M-6/22/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 22, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5: 47
p.m., on Tuesday, June 22,2004, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein (arrived at 6:35 p.m.)
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Herb Katz (arrived at 6:00 p.m.)
Councilmember Pam O'Connor
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 5:47 p.m., with
Councilmembers Feinstein and Katz absent. Lucy Dyke, Transportation
Planning Manager, 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 Chuck Allord made comments
relative to Consent Calendar items.
At the request of Councilmember Genser, Item I-A was removed from the
Consent Calendar. At the request of Councilmember Holbrook, Item I-E
was removed from the Consent Calendar.
Motion by Councilmember O'Connor. seconded bv Mayor Pro Tern
McKeown, to approve all items on the Consent Calendar as presented
except Items I-A and I-E, reading resolutions and ordinances by title only
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June 22, 2004
and waiving further reading thereof. The motion was approved by the
following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Holbrook, Katz
NOES:
ABSENT:
AMBULANCE
PURCHASE
I-B: Purchase of Lifeline Ambulance - recommendation to award
purchase Agreement No. 8354 (CCS) to Lifeline Ambulance, Inc., in the
amount of$129,810.15, to furnish and deliver one ambulance for the Fire
Department, was approved.
GRANT FUNDS
l-C: Resolutions authorizing grant agreements with the State Water
Resources Control Board - recommendation to adopt Resolution No.
9957 (CCS) entitled "A RESOLUTION OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE GRANT AGREEMENT NO. 8355 (CCS) WITH THE
STATE OF CALIFORNIA FOR BEACH PARKING LOT INSTALLA-
TION OF URBAN RUNOFF TREATMENTS," Resolution No. 9958
(CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE GRANT AGREEMENT NO. 8356 (CCS) WITH THE STATE
OF CALIFORNIA FOR CENTINELA BASIN INSTALLATION OF
URBAN RUNOFF TREATMENTS," and Resolution No. 9959 (CCS)
entitled "A RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE GRANT AGREEMENT NO. 8357 (CCS) WITH THE STATE
OF CALIFORNIA FOR 16m STREET SUB-WATERSHED WATER
QUALITY IMPROVEMENT, was approved.
WOODLAWN
CEMETERY
I-D: Woodlawn Cemetery Mausoleum Office Addition-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8358 (CCS) with AWI Builders, Inc., in the amount of
$523,480, for construction of the project, was approved.
PARKING
I-F: Downtown, Pier and Beach Parking Operations-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8360 (CCS) with Parking Concepts, Inc., for a total of
$2,446,700, for consolidated off-street parking, including Santa Monica
Place and the Main Library, was approved.
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June 22, 2004
COMMUNITY ENERGY
PARTNERSHIP
I-G: Resolution No. 9960 entitled: "A RESOLUTION OF THE CITY
OF SANTA MONlCA AUTHORIZING THE CITY MANAGER TO
ENTER INTO A :MEMORANDUM OF UNDERSTANDING WITH THE
CALIFORNIA ENERGY COALITION AS THE FIRST STEP TO
COMMENCE THE COMMUNITY ENERGY PARTNERSHIP," was
adopted.
URBAN RUNOFF
I-H: Urban Runoff Best Management Practice System-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8362 (CCS) with the Metropolitan Water District of Southern
California to accept $23,000 in grant funds to install a demonstration urban
runoff system, was approved.
TRANSIT MALL
PROJECT
I-A: Design of Pedestrian Extension to the Downtown Transit Mall
Project - recommendation to authorize the City Manager to negotiate and
execute Contract No. 8353 (CCS) with Zimmer Gunsul Frasca Partnership,
in the amount of $483,000, for design services for the Pedestrian Extension
Project on 2nd and 4th Streets between Wilshire Boulevard and Colorado
Avenue, was presented.
Councilmember Genser advised he removed this item from the Consent
Calendar because of his concerns for the process on how the City selects
architects for the City's projects. Staff responded to questions of staff and
provided additional information.
Motion by Councilmember O'Connor. seconded by Mayor Pro Tern
McKeown, to approve staff recommendation.
AYES:
Councilmembers Genser, Holbrook, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Katz, Feinstein
NOES:
ABSENT:
SAMOSHEL UPGRADE 1-E: Samoshel Facility Upgrade - recommendation to authorize the
City Manager to negotiate and execute Contract No. 8359 (CCS) with AWl
Builders, Inc., in the amount of $441,020, for construction of the project,
was presented.
Councilmember Holbrook advised that he removed this item from the
Consent Calendar because although the shelter began as a temporary project
ten years ago and he voted in favor of it, it has now become a permanent
regional facility and has not reduced the number of homeless people in Santa
Monica, and he is no longer in support of the proposal.
