CITY OF SANTA MONICA

CITY COUNCIL MINUTES

SEPTEMBER 24, 2002



A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 6:03 p.m., on Tuesday, September 24, 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 7:09 p.m.)

Councilmember Herb Katz

Councilmember Pam O'Connor (arrived at 6:30 p.m.)



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 6:03 p.m., with Councilmembers Holbrook and O'Connor absent. Councilmember Genser 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 Genser, Items 1-F and 1-I were removed from the Consent Calendar. At the request of Mayor Feinstein, Item 1-E was removed from the Consent Calendar.



Motion by Councilmember Katz, seconded by Mayor Pro Tem McKeown, to approve all items on the Consent Calendar as presented except for Items 1-E, 1-F and 1-L, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:



AYES: Councilmembers Katz, Genser, Bloom, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmembers O'Connor, Holbrook



MINUTES

1-A: The minutes of the June 25, 2002, City Council meeting were approved as submitted.



DONATION OF VEHICLE

1-B: Donation of retired Fire Department utility vehicle to the Los Angeles Fire Department Historical Society for display in their museum, was approved.



LIFEGUARD SERVICES

1-C: Agreement for Lifeguard Services - recommendation to authorize the City Manager to negotiate and execute Contract No. 8146 (CCS) with Los Angeles County for lifeguard services at the Santa Monica State Beach, was approved.



PUBLIC SAFETY FACILITY

1-D: Equipment and services to relocate City's Communications Centers to the new Public Safety Facility - recommendation to authorize the City Manager to negotiate and execute Contract No. 8147 (CCS) with Motorola, Inc., in the amount of $757,680, for equipment and services to relocate the Police and Fire Department Communications Centers to the new Public Safety Facility, was approved.



MOBILITY STUDY

1-G: Westside Cities Mobility Study - recommendation to authorize the City Manager to negotiate and execute Contract No. 8149 (CCS) with Kaku Associates, in the amount of $200,000 (City's share $50,000), to develop a Westside Mobility Study for the Cities of Beverly Hills, Culver City, Santa Monica and West Hollywood; and, approve proposed budget changes, was approved.



TAX RELATED SERVICES

1-H: Provision of Property Tax Auditing and Tax Related Services - recommendation to authorize the City Manager to negotiate and execute Contract No. 8150 (CCS) with HdL Coren & Cone, in the amount of $18,250 per year, for property tax auditing and related services for the City and the Redevelopment Agency, was approved.



PERSONNEL CONSULTING SERVICES

1-J: Classification and Compensation Consulting Services - recommendation to authorize the City Manager to negotiate and execute Contract No. 8152 (CCS) with Hay Management Consultants, in the amount of $100,500, to provide compensation and classification services for municipal employee association classifications, was approved.



BUS FARE COIN VAULTS

1-E: Purchase of Stationary Vaults for Bus Fare Coin Collection - recommendation to award a purchase order to GFI Genfare, in the amount of $131,086.64, for the purchase and installation of five bus fare coin collection stationary vaults for the Big Blue Bus, was presented.



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



AYES: Councilmembers Katz, Genser, Bloom, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmembers O'Connor, Holbrook



EAST/WEST CORRIDOR TASK FORCE

1-F: Establishment of East/West Corridor Parking Task Force - recommendation to establish an East-West Commercial Corridor Parking Task Force; and authorize the City Manager to negotiate and execute Contract No. 8148 (CCS) with Urban Studio, in the amount of $138,000, for urban design, parking utilization and financial analysis services, was presented..



Councilmember Genser advised he had concerns regarding the proposed composition of the Task Force. Discussion ensued on various alternatives.



Motion by Mayor Feinstein, seconded by Councilmember Genser, to direct staff to return with scenarios and technical issues to suggest to the College for their Madison site EIR process. The motion was unanimously approved by voice vote, with Councilmembers O'Connor and Holbrook absent.



Motion by Councilmember Genser, seconded by Councilmember Katz, to approve contract, and direct staff to return in two weeks for additional discussion regarding the Task Force. The motion was unanimously approved by voice vote, with Councilmembers O'Connor and Holbrook absent.



OFFICE SPACE LEASE

1-I: Lease extension for office space - recommendation to authorize the City Manager to negotiate and execute a three-year extension to Lease No. 6622 (CCS) with 2121 Cloverfield Boulevard Associates, for office space for the Redevelopment Agency, was presented.



Councilmember Genser advised he may have a conflict with this matter and requested to be excused.



Councilmember Genser was excused at 6:22 p.m.



