CITY OF SANTA MONICA

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JUNE 28, 2005

A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor O=Connor at 5:05 p.m., on Tuesday, June 28, 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 5:07 p.m.)

Councilmember Robert T. Holbrook (arrived at 5:07 p.m.)

Councilmember Kevin McKeown

Councilmember Bobby Shriver (arrived at 5:07 p.m.)

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

Assistant City Clerk Beth Sanchez

CONVENE/PLEDGE

On order of the Mayor, the City Council convened at 5:05 p.m., with Councilmembers Genser, Holbrook, and Shriver absent. Councilmember McKeown led the assemblage in the Pledge of Allegiance.

CLOSED SESSIONS:

On order of the Mayor, the City Council recessed to closed sessions at 5:06 p.m., and reconvened at 7:19 p.m., with all members present, to report the following:

2-A: Conference with Legal Counsel B Existing Litigation: First National Bank v. Baird Company, et al., Case No. 02 CV 610.

ACTION: Heard. No reportable action taken.

2-B: 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-C: 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-D: Conference with Legal Counsel - anticipate significant exposure to litigation pursuant to Government Code Section 94956.9(b): Four cases, including two disputes related to real property located at 1522 6th Street and 125 Pacific.

ACTION: Heard one case related to 1522 6^th Street, no reportable action was taken. Three cases not heard.

2-E: Conference with Labor Negotiator.

City Negotiator: Karen Bancroft, Director of Human

Resources

Bargaining Units: Administrative Team Association

Public Attorney=s Legal Support Staff

Union

Management Team Associates

Municipal Employees Association

Public Attorneys Union

Santa Monica Police Officers Assn.

United Transportation Union

ACTION: Heard. No reportable action taken.

CONSENT CALENDAR:

Member of the public Joey Fullmer expressed various concerns.

At the request of Councilmember Shriver Item 1-C was removed from the Consent Calendar. At the request of Mayor Pro Tem Katz, Item 1-D was removed from the Consent Calendar.

The Mayor announced that at the request of staff, Item 1-A had been withdrawn from consideration.

Motion by Councilmember Holbrook, seconded by Councilmember Bloom, to approve all items on the Consent Calendar with the exceptions of Items 1-A, 1-C, and 1-D, reading resolutions 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

1920 OCEAN

1-A: Proposed development of affordable housing at 1920 Ocean Way B recommendation to authorize staff to take necessary steps to develop affordable housing in the City-owned real property located at 1920 Ocean Way.

On order of the Mayor, and at the request of staff, Item 1-A was withdrawn.

WINDWARD SCHOOL

1-B: Windward School Lease Modification - recommendation to authorize the City Manager to negotiate and execute an amendment to Lease Contract No. 5457 (CCS) with Windward School, was approved.

PLANNING SERVICES

1-E: Code enforcement, construction inspection and plan check administration and review services B recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8155 (CCS) with JAS Pacific, in the amount of $500,000 for temporary Planning services, was approved.

PARK LIGHTING

1-F: Annual Street and Park Lighting Project B recommendation to authorize the City Manager to negotiate and execute Contract No. 8489 (CCS) with Reedcorp Engineering, in the amount of $415,000, to provide civil and electrical engineering services for the project, was approved.

LIBRARY - COMPUTER EQUIPMENT

1-G: Computer networking equipment for Main Library B recommendation to award Bid No. 2889 to Insight Public Sector, in the amount of $366,417.62, to provide computer networking equipment for the Main Library, was approved.

MENTAL HEALTH SERVICES

1-H: City-funded school-based mental health and support services B recommendation to authorize the City Manager to negotiate and execute Contract No. 8490 (CCS) with WestEd, in the amount of $65,000, to provide an external evaluation of school-based mental health and support services, was approved.

WATER AND SOLID WASTE RATES

1-I: Adoption of resolutions for new water and solid waste rates B recommendation that Council adopt Resolution No. 10054 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA SETTING WATER RATES AND FEES,@ and Resolution No. 10053 (CCS) AA RESOLUTION OF THE CITY OF SANTA MONICA SETTING SOLID WASTE RATES AND FEES,@ was approved.

