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