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



AYES: Councilmembers Bloom, Katz, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmembers Genser, O'Connor, Holbrook



CLOSED SESSIONS:



Councilmember Genser returned at 6:26 p.m.



Councilmember O'Connor arrived at 6:30 p.m.



Councilmember Holbrook arrived at 7:09 p.m.



On order of the Mayor, the City Council recessed to closed session at 6:26 p.m., and returned at 7:10 p.m., with all members present, to report the following action taken:



2-A: Conference with Legal Counsel - Existing Litigation: Department of Water and Power, ex. Rel. Armenta v. James Jones Company, et al., Case No. BC 173 487.



ACTION: Not heard.



2-B: Conference with Legal Counsel - Existing Litigation: James Holiday, et al., v. City of Santa Monica, Case No. SC 066 968.



ACTION: Not heard.



2-C: Conference with Legal Counsel - Existing Litigation: Eleanor Nelson v. City of Santa Monica, Case No. SC 068 870.



ACTION: Not heard.



2-D: Conference with Legal Counsel - Existing Litigation: Penny Mirsky v. City of Santa Monica, Case No. SC 067 123.



ACTION: Not heard.

2-E: Conference with Legal Counsel - Anticipated Litigation.

Number of cases: Six.



ACTION: Five cases heard. No reportable action taken.



SPECIAL ITEMS:



ARTS MONTH

4-A: The Mayor issued a proclamation commemorating the 20th anniversary of the Arts Commission and declaring October to be Arts Month.



ORDINANCES:



VARIANCE APPLICATIONS

7-A: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE MUNICIPAL CODE REGARDING THE PROCESSING OF VARIANCE APPLICATIONS TO EXCEED MAXIMUM BUILDING HEIGHT AND NUMBER OF STORIES," was presented.



Member of the public Joey Fullmer expressed various concerns. Russell Bennett spoke in support of the ordinance.



Motion by Councilmember Katz, seconded by Mayor Pro Tem McKeown, to introduce the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:



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

NOES: None

ABSENT: None



CONSTRUCTION RATE PROGRAM

7-B: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE MUNICIPAL CODE TO ESTABLISH A CONSTRUCTION RATE PROGRAM FOR MULTI-FAMILY DEVELOPMENT IN ALL MULTI-FAMILY RESIDENTIAL DISTRICTS AND A DESIGN COMPATIBILITY PERMIT REQUIRE-MENT FOR THE DEVELOPMENT OF CONDOMINIUMS AND OTHER MULTI-FAMILY OWNERSHIP HOUSING," was presented.



There was no one present for public comment.



Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to introduce the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:



AYES: Councilmembers Genser, Bloom, O'Connor, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: Councilmembers Katz, Holbrook

ABSENT None



DEVELOPMENT REVIEW THRESHOLD/PLANNING PRIORITIES

7-C: INTRODUCTION AND FIRST READING OF AN INTERIM ORDINANCE ENTITLED: "AN ORDINANCE OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT REVIEW THRESHOLDS IN THE C-3, C3C, AND BSC DISTRICTS TO 7,500 SQUARE FEET, AND EXEMPTING AFFORDABLE HOUSING PROJECTS WITH NO MORE THAN 50 UNITS FROM DEVELOP-MENT REVIEW PERMIT AND CONDITIONAL USE PERMIT REQUIREMENTS IN ALL ZONING DISTRICTS EXCEPT IN THE LMSD, DP, BP, AND R-MH DISTRICTS; AND DISCUSSION OF PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT PRIORITIES TO INCLUDE MODIFICATIONS TO THE DEVELOP-MENT REVIEW PROCESS, DEVELOPMENT OF DESIGN GUIDELINES FOR THE DOWNTOWN AND MODIFICATION OF THE TRAFFIC IMPACT SIGNIFICANCE THRESHOLD," was presented.



The following members of the public spoke in support of the ordinance: Joan Charles, Judy Abdo, and Joanne Leavitt.



The following members of the public spoke in general support of the ordinance but expressed some concerns and suggestions: Patricia Hoffman, Doris Ganga, Paul De Santis, Chris Harding, Ken Kutcher, Rob York, Ron Dalah, Tom Larmore, and Craig Jones.



Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to introduce the ordinance, reading by title only and waiving further reading thereof.



