CITY OF SANTA MONICA

 

CITY COUNCIL MINUTES

 

DECEMBER 14, 2004

 

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:59 p.m., on Tuesday, December 14, 2004, at City Council Chambers, 1685 Main Street.

 

Roll Call:         Present:          Mayor Richard Bloom

Mayor Pro Tem Kevin McKeown

Councilmember Bobby Shriver

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 5:59 p.m., with all members present.  City Manager Susan McCarthy led the assemblage in the Pledge of Allegiance.

 

ELECTION OF MAYOR AND MAYOR PRO TEM:

The Mayor announced that at this point in the meeting he was adjourning the current City Council as constituted and turned the meeting over to City Clerk Maria Stewart.

 

Member of the public Jerry Rubin spoke in favor of splitting the two-year Mayor term between Councilmember McKeown and Councilmember Katz.

 

4-A:     Election of Mayor for the ensuing two years, was presented.

 

The City Clerk opened the floor for the election of Mayor for the ensuing two years.

 

Councilmember Bloom nominated Councilmember Genser as Mayor for a two-year term and Councilmember McKeown as Mayor Pro Tem for a two-year term.

Councilmember Shriver nominated Councilmember O=Connor as Mayor for the first year and Councilmember Katz as Mayor Pro Tem for the first year, and Councilmember Holbrook as Mayor for the second year and Councilmember Shriver as Mayor Pro Tem for the second year.

 

There being no other nominations, Councilmember Shriver=s nomination was approved by the following vote:

 

Councilmember Bloom=s motion:    Councilmember McKeown, Councilmember Genser, Councilmember Bloom

 

Councilmember Shriver=s motion: Councilmember Shriver, Councilmember Katz,

Councilmember Holbrook, Councilmember O=Connor

 

Upon the result of the vote, Mayor O=Connor assumed the Chair.

 

4-B:     Election of Mayor Pro Tem for the ensuing two years.

 

Action on this matter was taken under Item 4-A.

 

CONSENT CALENDAR:

All items were considered and approved in one motion unless removed by a Councilmember for discussion.

 

Members of the public Jerry Rubin, Allen Frankel, Freida Dubin, Clifford Stern, Gary Schultz, Gene Burke, Mark Gold, Tim Collins, and Marissa Rubin expressed concerns regarding the fluoridation project listed under Item 1-G.

 

Members of the public Louise Jaffe and Paul Rosenstein spoke in support of Item 1-G. 

 

Members of the public Denny Zane and Patricia Hoffman spoke in support of continuing Item 1-J.

 

At the request of Mayor Pro Tem Katz, Item 1-J was removed from the Consent Calendar.  At the request of Councilmember Genser, Item 1-G was removed from the Consent Calendar.  At the request of Mayor O=Connor, Item 1-C was removed from the Consent Calendar.  At the request of staff, Item 1-H was withdrawn from the Consent Calendar.

 

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

 

MINUTES

1-A:     The minutes of the November 9, 2004, City Council meeting, were approved as submitted.

 

SHORT RANGE TRANSIT PLAN

1-B:     Short Range Transit Plan B recommendation to authorize the City Manager to file the Plan with the L. A. County Metropolitan Transportation Authority, and to file applications and execute grant documents for funds made available, was approved.

 

1528 PRINCETON

1-D:     Resolution No. 10009 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 54033 FOR AN 8-UNIT CONDOMINIUM PROJECT AT 1528 PRINCETON STREET,@ was adopted.

 

1717 4TH STREET - LEASE

1-E:     Lease of office space at 1717 4th Street B recommendation to authorize the City Manager to negotiate and execute a third amendment to existing Lease Agreement No. 5473 (CCS) with Santa Monica HSR Limited Partnership for lease of space for the City=s finance Department, was approved.

 

CONSULTANT SERVICES

1-F:     Plan check and inspection consultant services B recommendation to authorize the City Manager to negotiate and execute Contract No. 8430 (CCS) with California Code Check, in the amount of $200,000, for construction plan review and inspection services; execute Contract No. 8431 (CCS) with Scott Fazekas & Associates, in the amount of $100,000, for construction plan review services; an amendment to Contract No. 7742 (CCS) with Bing Yen & Associates, in the amount of $120,000, for geotechnical and engineering geology services; and an amendment to Contract No. 8155 (CCS) with JAS Pacific Corporation, in the amount of $113,000, for inspection and field review services, was approved.

 

OLD POLICE BLDG.

1-H:     Demolition of old police building and construction of temporary courtyard B recommendation to activate Phase II of Design-Build Contract Number 8306 (CCS) with SKS Construction, Inc. and approve a Guaranteed Maximum Price in the amount of $2,250,000, for the demolition of the vacant former Police Building and construction of an interim courtyard at the rear of City Hall.