ADELPHIA CABLE

1-C: Contract for legal and financial services related to Adelphia transfer to Time Warner B recommendation to authorize the City Manager to negotiate and execute Contract No. 8488 (CCS) with Rutan & Tucker, in the amount of $60,000, for outside legal and financial services related to the transfer application of Adelphia Cable to Time Warner for provision of cable television in the City, was presented.

Councilmember Shriver advised he removed this item from the Consent Calendar to understand the necessity of a $60,000 contract to determine that Time Warner, as the applicant, is able to financially perform and provide the required services. Staff advised that this contract is necessary to analyze the legal, financial, and technical qualifications of the company and due diligence for the community.

Motion by Councilmember Bloom, seconded by Councilmember McKeown, 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

219 CALIFORNIA AVE.

1-D: Resolution No. 10052 entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP NO. 27171 FOR A 3-CONDOMINIUM PROJECT AT 219 CALIFORNIA AVENUE,@ was presented.

Mayor Pro Tem Katz advised he removed this item from the Consent Calendar because he had a conflict of interest in the matter and requested to be excused.

(Mayor Pro Tem Katz was excused at 7:29 p.m.)

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

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

NOES: None

ABSENT: Mayor Pro Tem Katz

(Mayor Pro Tem Katz returned at 7:30 p.m.)

ADMIN. ITEMS:

CIVIC CENTER SPECIFIC PLAN

6-A: Appeal of Planning Commission=s action on comprehensive update to the Civic Center Specific Plan B recommendation to uphold the appeal; adopt Resolution No. 10055 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE ENVIRON-MENTAL IMPACT REPORT,@ Resolution No. 10056 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS,@ Resolution No. 10057 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING THE CIVIC CENTER SPECIFIC PLAN; and not adopt resolution approving a discrete amendment of the Land Use Element, was presented.

Darrell Clark, Appellant, spoke in support of the appeal.

Members of the public Joey Fullmer and M. Ross expressed their concerns.

Members of the public Bruria Finkel, Lawrence Shapiro, and Jan Williamson spoke in support of affordable housing for artists= live/work spaces.

Member of the public Ellen Khokha spoke in support of the childcare center.

Member of the public Jason Parry spoke in support of expanding the area to maximize affordable housing

Members of the public Tom Cleys, Ted Winterer, Marcella Vavala, Dominique LaPage, Mike Resnick, spoke in support of a thorough historic review including full or partial preservation, and possible adaptive reuse of the former Rand Headquarters.

Member of the public Julie Lopez Dad spoke against certification of the EIR and the Olympic Drive and 2^nd Street extension; in support of including the review as part of the Land Use Element and General Plan Update, and a full Landmarks review of the former Rand headquarters.

Members of the public Diana Gordon and Arthur Harris spoke in favor of the removal of Santa Monica Place from the Civic Center Specific Plan and against certification of the EIR unless the City requires a separate environmental review of the Santa Monica Place development.

Member of the public Roger Genser addressed concerns regarding the demolition of the Rand building, the lack of Landmarks Commission review, the Olympic corridor extension, and the preservation of the Conrad sculpture.

Member of the public Ellen Brennan spoke in support of the Civic Center Specific Plan with the removal of the Santa Monica Place project.

Member of the public Dwight Flowers spoke against the approval of the current Civic Center Plan.

Member of the public Michael Feinstein spoke in support of keeping the height of the housing buildings in area C of the Civic Center Specific Plan, keeping Olympic Boulevard closed to traffic, and underground parking.

Darrell Clark, Appellant, provided a rebuttal to comments made by the public.

