index, and
import permit and plan document images, was approved.
I-H: Development of Community Cultural Plan to update Cultural
Arts Master Plan - recommendation to authorize the City Manager to
negotiate and execute Contract No. 8559 (CCS) with Cultural + Planning
Group, in the amount of $90,000, to develop a community cultural plan, was
approved.
2
February 14, 2006
EXPOSITION RIGHT-
OF-WAY
CIVIC AUDITORIUM
COOLING SYSTEM
DRY-WET WEATHER
RUNOFF
PAU-MOU
UNITARIAN UNIVER-
SALIST COMMUNITY
CHURCH
1-1: Resolution No. 10110 (CCS) entitled: "A RESOLUTION OF
INTENTION OF THE CITY OF SANTA MONICA DECLARING ITS
INTENTION TO CONSIDER AN AMENDMENT TO THE TEXT OF
THE ZONING ORDINANCE TO CREATE A TRANSPORTATION
PRESERVATION ZONING DISTRICT FOR THE EXPOSITION
RIGHT-Of-WAY, AND TO DIRECT THE PLANNING COMMISSION
TO INITIATE TIllS AMENDMENT," was adopted.
I-J: Civic Auditorium Cooling System - recommendation to authorize
the City Manager to negotiate and execute an amendment to Contract No.
8439 (CCS), with HEC Engineers and Contractors, in the amount of
$172,000, to upgrade the cooling system's electrical service at the Civic
Auditorium, was approved.
l-K: Designation of Project Director for Wilshire Dry-Wet Weather
RunotTDiversion - recommendation to adopt Resolution No. 10111 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANGER TO DESIGNATE A PROJECT
DIRECTOR FOR THE GRANT CONTRACT WITH THE STATE OF
CALIFORNIA WATER RESOURCES BOARD fOR CONSTRUCTION
Of THE WILSHIRE DRY-WET WEATHER RUNOFF DIVERSION
PROJECT," was approved.
I-M: Resolution No. 10112 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
PUBLIC ATTORNEYS UNION," was adopted.
I-B: Approval of Statement of Official Action for action taken on
appeal for the expansion of the Unitarian Universalist Community
Church of Santa Monica at 1248-1260 18th Street, was presented.
Councilmember McKeown advised he removed this item from the Consent
Calendar based on public comment by a member of the public.
Motion by Councilmember McKeown.. seconded by Councilmember Genser
to continue this matter to allow staff time to confirm that the Statement of
Official Action accurately and completely reflects the action taken by
Council, and return as soon as possible. The motion was approved by the
following vote:
3
February 14,2006
VIDEO SECURITY
SYSTEM
CLOSED SESSIONS:
Councilmember 0 'Connor
arrived at 625 p.m.
Councilmember Shriver
arrived at 6:30 p.m.
TREE GRANTS -
RE-VOTE
AYES:
Councilmembers Genser, McKeown, Bloom, Mayor
Holbrook
None
Councilmembers O'Connor, Katz, Mayor Pro Tem Shriver
NOES:
ABSENT:
1-L: Public Video Security System - recommendation to authorize the
City Manager to negotiate and execute Contract No. 8560 (CCS) with
Federal Network Services, in the amount of$I,310,000, to increase security
in the Third Street Promenade and the Santa Monica Pier; and approve
proposed appropriation of funds, was presented.
Councilmember McKeown advised he removed this matter from the Consent
Calendar to ask questions related to the efficacy of the camera and privacy
issues. Staff responded to questions from Council.
Motion by Councilmember GenseL seconded by Councilmember Bloom,
amended to direct staff to return to Council with the policy on how images
will be collected and maintained, and their accessibility, for Council
approval.
After considerable discussion, and at the request of the Mayor, this matter
was tabled until the rest of the Councilmembers arrive, and because action
requires five votes.
On order of the Mayor, the City Council recessed at 6:30 p.m., to consider
closed sessions and reconvened at 8:00 p.m., with Councilmember Katz
absent.
On order of the Mayor, this matter was put for a vote again as it requires a
five- vote approval and the initial vote was approved with only four votes.
