CITY OF SANTA MONICA

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JANUARY 11, 2005

A regular meeting of the Santa Monica City Council was called to order by Mayor O=Connor at 5:49 p.m., on Tuesday, January 11, 2005, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Pam O=Connor

Mayor Pro Tem Herb Katz

Councilmember Richard Bloom

Councilmember Ken Genser (arrived at 5:55 p.m.)

Councilmember Robert T. Holbrook

Councilmember Kevin McKeown

Councilmember Bobby Shriver

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 5:49 p.m., with Councilmember Genser absent. Councilmember Shriver 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.

At the request of Mayor Pro Tem Katz, Item 1-A was removed from the Consent Calendar. At the request of staff, Item 1-B was removed from the Consent Calendar.

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

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

NOES: None

ABSENT: Councilmember Genser

STREET IMPROVEMENTS

1-C: Petition for various street improvements and setting of a public hearing B recommendation that Council accept a petition submitted by residents for street improvements on Yale Street, from Montana to Wilshire; and to set a public hearing on March 8, 2005, on the proposed assessment district, was approved.

CIVIC AUDITORIUM EAST WING

1-D: Civic Auditorium East Wing Ceiling Replacement B recommendation to authorize the City Manager to negotiate and execute design-build Contract No. 8438 (CCS) with HEC Construction, Inc., in the amount of $181,000, for construction of the project, was approved.

CIVIC AUDITORIUM COOLING SYSTEM

1-E: Civic Center Auditorium Cooling System B recommendation to authorize the City Manager to negotiate and execute design-build Contract No. 8439 (CCS) with HEC Construction, Inc., in the amount of $871,000, for construction of the project; and approve the proposed budget appropriation, was approved.

AIR POLLUTION REDUCTION

1-F: Recommendation to support participation in the Mobile Source Air Pollution Reduction Review Committee Alternative Fuels Local Government Match Program, was approved.

ALTERNATIVE FUELS

1-G: Recommendation to support participation in the Mobile Source Air Pollution Reduction Review Committee Upgrade and Expansion of Existing CNG and LNG Refueling Stations Funding Program, was approved.

SB 1346

1-H: Resolution No. 10010 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING APPLICATION FOR SB 1346 RUBBERIZED ASPHALT CONCRETE GRANT FUNDS,@ was adopted.

UNIVERSAL PRESCHOOL

1-I: Resolution No. 10011 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA IN SUPPORT OF UNIVERSAL PRESCHOOL FOR ALL FOUR YEAR OLD CHILDREN IN CALIFORNIA,@ was adopted.

839 9^TH STREET

1-J: Resolution No. 10012 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 54243 FOR A FIVE-UNIT CONDOMINIUM PROJECT AT 839 NINTH STREET,@ was adopted.

SUPPORT FOR LIGHT RAIL AND RED LINE EXTENSION

1-K: Resolution No. 10013 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA IN SUPPORT OF THE WESTSIDE CITIES COUNCIL OF GOVERNMENTS= PROPOSED MOBILITY IMPROVEMENTS FOR EXPOSITION LIGHT RAIL AND FOR RED LINE EXTENSION,@ was adopted.

SANTA MONICA FESTIVAL

1-L: Contract for Production of the Annual Santa Monica Festival B recommendation to authorize the City Manager to: 1) negotiate and execute Contract No. 8440 (CCS) with CARS to produce the 2005, 2006, and 2007 Santa Monica Festivals in the annual amount of $80,000, and 2) in the event additional funds are raised, amend the contract, not to exceed $60,000 annually, to include additional services for expanded festival programming, was approved.

MINUTES

1-A: The minutes of the November 23, December 7, and December 8, 2004, City Council Meetings were presented.

Mayor Pro Tem Katz stated he wanted to abstain from voting on the minutes of November 23, as he was absent from that meeting.

Motion by Mayor O=Connor, seconded by Councilmember Holbrook, to approve the minutes as submitted. The motion was unanimously approved by voice vote, with Mayor Pro Tem Katz abstaining on the November 23, 2004, minutes.

CIVIC CENTER PARKING STRUCTURE

At the request of staff, and on order of the Mayor, the proposed contract for waterproofing with D 7 Consulting from Item 1-B. was withdrawn from consideration.

