(NOT APPROVED)

 

CITY OF SANTA MONICA

 

CITY COUNCIL MINUTES

 

MARCH 8, 2005

 

A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem Katz at 5:54 p.m., on Tuesday, March 8, 2005, at City Council Chambers, 1685 Main Street.

 

Roll Call:          Present:            Mayor Pro Tem Herb Katz

Councilmember Richard Bloom

Councilmember Ken Genser

Councilmember Robert T. Holbrook

Councilmember Kevin McKeown

Councilmember Bobby Shriver

 

Absent: Mayor 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 Pro Tem, the City Council convened at 5:54 p.m., with all members present.  Assistant City Manager Gordon Anderson 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.

 

Motion by Councilmember Genser, seconded by Councilmember Holbrook, to approve all items on the Consent Calendar as presented, reading resolutions and ordinances by title only and waiving further reading thereof.  The motion was approved by the following vote:

 

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

NOES:             None

ABSENT:        Mayor O=Connor

 

MINUTES

1-A:     The minutes of the February 8, 2005, City Council meeting, were approved as submitted.

 

BBB - GRAPHIC DESIGN

1-B:     Big Blue Bus Rapid Bus Graphic Design - recommendation to authorize the City Manager to negotiate and execute an amendment to existing Contract No. 8454 (CCS) with Sussman/Prejza, in the amount of $12,800, for development of elements needed for branding and customer communications for the new Rapid 3 Service, was approved.

 

OLD POLICE BUILDING

1-C:     Electrical Power Change-over for Old Police Building B recommendation to waive competitive bidding and authorize the City Manager to negotiate and execute design-build Contract No. 8455 (CCS)  with Neubauer Electric, in the amount of $311,000, for electrical power change-over of the old Police Building, was approved.

 

CLOSED SESSIONS:

On order of Mayor Pro Tem Katz, the City Council recessed at 6:03 p.m., to consider closed sessions and returned at 6:50 p.m., with Mayor O=Connor absent, to report the following:

 

2-A:     Conference with Legal Counsel B Existing Litigation:  Arturo Gonzalez v. City of Santa Monica, Case No. 99-05409.

 

ACTION:        Not heard.

 

2-B:     Conference with Legal Counsel B Existing Litigation:  Aljean Harmetz v. City of Santa Monica, Case No. SC 081 725.

 

ACTION:        Heard.  No reportable action taken.

 

2-C:     Conference with Legal Counsel B Existing Litigation:  Julio Montoro v. City of Santa Monica, Case No. SC 079 856.

 

Motion by Councilmember Genser, seconded by Councilmember Bloom, to approve settlement in the amount of $55,000.  The motion was approved by the following vote:

 

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

NOES:             None

ABSENT:        Mayor O=Connor

 

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

 

ACTION:        Heard.  No reportable action taken.

 

 2-E:     Conference with Legal Counsel B Anticipated Litigation.  Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): Two potential cases related to real property located at 1267 Pacific Coast Highway and 161 Ocean Park Boulevard.

 

ACTION:        Not heard.

 

SPECIAL ITEMS:

4-A:     A proclamation declaring March 2005 to be Women=s History Month in the City of Santa Monica, was issued by Mayor Pro Tem Katz, and a presentation was made by the Commission on the Status of Women=s Young Leaders= Oral History Project in honor of Women=s History Month.

 

ORDINANCES:

LIVING WAGE

7-A:     Second reading and adoption of Ordinance No. 2152 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA ADDING CHAPTER 4.65 TO THE MUNICIPAL CODE CREATING MINIMUM WAGE REQUIREMENTS APPLICABLE TO CITY CONTRACTORS,@ was presented.

