CITY OF SANTA MONICA

 

CITY COUNCIL MINUTES

 

APRIL 12, 2005

 

A regular meeting of the Santa Monica City Council was called to order by Mayor O=Connor at 5:45 p.m., on Tuesday, April 12, 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 5:45 p.m., with all members present.  Councilmember Bloom 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 Councilmember McKeown, Item 1- F was removed from the Consent Calendar.  At the request of Mayor Pro Tem Katz, Item 1-H was removed from the Consent Calendar.

 

Motion by Mayor Pro Tem Katz, seconded by Councilmember Genser, to approve all items on the Consent Calendar as presented except Items 1-F and 1-H, 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

 

MINUTES

1-A:     The minutes of the March 8 and March 22, 2005, City Council meetings, were approved as submitted.

 

1906-1922 BROADWAY

1-B:     Adoption of Resolution No. 10029 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 54215 TO SUBDIVIDE A PROPERTY AT 1906-1922 BROADWAY FOR A 33-CONDOMINIUM PROJECT,@ was adopted.

 

1237 24TH STREET

1-C:     Adoption of Resolution No. 10030 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 26327 TO SUBDIVIDE A PROPERTY AT 1237 24TH STREET FOR A 4-UNIT PROJECT,@ was adopted.

 

2901 OCEAN PARK

1-D:     Statement of Official Action taken for appeal of Planning Commission=s decision related to project located at 2901 Ocean Park Boulevard, was approved.

 

RISK MANAGEMENT INFO SYSTEM

1-E:     Upgraded Risk Management Information System B recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7482 (CCS) with Valley Oak Systems, in the amount of $30,000 for software license fees and $160,000 for extended maintenance fees for five years, was approved.

 

SECTION 8

1-G:     Section 8 program compliance, eligibility determination for affordable housing projects, Rental Integrity Management Monitoring monthly reviews B recommendation to authorize the City Manager to negotiate and execute Contract No. 8459 (CCS) with Program Compliance Solutions, in the amount of $75,000, to provided services related to program compliance, eligibility determination, and Housing and Urban Development compliance, was approved.

 

EMPLOYEE MEDICAL INSURANCE

1-I:       Adoption of Resolution No. 10031 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING MEMORANDUM OF UNDERSTANDING SETTING TERMS AND CONDITIONS OF MEDICAL INSURANCE COVERAGE WITH VARIOUS CITY LABOR GROUPS,@ was adopted.

 

WHALE OF A MURAL

1-J:      Conservation of mural entitled, Whale of a Mural B recommendation to authorize the City Manager to negotiate and execute  Contract No. 8461 (CCS) with Rainer Zebala Partners, in the amount of $61,400, for the conservation of the mural, was approved.

 

RECYCLING

1-K:     Public education program for used oil and filter recycling - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8346 (CCS) with S. Groner Associates, in the amount of $7,500 for additional services on the  Community-Based Social Marketing public education intervention program for the used oil and filter recycling program, was approved.

 

Councilmember McKeown was excused at 5:52 p.m.

 

DONATION - USED VEHICLE

1-F:     Donation of used vehicle to Santa Monica High School B recommendation to authorize the City Manager to donate one used 1994 Ford Crown Victoria, CNG sedan to the Automotive Department of the Santa Monica High School, was presented.

 

Councilmember McKeown advised that due to his employment relationship with the School District, he had a conflict of interest in this matter and requested to be excused.

 

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

 

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

NOES:            None

ABSENT:       Councilmember McKeown

 

Councilmember McKeown returned at 5:53 p.m.

 

DEMOLITION - FORMER POLICE BUILDING

1-H:     Design contract for demolition of former Police Department Building recommendation to authorize the City Manager to negotiate and execute Contract No. 8460 (CCS) with Killefer Flammang Architects, in the amount of $72,000, for design services related to the project, was presented.

 

Mayor Pro Tem Katz advised he removed this matter from the Consent Calendar in order to clarify what part of the building is being torn down and what is going to remain.  Staff responded to questions of Councilmembers.

 

Motion by Mayor Pro Tem Katz, seconded by Councilmember Genser, to approve recommendation.  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

 

CLOSED SESSIONS:

Member of the public Marshall Grossman addressed Council regarding Item 2-D.

 

On order of the Mayor, the City Council recessed at 6:03 p.m., to hear closed sessions and returned at 7:10 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.

 

Motion by Councilmember Genser, seconded by Mayor Pro Tem Katz, to approve settlement in the amount of $56,000.  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

 

2-B:     Conference with Legal Counsel B Existing Litigation:  Edward Grossman v. City of Santa Monica, Case No. SC 070736.