1- F: Green Trees for the Golden State Grant Program -
recommendation to adopt Resolution o. 10109 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA APPROVING
AGREEMENT NO. 8557 (CCS) WITH THE CALIFORNIA
DEPARTMENT OF FORESTRY TO ACCEPT FUNDING FOR TREE
PLANTING GRANT FUNDS, AUTHORIZING THE CITY MANAGER
TO EXECUTE RELATED DOCUMENTS, AND APPROVE PROPOSED
APPROPRIATION OF GRANT FUNDS," was presented.
4
February 14, 2006
VIDEO SECURITY
SYSTEM
REPORT - CLOSED
SESSIONS
Motion by Councilmember McKeown. seconded by Mayor Pro Tern
Shriver, to adopt resolution, reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
On order of the Mayor, the City Council returned to the discussion ofItem
l-L.
l-L: Public Video Security System - recommendation to authorize the
City Manager to negotiate and execute Contract No. 8560 (CCS) with
Federal Network Services, in the amount of$I,310,000, to increase security
in the Third Street Promenade and the Santa Monica Pier; and approve
proposed appropriation of funds.
Motion by Councilmember GenseL seconded by Councilmember Bloom,
amended to direct staff to return to Council with the policy on how images
will be collected and maintained, and their accessibility, for Council
approval.
Motion to amend by Councilmember McKeown, to include for Council
consideration an explanation of and possible ways to prevent use of the date
by other governmental agencies. Councilmember Genser advised he was in
agreement with additional information, although there may not necessarily
be solutions.
The motion, as amended, was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tem Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
On order of the Mayor, the City Attorney reported the following action
taken on closed sessions:
2-A: Conference with Legal Counsel - Existing Litigation: Baroun
Mehdipour v. City of Santa Monica, Case No. SC 083 537.
ACTION:
Heard. No reportable action taken.
5
February 14, 2006
STUDY SESSION:
HOMELESS UPDATE
REPORT
2-B: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. P.c., Case No. BC 315186.
ACTION:
Heard. No reportable action taken.
2-C: In the Matter of Co~pliance with Federal Obligations (Airport
RSA Standards), FAA Docket No. 16-02-08.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel - Anticipated Litigation.
Anticipate significant exposure to litigation pursuant to Governmen t
Code Section 54956.9(b): three matters, including claim of JCC
relating to state housing law and the City's Affordable Housing
Production Ordinance; claim of Palisades Beach Road Property
Owners' Association that proposed renovation of 415 PCH conflicts
with Proposition S; and Notices of Violation issued by the SCAQMD in
connection with the Library Project.
The City Attorney advised of a settlement with the SCAQMD related to the
Library project.
Motion by Councilmember O'Connor. seconded by Councilmember Genser,
to approve Settlement Agreement No. 8561 (CCS) reached by all parties,
wherein the various City contractors will pay the fine issued by the
SCAQMD in the amount of $256,000, the City will be a signator to the
agreement although the City will not pay any of the fine, and authorization
for the City Manager to sign agreement and related documents. The motion
was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
3-A: Homeless Update Report.
Former County Supervisor Ed Edelman, and City's consultant on homeless
issues, provided a status report on the City's efforts for a regional approach
to the matter, including a recent trip to New York City to study that City's
efforts.
On order of the Mayor, the information was received and filed.
6
February 14, 2006
CONTINUED ITEMS:
5-A: Review Mid-Fiscal Year 2005/06 Budget Status and
consideration of Community Priorities - recommendation to approve
budget changes and expenditure appropriations; adopt Resolution No.
10113 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA ESTABLISIDNG VARIOUS CLASSIFICATIONS AND
SALARY RATES; APPROVE POSITION AND CLASSIFICATION
CHANGES; AND PROVIDE DIRECTION TO STAFF FOR
DEVELOPMENT OF FY 2006/07 BUDGETS AND WORK PLANS,
INCLUDING COMMUNITY PRIORITIES," was presented.
The following members of the public spoke in support of funding for various
programs including, but not limited to child care, Senior care, meals-on-
wheels, dog beaches, parking, the Symphony Orchestra, the Arts, and youth:
Pro Se, Joey Fullmer, Cindy Carey, GeOlja Umano Jones, Gerald Jones,
Dolo Brooking, Emma Forman, Daryl Barret, Rosemary Regalbuto, Nat
Trives, Cameron Whiteman, Cass Cassidy, Jan Williamson, Clayton
Campbell, Shari Davis, Russell Sydney, Joe Gershen, Jerry Rubin, Zina
Josephs, Robin Munez, R Freeman, Bruria Finkel, Laura Rosenbaum, Oscar
de la Torre, Alejandro Rodriguez, Alberto Casas, William Ruiz, Ruben
Pacheco, Marcus Kinland Nazario, Flavia de Mello, Patti Oblath, Linda
Gordon, Bob Taylor, Margarete Fan, Michael Feinstein, Dr. Solemon,
Jeanne Dodson, Jan Ludwinski, Arthur Harris, Larry Skuce, Brenda Sutton-
Wills, and Ana Maria Jara.
