CITY OF SANTA MONICA
CITY COUNCIL MINUTES
July 23, 2002
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:50 p.m., on Tuesday, July 23, 2002, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Michael Feinstein
Mayor Pro Tem Kevin McKeown
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:00 p.m.)
Councilmember Herb Katz (arrived at 6:05)
Councilmember Pam O'Connor (arrived at 7:19 p.m.)
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
On order of the Mayor, the City Council convened at 5:50 p.m., with Councilmembers Holbrook, Katz and O'Connor absent. Mayor Pro Tem McKeown led the assemblage in the Pledge of Allegiance.
All items were considered and approved in one motion unless removed by a Councilmember for discussion.
Member of the public Joey Fullmer spoke to Item 1-B; member of the public Pro Se spoke to Item 1-I.
At the request of Councilmember Genser, Item 1-C was removed from the Consent Calendar. At the request of Mayor Pro Tem McKeown, Items 1-A, 1-I, and 1-K were removed from the Consent Calendar.
Motion by Councilmember Bloom, seconded by Councilmember Genser, to approve all items on the Consent Calendar as presented except Items 1-A, 1-C,1-I and 1-K, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Genser, Bloom, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Katz, Holbrook, O'Connor
1-B: Resolution authorizing application for Senior Nutrition and Recreation Program grant funds - recommendation to adopt Resolution No. 9782 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING SUBMITTAL OF A PROPOSAL AND THE SIGNING OF CONTRACT NO. 9132 (CCS) TO PROVIDE MEAL AND TELEPHONE REASSURANCE SERVICES FOR ELDERLY PERSONS," was approved.
1-D: Provision of Emergency Ambulance Services - recommendation to authorize the City Manager to negotiate and execute Contract No. 8133 (CCS) and Contract No. 8134 (CCS) with American Medical Response of Southern California, to provide basic emergency ambulance and billing services, was approved.
1-E: Statement of Official Action for project located at 2553 3rd Street - recommendation to certify the Statement of Official Action for Appeal 02-003 of the Landmarks Commission denial of a Certificate of Appropriateness at 2553 3rd Street for construction of a semi-subterranean garage, was approved.
1-F: Appropriation and designation of uses for Local Law Enforcement Block Grant Funds - recommendation to approve the proposed appropriation of funds and designated uses on 2002 funds, re-designate uses of unexpended funds from prior year awards, and approve recommended budget changes, was approved.
1-G: Resolution No. 9784 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL SUBDIVISION MAP FOR PARCEL MAP NO. 25564 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 2424 7TH STREET," was adopted.
1-H: Lease and beach concession with Hot Dog on a Stick, Inc. - recommendation to authorize the City Manager to negotiate and execute a Beach Lease and Concession Agreement No. 8135 (CCS) with Hot Dog on a Stick, Inc., to continue their operation at the Santa Monica State Beach, was approved.
1-J: Construction management and inspection services for sewer project - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7849 (CCS) with Harris and Associates Engineering Consultants, in the amount of $78,950, for management and inspection services for Sewer Project 15A, was approved.
Councilmember Katz arrived at 6:05 p.m.
1-A: Approval of minutes of the April 23, May 14, May 21, and June 11, 2002, City Council meetings.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to approve the minutes,, amending April 23rd to change item (j) on page 6 to "there will be restrictions on underground parking;" on May 21st, page 6, Item 13-A, change "projects deemed complete" to "applications deemed complete;" and on June 11th correct starting meeting time, and on page 3, regarding the "Renaming of Ocean Avenue" change "renaming Hollister" to "renaming Barnard Way." The motion was approved by the following vote:
AYES: Councilmember Genser, Bloom, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSTAIN: Councilmember Katz
ABSENT: Councilmembers O'Connor, Holbrook
Councilmember Genser was excused at 6:06 p.m.
1-C: Resolution extending Certificate of Appropriateness for 211 Alta Avenue - recommendation to adopt Resolution No. 9783 entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA EXTENDING THE CERTIFICATE OF APPROPRIATENESS TO ALLOW AN ADDITION CONNECTING TWO OF THE SIX BUNGALOWS LOCATED AT 211 ALTA AVENUE, A DESIGNATED CITY LANDMARK," was presented.
Councilmember Genser requested to be excused from deliberating on this matter due to a conflict of interest.
Motion by Councilmember Bloom, seconded by Councilmember Katz, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Katz, Bloom, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Genser, O'Connor, Holbrook
Councilmember Genser returned at 6:08 p.m.
Mayor Pro Tem McKeown was excused at 6:08 p.m.