Motion by Councilmember McKeown, seconded by Councilmember Genser to adopt the resolution certifying the EIR, recognizing that the more recent public process and the Santa Monica Place segment justifies its full separation from the Civic Center Specific Plan, and further requiring that any development agreement for Santa Monica Place separately shall include as a precondition the requirement of a new EIR using the then current City=s traffic methodology, within the CEQA context. The motion failed by the following vote:

AYES: Councilmembers Genser, McKeown, Mayor O=Connor

NOES: Councilmembers Shriver, Holbrook, Bloom, Mayor Pro Tem Katz

ABSENT: None

Motion by Mayor O=Connor, seconded by Councilmember Bloom, to adopt the resolution certifying the EIR. The motion failed by the following vote:

AYES: Councilmember Bloom, Mayor O=Connor

NOES: Councilmembers McKeown, Holbrook, Shriver, Genser, Mayor Pro Tem Katz

ABSENT: None

Motion by Councilmember Bloom, seconded by Councilmember Genser, to adopt the resolution certifying the EIR, give direction to staff that within the context of the potential Development Agreement Amendment for Santa Monica Place site, that a traffic study be conducted pursuant to the City traffic methodology in place at that time, and Council would consider any additional environmental work deemed appropriate at that time. The motion was approved by the following vote:

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

NOES: Councilmembers Shriver, Holbrook, Mayor Pro Tem Katz

ABSENT: None

Councilmember Holbrook asked that the record reflect that he voted in opposition because the motion does not address how to apply the City=s values to the traffic methodology and interpreting the results.

Motion by Councilmember Genser, seconded by Councilmember McKeown, to approve the staff recommendation to adopt the resolution adopting a Statement of Overriding Consideration. The motion passed by the following vote:

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

NOES: Councilmembers Holbrook, Shriver, Mayor Pro Tem Katz

ABSENT: None

Motion by Councilmember Genser, seconded by Councilmember McKeown,

to uphold the appeal, adopt the Civic Center Specific Plan Comprehensive Update with the changes adopted by the Civic Center Working Group including Exhibit B, and stating that a significant program of housing that approaches or meets 325 residences is achieved.

Motion to amend by Councilmember Holbrook, seconded by Mayor Pro Tem Katz, that maximum height of the buildings be limited to 56 feet. The motion was accepted as friendly.

Motion to amend by Mayor Pro Tem Katz, seconded by Councilmember Holbrook, to design and build Olympic Drive to allow for the possibility that it be open to traffic in the future, but with current access limited to buses, shuttles, bicycles and pedestrians. 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 to amend by Councilmember Holbrook, seconded by Councilmember Shriver, to limit the housing to 225 units, plus or minus 5%. The motion failed by the following vote:

AYES: Councilmembers Holbrook, Shriver

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

ABSENT: None

The main motion passed by the following vote:

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

NOES: Councilmembers Holbrook, Shriver, Mayor Pro Tem Katz

ABSENT: None

Motion by Mayor Pro Tem Katz, seconded by Councilmember Shriver, to include in the context of studying the park design elements of the Civic Center Specific Plan, the feasibility of subterranean parking beneath the park with cutouts for trees and landscaping. The motion passed by the following vote:

415 PCH

8-A: Rehabilitation and adaptive reuse of the 415 Pacific Coast Highway Project B recommendation to authorize the City Manager to negotiate and execute design-build Contract No. 8491 (CCS) with Pankow Special Projects, in the amount of $3,000,000, for preconstruction services for the project, and appropriate $21,000,000 in grant funds received from the Annenberg Foundation, was presented..

There was no one present for public comment.

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

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

NOES: Councilmember Shriver

ABSENT: None

Councilmember Shriver asked that the record reflect that he voted in opposition because the City should develop a process for important public spaces or projects, separate from the design-build process, to encourage firms to bid on these projects.

CROSSWALK ENHANCEMENT

8-B: Crosswalk enhancements and neighborhood traffic improvements for Colorado Avenue, between 20^th and Centinela B recommendation to approve proposed enhancements; authorize the City Manager to negotiate and execute an amendment to existing Contract No. 7877 (CCS) with Kabbara Engineering, in the amount of $110,627, for design engineering design services; and an amendment to existing Contract No. 7788 (CCS) with DMR Team Inc., in the amount of $82,780, for project and construction management and inspection services, was presented.