 

Motion by Councilmember Bloom, seconded by Mayor Pro Tem Katz, to approve settlement in the amount of $35,230.  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

 

2-C:     Conference with Legal Counsel B Anticipated Litigation.  Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): One potential case related to real property located at 1267 Pacific Coast Highway.

 

ACTION:         Not heard.

 

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:  City of Santa Monica v. City of Los Angeles (Playa Vista), Case No. BS 093 502.

 

ACTION:         Not heard.

 

2-F:     Conference with Legal Counsel B Existing Litigation:  Holbrook & Katz v. City of Santa Monica, LASC Case No. BS 086 908, on appeal to the Court of Appeal, Second Appellate District.

 

ACTION:         Heard.  No reportable action taken.

 

SPECIAL ITEMS:

4-A:     Mayor O=Connor issued a proclamation declaring April 12th through May 21st, 2005 as the ASanta Monica Citywide Reads@ program in the City of Santa Monica.

 

ADMIN.  ITEMS:

 

Mayor Pro Tem Katz was excused at 7:15 p.m.

 

BIG BLUE BUS APPEAL

6-A:     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, was presented.

 

Mayor Pro Tem Katz advised that he had a conflict of interest on this matter because the appellant is a client of his firm, and requested to be excused.

 

Craig D. Jones, Appellant, spoke in support of the appeal.

 

Stephanie Negriff, Director of the Big Blue Bus and representing Applicant City of Santa Monica, spoke in support of the project and of the Planning Commission=s approval.

 

Members of the public Jay Johnson, Robert Kerr and Jerry Rubin commented on various aspects of the project.

 

Appellant Jones presented a rebuttal to comments made by Applicant and by the public.

Staff requested to make two corrections on the record.  The first correction under the conditions of approval is to make the plan date February 18, 2005.  The second correction is to add the Planning Commission=s added condition as follows:  AThe first floor space at 7th Street and Colorado Avenue shall be activated with pedestrian-oriented uses that are accessed directly from the public sidewalk in an operation during business hours.@

 

Motion by Councilmember Genser, seconded by Mayor O=Connor, to deny appeal and approve staff recommendation and include the corrections made by staff.  The motion was approved by the following vote:

 

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

NOES:            Councilmember Shriver

ABSENT:       Mayor Pro Tem Katz

 

Motion by Councilmember Genser, seconded by Councilmember McKeown, to direct staff to return with options to provide after-hours public parking at the facility, and that work do not proceed that would prejudice the ability to include that feature.  The motion was unanimously approved by voice vote, with all members present.

 

Mayor Pro Tem Katz returned at 8:22 p.m.

 

3115/3119 SANTA MONICA - APPEAL

6-B:     Appeal of Planning Commission=s denial of conditional use permit to establish two new restaurants/bars at 3115 and 3119 Santa Monica Boulevard B recommendation to deny appeal and uphold Planning Commission=s denial to establish two new restaurants/bars at 3115 and 3119 Santa Monica Boulevard that would operate from 7:00 a.m., to 2:00 a.m., seven days a week with alcohol service, was presented.

 

Appellant/Applicant Anthony Kling presented his arguments in favor of the appeal.

 

Members of the public, Jacqueline Sachen, Denny Sachen, Jerry Rubin, and Lisa Knight spoke in favor of the appeal.

 

Members of the public Martin Burns and Suren Yedalian spoke in opposition of the appeal.

 

Appellant/Applicant Anthony Kling presented a rebuttal to comments made during public comment.

 

Motion by Councilmember Genser, seconded by Mayor Pro Tem Katz, to deny the appeal and approve staff=s recommendation.  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:

 

Councilmember McKeown was excused at 9:15 p.m.

 

MASTER AGREEMENT - SM-MUSD

8-A:     Consideration of Master Facilities Agreement including suggestions of the Santa Monica-Malibu School District=s Financial Oversight Committee B recommendation that Council discuss the proposed agreement considering the comments of the Financial Oversight Committee and authorize the City Manager to execute the agreement and supplemental use agreements (including Nos. 8463 to 8465 (CCS)), that provide for specific City programs use of school facilities, was presented.

 

Councilmember McKeown advised that due to his employment relationship with the School District, he had a conflict of interest in this matter and requested to be excused.

 

Members of the public Joey Fullmer, Shari Davis, John Deasy, Emily Bloomfield and Louise Jaffe spoke in favor of the recommendation.

 

Motion by Mayor Pro Tem Katz, seconded by Councilmember Shriver, to approve recommendation with the timing of payments to be left up to the City Manager and the School Superintendent, and approving supplemental use agreements.  The motion was approved by the following vote:

 

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

NOES:            None

ABSENT:       Councilmember McKeown

 

Councilmember McKeown returned at 10:00 p.m.