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June 22, 2004
Motion by Councilmember O'Connor. seconded by Councilmember Genser,
to approve staff recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers Genser, O'Connor, Mayor Pro Tern
McKeown, Mayor bloom
Councilmember Holbrook
Councilmembers Katz, Feinstein
NOES:
ABSENT:
CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:00 p.m., to consider
closed sessions and returned at 7:30 p.m., with all members present, to
Council member Katz arrived report the following action taken:
at 6:00 p.m.
Councilmember Feinstein
arrived at 6:35 p.m.
2-A: Conference with Legal Counsel
Conference with real property negotiator:
Property: 160114th Street
City negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: Riverstone LLC
ACTION:
No reportable action taken.
2-B:Conference with Legal Counsel- Existing Litigation: AB Cellular
LA. LLC dba AT&T Wireless v. City of Santa Monica, Case No.
SACV 04-0378 JVS.
ACTION:
No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation: Los
Angeles SMSA. a limited partnership. dba Verizon Wireless v. City of
Santa Monica, Case No. SC 079139.
ACTION:
No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: David
Levy. et al. v. City of Santa Monica. Case No. 063147.
ACTION:
Not heard.
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June 22, 2004
2-E: Conference with Legal Counsel- Existing Litigation: Abraham
Supino v. City of Santa Monica, Case No. SC 080 283, and related
cases.
ACTION:
No reportable action taken.
2-F: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. P.c.. etal., Case No. BC 315 186.
ACTION:
No reportable action taken.
2-G: Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Three.
ACTION:
Two cases heard. No reportable action taken.
2-H: Conference with Legal Counsel- Existing Litigation: Brock v.
City of Santa Monica, Case No. SC070736.
ACTION:
No reportable action taken.
MATTER HEARD OUT Motion by Councilmember Katz. seconded by Councilmember Holbrook, to
OF ORDER ON AGENDA next hear item 8-B, out of order of the listed agenda. The motion was
unanimously approved by voice vote.
COLLEGE BOND
MEASURE
8-B: Consideration of a proposal by Santa Monica College for a
$175M November 2004 bond measure partnering the College, the City
of Santa Monica, the City of Malibu and the Santa Monica-Malibu
Unified School District - recommendation that Council consider the
College presentation of potential bond measure, hold discussion and provide
direction to staff and City representatives on the Liaison Committee, was
presented by Dr. Piedad Robertson, Superintendent, Santa Monica City
College.
Members of the public Ed Moosbrugger and Brian Hutchings commented on
the proposed measure.
Motion by Councilmember Katz. seconded by Councilmember Feinstein, to:
refer discussion to the College Liaison Committee to further crystallize
proposals prior to the College Board considering the matter; ask staff to
look as to whether there is a legal vehicle to assure that the partnership
dollars be spent on true partnership projects; ask staff to work towards
refining the list of appropriate City projects should Council decide to move
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June 22, 2004
ORDINANCES:
RESTAURANTS
COUNCIL ITEMS:
ANNUAL
APPOINTMENTS -
CONTINUED
forward; and to ask the College Board to not make a decision until August.
The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT
7-A: Introduction and first reading of an ordinance amending
Chapter 9 of the Municipal Code to eliminate the numerical cap on
restaurants in the Bayside District and on the Promenade and to
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 Bayside Districts to be
administratively approved rather than requiring a CUP, to limit the
Promenade Frontage of any new or expanding retail use to fifty linear
feet unless a use permit is obtained, and expanding the vending cart
program in the City subject to a license agreement; and resolution
amending the Bayside District Specific Plan to eliminate the numerical
cap on restaurants in the Bayside District, allowing expanded outdoor
dining areas on the Promenade, and adding signage standard to allow
for signage for upper-level restaurants, was presented.
Members of the public Chuck Allord and Jerry Rubin spoke in opposition to
the proposed ordinance. Members of the public Joey Fullmer and Joe Natoli
commented on different aspects of the proposals.
On order of the Mayor, this matter was continued to July 13, 2004.
On order of the Mayor and with the consensus of Councilmembers, Item 13-
A to be heard next.
13-A: Annual and special vacancy appointments to the following
boards and commissions:
Airport Commission ~ 1 vacancy for a term ending 06/30/08.
Architectural Review Board - 2 vacancies for a term ending 06/30/08.
Bayside District Corporation ~ 1 vacancy for a term ending 06/30/08.
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June 22, 2004
Building and Safety Commission - 2 vacancies for a term ending
06/30/08.
Personnel Board: I special vacancy for a term ending 06/30/09; I annual
vacancy for a term ending 06/30/08; and 1 annual vacancy for a term ending
06/30/06.
Pier Restoration Corporation - 1 special vacancy for a term ending
11/08/05.
Social Services Commission - 2 vacancies for a term ending 06/30/08.