1-K: Change in use of Community Development Grant awarded to the Santa Monica-Malibu Unified School District - recommendation to approve a change in the use of funds awarded to the School District to fund a playground and related ADA upgrades at Washington West Preschool; direct staff to finalize amount of grant awarded not to exceed $200,000; and, authorize the City Manager to negotiate and execute Contract No. 8136 (CCS) with the School District for the project, was presented.
Mayor Pro Tem McKeown requested to be excused on this matter due to a conflict of interest.
Motion by Councilmember Bloom, seconded by Councilmember Genser, to approve staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmembers O'Connor, Holbrook, Mayor Pro Tem McKeown
Mayor Pro Tem McKeown returned at 6:09 p.m.
1-I: Citywide co-mingled recycling program - recommendation to expand the existing pilot program of commingled recycling citywide, was presented.
Staff answered questions of Councilmembers regarding the program. Discussion ensued regarding the problem of accessibility of the containers by the disabled, the availability and the cost.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to approve recommendation, with direction to staff that they continue to look for easier, more accessible containers for use by disabled persons.
Substitute motion by Councilmember Bloom, seconded by Councilmember Katz, to continue matter to September 10, 2002, asking staff to return with a report on alternatives available in the market. The motion was approved by voice vote with Councilmembers Holbrook and O'Connor absent, and Mayor Feinstein voting in opposition.
END OF CONSENT CALENDAR
CLOSED SESSIONS:
Councilmember Holbrook arrived at 7:00 p.m.
Member of the public Pro Se spoke to Items 2-I and 2-K.
On order of the Mayor the City Council recessed at 6:14 p.m., to discuss closed sessions and reconvened at 7:15 p.m., with Councilmember O'Connor absent. The Mayor advised that the City Council would return to closed sessions after the end of the meeting and report on any action taken thereafter.
Councilmember O'Connor arrived at 7:19 p.m.
4-A: The Mayor issued a proclamation declaring Tuesday, August 6, 2002, as "National Night Out" in the City of Santa Monica.
7-A: Second reading and adoption of Ordinance No. 2049 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING CHAPTER 2.66 TO THE SANTA MONICA MUNICIPAL CODE TO CREATE A DISABILITIES COMMISSION," was presented.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
7-B: Second reading and adoption of Ordinance No. 2050 (CCS) entitled "AN ORDINANCE OF THE CITY OF SANTA MONICA TO ADD SECTION 9.04.20.30.100 TO THE SANTA MONICA MUNICIPAL CODE ESTABLISHING A CRIMINAL CHARGING SECTION FOR ZONING CODE VIOLATIONS," was presented.
Motion by Mayor Pro Tem 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 Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
7-C: Introduction and first reading of an interim ordinance modifying the Development Review Threshold in the C3, C3C, and BSC Districts to 7,500 square feet; or introduction and first reading of an interim ordinance adopting a construction rate program for commercial and multi-family development in the C3 and C3C districts
(To be combined with Item 13-E.), was presented.
On order of the Mayor, this matter to be combined with the following Item 13-E.
13-E: Request of Councilmember Bloom that the City Council direct staff to prepare a range of measures to address certain issues in the downtown area including, but not limited to: meeting the goals of the Downtown Urban Design Plan; achieving architectural standards of excellence that balances the need for efficiency, privacy and accessibility, and still engage the street; limiting the negative effects of large numbers of simultaneous commercial construction projects; and consideration of development of a new park in the eastern portion of Downtown, was presented.
The following members of the public addressed various aspects of the proposed ordinances: Joey Fullmer, Pro Se, Kathleen Rawson, Dr. Eagle Desert Moon, Allen Freeman, Tom Larmore, Ken Kutcher, Chris Harding, Craig Jones, Pam Vavra, Kelly Olsen, Arthur Harris, Andrew Leigh, Mark Harding and Ellen Brennan.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to introduce the ordinance modifying the Development Review Threshold.
Motion to amend by Councilmember Bloom, to direct staff to return with recommendations on how to deal with issues of uncertainty and delay in the process, and refining the articulation of the Council's vision of downtown.
Substitute motion by Councilmember O'Connor, seconded by Councilmember Katz, to introduce the ordinance adopting a construction rate program. The substitute motion failed by the following vote:
AYES: Councilmembers Katz, Holbrook, O'Connor
NOES: Councilmembers Genser, Bloom, Mayor Pro Tem McKeown, Mayor Feinstein
ABSENT: None
The main motion, as amended, was approved by the following vote:
AYES: Councilmembers Genser, Bloom, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: Councilmembers Katz, O'Connor, Holbrook
ABSENT: None
Councilmember O'Connor stated, for the record, that she voted against the motion on the basis of reduction of the threshold and believes the construction rate program is a better way to go. That although she agrees with some of the concepts articulated, she disagrees with the reduction, and added that residents' voiced concerns include the pace of construction being done and the impact of construction in their neighborhood.
