CITY OF SANTA MONICA

CITY COUNCIL MINUTES

MARCH 22, 2005

A regular meeting of the Santa Monica City Council was called to order by Mayor O=Connor at 5:52 p.m., on Tuesday, March 22, 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

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 5:52 p.m., with all members present. Fire Chief Jim Hone 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.

Members of the public Joey Fullmer and Joe Natoli addressed issues related to the Consent Calendar items.

At the request of Mayor Pro Tem Katz, Items 1-A and 1-E were removed from the Consent Calendar. At the request of Councilmember Holbrook, Item 1-B was removed from the Consent Calendar.

Motion by Councilmember Bloom, seconded by Councilmember Holbrook, to approve all items on the Consent Calendar as presented except for Items 1-A, 1-B and 1-E, 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, Genser, Mayor Pro Tem Katz,

Mayor O=Connor

NOES: None

ABSENT: None

BBB MAPS & SCHEDULES

1-C: Big Blue Bus system map and schedules B recommendation to award Bid No. 2880 to Monarch Litho Inc., at specified prices, to provide printing services for the Big Blue Bus system map; and to LA Modem, at specified prices, to provide printing services for the Big Blue Bus schedules, was approved.

1032 3^RD STREET

1-D: Recommendation to adopt Resolution No. 10026 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 54685 FOR A 4-UNIT CONDOMINIUM PROJECT AT 1032 THIRD STREET,@ was adopted.

MINUTES

1-A: Approval of minutes of the February 15, and the February 22, 2005, City Council meetings, were presented.

Mayor Pro Tem Katz advised he had removed this item from the Consent Calendar because he was absent for the February 15, 2005, minutes and wanted to abstain on that vote.

Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve the minutes as submitted. The minutes were unanimously approved by voice vote, with all members present, and with Mayor Pro Tem Katz abstaining on the minutes of February 15.

HAZARDOUS MATERIALS VEHICLE

1-B: Purchase of Hazardous Materials Vehicle - recommendation to award Bid No. 2885 to SVI Trucks, in the amount of $483,763.84, to furnish and deliver one hazardous materials response apparatus for the Fire Department, was presented.

Councilmember Holbrook advised he removed this item from the Consent Calendar to find out the disposition of the old vehicle. Staff responded to questions from Councilmembers.

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

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

Mayor O=Connor

NOES: None

ABSENT: None

YALE STREET IMPROVEMENT

1-E: Canvass of Yale Street Improvement District Election and adoption of resolution of intention to levy assessments B recommendation to accept the certified canvass of improvement district election; adopt Resolution No. 10027 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CONSTRUCTION OF STREET IMPROVEMENTS ALONG PORTIONS OF YALE STREET AND ESTABLISHING AN ASSESSMENT DISTRICT FOR THE PURPOSE OF CONSTRUCTION OF THE IMPROVEMENTS AND DECLARING AN INTENTION TO LEVY ASSESSMENTS UPON PARCELS WITHIN THE ASSESSMENT DISTRICT UPON COMPLETION OF THE IMPROVEMENTS,@ and direct staff to proceed with the project, was presented.

Mayor Pro Tem Katz advised he removed this item from the Consent Calendar because of safety concerns regarding appropriate width of the streets for fire truck navigation, and because the margin of the election results is too close. Staff responded to questions from Councilmembers.

Motion by Mayor Pro Tem Katz, to reconsider this matter based on his concerns. The motion died for lack of a second.

Discussion ensued regarding the width of the streets needed to accommodate fire trucks, street configuration, public safety and minimum street width requirements for oversize vehicles.

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

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

NOES: Mayor Pro Tem Katz

ABSENT: None

CLOSED SESSIONS:

Member of the public Jerry Rubin expressed his views related to Item 2-F.

On order of the Mayor, the City Council recessed at 6:15 p.m., and reconvened at 7:17 p.m., with all members present, 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: Heard. No reportable action taken.

2-B: Conference with Legal Counsel B Existing Litigation: Watson Partners, L.P., et al. v. KPRS Construction Services, Inc., Case No. BC 329 528.

ACTION: Heard. No reportable action taken.

2-C: Conference with Legal Counsel B Anticipated Litigation. Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): three potential cases related to real property located at 161 Ocean Park Blvd., 1267 Pacific Coast Highway, and 1007 Pier.

ACTION: Heard. No reportable action taken.

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

ACTION: Heard. No reportable action taken.

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

ACTION: Heard. No reportable action taken.

2-F: Conference with Legal Counsel B Existing Litigation: Robert Holbrook and Herb Katz v. City of Santa Monica, Case No. BS 086 908.

ACTION: Heard. No reportable action taken.

2-G: Conference with Legal Counsel B Existing Litigation: City of Santa Monica, et al.  v. City of Los Angeles, et al., LASC Case No. BS 093502 (APlaya Vista@).

ACTION: Heard. No reportable action taken.