1-B: Civic Center Parking Structure construction contracts B recommendation to authorize the City Manager to negotiate and execute Agreement No. 8436 (CCS) with Smith-Emery Company, in the amount of $223,258, for Deputy Inspection and materials testing; agreement with D 7 Consulting, in the amount of $66,700, for waterproofing inspection; and Agreement No. 8437 (CCS) with Ninyo and Moore, in the amount of $204,700, for geotechnical inspection and environmental oversight services for the project.

Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve staff recommendation, except for the D 7 Contract. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Genser

Councilmember Genser arrived at 5:56 p.m.

CLOSED SESSIONS:

Member of the public Jim Jaffee expressed concerns regarding possible code compliance violations at1007 Pier Avenue related to a trash-can enclosure built within a retaining wall.

On order of the Mayor, the City Council recessed at 6:08 p.m., to consider closed sessions and returned at 7:14 p.m., with all members present, to report the following action taken:

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

The City Attorney reported this matter was not heard.

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

The City Attorney reported this matter was heard and no reportable action was taken.

2-C: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. Playa Vista, Case No. BC 093 502.

The City Attorney reported this matter was not heard.

2-D: Conference with Legal Counsel B Existing Litigation: Colorado Creative Studios, LLC v. City of Santa Monica, Case No. BS 092 727.

The City Attorney reported this matter was heard and no reportable action was taken.

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

The City Attorney reported this matter was heard and no reportable action was taken..

2-F: Conference with Legal Counsel B Anticipated Litigation. Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): four potential cases, including three disputes related to real property located at 1007 Pier, 1236 12th St. and 2301 10th St.

The City Attorney reported that three cases were heard and no reportable action was taken on two cases. On the third case, the following motion was taken regarding 2301 10^th Street:

Motion by Councilmember O=Connor, seconded by Mayor Pro Tem Katz, that due to erroneous advice from the City on a deadline that allowed the project to be subject to a previously existing ordinance, the owners missed the deadline by one day, and the City agrees to settle and allow the project to proceed in accordance with the prior existing ordinance. The motion was approved by the following vote:

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

Mayor O=Connor

NOES: None

ABSENT: None

2-G: Conference with Legal Counsel B Existing Litigation: Amy and John Feldman v. City of Santa Monica, Case No. CV 04-1152 SVW (CWx).

The City Attorney reported that no reportable action was taken.

2-H: Conference with Legal Counsel B Existing Litigation: Lelani Degenaar v. City of Santa Monica, Case No. SC 080 899.

Motion by Mayor Pro Tem Katz, seconded by Councilmember Bloom, to approve settlement of $75,000. The motion was approved by the following vote:

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

Mayor O=Connor

NOES: None

ABSENT: None

2-I: Conference with Legal Counsel B Existing Litigation: Brandee Bradley v. City of Santa Monica, Case No. SC 078 430.

Motion by Councilmember Genser, seconded by Mayor O=Connor, to approve settlement in the amount of $29,500. The motion was approved by the following vote:

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

Mayor O=Connor

NOES: None

ABSENT: None

ORDINANCES:

PLACEMENT OF ITEMS IN THE RIGHT OF WAY/PRIVATE PROPERTY

7-A: Introduction and first reading of an interim ordinance extending the initial interim ordinance authorizing the placement of furniture, portable landscaping and cigarette disposal receptacles within the Public Right-of-Way and display of merchandise on private property, was presented.

There was no one present for public comment.

Motion by Councilmember Genser, seconded by Mayor Pro Tem Katz, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof and directing staff to look into the issue of standards for seating distances from certain obstacles. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

STAFF ITEMS:

BUDGET REVIEW

8-A: Consideration of context in which FY 2005/05 budget will be developed; receive public comment on budget priorities including comments on Community Development Block Grant and Home Investment Partnership Act Programs; and raise questions of staff, was presented.

The following members of the public spoke in support of various funding priorities and provided input, suggestions and comments: Asuka Hisa, Joey Fullmer, Pro Se, Eleanor Blumenberg, Karen Gunn, Susan Crimmins, Richard Cohen, Betsy Hiteshew, Donna Steinberg, Gleam Davis, John Berley, Jennifer Worch, Barry Seid, Joe Natoli, Erik Neandross, Jan Williamson, Nina Fresco, Jerry Rubin, Tom Cleys Louise Jaffe, Julia Brown Kessler, Judy Abdo, Hara Beck, Yolanda de Cordova, Maria Loya, Phyllis Green, Leo Garcia, and Dennis Woods.