 

This Item was withdrawn at the request of staff.

 

BENEFITS - CONSULTING

1-I:       Employee Benefits consulting services B recommendation to authorize the City Manager to negotiate and execute an amendment to existing Contract No. 7495 (CCS) with AON Consulting, in the amount of $50,000 per year, to fiscal year 2004-2006, was approved.

 

CVB FUNDING

1-K:     Convention and Visitors Bureau funding B recommendation to authorize the City Manager to negotiate and execute an amendment to existing Agreement No. 4581 (CCS) with the Convention and Visitors Bureau, and appropriate $500,000 set aside to promote Santa Monica as a destination and to assist visitors to the City, was approved.  

Councilmember O=Connor was excused at 6:44 p.m.

 

MILLS ACT AGREEMENTS

1-C:     Mills Act Historical Property Agreements between the City and various  owners of properties designated as City landmarks B recommendation to adopt eleven resolutions for eleven properties and authorize the City Manager to execute Historical Property Preservation Agreements with each of the property owners, was presented.

 

Mayor O=Connor excused herself from participating in this matter due to a conflict of interest.  Mayor Pro Tem Katz assumed the Chair.

 

Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve staff recommendation, adopt resolutions and approve contracts as follows:  Resolution No. 9998 (CCS) and Contract No. 8419 (CCS) (140 Hollister Ave., #1); Resolution No. 9999 (CCS) and Contract  No. 8420 (CCS) (140 Hollister Ave., #2); Resolution No. 10000 (CCS) and Contract No. 8421 (CCS) (140 Hollister Ave., #3); Resolution  No. 10001 (CCS) and Contract No. 8422 (CCS) (140 Hollister Ave., #4); Resolution No. 10002 (CCS) and Contract No. 8423 (CCS)  (2034 La Mesa Dr.); Resolution No. 10003 (CCS) and Contract No. 8424 (CCS) (147 Georgina Ave.); Resolution No. 10004 (CCS) and Contract No. 8425 (CCS) (2511 Beverly Ave.); Resolution No. 10005 (CCS) and Contract No. 8426 (CCS) (2402 4th St., #4); Resolution No. 10006 (CCS) and Contract No. 8427 (CCS) (2621 2nd St.); Resolution No. 10007 (CCS) and Contract No. 8428 (CCS) (822 3rd St.); and Resolution No. 10008 (CCS) and Contract No. 8429 (CCS) (406 Adelaide Dr.).  The motion was approved as follows:

 

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

NOES:            None

ABSENT:       Councilmember O=Connor

 

Mayor O=Connor returned at 6:46 p.m.

 

FLUORIDATION - REJECTION OF BIDS

1-G:     Rejection of bids for construction of the Fluoridation Project B recommendation to reject all bids received for the project, waive formal bidding procedures, and authorize the City Manager to negotiate a contract on the open market to construct the water fluoridation project, was presented, was presented.

 

Councilmember Genser requested information on the impact if bids are not rejected and on allocation of funds.  Staff advised that the best bid would be approved and that staff would return with a funding plan.

 

Motion by Mayor Pro Tem Katz, seconded by Councilmember Bloom, to approve staff recommendation.  The motion was approved by the following vote:

 

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

                        Mayor O=Connor

NOES:            None

ABSENT:       None

 

Councilmember McKeown was excused at 6:47 p.m.

 

SCHOOL DISTRICT - AGREEMENT

1-J:      Agreement with Unified School District for community use programs B recommendation to authorize the City Manager to negotiate and execute a Master Agreement and sub agreements with the Santa Monica-Malibu Unified School District that provide for community use of District property, was presented.

 

Councilmember McKeown stated that due to his employment with the School District and wanting to avoid an appearance of conflict of interest, he was recusing himself from this matter.

 

Motion by Councilmember Genser to continue this matter until the next Council meeting.  The motion died for lack of a second.

 

Motion by Mayor Pro Tem Katz, seconded by Councilmember Shriver, to continue to negotiate, but before final document is ratified, it be returned to Council for public review and comment.

 

Substitute motion by Councilmember Bloom, to allow staff the opportunity to execute the agreement but before the execution, share the agreement with the City Council and the School District.  The substitute motion died for lack of a second.

 

Motion to amend by Councilmember Genser that once the City Manager and the Superintendent of Schools have mutually agreed on a draft, the draft will become public and staff will place it on the next convenient agenda for a hearing and Council=s direction; and that this process is being followed because this is a contract between two public entities that arose due to a great deal of community concern.  The maker and the seconder of the original motion accepted this amendment as friendly.  The motion was unanimously approved by voice vote, with Councilmember McKeown absent.

 

Councilmember McKeown returned at 6:55 p.m.

