CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 23, 2004
A regular meeting of the
Santa Monica City Council was called to order by Mayor Bloom at 5:57 p.m., on
Tuesday, November 23, 2004, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor
Pro Tem Kevin McKeown
Councilmember
Michael Feinstein
Councilmember
Ken Genser
Councilmember
Robert T. Holbrook
Councilmember
Pam O=Connor
Absent: Councilmember
Herb Katz
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 5:57 p.m., with
Councilmember Katz absent. Students
present in the audience 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.
Motion by Councilmember
Holbrook, seconded by Councilmember O=Connor, to
approve all items on the Consent Calendar, reading resolutions by title only
and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers O=Connor, Holbrook, Genser, Feinstein, Mayor Pro Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Katz
MINUTES
1-A: The minutes of the October 12 and October 26, 2004,
Council meetings, were approved with a minor correction to the minutes of
October 26th.
1750 10TH
STREET
1-B: Resolution No. 9992 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING
FINAL SUBDIVISION TRACT MAP NO. 53853 FOR A FIVE-UNIT CONDOMINIUM PROJECT AT
1750 10TH STREET,@ was adopted.
2411 4TH
STREET
1-C: Resolution No. 9993 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING
FINAL SUBDIVISION TRACT MAP NO. 26325 FOR A 3-UNIT CONDOMINIUM PROJECT AT 2411
4TH STREET,@ was adopted.
ATTENDANCE SOFTWARE SYSTEM
1-D: Employee time and attendance software system B recommendation to authorize the City Manager to
negotiate and execute Contract No. 8417
(CCS) with Kronos, Inc., in the amount of $316,000 to provide software licenses,
related hardware, professional services; and Contract No. 8434 (CCS) in the
amount $45,000 for ongoing maintenance for the system, was approved.
LOW-FLOW DIVERSION
1-E: Resolution No. 9994 (CSS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO CONSTRUCT A LOW-FLOW DIVERSION IN
ASHLAND AVENUE AT NEILSON WAY,@ was
adopted.
URBAN RUNOFF
1-F: Urban Runoff Management Plan B recommendation to authorize the City Manager to
negotiate and execute an amendment to Agreement No. 8164 (CCS) with Brown and
Caldwell, in the amount of $50,000, for additional services related to the
Urban Runoff Management Plan, was approved.
COUNCIL MEETING CANCELLED
1-G: Recommendation to cancel the December 28, 2004, City Council
Meeting, was approved.
POSITIONS AND SALARY
RATES
1-H: Resolution No. 9995 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING
VARIOUS NEW POSITION CLASSIFICATIONS AND SALARY RATES,@ was adopted.
CLOSED SESSIONS:
Member of the public Robert Crockett, representing Playa Capital
Company, commented on Item 2-E and asserted a violation of the Brown Act was
committed by the City Council on September 28, 2004, when Council approved
initiating litigation challenging the Playa Vista Project.
2-A: Conference with Legal
Counsel B Existing Litigation:
Naidoo v. City of Santa Monica, Case No. CV 03-6165 ABC.
The City Attorney reported this case was not heard.
2-B: Conference with Legal
Counsel B Existing Litigation:
Abraham Supino v. City of Santa Monica, Case No. SC 080 283, and
related cases.
The City Attorney reported this case was heard. No reportable action was taken.
2-C: Conference with Legal
Counsel B Existing Litigation:
Action Apartment Association, Inc., v. City of Santa Monica, Case
No. BC 165-082.
The City Attorney reported this case was not heard.
2-D: Conference with Legal
Counsel B Existing Litigation:
City of Santa Monica v. Baron & Budd, P.C., Case No. BC 315
186.
The City Attorney reported this case was not heard.
2-E: Conference with Legal
Counsel B Existing Litigation:
City of Santa Monica v. Playa Vista, Case No. BC 093-502.
The City Attorney reported this case was heard. No reportable action was taken.
2-F: Conference with Legal
Counsel B Anticipated Litigation.
Number of cases:
Three.
The City Attorney reported that one anticipated litigation case was
heard. No reportable action taken.
2-G: Conference with Legal
Counsel B Existing Litigation: Russell Barnard v. City of Santa Monica,
Case No. BC 281 367.
The City Attorney reported that Council had approved a partial
settlement, by payment to Mr. Barnard of $246,135.13, as reimbursement of fees
he paid to the City, in exchange for the dismissal of his fifth cause of action for accounts stated in
his case pending against the City.