On order of the Mayor, and at the request of Councilmembers, the above
appointments were continued to July 13, 2004.
APPOINTMENTS:
ARTS COMMISSION
Arts Commission - 6 vacancies for terms ending 6/3/08.
On order of the Mayor, the floor was opened for nominations to the Arts
Commission.
Mayor Pro Tern McKeown nominated Lawrence Shapiro for a third term.
Mr. Shapiro was appointed by acclamation, with all mernbers'present.
Mayor Pro Tern McKeown nominated the remaining five incumbents: Elena
Allen, Julia Braun Kessler, Maya Emsden, Phyllis Green, and Jan
Williamson. The incumbents were reappointed by acclamation, with all
members present.
COMMISSION FOR THE Commission for the Senior Community - two annual vacancies for terms
SENIOR COMMUNITY ending 6/30/08; two Emeritus vacancies for terms ending 6/30/06; and two
special terms ending for 6/30/07.
On order of the Mayor, the floor was opened for nominations for the
Commission for the Senior Community.
Mayor Bloom nominated Mildred Rosenstein for one Emeritus vacancy.
Ms. Rosenstein was appointed by acclamation, with all members present.
Mayor Bloom nominated LaVerne Ross for a term ending 6/30/08, Nel
Steele for a term ending 6/30/08, and Al Weintraub for a term ending
6/30/07. The nominees were appointed by acclamation, with all members
present.
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June 22, 2004
COMMISSION ON THE
STATUS OF WOMEN
DISABILITIES
COMMISSION
On order of the Mayor, the remaining vacancy for a term ending 6/30/07
was continued to July 13, 2004.
Commission on the Status of Women - two annual vacancies and one
Emeritus vacancy.
On order of the Mayor, the floor was opened for nominations for the
Commission on the Status of Women.
Councilmember Feinstein nominated incumbent Andrea Lipton to a term
ending 6/30/08. Ms. Lipton was appointed by acclamation, with all
members present.
On order of the Mayor, the second annual vacancy was continued to July
27,2004. There being no applicants for the Emeritus vacancy, no
appointments were made.
Disabilities Commission - three vacancies for a term ending 6/30/08.
On order of the Mayor, the floor was opened for nominations to the
Disabilities Commission.
Councilmember Katz nominated Christofer Arroyo and Christopher Knauf
The nominees were appointed by acclamation, with all members present.
HOUSING COMMISSION Housing Commission - one vacancy with a term ending 6/30/08.
LANDMARKS
COMMISSION
On order of the Mayor, the floor was opened for nominations for the
Housing Commission.
Mayor Pro Tern McKeown nominated Lena Perelman. There being no other
nominations, Ms. Perelman was appointed by acclamation, with all members
present.
Landmarks Commission - two vacancies with terms ending 6/30/08.
On order of the Mayor, the floor was opened for nominations for the
Landmarks Commission.
Councilmember Feinstein nominated Barbara Kaplan. There being no other
nominations, Ms. Kaplan wa~ appointed by acclamation, with all members
present.
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June 22, 2004
LmRARY BOARD
PLANNING
COMMISSION
RECREATION &
PARKS
Motion by Councilmember Feinstein. seconded by Councilmember
O'Connor, to consider incumbent Barbara Levin as the Real Estate
Licensee, leave the at-large seat vacant, and direct the City Clerk to publish
the at-large vacancy. The motion was unanimously approved by voice vote,
with all members present.
On order of the Mayor, the second vacancy was continued to a future
meeting.
Library Board - one vacancy for a term ending 6/30/08.
On order of the Mayor, the floor was opened for nominations.
Councilmember Katz nominated Sheila Field. There being no other
nominations, Ms. Field was appointed by acclamatio~ with all members
present.
Planning Commission - two vacancies for terms ending 6/30/08.
Mayor Pro Tern McKeown nominated Julie Dad and Gwynne Pugh. There
being no other nominations, Ms. Dad and Ms. Pugh were appointed by
acclamation, with all members present.
Recreation & Parks Commission - three vacancies for terms ending .
6/30/08.
On order of the Mayor, the floor was opened for nominations.
Councilmember Katz nominated Phil Brock and Lori Nafshun. There being
no other nominations, Mr. Brock and Ms. Nafshun were appointed by
acclamation, with all members present.
On order of the Mayor, the third vacancy was continued to July 13, 2004.
RELOCATION BENEFITS On order of the Mayor, Item 7-C to be heard before Item 7-B.
COllncilmember Katz was
excused at 11:12 p.m.
7-C: Introduction and first reading of an ordinance of the City of
Santa Monica amending Chapter 4.36 of the Municipal Code to extend
relocation benefit to aU residents displaced by Ellis Act Evictions; and
adoption of Resolution No. 9961 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA ESTABLISHING THE AMOUNTS OF
THE PERMANENT RELOCATION FEES REQUIRED BY SANTA
MONICA MUNICIPAL CODE SECTION 4.36.040," was presented.