Discussion ensued on issues raised under public comment.
Motion by Councilmember Genser, duly seconded, that Council direct staff
to work with 18th Streets Art Center to look for ways to re-finance their
debt and/or redevelop their property; and to return to Council with an item
for substantial funding of the new Meals-on-Wheels, out of Council's
discretionary fund or a better source offunds. The motion was unanimously
approved by voice vote, with Councilmember Katz absent.
Motion by Councilmember GenseL seconded by Councilmember McKeown,
to direct staff to return with information on the status of a Santa Monica
dog beach, and with a letter of support to the State Legislature regarding the
dog beach experiment at Dockweiler State Beach. The motion was
unanimously approved by voice vote, with Councilmember Katz absent.
Motion by Councilmember O'Connor, seconded by Councilmember Bloom,
to approve recommendation. The motion was approved by the following
vote:
7
February 14, 2006
ORDINANCES:
RESTAURANT USES
DENSITY BONUS
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tem Shriver, Mayor O'Connor
None
Councilmember Katz
NOES:
ABSENT:
7-A: Second reading and adoption of Ordinance No. 2175 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 9 OF THE MUNICIPAL CODE TO
ESTABLISH A DISCRETIONARY REVIEW PROCESS TO
REGULATE THE CONVERSION OF ANY PORTION OF A
RESTAURANT USE OF ANY ASSOCIATED RECREATIONAL OR
ENTERTAINMENT USE TO A NEW OR EXPANDED RETAIL USE
LOCATED ON THE GROUND FLOOR LEVEL ADJACENT TO THE
THIRD STREET PROMENADE," was presented.
Motion by Councilmember McKeown. seconded by Councilmember
O'Connor, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tern Shriver, Mayor O'Connor
None
Councilmember Katz
NOES:
ABSENT:
7-B: Second reading and adoption of Interim Ordinance No. 2176
(CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY OF
SANTA MONICA MODIFYING THE CITY'S DENSITY BONUS AND
AFFORDABLE HOUSING INCENTIVES IN ACCORDANCE WITH
STATE DENSITY BONUS LAW," was presented.
Motion by Councilmember O'Connor. seconded by Mayor Pro Tern Shriver,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tem Shriver, Mayor O'Connor
None
Councilmember Katz
NOES:
ABSENT:
8
February 14, 2006
ADELPHIA CABLE
COUNCrr. ITEMS:
PIER RESTORATION
CORPORATION
TRANSITIONAL
WORKER RETENTION
7-C: Second reading and adoption of Ordinance No. 2177 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
APPROVING AND CONSENTING, SUBJECT TO CERTAIN
CONDITIONS, TO THE TRANSFER OF CONTROL OF CENTURY-TCI
CALIFORNIA, LP FROM ADELPHIA COMMUNICATIONS
CORPORATION TO COMCAST CABLE HOLDINGS, LLC AND TO
THE TRANSFER OF OWNERSIDP AND CONTROL OF CAC I, LLC
FROM COMCAST CABLE HOLDINGS, LLC TO TIME WARNER
CABLE, INC.," was presented.
Motion by Councilmember O'Connor. seconded by Councilmember
McKeown, to adopt the ordinance, reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Bloom,
Mayor Pro Tern Shriver, Mayor O'Connor
None
Councilmember Katz
NOES:
ABSENT:
13-A: Appointment to one annual vacancy on the Pier Restoration
Corporation for a term ending November 10, 2009.
On order of the Mayor, this matter was continued to February 28,2006.
13-B: Request of Councilmember McKeown that the Council direct
staff to prepare an ordinance requiring a transitional worker retention
period when grocery stores undergo a change of ownership control, so
as to protect from sudden job displacement Santa Monica's grocery
store workers, many of whom are long-time community members, and
so as to ensure the welfare of Santa Monicans through the maintenance
of grocery store health and safety standards by experienced employees,
was presented.