ADMIN. ITEMS:

3020 WILSHIRE APPEAL

6-A: Appeal of Planning Commission=s CEQA determination exempting the construction of an unmanned wireless telecommunication facility from environmental review (3010 Wilshire) B recommendation to deny the appeal and uphold the Planning Commission=s determination exempting the proposed project from further environmental review based on the proposed findings. Applicant: Infranext, for AT&T Wireless; Appellant: Matthew Baird

Staff presented a report on the appeal. City consultant Johnathan Kramer reviewed his report to the City on this matter.

Appellant Matthew Baird and representative Barbara Farrish, spoke to the merits and in support of the appeal.

Jeremy Stern, representing applicant Infranext, spoke to the merits of the project and in opposition of the appeal.

The following members of the public spoke in opposition to the project: Donald Hays, Paul Papick, Donna Lady, Joe Natoli, Ken Lady, Page Hale, Amy Minteer, Nels Brown, Victor Liang, Mike Marino, John Hogg, Kathryn Turk, Jenny Lee, Deborah Bauman, Kathleen Intag, Daniel Bushnell, Peter Jensen, Patty Factor, Maria Jenson, Michael Robitaille, Anne Rice, Angela Papich, Leila Ali, Gina Roberson, and James Wynn.

Appellant Matthew Baird and Barbara Farrish provided a rebuttal to the public comment.

Applicant=s representative Jeremy Stern and Aineakho Irune-Osior provided a rebuttal to the public comment.

Discussion ensued on the issues raised by members of the public, and the area of authority that Council has to act on the appeal. Discussion also ensued on the effects of all Councilmembers abstaining on a vote. The City Attorney provided an opinion on the effects of taking such a course.

Motion by Councilmember Genser, seconded by Mayor O=Connor, to deny the appeal and uphold the Planning Commission=s decision. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Holbrook, Shriver, Genser, Mayor O=Connor

NOES: None

ABSTAIN: Councilmember McKeown, Mayor Pro Tem Katz

ABSENT: None

Motion by Councilmember Shriver, seconded by Mayor O=Connor, to direct city attorney to review the related statutes enacted, as mentioned during public comment, in Stamford, San Francisco and anywhere else that compliance measures have been instituted and return to Council for possible direction. The motion was unanimously approved by voice vote, with all members present.

Motion by Councilmember Bloom, seconded by Mayor Pro Tem Katz, to direct staff to communicate with Santa Monica City College to determine if the College is in conformity with City codes regarding wireless installations, and if not, that the College be brought into conformity. The motion was unanimously approved by voice vote, with all members present.

BIG BLUE BUS APPEAL

6-B: Appeal of Planning Commission=s approval for the remaining phases of the Big Blue Bus Facility Expansion Plan B recommendation that the City Council deny the appeal and uphold the Planning Commission=s approval of the project with the elimination of the requirement for after-hours public parking within the subterranean garage, based upon the proposed findings and conditions of approval. Applicant: Big Blue Bus; Appellant: Craig D. Jones

On order of the Mayor, and at the request of staff, this matter was continued to April 12, 2005.

ORDINANCES:

USE OF PUBLIC RESTROOMS

7-A: Second reading and adoption of Ordinance No. 2155 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 4.08.285 TO THE MUNICIPAL CODE TO ALLOW THE ESTABLISHMENT OF RULES FOR USE OF PUBLIC RESTROOMS,@ was presented.

Motion by Councilmember Holbrook, 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,

Mayor O=Connor

NOES: None

ABSENT: None

SUNSET PARK; NORTH OF WILSHIRE

7-B: Introduction and adoption of Emergency Ordinance No. 2156 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING THE MODIFICATIONS TO THE DEVELOPMENT STANDARDS FOR PARCELS IN THE R-1 DISTRICTS LOCATED IN THE SUNSET PARK AND NORTH OF WILSHIRE NEIGHBOR-HOODS; AND DECLARING THE PRESENCE OF AN EMERGENCY,@ was presented.

Member of the public Joey Fullmer expressed various concerns. Members of the public Beth Hummer, Lawrence Hummer, Scott Herron, Peter Schechter, and Thomas Nordberg spoke in opposition to the proposed ordinance.

Discussion ensued on the concerns raised by members of the public and on the nature of the emergency ordinance.

Motion by Mayor Pro Tem Katz, to direct staff to meet with local architects who understand both the Sunset Park and North of Wilshire area, receive their input, return to Council with a flexible proposal including what discretion staff should have to approve a project without a variance, on what would require a variance with the Zoning Administrator as the hearing officer, and no review by the Architectural Review Board.

With the consensus of Council, this motion was tabled until action on the ordinance is taken.

Motion by Councilmember Genser, seconded by Councilmember Bloom, to introduce and adopt the ordinance, reading by title only and waiving further reading thereof.