 

On order of the Mayor, the City Council recessed the regular Council meeting at 6:55 p.m., to a joint meeting with the Redevelopment Agency with all members present.

 

SPECIAL JOINT MEETING:

 

JOINT MEETING WITH THE REDEVELOPMENT AGENCY:

 

ANNUAL REPORT

1-L:     Annual Report for Fiscal Year 2003-2004 for the Redevelopment Agency B recommendation that the City Council receive and file information and that the Redevelopment Agency direct the Executive Director to transmit the report to the Controller of the State of California, was presented.

 

Members of the public Joey Fullmer and Jerry Rubin commented on the proposed Annual Report.

 

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

 

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

                        Mayor O=Connor

NOES:            None

ABSENT:       None

 

ADJOURNMENT OF SPECIAL JOINT MEETING

On order of the Mayor, the special joint meeting was adjourned at 7:00 p.m., and the regular City Council meeting was reconvened, with all members present.

 

CLOSED SESSIONS:

On order of the Mayor, the City Council recessed at 7:05 p.m. to consider closed sessions and reconvened at 7:55 p.m., to report the following:

 

2-A:     Conference with Legal Counsel B Existing Litigation:  Fifth/Arizona Investors, LLC v. City of Santa Monica, Case No. SC 083 204.

 

This matter was heard and there was no reportable action taken.

 

2-B:     Conference with Legal Counsel B Existing Litigation:  Amalia Hernandez v. City of Santa Monica, Case No. SC 078 840.

 

Motion by Mayor O=Connor, seconded by Mayor Pro Tem Katz, to approve settlement in the amount of $500,000.  The motion was approved by the following vote:

 

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

                        Mayor O=Connor

NOES:            None

ABSENT:       None

 

2-C:     Conference with Legal Counsel B Existing Litigation:  City of Santa Monica v. City of Los Angeles, Case No. BS 093 791.

 

This matter was heard and there was no reportable action taken.

 

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

 

This matter was heard and there was no reportable action taken.

 

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

 

This matter was not heard.

 

2-F:     Conference with Legal Counsel B Existing Litigation:  Santa Monica Food Not Bombs v. City of Santa Monica, Case No. CV 03-0032 R.

 

This matter was not heard.

 

2-G:     Conference with Legal Counsel B Existing Litigation:  Santa Monica Housing Council v. City of Santa Monica, Case No. SC 074 683.

 

This matter was heard and there was no reportable action taken.         

 

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

Number of cases:  Three.

 

This matter was heard and there was no reportable action taken.         

 

ADMIN. PROCEEDINGS:

 

3010 WILSHIRE APPEAL

6-A:     Appeal of Planning Commission's CEQA determination for project unmanned wireless communications facility at 3010 Wilshire Boulevard - recommendation to deny appeal and uphold the Planning Commission's CEQA determination exempting the proposed project from further environmental review based on the findings in the report.  Applicant:  Infranext, for AT&T Wireless; Appellant:  Matthew Baird.  (Continued from September 28, 2004.)

 

On order of the Mayor, this matter was continued to a future meeting, with the date to be determined by staff.

 

STAFF  ITEMS:

 

415 PACIFIC COAST HIGHWAY

8-A:     Update on proposed rehabilitation and adaptive reuse of 415 Pacific Coast Highway B recommendation that contingent upon receipt of a funding commitment from Annenberg Foundation, authorize the City Manager to negotiate and execute all necessary agreements and documents with the Foundation and the State of California related to the project; approve an amendment to existing contract with Rincon Associates; approve proposed budgetary actions; and authorize staff to proceed as recommended in the report, was presented.

 

There was no one present for public comment.

 

Motion by Mayor Pro Tem Katz, seconded by Councilmember Shriver, to approve staff recommendation.  The motion was approved by the following vote:

 

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

                        Mayor O=Connor

NOES:            None

ABSENT:       None

 

PICO NEIGHBORHOOD

8-B:     Defining community strategies to reduce gang activity and related crime in the Pico Neighborhood B recommendation that staff work with institutional and community partners to organize a workshop with Pico Neighborhood residents to be held in January or early February of 2005 as an initial step in defining strategies and establishing relationships that will lead to elimination of gang affiliation and gang violence in the community, was presented.

 

Members of the public Joey Fullmer, Art Casillas, Darrell Goode, Oscar de la Torre, Maria Loya, Lisa Golden Balfus, Patricia Hoffman, Ana Maria Jara, Ernesto Leon, Daniel Jordan, Irma Carranza, Louise Jaffe, and Gina Oster spoke in support of the Pico Neighborhood.

