CITY OF SANTA MONICA

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

NOVEMBER 9, 2004

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:55 p.m., on Tuesday, November 9, 2004, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Richard Bloom

Mayor Pro Tem Kevin McKeown

Councilmember Michael Feinstein (arrived at 6:10 p.m.)

Councilmember Ken Genser

Councilmember Robert T. Holbrook

Councilmember Herb Katz

Councilmember Pam O=Connor (arrived at 6:30 p.m.)

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 5:55 p.m., with Councilmembers O=Connor and Feinstein absent. City Clerk Maria M. Stewart 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. Member of the public Jerry Rubin commented on Item 1-F.

At the request of Councilmember Genser, Item 1-B was removed from the Consent Calendar.

Motion by Councilmember Holbrook, seconded by Mayor Pro Tem McKeown, to approve all items on the Consent Calendar as presented except Item 1-B, 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, Mayor Pro T em McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmembers Feinstein, O=Connor

MINUTES

1-A: The minutes of the September 28, 2004, City Council meeting, were approved as submitted.

HOMELESS SERVICES

1-C: Computer support for Santa Monica Homeless Services Network B recommendation to authorize the City Manager to negotiate and execute Contract No. 8407 (CCS) with Chris Fonner, in the amount of $66,000, for computer support services for the Santa Monica Homeless Services Network, was approved.

URBAN RUN-OFF POLLUTION

1-D: Reduction of urban run-off pollution B recommendation to authorize the City Manager to negotiate and execute Agreement No. 8408 (CCS) with Los Angeles County Flood Control District to operate and maintain catch basin excluder devices to reduce urban runoff pollution, was approved.

URBAN RUN-OFF TREATMENT

1-E: Installation of Centinela urban run-off treatment system B recommendation to authorize the City Manager to negotiate and execute Agreement No. 8409 (CCS) with the City of Los Angeles, to install the Centinela urban runoff treatment system at Mar Vista Park and to advance the City of Los Angeles funds in an amount not to exceed $180,000, for installation of an urban runoff diversion pipeline at the park, was approved.

REMEDIATION SERVICES

1-F: Environmental assessment and remediation activities at various City locations B recommendation to authorize the City Manager to negotiate and execute Contract Nos. 8411 (CCS), 8412 (CCS), and 8413 (CCS), with ICF Consulting, in the amounts of $804,516, $1,273,977, and $157,228, for projects at the City Yards, the Big Blue Bus Yard, and the Municipal Airport, respectively, was approved.

FLEX YOUR POWER NOW ALERT SYSTEM

1-G: Resolution No. 9990 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY TO SUPPORT THE COMMUNITY ENERGY PARTNERSHIP=S IMPLEMENTATION OF ATHE FLEX YOUR POWER NOW ALERT SYSTEM,@ was adopted.

SETTIMO, TORINESE, ITALY

1-H: Resolution No. 9991 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY TO SUPPORT AN ENERGY INNOVATIONS PARTNERSHIP AND A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SETTIMO, TORINESE, ITALY,@ was adopted.

TRUCK TRACTORS

1-B: Purchase of two truck tractors for Solid Waste Management B recommendation to award Bid No. 2878 to Boerner Truck Center, in the amount of $224,030.35, to furnish and deliver two truck tractors for Solid Waste Management Division, Environmental & Public Works Management Department, was presented.

Councilmember Genser explained that he removed this item from the Consent Calendar to ask why the purchase could not be delayed until the matter of the City=s Disposal Facility (Transfer Station) is decided. Staff responded to questions from Council related to the timing for discussions and action on the City=s Disposal Facility, and provided additional information related to maintenance of the City=s tractors and to the purchase of the new truck tractors.

Motion by Councilmember Holbrook, seconded by Councilmember Genser, to approve staff recommendation. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Feinstein, O=Connor

Councilmember Feinstein arrived at 6:10 p.m.

Councilmember O=Connor arrived at 6:30 p.m.

On order of the Mayor, the City Council recessed to consider Closed sessions at 6:10 p.m., and reconvened at 7:30 p.m. with all members present to report the following action taken:

CLOSED SESSIONS:
2-A: Conference with Labor Negotiator.

City Negotiator: Karen Bancroft, Director of Human Resources

Bargaining Unit: Santa Monica Firefighters Local 1109 (SMFFA)

ACTION: Heard. No reportable action taken.

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

Number of cases: Five.

