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 Tem 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 1-A was removed from the Consent Calendar.  At the request of Councilmember Holbrook, Item 1-E was removed from the Consent Calendar.

 

Motion by Councilmember O=Connor, seconded by Mayor Pro Tem McKeown, to approve all items on the Consent Calendar as presented except Items 1-A and 1-E, reading resolutions and ordinances by title only and waiving further reading thereof.  The motion was approved by the following vote:

 

AYES:             Councilmembers O=Connor, Holbrook, Genser, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       Councilmembers Holbrook, Katz

 

AMBULANCE PURCHASE

1-B:     Purchase of Lifeline Ambulance B 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

1-C:     Resolutions authorizing grant agreements with the State Water Resources Control Board B recommendation to adopt Resolution No. 9957 (CCS) entitled AA 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 AA 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 AA 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 16TH STREET SUB-WATERSHED WATER QUALITY IMPROVEMENT, was approved.

 

WOODLAWN CEMETERY

1-D:     Woodlawn Cemetery Mausoleum Office Addition B 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

1-F:     Downtown, Pier and Beach Parking Operations B 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.

 

COMMUNITY ENERGY PARTNERSHIP

1-G:     Resolution No. 9960 entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA 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

1-H:     Urban Runoff Best Management Practice System B 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

1-A:     Design of Pedestrian Extension to the Downtown Transit Mall Project B 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 Tem McKeown, to approve staff recommendation.

 

AYES:             Councilmembers Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       Councilmembers Katz, Feinstein

 

SAMOSHEL UPGRADE

1-E:     Samoshel Facility Upgrade  - recommendation to authorize the City Manager to negotiate and execute Contract No. 8359 (CCS) with AWI 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.

 

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 Tem McKeown, Mayor bloom

NOES:            Councilmember Holbrook

ABSENT:       Councilmembers Katz, Feinstein

 

CLOSED SESSIONS:

 

Councilmember Katz arrived at 6:00 p.m.

 

Councilmember Feinstein arrived at 6:35 p.m.

 

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 report the following action taken:

 

2-A:     Conference with Legal Counsel

Conference with real property negotiator:

Property: 1601 14th 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 B 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 B Existing Litigation:  Los Angeles SMSA, a limited partnership, dba Verizon Wireless v. City of Santa Monica, Case No. SC 079 139.

 

ACTION:         No reportable action taken.

 

2-D:     Conference with Legal Counsel B Existing Litigation:  David Levy, et al. v. City of Santa Monica, Case No. 063147.

 

ACTION:         Not heard.

 

2-E:     Conference with Legal Counsel B 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 B Existing Litigation:  City of Santa Monica v. Baron & Budd, P.C., et al., Case No. BC 315 186.

 

ACTION:         No reportable action taken.

 

2-G:     Conference with Legal Counsel B Anticipated Litigation.

Number of cases:  Three.

ACTION:         Two cases heard.  No reportable action taken.

 

2-H:     Conference with Legal Counsel B Existing Litigation:  Brock v. City of Santa Monica, Case No. SC070736. 

 

ACTION:         No reportable action taken.

 

MATTER HEARD OUT OF ORDER ON AGENDA

Motion by Councilmember Katz, seconded by Councilmember Holbrook, to 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 B 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 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 Tem McKeown, Mayor Bloom

NOES:            None

ABSENT        None

 

ORDINANCES:

 

RESTAURANTS

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.

 

COUNCIL ITEMS:

 

ANNUAL APPOINTMENTS - CONTINUED

 

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.

 

Building and Safety Commission - 2 vacancies for a term ending 06/30/08.

 

Personnel Board: 1 special vacancy for a term ending 06/30/09; 1 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 Tem McKeown nominated Lawrence Shapiro for a third term.  Mr. Shapiro was appointed by acclamation, with all members present.

 

Mayor Pro Tem 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 SENIOR COMMUNITY

Commission for the Senior Community - two annual vacancies for terms 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.

 

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

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

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.

 

On order of the Mayor, the floor was opened for nominations for the Housing Commission.

 

Mayor Pro Tem McKeown nominated Lena Perelman.  There being no other nominations, Ms. Perelman was appointed by acclamation, with all members present.

 

LANDMARKS COMMISSION

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 was appointed by acclamation, with all members present.

 

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

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 acclamation, with all members present.

 

PLANNING COMMISSION

Planning Commission - two vacancies for terms ending 6/30/08.

 

Mayor Pro Tem 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

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.

 

Councilmember Katz was excused at 11:12 p.m.

 

On order of the Mayor, Item 7-C to be heard before Item 7-B.

 

RELOCATION BENEFITS

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 all residents displaced by Ellis Act Evictions; and adoption of Resolution No. 9961 (CCS) entitled: AA 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.

 

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 Tem McKeown, Mayor

NOES:            None

ABSENT:       Councilmember Katz

 

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, 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 Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       Councilmember Katz

 

Councilmember Genser was excused at 11:19 p.m.

 

UTILITY AND TELE-COMMUNICATIONS

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 Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       Councilmembers Genser, Katz

 

Councilmember Genser returned at 11:45 p.m.

 

On order of the Mayor, Item 13-B to be heard before Item 8-A.

 

PLAYA VISTA

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 Tem McKeown, Mayor Bloom

NOES:            Councilmembers Holbrook, O=Connor

ABSENT:       Councilmember Katz

 

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:

 

Councilmember Feinstein was excused at 12:05 a.m.

 

DESIGNATED SMOKING AREAS ON PIER

8-A:     Adoption of resolution designating smoking areas on the Santa Monica Pier, was presented.

 

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.

 

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:             Councilmembers O=Connor, Genser, Mayor Bloom

NOES:            Mayor Pro Tem McKeown

ABSTAIN:      Councilmember Holbrook

ABSENT:       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:                                                        APPROVED:

 

 

Maria M. Stewart                                           Richard Bloom

City Clerk                                                       Mayor