CITY OF SANTA MONICA

CITY COUNCIL MINUTES

OCTOBER 26, 2004

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50 p.m., on Tuesday, October 26, 2004, 2004, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Richard Bloom

Mayor Pro Tem Kevin McKeown

Councilmember Michael Feinstein (arrived at 5:57 p.m.)

Councilmember Ken Genser

Councilmember Robert T. Holbrook

Councilmember Herb Katz

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 5:50 p.m., with Councilmember Feinstein absent. Mona Miyasato, Assistant to the City 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.

Member of the public Joey Fullmer expressed various concerns.

Councilmember Katz requested Items 1-C and 1-F be removed from the Consent Calendar.

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

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

NOES: None

ABSENT: Councilmember Feinstein

MINUTES

1-A: The minutes of September 14, 2004, City Council meeting were approved.

TAX AUDIT

1-B: Tax audit and revenue enhancement services B recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8305 (CCS) with MBIA MuniServices Company to conduct Utility Users Tax, Franchise Tax and Transient Occupancy Tax audit and revenue enhancement services, was approved.

HISTORICAL ENDOWMENT

1-D: California Cultural and Historical Endowment grant funds B recommendation to adopt Resolution No. 9989 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING APPLICATION FOR CCHE FUNDS FOR CONSERVATION OF THE STANTON MACDONALD WRIGHT MURAL SERIES, INCLUDING INSTALLATION AT THE NEW PUBLIC LIBRARY,@ and authorizing the City Manager to execute all necessary documents, and upon grant award, to appropriate the grant funds by approving the proposed budget changes, was approved.

STREET/PARKING LOT/SIDEWALK REPAIR

1-E: Contract amendment for street and parking lot resurfacing and sidewalk repair B recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8198 (CCS) in the amount of $148,000, for parking lot resurfacing and sidewalk repair, was approved.

Councilmember Katz was excused at 5:55 p.m.

LEASE - 1212 5^TH ST.

1-C: Lease of space at 1212 5^th Street B recommendation to authorize the City Manager to negotiate and execute Agreement No. 8404 (CCS) with CIM Group to lease office space for the City=s Environmental and Public Works Management Department, was presented.

Councilmember Katz requested to be excused from considering this matter due to a conflict of interest.

Motion by Councilmember O=Connor, seconded by Mayor Pro Tem McKeown, to approve staff recommendation. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Feinstein, Katz

Councilmember Katz returned at 5:56 p.m.

Councilmember Feinstein arrived at 5:57 p.m.

HYDROGEN VEHICLE

1-F: Hydrogen Vehicle Demonstration Project B recommendation to authorize the City Manager to negotiate and execute Agreement No. 8405 (CCS) with Southern California Air Quality Management District (SCAQMD) to participate in a five-year hydrogen vehicle demonstration project, was presented.

Councilmember Katz advised he removed this matter from the Consent Calendar because he had questions relative to the cost to the city, the actual cost of the vehicles and the funding from SCAQMD. Staff responded to questions of Councilmembers and provided additional information.

Motion by Mayor Pro Tem McKeown, seconded by Mayor Bloom, to approve recommendation. 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

CLOSED SESSIONS:

On order of the Mayor, the City Council recessed at 5:59 p.m., to hear closed sessions and reconvened at 7:15 p.m., with all members present. Action taken on closed sessions was reported at the end of the meeting.

STAFF ITEMS:

LAND USE AND CIRCULATION ELEMENT

8-A: Joint meeting with the Planning Commission to discuss the Land Use and Circulation Element and Zoning Ordinance update; discuss and finalize the proposed public participation program; discuss roles, resources, and update process, and recommendation that the City Council provide related direction to staff, was held.

The following members of the public provided ideas and suggestions: Ana Jara, Joey Fullmer, Joe Natoli, Ellen Brennan, Arthur Harris, Tom Cleys, Sandy Grant, Robert Rader, Jerry Rubin, Maria Loya and Tommie Welch.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to authorize staff to work with consultant based on the recommendations on the staff report, based on public comment regarding participatory inclusion, and based on the memo received from the Planning Commission listed as attachment AB.@

Motion to amend by Councilmember O=Connor, to add that there be a commitment to keep it on time and on budget. The motion was accepted as friendly.