Motion by Councilmember O=Connor, seconded by Councilmember Feinstein, to approve Settlement Agreement No. 8416 (CCS) with the County of Los Angeles related to the County Courthouse property and the building of the City=s parking garage as follows:

City and County will agree that proposed parking structure can be built; the County will suspend existing covenant which extends 76 feet beyond County property into proposed parking garage area; the County and the City agree to not sue each other throughout the term of the agreement over anything related to the covenant; City and County agree that City will meet and confer with County if City proposes to make any other use of the parking garage; County will meet with City to discuss any proposed changes with the County Courthouse property; City agrees to pay County $340,000 for proposed parking changes to its judges= parking area; City will extend current parking agreement with the County for use of Civic Center parking area to allow County its use for the lesser of five years, or one year after the State takes over the property; and authorize the City Manager to negotiate and execute the agreement and any other necessary documents. The motion was approved by the following vote:

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

Mayor Bloom

NOES: Councilmember Katz

ABSENT: None

2-C: 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-D: Conference with Legal Counsel B Existing Litigation: Russell Barnard v. City of Santa Monica, Case No. BC 281 367.

ACTION: Not heard.

2-E: Conference with Legal Counsel B Existing Litigation: Action Apartment Association, Inc., v. City of Santa Monica, Case No. BC 165 082.

ACTION: Not heard.

2-F: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. Maria Stewart, Case No. SC 067 033.

ACTION: Not heard.

ORDINANCES:

STREET PERFORMERS

7-A: Introduction and first reading of an ordinance amending various sections of the Santa Monica Municipal Code Relating to Street Performance and the placement of property or materials on sidewalks and streets; report on uses of The Promenade, Transit Mall, Pier and adjacent spaces for expressive and other purposes and for the display and placement of objects; discussion of permits being issued for sampling and other events by BDC and PRC staff, use of public spaces for displays, performance for pay only and use of wheels on the Transit Mall and Arizona Avenue, was presented.

The following members of the public expressed various concerns and made suggestions for modifications or changes: Gary Gross, Paul Dale, Tim Dillenbeck, Michael LeRoy, Joe Natoli, Marie Fink, Ben Franz-Knight, Peggy Lee Kennedy, Ellen Brennan, Clay Pruitt, Luke Chanthadara, Ned Landin, Vincent Garofalo, Stephen Bradford, Jane, Alula Yohanes Tzadik, John Foster, Joe Shashaty, Stewart Lamle, Jerry Rubin, Walt Davis, Reina Alvarez, and James Wells.

Motion by Councilmember Genser, seconded by Councilmember Katz, to introduce and hold first reading of the ordinance, subject to amendments after Council discussion.

Motion by Councilmember Feinstein that the change of hours proposed is to be year-round. The amendment was accepted as friendly.

Motion to amend by Councilmember Feinstein, seconded by Councilmember Katz, to not allow the rotation exception to heartland vendors. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Holbrook, Mayor Pro Tem McKeown

NOES: Councilmembers Genser, O=Connor, Mayor Bloom

ABSENT: None

Councilmember Genser stated, for the record, that he voted in opposition because its inviting litigation that the City does not need to engage.

The City Attorney recommended the following changes to the ordinance: On page 27 of ordinance, under Section 8 add the word Aplaced@ as follows, Aunless such objects are placed, installed . .@. Under Section 10, on page 29 first paragraph, add Aor City contract as follows, Aexcept as otherwise permitted by Code or City contract no person shall . . .@

The maker and the seconder included the recommended changes in the motion. The main motion, as amended, was approved by the following vote:

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

NOES: None

ABSENT: None

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to direct staff to prepare language to recognize and clarify the Pier Restoration Corporation=s and the Bayside District=s power to issue permits and charge fees for events falling beneath the community events threshold, and for the proposed change of the voucher system on the Pier. The motion was unanimously approved by voice vote with all members present.

Motion by Councilmember Genser, seconded by Councilmember Katz, to direct staff to investigate options for reviewing distinction between vending and performance. The motion was unanimously approved by voice vote with all members present.

Motion by Councilmember Genser, seconded by Mayor Bloom, to direct staff to return with proper instrument to eliminate spaces at the west end of the Pier to establish a Aquiet zone.@

Councilmember Katz suggested that instead of eliminating the space, to establish one that controls the type of entertainment so that it is not too loud. The maker and seconder accepted this as a friendly addition to the motion.

Substitute motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, to ask the Pier Restoration Corporation to hold a meeting for discussion on the matter and make recommendations to Council. The motion failed by voice vote, with Councilmembers O=Connor, Holbrook, Genser, Katz, and Mayor Bloom voting in opposition.

The vote on Councilmember Genser=s main motion was approved by the following vote:

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

NOES: Councilmember Feinstein, Mayor Pro Tem McKeown

ABSENT: None

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, that as to the issue of Asampling activities@ as outlined on page 12 of the staff report, to direct staff to return with a summary of issues including current practice and recommendations, including how the Bayside might regulate and charge for use of public space.

Motion by Councilmember O=Connor, seconded by Councilmember Katz, to allow wheelchairs, strollers, and in-line skates on sidewalks and prohibit bicycles and skateboards on sidewalks. The motion was approved by voice vote with Councilmember Genser and Mayor Bloom voting in opposition.