 

Motion by Councilmember McKeown, seconded by Councilmember Shriver, to adopt the ordinance reading by title only and waiving further reading thereof.  The motion was approved by the following vote:

 

AYES:             Councilmembers Bloom, McKeown, Shriver, Genser

NOES:             Councilmember Holbrook, Mayor Pro Tem Katz

ABSENT:        Mayor O=Connor

 

RESTAURANT CAP

7-B:     Second reading and adoption of Ordinance No. 2153 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE MUNICIPAL CODE TO ELIMINATE THE NUMERICAL CAP ON RESTAURANTS IN THE BAYSIDE DISTRICT AND ON THE PROMENADE AND EXPAND THE TYPES OF ESTABLISHMENTS THAT CAN CONDUCT ALCOHOL SALES IN THE BAYSIDE DISTRICT SUBJECT TO CONDITIONAL USE PERMIT, TO ALLOW NEW RESTAURANTS WITH ALCOHOL SERVICE IN SPECIFIED BAYSIDE DISTRICTS TO BE ADMINISTRATIVELY APPROVED RATHER THAN REQUIRING A CUP, AND EXPANDING THE VENDING CART PROGRAM SUBJECT TO A LICENSE AGREEMENT,@ was presented.

 

Motion by Councilmember Holbrook, seconded by Councilmember Bloom, to adopt ordinance reading by title only and waiving further reading thereof.  The motion was approved by the following vote:

 

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

NOES:             None

ABSENT:        Mayor O=Connor

 

FEES - USE OF PUBLIC PROPERTY

7-C:     Second reading and adoption of Ordinance No. 2154 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2.72 OF THE MUNICIPAL CODE RELATING TO FEES FOR MUNICIPAL SERVICES AND PAYMENTS TO THE CITY FOR THE PRIVATE COMMERCIAL USE OF PUBLIC PROPERTY,@ was presented.

 

Motion by Councilmember McKeown, seconded by Councilmember Bloom, to adopt the ordinance, reading by title only and waiving further reading thereof.  The motion was approved by the following vote:

 

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

NOES:             None

ABSENT:        Mayor O=Connor

 

USE OF PUBLIC RESTROOMS

7-D:     Introduction and first reading of an ordinance adding Section 4.08.285 to the Municipal Code to allow the establishment of rules for use of public restrooms, was presented.

 

Members of the public Joey Fullmer and Pro Se expressed concerns and provided suggestions relative to the proposal.

 

Members of the public Ron Taylor, Christine Schanes, and Jerry Rubin spoke in opposition to the proposed ordinance.

 

Motion by Councilmember Genser, seconded by Councilmember McKeown, to introduce the ordinance for first reading, reading for title only and waiving further reading thereof, and directing staff to include specific language wording in the guidelines regarding enforcing with a warning or citation, and only on specific non-cooperative cases enforce as a misdemeanor.  The motion was approved by the following vote:

 

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

NOES:             None

ABSENT:        Mayor O=Connor

 

STAFF ITEMS:

STEWART V. CITY

8-A:     Status of City v. Stewart and alternatives available following Court of Appeals decision not to decide constitutionality of Oaks Initiative B recommendation that Council consider the City=s options and provide direction to staff, was presented.

 

Members of the public Carmen Balber, Todd Eichenberger, Sue Griffin, and Tom O=Meare, spoke in support of enforcement of the Oaks Initiative.

 

Member of the public Jerry Rubin spoke in support of staff=s recommendation.

 

Motion by Councilmember Shriver, seconded by Councilmember Holbrook, to direct staff to explore the option of placing a measure on the November ballot that is clarifying and enforceable and achieve the goals of good government.

 

Motion to amend by Councilmember McKeown, to await judicial resolution on the constitutionality of the measure, before placing a measure on a ballot.  The motion was accepted as friendly by the maker and seconder of the motion.  The main motion, as amended was unanimously approved by voice vote, with Mayor O=Connor absent.

 

PUBLIC HEARINGS:

YALE STREET IMPROVEMENTS

9-A:     Public hearing to form assessment district for various improvements on Yale Street and resolution of intent to proceed B recommendation to hold a public hearing, accept any public comment, adopt Resolution No. 10024 (CCS) entitled: AA RESOLUTION OF INTENTION OF THE CITY OF SANTA MONICA  FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE STREET IMPROVEMENTS AND DECLARING ITS INTENTION TO CONSTRUCT VARIOUS STREET IMPROVEMENTS ON YALE STREET,@ and continue hearing to March 22, 2005, when results of the assessment ballots will be declared, was presented.