Councilmember Holbrook stated, for the record, that he voted against because based upon public comments received on this matter he believes that Council has taken action that will constrain housing, and that action is contrary to the public comment received.
Councilmember Katz stated, for the record, that he agrees with the comments made by Councilmembers O'Connor and Holbrook, and that in addition, he believes that taking this action is the worst thing Council can do as it will result in total uncertainty and is not good planning and zoning.
8-A: Main Library Schematic Design Report and recommendation to approve Lease No. 8137 (CCS) for temporary building for housing of Main Library during construction, was presented.
The following members of the public spoke in support of renaming the Main Library as the Martin Luther King Library: Michele Wittig, Courtney Beavens, Andrea Beavens, Robbie Jones, Reverend Ronald Williams, and Nat Trives.
The following members of the public spoke in support of the project: Jerry Rubin, Brian Hutchings Roger Genser, Robin Waner.
Discussion ensued on the proposed design and on possible modifications. On order of the Mayor, the Schematic Design Report was received and filed.
Motion by Councilmember Bloom, seconded by Mayor Feinstein, to approve Lease No. 8137 (CCS). The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
8-B: Resolution No. 9785 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING ISSUANCE OF LIBRARY IMPROVEMENT PROJECT GENERAL OBLIGATION BONDS, SERIES 2002, was presented.
There was no one present for public comment on this matter.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
8-C: Approval of modifications to the Tenant Ownership Rights Charter Amendment (TORCA) Shared Appreciation Loan Program Guidelines for the purpose of liberalizing underwriting standards and streamlining application process to facilitate participation.
On order of the Mayor, this matter was continued to August 13, 2002.
8-D: Resolution No. 9786 (CCS) placing proposed amendment to the City Charter to allow any portion of the TORCA tax revenues to be used for low income housing, on the November 5, 2002, Municipal Election ballot, was presented.
Member of the public Paul DeSantis spoke in opposition of the proposal.
Motion by Councilmember Katz, seconded by Councilmember O'Connor, to adopt the resolution, reading by title only and waiving further reading thereof, and designating Mayor Pro Tem McKeown plus four other Councilmembers or designees to prepare the argument in favor. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
8-E: CC/RA: Approval of one-time waiver to the Consolidated Rental Housing Trust Fund Guidelines to fund a pilot self help Homeownership Program sponsored by Habitat for Humanity.
On order of the Mayor, this matter was continued to August 13, 2002.
Mayor Pro Tem McKeown was excused at 11:55 p.m.
9-A: Resolution No. 9787 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING FINAL ENVIRONMENTAL REPORT," Resolution No. 9788 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING STATEMENT OF OVERRIDING CONSIDERATIONS," and approval of conditional use permit and vesting tentative tract map 52649 with conditions to allow construction of a 10-unit condominium building located at 834-838 16th street," was presented.
Mayor Pro Tem McKeown advised that he lives on the street where the proposed project is, and in order to avoid the appearance of a conflict of interest, he requested to be excused.
The following members of the public spoke of concerns and made suggestions regarding the project: Don Treadway, Bill Broesamle, Carry Miller, Rebecca Novella, Michael Klurfeld, Beverly Sokol, Louise Gibson, and Robin Waner.
Motion by Councilmember Holbrook, seconded by Mayor Feinstein, to adopt Resolution No. 9787 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Feinstein
NOES: None
ABSENT: Mayor Pro Tem McKeown
Motion by Councilmember Holbrook, seconded by Councilmember Katz, to adopt Resolution No. 9788 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Feinstein
NOES: None
ABSENT: Mayor Pro Tem McKeown
Motion by Councilmember Holbrook, seconded by Mayor Feinstein, to approve conditional use permit and tract map with the following conditions:
set back of terraces; planters running along front; height of south wall to be deferred to the ARB; exterior lighting; to have a flag person in the alley, the alley to remain open during construction, and provide a phone number where people can call with problems; have landscape configuration so as to save as many trees as possible; and that the ARB shall see that the project relates to the street frontage appropriately. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Feinstein
NOES: None
ABSENT: Mayor Pro Tem McKeown
Mayor Pro Tem McKeown returned at 12:36 a.m.
Councilmembers Holbrook, O'Connor and Katz were excused at 12:37 a.m.
Councilmember O'Connor returned at 12:40 a.m.
12-A: Request of Eileen Hecht, representing owners of property located at 2902 Nebraska, to reinstate to public use the use of parking spaces in front of the property which are currently striped for 5 head-in parking spaces, was presented.
Member of the public Karen Kermath spoke in support of the request.
Motion by Councilmember Genser, seconded by Councilmember O'Connor, to direct staff to prepare the necessary ordinance. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.