 

Motion by Councilmember Bloom, seconded by Mayor Pro Tem Katz, to approve staff recommendation amended to allow the Social Services Commission to participate and review at appropriate stages.  The motion was approved by the following vote:

 

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

                        Mayor Bloom

NOES:            None

ABSENT:       None

 

CIVIC CENTER VILLAGE HOUSING

8-C:     Civic Center Village Housing  - recommendation that the City Council provide massing guidelines and tenure characteristics for the residences, so that a Request for Proposals for the development of the Village can be issued to the developer-design teams of Bridge Housing, Castle and Cook, Inc., and The Related Companies, was presented.

 

Members of the public Jacobs Samuel, Arthur Harris, Ellen Brennan, Jason Parry and Carissa Drucker commented on various aspects of the proposal.

 

Motion by Councilmember Genser, seconded by Mayor Pro Tem Katz, to direct staff to issue RFP=s and to convey to respondents that the RFP=s will be evaluated for the following values: maintaining a minimum of 325 units with 160 affordable housing units; that there be a mixture of ownership and rental housing, including live-work and family housing; to minimize height when possible or demonstrate clear advantages for taller buildings if proposed; that open space shall be maximized, flexible, and a quality of life design, and be included throughout all of the project; that there be a finer grain to the project, for example facades be encapsulated with smaller units and individual entrances to give a more human and pedestrian scale and neighborhood feel; that residences around park relate to the park to make it a neighborhood park, and that there be park-like landscaping.

 

Substitute motion by Councilmember Holbrook, seconded by Councilmember Shriver, to reduce the number of units to 160 units on two of the three sites and leave more open space.  The substitute motion failed by the following vote:

 

AYES:             Councilmembers Holbrook, Shriver

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

ABSENT:       None

 

Motion to amend by Councilmember Bloom to include in the main motion  alternative energy plans.  The motion was accepted as friendly by the maker and the seconder.

 

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

 

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

NOES:            Councilmember Holbrook

AYES:             None

 

STATUS OF WOMEN AND GIRLS

10-A:   Presentation of the Report on the Status of Women and Girls in Santa Monica by the Commission on the Status of Women, and recommendations for action, was presented.

 

There was no one present for public comment.

 

Motion by Councilmember Shriver, seconded by Councilmember Bloom, to approve recommendation.  The motion was unanimously approved by voice vote, with all members present.

 

COUNCIL ITEMS:

 

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

 

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, and one special vacancy for a term ending November 8, 2005.

 

On order of the Mayor, the above matter was continued to January 11, 2005.

 

ACCESSIBILITY APPEALS

13-B:   Appointment to one special vacancy on the Accessibility Appeals Board for a term ending June 30, 2005.

 

On order of the Mayor, this matter was continued to January 11, 2005.

 

ARB

13-C:  Appointment to one special vacancy on the Architectural Review Board for a term ending June 30, 2005.

 

On order of the Mayor, the above matter was continued to January 11, 2005.

 

ARTS COMMISSION

13-D:  Appointment to one special vacancy on the Arts Commission for a term ending June 30, 2006.

 

On order of the Mayor, the above matter was continued to January 11, 2005.

 

DISABILITIES COMMISSION

13-E:   Appointment to one special vacancy on the Disabilities Commission for a term ending June 30, 2007.

 

On order of the Mayor, the above matter was continued to January 11, 2005.

 

SAMOHI CHORAL PARENTS ASSN.

13-F:   Request of Mayor Pro Tem McKeown that the Council allocate from its discretionary fund a matching grant of $25,000 to the Choral Parents Association of Santa Monica High School, to assist in scholarship fundraising so 42 low-income family students can join their peers at March's National High School Choral Festival in Honolulu, was presented.

 

Members of the public Charles Rhodes, Nan Borcherding, Lisa Kanof, Allegra Fonda-Bernardi, and Sabrina Fields spoke in support of the request.

 

Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve request.  The motion was approved by the following vote:

 

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

                        Mayor O=Connor

NOES:            None

ABSENT:       None

 

SOBERING CENTER

13-G:  Request of Councilmembers Shriver, Katz, and Holbrook to direct staff to return on an expedited basis with recommendations regarding the creation of a sobering center, perhaps in the City jail, was presented.

 

There was no one present to comment.

 

Motion by Councilmember Shriver, seconded by Mayor Pro Tem Katz, to approve request.  The motion was unanimously approved by voice vote, with all members present.

 

PUBLIC COMMENT:

Members of the public Pro Se, P.G. Curtis and Clifford Stern commented on various issues.

 

ADJOURNMENT: 

On order of the Mayor, the City Council meeting was adjourned at 11:18 p.m. to January 11, 2005, in memory of J.P. Nethercutt.

 

ATTEST:                                                        APPROVED:

 

 

Maria M. Stewart                                           Pam O=Connor

City Clerk                                                       Mayor