Motion to amend by Councilmember Genser, that the motion include regular meetings between staff, consultants and the Planning Commission for feedback from the Planning Commission about what has been done and what is ahead. The motion was accepted as friendly.

Councilmember Holbrook was excused at 9:30 p.m.

Motion to amend by Councilmember Katz that Council be kept in the loop with monthly reports and alerts to special meetings that are to be held. The motion was accepted as friendly.

Motion to amend by Councilmember Feinstein, to include an invitation to the Santa Monica City College and the Unified School District to participate and look for synergies and commonalities, within timeline concerns, and to direct staff to keep an eye towards recommended legislation in the State to help achieve sustainability goals. The motion was accepted as friendly.

The main motion as amended, was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Holbrook, Katz

Councilmember Katz was excused at 10:15 p.m.

MATRIX STUDY

8-B: Joint meeting with the Planning Commission to discuss policy recommendations related to the Planning Matrix Study in regard to the City=s permit, plan check, inspection and code enforcement processes.

Members of the public Arthur Harris and Nina Fresco provided input and suggestions on the subject.

Discussion ensued on various related issues and on the recommendations contained in the Study.

On order of the Mayor, the information received and filed. No formal action was taken.

BAYSIDE DISTRICT AGREEMENT & WORK PLAN

8-C: Bayside District Corporation Services Agreement and Annual Work Plan B recommendation to approve the Operations and Marketing Plan and Budget for FY 2004-05 and to authorize the City Manager to execute Services Agreement No. 8406 (CCS), was presented.

Members of the public Ned Landin, Joe Natoli and Kathleen Rawson commented on this subject.

Motion by Councilmember Feinstein, seconded by Councilmember O=Connor, to approve the recommendation amending the Agreement to add to Section 8.4, page xii, Aand seek input from performers as part of that process,@ and that in the workplan, under AStrategies,@ add language to reflect that Athe Venue Manager will host periodic meetings with street performers for the purposes of seeking input on issues of relevance to street performers. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Holbrook, Katz

PUBLIC HEARINGS:

WATER QUALITY REPORT

9-A: Public Hearing and recommendation to approve City of Santa Monica=s Report on Water Quality Relative to Public Health Goals, in accordance with California Department of Health Services drinking water quality requirements, was presented.

There was no one for public comment.

Motion by Councilmembers O=Connor, seconded Councilmember Genser, to approve the recommendation. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Holbrook, Katz

CONSOLIDATED PLAN

9-B: Public hearing and recommendation to approve an amendment to the Consolidated Plan, as required by the U.S. Department of Housing and Urban Development, and approval of proposed budget appropriation, was presented.

There was no one present for public comment.

Motion by Councilmember Feinstein, seconded by Councilmember O=Connor, to approve recommendation. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Holbrook, Katz

BOARDS AND COMMISSIONS:

VACATING SEAT

10-A: Request of Disabilities Commission to declare a Commissioner=s seat vacant due to absenteeism and lack of communication from the incumbent, was presented by Commission Member Chris Arroyo.

There was no one present for public comment.

On order of the Mayor, this matter was continued to November 9, 2004, to allow time for the City Attorney to provide written information on the process.

WRITTEN REQUESTS:

PARKING

12-A: Request of Kathy Arndt to address Council requesting appropriate large spaces for large vehicles in public property, and requesting that vehicles receive a ticket if parked in two regular-size spaces.

Ms. Arndt not being present, and on order of the Mayor, the information was received and filed.

ARTIST STUDIOS

12-B: Request from Wade Killefer to address Council regarding an alleged discrepancy in allowable heights for artist studios in the C1 and LMSD Zones and requesting an interim ordinance allowing three stories and 45= in the LMSD Zone.

The Mayor advised that this matter was withdrawn at the request of Mr. Killefer.

SETBACK VIOLATIONS

12-C: Request from Jean and William Hulse to address Council requesting to direct the City Inspector not to pursue setback violations for previously built, existing accessory structures, was presented.

Staff provided information regarding the current status of this matter and the current attempts to resolve it in a mutually satisfactory matter.

On order of the Mayor, the information was received and filed. No formal action was taken.