Member of the public Chris Kriesa expressed his concerns.

City Attorney Marsha Moutrie shared information from a letter submitted by the Bahjí Spiritual Assembly expressing concerns regarding the proposed enhancements and the reduction of parking spaces in the vicinity.

Motion by Councilmember Genser, seconded by Councilmember McKeown, to approve staff 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

CONVENTION & VISITORS BUREAU

8-C: Ratification of current bylaws of the Convention and Visitors

Bureau and discussion of change to the bylaws relative to the appointment of the Board of Directors, was presented.

There was no one present for public comment.

Motion by Councilmember Genser, seconded by Councilmember McKeown, to request that the board of the Convention and Visitors Bureau revise its by-laws to allow for City appointment of all its members or to suggest some other method for appointment.

Motion to amend by Councilmember Bloom to request that the Convention and Visitors Bureau respond within 120 days.

Discussion ensued clarifying the existing prohibitions on political activity with neighborhood organizations, the need for cooperation with the Convention and Visitors Bureau Board and the business community, and the need for continued stability for the Convention and Visitors Bureau.

Councilmember Genser revised his motion as follows:

Motion by Councilmember Genser, seconded by Councilmember McKeown, to invite the Bureau to work with the City Council to find an alternate way within approximately 120 days to make appointments to the Board that would represent the business community and reach a solution. The revised motion was approved by the following vote:

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

NOES: Councilmember Holbrook, Mayor Pro Tem Katz

ABSENT: None

Motion by Councilmember Genser, seconded by Councilmember McKeown, to clarify the Council=s intent that should an alternate method of appointing Bureau board members be adopted that Council would reappoint each sitting board member for the remainder of his or her term. The motion was unanimously approved by voice vote, with all members present.

Motion by Councilmember Katz, seconded by Councilmember Genser, to ratify the Convention and Visitors Bureau 2000 By-Law change. The motion was unanimously approved, with all members present .

AD HOC COUNCIL COMMITTEE

8-D: Recommendation to form an Ad Hoc Committee of the City Council to address options for solid waste management, including rate structures, was presented.

There was no one present for public comment.

Motion by Mayor O=Connor, seconded by Councilmember Shriver, to appoint Mayor Pro Tem Katz and Councilmember Genser. Appointments approved by acclamation, with all members present.

WRITTEN COMMUNICATIONS:

12-A: Request of Melvyn Kline clarification on responsibilities of City Attorney in enforcing compliance by Boards and Management in Common Interest Developments (Condos and Cooperatives), with State and Municipal law, using the current situation at Ocean Towers Housing Corporation, and the response to request by Ocean Towers shareholders for assistance from the City Attorney, to illustrate the problem, was presented.

On order of the Mayor, this matter was referred to staff.

COUNCIL ITEMS:

APPOINTMENTS

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

On order of the Mayor, appointments were continued to July 12, 2005.

Accessibility Appeals Board - two annual vacancies.

Airport Commission - one annual vacancy.

Architectural Review Board - two annual vacancies.

Arts Commission - two annual vacancies.

Bayside District Corporation - three annual vacancies.

Building and Safety Commission - three annual vacancies.

Commission for the Senior Community - two annual vacancies and one special vacancy.

Commission on the Status of Women - three annual vacancies and one special vacancy.

Convention & Visitors Bureau - one special vacancy and two annual vacancies.

Disabilities Commission - three annual vacancies.

Housing Commission - four annual vacancies.

Landmarks Commission - two annual vacancies.

Library Board - one annual vacancy.

Personnel Board - one annual vacancy.

Planning Commission - one annual vacancy.

Recreation & Parks Commission - one annual vacancy.

Social Services Commission - two annual vacancies.

RESIGNATION

13-B: Acceptance of Richard Hilton=s letter of resignation from the Disabilities Commission, and authorization for City Clerk to publish vacancy, was presented.