2-H: Conference with Legal
Counsel B Existing Litigation: Claim of Raymond Parr,
Claim No. 04-8409.
The City Attorney reported that Council had approved a settlement for
this claim in the amount of $17,920.09.
SPECIAL ITEMS:
4-A: Recognition of the six
student winners of the PEAK Flex your Power NOW! Poster Contest for
displaying leadership in spreading the message about smart energy, was
expressed by the Mayor and City Councilmembers.
ADMINISTRATIVE PROCEEDINGS:
GOTHAM HALL - 1429-1431 3RD STREET
PROMENADE
6-A: Appeal of Planning
Commission=s determination approving a conditional use permit
that expands nightclub and restaurant service in an area of Gotham Hall, at
1429-1431 3rd Street Promenade, and is currently used as a poolroom B recommendation to deny the appeal and uphold the
Planning Commission=s approval of Conditional Use Permit 04-005 based on
the proposed findings and conditions, but modify Alcohol Outlet Condition 12 to
allow up to 602 occupancy. Applicant/Appellant: Renee and Albert Mizrahi.
Renee Mizrahi, applicant/appellant, spoke in support of the appeal.
Member of the public Joey Fullmer expressed her views on the
matter. Member of the public Jerry Rubin
spoke in support of the appeal.
Motion by Councilmember Genser, seconded by
Councilmember O=Connor, to
deny appeal, and amend Condition 2 on page 10, to read: AThe conditions of this approval shall supercede all
previous approvals on this property, including CUP Nos.(as listed), except for
any entitlements or conditions imposed by the Accessibility Appeals Board.@ The motion
was approved by the following vote:
AYES: Councilmembers
O=Connor, Holbrook, Genser, Feinstein, Mayor Pro Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember Katz
Motion by Mayor Bloom, seconded by Councilmember
Feinstein, to direct staff to look
at what comprehensive information should be provided on an appeal form so the
information is useful and facilitates the process for applicants, appellants,
staff and City Council. The motion was
unanimously approved by voice vote, with Councilmember Katz absent.
ORDINANCES:
STREET PERFORMERS, VENDING
7-A: Second reading and
adoption of Ordinance No. 2145 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
VARIOUS SECTIONS OF THE MUNICIPAL CODE RELATING TO STREET PERFORMANCE, VENDING
ON THE THIRD STREET PROMENADE, THE TRANSIT MALL, AND THE PIER, PERMITS,
PERFORMANCE HOURS, ALLOCATION OF PIER PERFORMANCE SPACES, NOISE, VENDOR
ROTATION, PENALTIES, INSTALLATION AND ERECTION OF OBJECTS ON THE PROMENADE,
TRANSIT MALL AND PIER, AND PLACEMENT OF PROPERTY OR MATERIALS ON SIDEWALKS,
STREETS, AND OTHER PUBLIC PROPERTY,@ was presented.
Motion by Mayor Pro Tem McKeown, seconded by
Councilmember Feinstein, to adopt
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 Bloom
NOES: None
ABSENT: Councilmember Katz
LIBRARIES AND MEETING FACILITIES
7-B: Second reading and
adoption of Ordinance No. 2146 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
MUNICIPAL CODE SECTION 1.08.030 REGARDING RULES FOR CITY LIBRARIES AND MEETING
FACILITIES,@ was presented.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember
Genser, to adopt 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 Bloom
NOES: None
ABSENT: Councilmember Katz
RECESS
On order of the Mayor, the City Council recessed at 8:55 p.m., to a
special meeting of the Redevelopment
Agency and reconvened at 9:03 p.m., to a special joint meeting with the Redevelopment
Agency, with Councilmember Katz absent.
STAFF ITEMS:
SPECIAL JOINT MEETING WITH THE HOUSING
AUTHORITY, THE REDEVELOPMENT AGENCY AND
THE PARKING AUTHORITY:
YEAR-END BUDGET REPORT
8-C: Adoption of Fiscal Year
2003-04 Year-End Budget Changes B recommendation that the City Council, the Housing
Authority, the Redevelopment Agency and the Parking Authority approve the
proposed budget changes, 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
O=Connor, Holbrook, Genser, Feinstein, Mayor Pro Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember Katz
ADJOURNMENT
On order of the Mayor, the special joint meeting was adjourned at 9:08
p.m., and the regular City Council meeting reconvened with Councilmember Katz
absent.