 

Members of the public Margaret Frane, Kristin Shirken, Debbie Bullock, Pat Jakle, Natalie Hagan, Ed Malphus, Brian Shirken, Moez Darvish, Alefiya Hussain, Naveed Hussain, and Charles Husting spoke in support of the assessment district.

 

Members of the public Tom Overmire, and Ines Yettra spoke in opposition of the assessment district.  Sue Ann Power spoke in support of placing a 4-way stop at the Washington and Yale intersection.

 

Motion by Councilmember McKeown, seconded by Councilmember Genser, to adopt the resolution, reading by title only and waiving further reading thereof, and to continue the matter to March 22, 2005.  The motion was approved by the following vote:

 

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

NOES:             None

ABSENT:        Mayor O=Connor                    

 

Motion by Councilmember Bloom, seconded by Councilmember Genser to direct staff to investigate the option of placing a 4-way stop at the Washington and Yale intersection.  The motion was unanimously approved by voice vote, with Mayor O=Connor absent.

 

RESOLUTIONS:

PARKING ZONE ZZ

11-A:   Resolution amending and enlarging Preferential Parking Zone ZZ and amending Resolution 9344 (CCS) B recommendation to adopt Resolution No. 10025 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA EXPANDING PARKING ZONE ZZ TO INCLUDE 5TH, 6TH, AND 7TH STREETS BETWEEN WILSHIRE AND MONTANA; INCLUDE MONTANA AND CALIFORNIA AVENUES BETWEEN 4TH AND 7TH; AND INCLUDE IDAHO AND WASHINGTON AVENUES BETWEEN 4TH STREET AND LINCOLN@; and to adopt proposed budget adjustments, was presented.

 

Member of the public Joey Fullmer expressed various concerns.  Member of the public Jane Walker spoke in opposition to the proposed resolution.

 

Motion by Councilmember Genser, seconded by Councilmember Bloom, to adopt the resolution, reading by title only and waiving further reading thereof, and approve the budget adjustments.  The motion was approved by the following vote:

 

AYES:             Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser

NOES:             Mayor Pro Tem Katz

ABSENT:        Mayor O=Connor

 

 

Mayor Pro Tem Katz stated, for the record, that he voted in opposition because parking districts only expand to other districts, never solve anything, and create more preferential parking.      

 

WRITTEN COMMUNICATIONS:

PARKING STICKERS

12-A:   Request of Bernadette Scully that visitor=s parking stickers be redesigned to delete the resident=s address for safety and privacy reasons.                                                      

 

On order of the Mayor Pro Tem, Ms. Scully not being present, the information was received and filed.

 

COUNCIL ITEMS:

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

 

SENIOR COMMUNITY COMMISSION

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

 

On order of the Mayor Pro Tem, this matter was continued to March 22, 2005.

 

PERSONNEL BOARD

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

 

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

 

Councilmember Holbrook nominated Robert Sullivan.  There being no other nominations, Mr. Sullivan was appointed by acclamation, with Mayor O=Connor absent.

 

PRC

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

 

On order of the Mayor Pro Tem, this matter was continued to March 22, 2005.

 

COMMISSION ON STATUS OF WOMEN

13-B:   Appointment to one special vacancy on the Commission on the Status of Women for a term ending June 30, 2008.

 

On order of the Mayor Pro Tem, this matter was continued to March 22, 2005

 

SB 840

13-C:   Request of Councilmember McKeown that the City Council support our State Senator Sheila Kuehl's bill SB 840, the California Health Insurance Reliability Act, establishing a single comprehensive health plan for all California residents, and that Santa Monica's support be promptly communicated to appropriate legislators and Governor Schwarzenegger, was presented.

 

There was no one present for public comment.

 

Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve request.  The motion was unanimously approved by voice vote, with Mayor O=Connor absent.

 

PUBLIC INPUT        


Members of the public Pro Se, Jeronimo Saldana, Dina Cervantes, Victor Castro, Edith Rivera, and Art Casillas spoke to various issues.

 

ADJOURNMENT: 

On order of the Mayor, the City Council meeting was adjourned at 10:10 p.m. to in memory of Hector Bonilla and Jonathan Hernandez.

 

ATTEST:                                                         APPROVED:

 

 

Maria M. Stewart                                             Herb Katz

City Clerk                                                        Mayor Pro Tem