ADOPTION OF MILITARY UNIT

12-D: Request of Sonja Wilson to address Council to request that the City adopt her husband, a Santa Monica resident who is currently serving in Iraq, and his unit for purposes of support, communication and donations from the community.

On order of the Mayor, and at the request of Ms. Wilson, this matter was continued to November 9, 2004.

THIRD STREET HISTORIC DISTRICT

12-E: Request from Nina Fresco for a co-partnership of the City with the Santa Monica Conservancy on tour of the Third Street Historic District on January 2005, including but not limited to the use of City logo and funding for printing of educational materials, was presented.

Staff provided information on current policy and the effects of approving the request. Discussion ensued.

Motion by Mayor McKeown, seconded by Councilmember Feinstein, to approve funding in the amount of $2,700, from Council=s discretionary funds, and direct staff to continue to explore and build an appropriate relationship that fulfills shared goals. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Holbrook, Katz

COUNCIL ITEMS:

13-A: Annual and special vacancy appointments to the following boards and commissions:

SENIOR COMMUNITY

Commission for the Senior Community - one vacancy for a term ending June 30, 2007.

On order of the Mayor, this matter was continued to November 9, 2004.

STATUS OF WOMEN

Commission on the Status of Women - one vacancy for a term ending June 30, 2008.

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

Councilmember Feinstein nominated Amanda Rachel Sher. There being no other nominations, Ms. Sher was appointed by acclamation, with Councilmembers Holbrook and Katz absent.

PERSONNEL BOARD

Personnel Board - one special vacancy for a term ending June 30, 2006.

On order of the Mayor, this matter was continued to November 9, 2004.

PRC

Pier Restoration Corporation - one special vacancy for a term ending November 8, 2005.

On order of the Mayor, this matter was continued to November 9, 2004.

HOMELESSNESS REPORT

13-B: Report to City Council by Mayor Bloom regarding the draft plan of Bring L.A. Home, the partnership to end homelessness, was presented.

On order of the Mayor, the report was received and filed.

PRC

13-C: Appointment to two annual vacancies on the Pier Restoration Corporation with terms ending November 11, 2008.

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

Councilmember Genser nominated Ellen Brennan. There being no other nominations, Ms. Brennan was appointed by acclamation, with Councilmembers Katz and Holbrook absent.

On order of the Mayor, the second vacancy was continued to November 9, 2004.

PROPOSITION 70

13-D: Request of Mayor Bloom that the City Council oppose Proposition 70 (Tribal Gaming Compacts. Exclusive Gaming Rights. Contributions to State), was presented.

Motion by Mayor Bloom seconded by Councilmember Feinstein, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

ARB RESIGNATION

13-E: Acceptance of Iris Oliveras=s letter of resignation from the Architectural Review Board, and authorization for City Clerk to publish vacancy, was presented.

Motion by Mayor Bloom seconded by Councilmember O=Connor, to accept letter with regrets and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

ARTS RESIGNATION

13-F: Acceptance of Thomas Pratt=s letter of resignation from the Arts Commission, and authorization for City Clerk to publish vacancy, was presented.

Motion by Mayor Pro Tem McKeown, seconded by Mayor Bloom, to accept letter with regrets and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

CLOSED SESSIONS:

On order of the Mayor, the following action taken was reported:

2-A: Conference with Legal Counsel B Existing Litigation: Abraham Supino v. City of Santa Monica, Case No. SC 080 283, and related cases.

ACTION: Heard. No reportable action taken.

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

ACTION: Heard. No reportable action taken.

2-C: Conference with Legal Counsel B Existing Litigation: Action Apartment

Association, Inc. v. City of Santa Monica, Case No. BC 165 082.

ACTION: Heard. No reportable action taken.

2-D: Conference with Legal Counsel B Anticipated Litigation:

Number of cases: Four.

ACTION: Two cases heard. No reportable action taken.

PUBLIC INPUT

Member of the public Art Casillas expressed his opinion and made comments related to the Police Department.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 12:00 a.m., in memory of Joseph Paolucci, former member of the Disabilities Commission and current member of the Accessibility Appeals Board.

ATTEST: APPROVED:

Maria M. Stewart Richard Bloom

City Clerk Mayor