Motion by Councilmember O=Connor, seconded by Councilmember Feinstein, that a resolution allowing wheelchairs, strollers, and in-line skates return to Council at the next meeting, November 23, to allow time for analysis. The motion was approved by voice vote with Councilmember Genser and Mayor Bloom voting in opposition.

Motion by Councilmember Genser, seconded by Mayor Bloom, to direct staff to notice the above matter to the Senior Center, the Commission on the Senior Community, and all interested groups and stakeholders. The motion was unanimously approved by voice vote, with all members present.

CITY LIBRARY RULES

7-B: Introduction and first reading of an ordinance amending Municipal Code Section 1.08.030 regarding rules for City libraries and meeting facilities, was presented.

Motion by Councilmember Holbrook, seconded by Councilmember O=Connor, to introduce the ordinance, reading by title only and waiving further reading thereof. 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

STAFF ITEMS:

EAST/WEST CORRIDOR TASK FORCE

8-A: East/West Corridor Task Force recommendations B recommendation that the City Council conceptually approve the East-West Commercial Corridor Parking Task Force recommendations to improve parking opportunities along Wilshire Boulevard, Santa Monica Boulevard, Pico Boulevard, Montana Avenue, and Ocean Park Boulevard; and authorize staff to proceed with the next steps toward implementation, was presented.

Members of the public Joey Fullmer and Chuck Allord expressed their views.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to approve staff recommendation, amended to direct staff to return with a re-painting and re-posting plan.

Motion to amend by Councilmember Feinstein, to direct staff to conduct outreach to residents and neighbors when considering angled parking in adjacent commercial portion of residential streets; that when considering development in streets and parking capacity, to leave the door open to forms of cooperative financing for possible parking structures in Lots 8, 7, and 12 along Wilshire; and to contact the College and School Districts representatives and ask them to rethink parking on Madison in conjunction with a potential parking assessment district. The motion was accepted as friendly.

The main motion, as amended, was unanimously approved by voice vote, with all members present.

Councilmember O=Connor was excused at 11:30 p.m.

BOARDS AND COMMISSIONS:

DISABILITIES COMMISSION

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.

Motion by Councilmember Genser, seconded by Councilmember Katz, to remove the Commissioner and declare the seat vacant. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

Councilmember Katz was excused at 11:35 p.m.

COMMUNICATIONS:

ADOPTION OF MILITARY UNIT

12-A: 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.

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

PUBLIC SAFETY - PICO NEIGHBORHOOD

12-B: Request of Griselda de la Torre-Garces that Council schedule a public hearing in January 2005 to discuss public safety in the Pico Neighborhood relative to the September 28, 2004, shooting behind the Edison Language Academy, was presented.

Members of the public Lisa Balfus, Gina Oster, Ana M. Jara, Ana G. Jara, Jill Boberg, and Jerry Rubin spoke in support of the request.

Motion by Mayor Pro Tem McKeown, to direct that staff to first and foremost get the Police Chief out in the community. The motion died for lack of a second.

Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to have the Police Department increase dialogue in the community and to direct staff to return on December 14th with a roadmap on the process towards having meaningful community discussion on improving the City=s community policing efforts and towards building trust between the City and the community. The motion was unanimously approved by voice vote, with Councilmembers O=Connor and Katz absent.

Councilmember Feinstein was excused at 12:55 a.m.

UNIVERSAL PRESCHOOL

12-C: Request of Melissa Lawton, Public Counsel Law Center, that Council adopt a resolution in support of universal preschool, was presented.

Motion by Councilmember Genser, seconded by Mayor Bloom, to approve request and to direct staff to return with a resolution for adoption. The motion was unanimously approved by voice vote with Councilmembers O=Connor, Katz, and Feinstein absent.

COUNCIL ITEMS:

APPOINTMENTS

13-A: Annual and special vacancy appointments to the following boards and commissions: (Continued from October 26, 2004.)

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

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

Pier Restoration Corporation - one annual vacancy for a term ending November 11, 2008; one special vacancy for a term ending November 8, 2005.

On order of the Mayor, appointments to boards and commissions were continued to November 23, 2004.

13-B: Request of Councilmember Holbrook that the new transient occupancy tax rate not apply to pre-existing group stay contracts, was presented.

Motion by Councilmember Holbrook, seconded by Councilmember Genser, to direct staff to explore options available. The motion was unanimously approved by voice vote with Councilmembers O=Connor, Katz, and Feinstein absent.

PUBLIC INPUT:

Member of the public Brian Hutchings expressed his views and concerns.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 1:00 a.m., in memory of Helen Cohen.

ATTEST: APPROVED:

Maria M. Stewart Richard Bloom

City Clerk Mayor