Members of the public Jesse Gonzalez, Gayle Gonzalez, Genise Schnitman,
Ana 1. Jara and Ana M. Jara spoke in support of the request.
Member of the public Jennifer Forkish spoke in opposition of the request.
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to approve request. The motion was unanimously approved by voice vote,
with Mayor Pro Tem Katz absent.
9
February 14,2006
SECOND-HAND SMOKE
Councilmember 0 'Connor
was excused at 11:44 p.m.
LATINA YOUTH
CONFERENCE
Mayor Pro Tern Shriver was
excused at 12:03 a.m.
RESIGNATION
13-C: Request of Councilmember Bloom that the City Council dired
staff to review the recent California Air Resources Board (CARB)
report and action on second-hand smoke and report back to Council
with a summary that includes discussion of implications for residents,
visitors and employees of Santa Monica. The CARB unanimously
adopted a regulatory amendment identifying environmental tobacco
smoke (ETS), also known as secondhand smoke, as a toxic air
contaminant (TAC). A TAC is defined as an air pollutant which may
cause or contribute to an increase in deaths or in serious illness, or
which may pose a present or potential hazard to human health. It is
also requested that staff be directed to review recent legislation
regarding second-hand smoke in other jurisdictions and that staff
return to Council with a summary of measures that the Council might
consider to respond to the findings of the CARB report and action,
including, but not limited to, legislation regarding second-hand smoke
in common areas of buildings and public spaces, perimeters of private
buildings, etc., was presented.
Members of the public Jerry Rubin, Robert Donin, Esther Schilles, Regina
Harcourt, Sharon Miller, Robert Berger and Ellen Cheng spoke in support
of the request.
Motion by Councilmember Bloom, seconded by Mayor Pro Tern Shriver, to
approve request. The motion was unanimously approved by voice vote,
with Councilmembers O'Connor and Katz absent.
13-D: Request by Councilmember McKeown that the Council, from
its discretionary Fund, grant $1000 in matching funds to help sponsor
the Latina Youth Conference, promoting academic and life goal
achievement for young women in grades 8-12, to be held Saturday,
March 25th at Santa Monica College, was presented.
Members of the public Ana Maria Jara and Isabel Aranda spoke in support
of the request.
Motion by Councilmember McKeown, seconded by Councilmember Genser,
to approve request. The motion was unanimously approved by voice vote,
with Councilmembers O'Connor, Katz, and Mayor Pro Tern Shriver absent.
13-E: Acceptance of Kelly Hayes-Raitt's letter of resignation from the
Commission on the Status of Women, and authorization for City Clerk
to publish vacancy, was presented.
10
February 14, 2006
There was no one present for public comment.
Motion by Mayor Holbrook. seconded by Councilmember McKeown, to
approve recommendation. The motion was unanimously approved by voice
vote, with Councilmembers O'Connor, Katz, and Mayor Pro Tern Shriver
absent.
RESIGNA nON
13-F: Acceptance of D. Joshua Staub~s letter of resignation from tile
Commission for the Senior Community~ and authorization for City
Clerk to publish vacancy.
Motion by Mayor Holbrook. seconded by Councilmember Genser, to
approve recommendation. The motion was unanimously approved by voice
vote, with Councilmembers O'Connor, Katz, and Mayor Pro Tem Shriver
absent.
"BOOTLEG" RENTAL
UNITS
13-G: Request by Councilmember Genser that the Council direct City
statTto initiate an amendment to Interim Ordinance 2149 (CCS) to
permit the legalization of an unpermitted ("bootleg") rental unit wilen
the Rent Control Board determines the unit to have been rented on
April 10, 1979~ and provided that the unit meets the habitability and
development provisions of the Interim Ordinance, was presented.
There was no one present for public comment.
Motion by Councilmember GenseL seconded by Councilmember McKeown,
to approve recommendation. The motion was unanimously approved by
voice vote, with Councilmembers O'Connor, Katz, and Mayor Pro Tern
Shriver absent.
PUBLIC INPUT:
Members of the public Pro Se, Rhonda Harper and Art Casillas commented
on vanous lssues.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:20
a.m., in memory of actor Chris Penn.
~~
Maria M. Stewart
City Clerk
APPROVED:
,4~;~<--
Robert T. Holbrook
Mayor
11
February 14,2006