12-B: Request from Thomas Carter to address Council regarding disclosure of public documents, was presented.
Member of the public Joe Natoli addressed concerns on the matter.
On order of the Mayor, the information was received and filed.
13-A: Appointment to one special vacancy on the Housing Commission for a term ending June 30, 2003.
On order of the Mayor, this matter was continued to August 13, 2002.
13:B: Appointment to two annual vacancies on the Architectural Review Board for terms ending June 30, 2006.
On order of the Mayor, this matter was continued to August 13, 2002.: Appointment to one annual vacancy on the Commission on the Status of Women for a term ending June 30, 2006, and to one special vacancy for a term ending June 30, 2004.
On order of the Mayor, this matter was continued to September 24, 2002.
13-D: Request of Councilmember Bloom that staff take all appropriate actions to avoid any adverse consequence to the residents of the City of Santa Monica that might flow from the City of Los Angeles plan for "no-expansion" at Los Angeles International Airport.
On order of the Mayor, this matter was continued to August 13, 2002.
13-F: Acceptance of Susan Phillips' letter of resignation from the Commission on the Status of Women, and recommendation to authorize the City Clerk to publish the vacancy.
Motion by Mayor Feinstein, seconded by Mayor Pro Tem McKeown, to accept the resignation with regrets and approve recommendation. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.
13-G: Request of Councilmember Genser that Council consider, and possibly authorize, the relocation of the historic structure currently at 2712 2nd Street to a temporary storage site on city-owned property at the Santa Monica Airport, or at another suitable city-owned or city-controlled property, was presented.
Members of the public Rick Laudati, Mario Fonda-Bernardi, Rene Montagne, Pam Vavra, Fred Whitlock, Sherrill Kushner, Tom Cleys and Robin Waner spoke in favor of the request.
Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to authorize staff to work with OPCO in making a site available at the City Airport. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.
The following members of the public discussed various concerns: Pro Se, Don Masterson, Joe Natoli, Luke Chantadara, Paul Mills, Paul Dale, Art Casillas and Jerry Rubin.
Councilmember Bloom was excused at 1:35 a.m.
On order of the Mayor, the City Council recessed to closed sessions at 1:35 a.m., and returned at 2:00 a.m., to report the following action taken:
2-A: Conference with Real Property Negotiator:
Property: 401 Ocean Avenue
City Negotiator: Mark Richter, Real Estate Manager
Under Negotiation: Sale of Interest in Real Property
ACTION: Heard. No reportable action taken.
2-B: Conference with Real Property Negotiator:
Property: 1418-1442 Fifth Street
City Negotiator: Mark Richter, Real Estate Manager
Under Negotiation: Acquisition of Real Property
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel - Existing Litigation: Chateau 16th Street v. City of Santa Monica, Case No. BS 065 985.
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: Eleanor Nelson v. City of Santa Monica, Case No. SC 068 870.
ACTION: Not heard.
2-E: Conference with Legal Counsel - Existing Litigation: Kenneth Cooper v. City of Santa Monica, Case No. CV 00-13343 (CBM).
ACTION: Not heard.
2-F: Conference with Legal Counsel - Existing Litigation: Hill et al., v. City of Santa Monica, Case No. SC 064 466.
ACTION: Not heard.
2-G: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 01CC04331.
ACTION: Not heard.
2-H: Conference with Legal Counsel - Existing Litigation: Los Angeles Department of Water and Power, et al., v. James Jones Company, et al., Case No. BC 173 487.
ACTION: Heard. No reportable action taken.
2-I: Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Two
ACTION: Heard. No reportable action taken.
2-J: Conference With Legal Counsel - Existing Litigation: Volkswagen Santa Monica, Inc. v. City, et al., Case No. SC 069 667.
ACTION: Heard. No reportable action taken.
2-K: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Maria Stewart, Case No. SC 067 033.
On order of the Mayor, the City Attorney provided a status report on the case. No other action taken.
2-L: Conference with Legal Counsel - Existing Litigation: Vicki Luckenbach v. City of Santa Monica, Case No. SC 069 112.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tem
McKeown, to approve a settlement in the amount of $204,500. The motion was approved by the following vote:
AYES: Councilmembers Genser, O'Connor,
Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Holbrook, Bloom, Katz
2-M: Conference with Legal Counsel - Existing Litigation: Arthur Smith v. City of Santa Monica, Case No. SC 032 827.
Motion by Mayor Feinstein, seconded by Councilmember O'Connor, to approve settlement in the amount of $150,000. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Genser,
Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Katz, Bloom, Holbrook
On order of the Mayor, the City Council meeting was adjourned at 2:04 a.m., in memory of Forrest Lloyd Freed.
ATTEST: Maria M. Stewart, City Clerk APPROVED: Michael Feinstein, Mayor