Substitute motion by Councilmember Shriver, seconded by Mayor Pro Tem Katz, to introduce and adopt the ordinance, reading by title only and waiving further reading thereof, amended to change the effective date through July 31, 2005. The substitute motion failed on the following vote:

AYES: Councilmembers Shriver, Holbrook, Mayor Pro Tem Katz

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

ABSENT: None

The main motion, requiring five votes, failed by the following vote:

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

NOES: Councilmembers Shriver, Holbrook, Mayor Pro Tem Katz

ABSENT: None

Motion by Councilmember Genser, seconded by Mayor O=Connor, to introduce and adopt the ordinance, reading by title only and waiving further reading thereof, amended to change its duration from two years to one year. The motion, requiring five votes, failed by the following vote:

AYES: Councilmember Genser, McKeown, Bloom, Mayor O=Connor

NOES: Councilmembers Shriver, Holbrook, Mayor Pro Tem Katz

ABSENT: None

Motion by Mayor O=Connor, seconded by Councilmember Genser, to introduce and adopt the ordinance, reading by title only and waiving further reading thereof, amended to change the effective date through August 31, 2005. The motion was approved by the following vote:

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

Mayor O=Connor

NOES: None

ABSENT: None

Motion by Councilmember Genser, seconded by Mayor Pro Tem Katz, to direct staff to return with a menu of items and a range of options on dealing with concerns expressed during this discussion, including but not limited to meeting with local architects who understand both the Sunset Park and North of Wilshire area, receive their input, return to Council with a flexible proposal including what discretion staff should have to approve a project without a variance, on what would require a variance with the Zoning Administrator as the hearing officer, and no review by the Architectural

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

STAFF ITEMS:

HOMELESSNESS

8-A: Update on implementation of strategies to address homelessness in Santa Monica B recommendation that Council support securing a building for a regional psychiatric urgent care facility and sobering center with an allocation of $10,000; provide direction regarding any appropriate modifications to City policy; and adopt Resolution No. 10028 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA IN SUPPORT OF THE WESTSIDE CITIES COUNCIL OF GOVERNMENTS (ACOG@) COLLABORATIVE EFFORTS AND ADVOCACY TO ADDRESS HOMELESSNESS,@ was presented.

The following members of the public spoke in general support and provided input on the subject as follows: Joey Fullmer, Dennis Haley, Jerry Rubin, David Smith, Randy Walburger, B.A. Gray, Linda Sullivan, Charity Luvcolbert, David Busch, Linda Armstrong, and Michael Feinstein.

Motion by Councilmember Genser, seconded by Councilmember Bloom, to adopt resolution No. 10028 (CCS), 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,

Mayor O=Connor

NOES: None

ABSENT: None

Motion by Councilmember Shriver, seconded by Councilmember McKeown, to allocate the proposed $10,000. The motion was approved by the following vote:

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

Mayor O=Connor

NOES: None

ABSENT: None

Motion by Councilmember Genser, seconded by Councilmember McKeown, that on the AAbandoned property@ proposal (page 12, staff report), that staff return with options for allowing a reasonable time before belongings are considered to be Aunattended,@ for greater enforcement, and that there be additional locker space available for storage. The motion was unanimously approved by voice vote, with all members present.

Motion by Councilmember Shriver, seconded by Mayor O=Connor, that as to the proposed item ALying or Sitting on Sidewalks,@that staff return with information on the existing Los Angeles ordinance. The motion was unanimously approved by voice vote, with all members present.

It was the consensus of Council to direct staff to return with additional information on the possibility of allowing individuals to sleep in their cars (vehicular camping) in a designated area; and the use of freeway underpasses and off-ramps, and Pier and Memorial Park showers.

On order of the Mayor, and with the consensus of Council, the discussion of related advocacy efforts to be continued to a future meeting.

COUNCIL ITEMS:

APPOINTMENTS

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

SENIOR COMMUNITY

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

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

Councilmember Genser nominated Sally Brighter. There being no other nominations, Ms. Brighter was appointed by acclamation, with all members present.

STATUS OF WOMEN

Commission on the Status of Women - one vacancy for a term ending June 30, 2008.

On order of the Mayor, this matter was continued to April 12, 2005.

PIER RESTORATION CORPORATION

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

On order of the Mayor, this matter was continued to April 12, 2005.

STYROFOAM BAN

13-B: Request of Councilmember McKeown to direct staff to investigate a ban on foam plastic products, as recommended by the Environmental Task Force and recently passed by the City of Malibu, consult with the local business community on economic impacts, and return to the Council with information, recommendations, and suggestions for an implementing ordinance if appropriate, was presented.

Member of the public Mark Gold spoke in support of the request.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with all members present.

PUBLIC INPUT:

Members of the public Art Casillas, Tim Dillinbeck, and William Bolte addressed various concerns.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 12:28 a.m., in memory of America Jara, and in memory of Dr. George Quiroz.

ATTEST: APPROVED:

Maria M. Stewart Pam O=Connor

City Clerk Mayor