RESOLUTIONS:
PREFERENTIAL PARKING ZONE WW
11-A: Adoption of resolution
amending Preferential Parking Zone WW B recommendation to adopt Resolution No. 9996 (CCS)
entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AMENDING
PREFERENTIAL PARKING ZONE WW AND REMOVE THE CURRENT OVERNIGHT PREFERENTIAL
PARKING RESTRICTIONS FROM THE 2200-2300 BLOCK OF 27TH STREET BETWEEN
PICO BOULEVARD AND PEARL STREET,@ was presented.
Member of the public Donna Lee spoke in opposition to the
recommendation.
Motion by Councilmember Genser, seconded by
Councilmember O=Connor, to
adopt the resolution 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 Bloom
NOES: None
ABSENT: Councilmember Katz
ROLLERBLADES AND ROLLERSKATES ON THE PROMENADE
11-B: Resolution to allow the
use of rollerblades and roller skates on the Third Street Promenade, was
presented.
Members of the public Betty Mueller, Barry Seid, Millie Rosenstein, and
Rose Kauffman spoke in opposition to adoption of the resolution.
Member of the public Jerry Rubin spoke in support of adoption of the
resolution.
Motion by Councilmember O=Connor, seconded by Councilmember Feinstein, to adopt resolution for a one-year trial
period. The motion failed by the
following vote:
AYES: Councilmembers
O=Connor, Feinstein
NOES: Councilmembers Holbrook, Genser,
Mayor Pro Tem McKeown, Mayor Bloom
ABSENT: Councilmember Katz
WRITTEN REQUESTS:
WAIVER OF FEES
12-A: Request of Andrew Duff
Parker, from Upward Bound House, requesting a waiver for an encroachment fee
for an alleyway bordered by Washington, California, 11th and 12th
Streets to reinstall underground conduit, as requested by the City, was
presented.
Discussion ensued on Mr. Parker=s request.
Staff answered questions and provided information to Councilmembers.
Motion by Councilmember Feinstein, seconded by Mayor
Bloom, to continue this matter to a
future meeting to allow Mr. Parker to consider other options discussed. The motion was unanimously approved by voice
vote, with Councilmember Katz absent.
COUNCIL ITEMS:
APPOINTMENTS
13-A: Annual and special vacancy appointments to the following boards
and commissions: (Continued from
November 9, 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.
PLAYA VISTA
13-B: Request
of Mayor Bloom to consider Brown Act complaint made by Playa Vista=s attorneys that the public had not had an
opportunity to comment on the City's lawsuit against Los Angeles challenging
the approval of the development of Playa Vista Phase II, hear any possible
testimony on the lawsuit, and affirm or reconsider the decision to proceed with
that suit, was presented.
Members of the public Sabrina Venskus, Kathy Knight,
and Jerry Rubin spoke in support of the lawsuit and against the Brown Act
complaint.
City Attorney Marsha Moutrie commented on the
communications received regarding the alleged Brown Act violation, discussed
the Brown Act requirements, and concluded by advising the City Council that it
was her belief that the City Council fulfilled all the provisions of the Brown
Act and that, had there been a violation, the Mayor=s item provided a cure.
On order of the Mayor, the information was received
and filed. No formal action was taken.
Before moving to the next matter, the Mayor noted
that he had a request to speak on Item 13-D from Mr. Robert Crockett (who spoke
earlier on Item 2-E), and thought that Mr. Crockett meant to speak to this Item
13-B, and that the 13-D notation was an error.
The Mayor then invited Mr. Crockett to speak on this Item 13-B before
moving on to the next item. Mr. Crockett
declined the invitation to speak.
INTERNATIONAL SOLAR CITIES CONGRESS
13-C: Request
of Councilmember O=Connor that Council adopt a DAEGU Declaration from
the first International Solar Cities Congress committing to work with other
cities on promoting the use of renewable (solar) energy sources, and to direct
staff to inform other cities in our region and encourage their participation, was presented.
There was no one present for public comment.
Motion by Councilmember O=Connor, seconded by Councilmember Feinstein, to approve the request. The motion was unanimously approved by voice
vote, with Councilmember Katz absent.
PUBLIC INPUT:
Members of the public Pro Se and Kathy Knight
commented on various issues.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was
adjourned at 10:34 p.m., in memory of Cheri Hill.
ATTEST: APPROVED:
Maria M. Stewart Richard
Bloom
City Clerk Mayor