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June 22, 2004
UTILITY AND TELE-
COMMUNICATIONS
Council member Genser was
excused at 11:19 p.m.
Motion by Councilmember O'Connor. seconded by Councilmember
Holbrook, to introduce the ordinance, reading by title only and waiving
further reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor
None
Councilmember Katz
NOES:
ABSENT:
Motion by Mavor Pro Tern McKeown. seconded by Councilmember
F einstem, to adopt resolution reading by title only and waiving further
reading thereof, and direct staff to analyze the formula for setting the fees
and return with options for setting revised fees. The motion was approved
by the following vote:
AYES:
Councilmembers Feinstein, Genser, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
7-B: Introduction and first reading of an ordinance of the City of
Santa Monica amending Chapter 7 of the Municipal Code to regulate
underground utility and wireless telecommunication installations in the
public right of way, was presented.
Councilmember Genser requested to be excused due to a conflict of interest
with this item.
Members of the public Bob Jystad, Amelia Freeman, Sharon O'Rourke,
Tony Nelson, Mark Olson, Frank Uribe and Joe Natoli commented on
various aspects of the proposed ordinance.
Councilmember Feinstein. seconded by Councilmember O'Connor,
introduced the ordinance, reading by title only, and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmember Feinstein, Holbrook, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Genser, Katz
NOES:
ABSENT:
10
June 22, 2004
PLAYA VISTA
Councilmember Genser
returned at 11:45 p.m.
On order of the Mayor, Item 13-B to be heard before Item 8-A.
13-B: Request of Councilmember Feinstein to provide a Big Blue Bus
for Santa Monica Residents to attend the July 8, 2004, meeting of the
City of Los Angeles Planning Commission on Playa Vista Phase II, and
to appropriate funds from the Council Discretionary Account to pay
for the transportation, with an expected cost between $300 and $600,
was presented.
Members of the public Jerry Rubin, Brian Hutchings and Kathy Knight
spoke in support of the request.
Motion by Councilmember O'Connor. seconded by Councilmember
Holbrook, to ask staff to communicate with the Big Blue Bus regarding
scheduling and possibly adding a bus to accommodate riders to the event
and to have ample information on taking the bus back home.
Substitute motion by Councilmember Feinstein. seconded by
Councilmember Genser, to ask the Big Blue Bus to send one bus in the
morning and have one available for return, that there be notification on the
bus about bus routes, and to obtain funding from discretionary funds. The
motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, Mayor Pro Tern
McKeown, Mayor Bloom
Councilmembers Holbrook, O'Connor
Councilmember Katz
NOES:
ABSENT:
Councilmember O'Connor stated, for the record, that she voted in
opposition because it is a bad use of City funds as there is a Municipal bus
line that already operates to the destination, and the action rejects that
people on their own can take alternate public transportation and sets a bad
precedent.
STAFF ITEMS: 8-A: Adoption of resolution designating smoking areas on the Santa
DESIGNATED SMOKING Monica Pier, was presented.
AREAS ON PIER
Council member Feinstein
was excused at 12:05 a.m.
Members of the public Robert Donin, Joe Natoli and Jerry Rubin spoke in
opposition to the proposal.
Member of the public Ben Franz-Knight spoke in favor of the proposal.
11
June 22, 2004
Considerable discussion ensued on the proposed designated areas.
Motion by Councilmember Genser, seconded by Mayor Bloom, to approve
designated area Nos. 1,4,6, 7; direct staff to set up a temporary smoking
location for special events when there are large events such as the Twilight
Dance Series; that Pacific Park set up special smoking section for events that
are not open to the public; and that patios in restaurants may be allowed to
be smoking areas.
Motion to amend by Councilmember O'Connor, seconded by Mayor Bloom,
to move designated area number 6 to the opposite north side on the lower
fishing deck. The motion to amend failed by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers O'Connor, Genser, Mayor Bloom
Mayor Pro Tern McKeown
Councilmember Holbrook
Councilmembers Katz, Feinstein
After additional consideration of the matter, the following motion to table
was made.
Motion by Mayor Bloom. seconded by Councilmember Genser, to table the
motion until there is a full Council present. The motion was unanimously
approved by voice vote, with Councilmembers Katz and Feinstein absent.
PUBLIC INPUT:
Members of the public Pro Se and Brian Hutchings expressed various
concerns related to City matters.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:42
a.m., in memory of Helen Abner.
ATTEST:
~~J,
Maria M. Stewart
City Clerk
APPROVED:
L\L-.
fuchard Bloom
Mayor
12
June 22, 2004