 

SKATE PARK REGULATIONS

8-B:     Resolution adopting proposed rules and regulations for use of Santa Monica=s Skate Park B recommendation to adopt Resolution No. 10032 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING RULES AND REGULATIONS TO PROMOTE THE SAFE PUBLIC USE OF THE CITY=S NEW SKATE PARK,@ located at Memorial Park and scheduled to open in the Spring of 2005, was presented.

 

There was no one present for public comment.

 

Motion by Councilmember Holbrook, seconded by Mayor Pro Tem Katz, to approve staff recommendation, with direction to staff  that the rule should not be enforced to prevent people using skates for transportation and arriving and departing by that means.  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

 

RECESS:

On order of the Mayor, the City Council recessed to a special meeting of the Housing Authority at 10:05 p.m., and reconvened to the regular City Council meeting at 10:10 p.m., with all members present.

 

COUNCIL ITEMS:

 

BOARDS & COMMISSIONS

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

                  

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

 

Commission on the Status of Women member Andrea Lipton spoke in favor of appointing Ana Jara to the Commission.

 

On order of the Mayor, this matter to be continued to April 26, 2005.

 

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

 

On order of the Mayor, this matter to be continued to April 26, 2005.

 

APPOINTMENT RECONSIDERATION

13-B:   Reconsideration of Sally Breiter=s appointment to the Commission for the Senior Community on March 22, 2005, and consideration of new appointment, was presented.

 

There was no one for public comment.

 

Motion by Councilmember Bloom, seconded by Mayor Pro Tem Katz, to reconsider the appointment.  The motion was unanimously approved by voice vote, with all members present.

 

Motion by Mayor Pro Tem Katz, seconded by Councilmember Bloom, to void Ms. Breiter=s appointment.  The motion was unanimously approved by voice vote, with all members present.

 

On order of the Mayor, appointment to the vacancy was continued to April 26, 2005.

 

RESIGNATION

13-C:  Acceptance of Karl Buchta=s letter of resignation from the Convention and Visitors Bureau, and authorization for City Clerk to publish vacancy, was presented. 


Motion by Councilmember Holbrook, seconded by Mayor Pro Tem Katz, to accept resignation with regrets and authorize publication of vacancy.  The motion was unanimously approved by voice vote, with all members present.

 

Motion by Councilmember Genser, seconded by Councilmember Bloom, to direct staff to agendize on a future agenda, preferably prior to June 30th, discussion regarding appointing members to the Convention and Visitors Bureau in order to reevaluate the policy in light of the Chamber of Commerce=s active participation in electoral politics of the City, and with pertinent information to assist Council to understand the rules governing the process and options for changing it, if deemed necessary.  The motion was approved by voice vote, with Councilmember Holbrook and Mayor Pro Tem Katz voting in opposition, and with all members present.

 

SB-596

13-D:  Request of Councilmember McKeown that Santa Monica support SB 596 by State Senator Debra Bowen, creating state election code options for local preference or ranked-voting elections, with specific provisions for single-seat and multi-seat elections, and that Santa Monica's support be promptly communicated to appropriate legislators and Governor Schwarzenegger.

 

(This matter was withdrawn at the request of Councilmember McKeown)

 

CONFERENCE ATTENDANCE

13-E:   Request of Mayor O=Connor for Council to authorize the use of Council travel funds for attendance at United Nations sponsored World Environmental Day  events and the US Conference of Mayors, was presented.

 

There was no one present for public comment.

 

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

 

On order of the Mayor, staff was directed to investigate the cost of joining U.S. Conference of Mayors.

 

CELEBRATE AMERICA FIREWORKS

13-F:   Request of Councilmember Katz that Council restore support of Celebrate America Fireworks and consider increasing support to $15,000, was presented.

 

Zach Beatty spoke in support of safe and environmentally friendly fireworks.

 

Motion by Mayor Pro Tem Katz, seconded by Councilmember Bloom, to allocate $15,000 for fireworks from discretionary funds, and communicate to the College the need to assure that the fireworks are up to current toxicity standards.  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

 

PUBLIC INPUT

Members of the public Pro Se, Alex Trenchard-Smith, Jerry Rubin and Ana Maria Jara commented on various issues, including homelessness, Earth Day, and education.

 

ADJOURNMENT: 

On order of the Mayor, the City Council meeting was adjourned at 10:49 p.m., in memory of Dan Cohen, former member of the Commission for the Senior Community; Rosalyn Jill Griffin Payne, sister of Stephanie Negriff, director of the Big Blue Bus; and Pope John Paul II. 

 

ATTEST:                                                        APPROVED:

 

 

Maria M. Stewart                                           Pam O=Connor

City Clerk                                                       Mayor