On order of the Mayor, the information and public comment were received and filed.

COORDINATED PLAN FOR HOMELESS SERVICES

8-B: Annual review of the City=s Coordinated Plan for Homeless Services, and recommendation to accept report, hold a public hearing, and raise questions and provide preliminary comment on strategies to be discussed on January 25, 2005, was presented.

Members of the public Joey Fullmer, Viper MacKay, Pro Se, Rhonda Meister, Nancy Carter, Joe Natoli, Jerry Rubin, Paul Freese, Dan Grunfeld, Tod Lipka, John Maceri, Brian Canning, and Judy Abdo spoke generally in support of homeless services and comprehensive planning.

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

SOBERING CENTER

8-C: Status of evaluation of the feasibility and effectiveness of the Asobering center@ concept and opportunity for further discussion and direction to staff, was presented.

Members of the public Nicholas Vrataric, Patricia Scanlan, and Paul Freese commented on various aspects of a sobering center and on existing programs in other jurisdictions.

Motion by Councilmember Bloom, seconded by Councilmember Shriver, to approve the goals listed in the staff report on a substantially expedited basis, with staff to look at cooperating with the court system, and continuing regional approach and relationship with Council of Governments, as follows:

$ to slow or stop the revolving door cycle of chronic alcoholics going in and out of detoxification centers, jail and emergency rooms

$ to divert this population off the street and into County-funded treatment programs

$ to significantly reduce the uncompensated costs, time constraints and peoplepower burdens to healthcare, law enforcement and judicial infrastructure caused by homeless chronic alcoholics

$ to give people who routinely live on the street an opportunity to create a stable mainstream lifestyle.

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

SPECIAL JOINT MEETING WITH THE REDEVELOPMENT AGENCY:

On order of the Mayor, the regular City Council meeting convened to a joint meeting with the Redevelopment Agency at 9:51 p.m., with all members present.

HOUSING TRUST FUND GUIDELINES

8-D: Consolidated Rental Housing Trust Fund Guidelines B recommendation that the City Council and the Redevelopment Agency approve the proposed subsidy limits and terms revisions to the Guidelines, was presented.

Members of the public Tod Lipka, Betty Mueller, Mathew Millen, Paul de Santis, Genise Schmitman, Joan Ling and Patricia Hoffman spoke generally in support of the recommendation.

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

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

NOES: Councilmember Holbrook

ABSENT: None

Motion by Mayor Pro Tem Katz, seconded by Councilmember Shriver, that based on comments made during the discussion, to place on a future agenda discussion of the City=s process of the affordable housing program. The motion failed by the following vote:

AYES: Councilmembers Shriver, Holbrook, Mayor Pro Tem Katz

NOES: Councilmembers Genser, McKeown, Bloom, Mayor O=Connor

ABSENT: None

Motion by Councilmember Genser, seconded by Councilmember Bloom, to place on a future agenda discussion of lack of compliance with the City=s Proposition R and possible solutions. The motion was unanimously approved by voice vote, with all members present.

ADJOURNMENT OF SPECIAL JOINT MEETING

On order of the Mayor, the special joint meeting was adjourned at 10:35 p.m., and the regular City Council meeting was reconvened, with all members present.

WRITTEN REQUESTS:

12-A: Request of Georja Umano Jones that Council consider a proposed pilot project for a dog park on the beach, was presented.

Members of the public Daryl Barnett, Bruce Favish, Michelle Jones, Risa Freeman, and Patricia Gordon spoke in favor of the request.

Motion by Councilmember McKeown, seconded by Mayor Pro Tem Katz, to direct staff to prepare pilot program, pursue any County or State authorizations, if needed, and return with specific funding requirements, if any, for Council to consider and implement, considering Heal the Bay=s recommendation and the siting of the area in relation to people with disabilities. The motion was unanimously approved by voice vote, with all members present.

COUNCIL ITEMS:

BOARD/COMMISSION APPOINTMENTS

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.