Substitute motion by Councilmember Katz, seconded by Councilmember Holbrook, to introduce the ordinance and amend to exempt the Downtown area, 2nd, 3rd, and 4th Streets from the 7,500 square foot threshold, reading by title only and waiving further reading thereof. The substitute motion failed by the following vote:



AYES: Councilmembers Holbrook, Katz

NOES: Councilmembers O'Connor, Bloom, Genser, Mayor Pro Tem McKeown, Mayor Feinstein

ABSENT: None



The main motion was approved by the following vote:



AYES: Councilmembers Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: Councilmember Katz

ABSENT: None



Motion by Mayor Pro Tem McKeown, seconded by Mayor Feinstein, to direct staff to look at the area from 4th Court and west; at corner lots and pedestrian orientation; and how to treat review on 2nd, 3rd, and 4th Streets, and how to incentivize mixed zone projects though zoning, and their interrelation. The motion was unanimously approved by voice vote, with all members present.



Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to approve the three priorities as recommended in the staff report to create specific design standards for Downtown, to develop revised thresholds of significance for traffic impacts, and propose new review process for Development Review Permits in the Downtown; and defer the auto dealers project and the antenna study project.



Substitute motion by Councilmember O'Connor, seconded by Councilmember Katz, to approve the last two recommendations in the staff report and direct staff to return with ideas and more information for the first recommendation. The motion was approved by voice vote, with Councilmembers Genser and Bloom voting in opposition, and with all members present.

DISTRIBUTION OF FOOD

On order of the Mayor the following items to be considered concurrently: Items 7-D, 7-E, 9-A and 10-A.



7-D: Introduction and first reading of an ordinance of the City of Santa Monica specifying requirements for the distribution of food on public property.



LYING IN DOORWAYS

7-E: Introduction and first reading of an ordinance of the City of Santa Monica prohibiting sitting or lying in downtown doorways during late night and early morning hours.



PUBLIC HEARINGS:



HOMELESS SERVICES

9-A: Transmittal of the Annual Review of the City's Coordinated Plan for Homeless Services, Recommendation to Accept the Report, Hold a Public Hearing, and Recommendation to Introduce for First Reading Ordinances Specifying Requirements for the Distribution of Food on Public Property and Prohibiting Sitting or Lying in Downtown Doorways During Late Night and Early Morning Hours.



REPORTS OF BOARDS AND COMMISSIONS:

10-A: Request of the Bayside District that Council consider various recommendations including additional support for existing social service infrastructure; limiting provision of meals in public areas; and reviewing trespass, camping and/or loitering laws.

On order of the Mayor, the public hearing was opened for the combined items.



The following members of the public spoke to different aspects of the proposals and recommendations: Joey Fullmer, Greg Thomas, Josh Resnik, Art Casillas, Matthew Brown, Tom Binder, Paul Pearson, Anne Bieger-Pearson, David Pissara, Michael Gruning, Susan Hojer, Paul Dale, Len Doucette, A.J. Santos Chiang, Patricia Hoffman, Roy Roney, Vicky Dollar, Jo Boyland, Keith Gillum, Keith Jackson, Joe Natoli, Thomda Meister, Wilko Suominen, Jerry Rubin, Kenneth McCrae, Chuck Allord, Andrew Stellman, Mike Beattie, David Busch, Jennafer Yellowhorse, Viper, Cherice Reed, Ronald Hayum, Calvin Ousley, Nora, Joe Pipersky, Gary Gordon, Chris Clark, Billy Clark, Timothy Clark, Rob Rader, Russell Calleros, Cheri Hill, James Charboneau, Matthew Lord, Vic Gottman, Denise Smale, Christine Seamus, Ronald Quintana, Paul Grymkawski, Lute Vincent, Randy Walburger, Moira La Mountain, Dennis Jackson, Calvin Moss, Frank Tamborello, Mr. Giangrasso, Jose Johnson, Louis Cantaina, Montana Salinger, Ron Taylor, Debbie Baxter, Linda Sullivan, Boris Adlam,Nicholas Vrataric, John Tyler, John Maceri, Michal Golan, Courtney Overland, Judy Abdo, A. Holcomb, John Micher, Tod Lipka, Theodore Dues, Betsi Anne, and Reina Alvarez.



On order of the Mayor, the public hearing was closed. Discussion ensued on the lateness of the hour and the time needed by Council to deliberate and take action.



Motion by Councilmember Katz, seconded by Councilmember Holbrook, to close the public hearing and continue deliberations and action to the meeting of October 8, 2002, as a 5-item. The motion was unanimously approved by voice vote, with all members present.



COUNCIL ITEMS:



STATUS OF WOMEN - COMMISSION

13-A: 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 October 22, 2002.



13-B: Appointment to one special vacancy on the Commission on the Status of Women for a term ending June 30, 2003.



On order of the Mayor, this matter was continued to October 22, 2002.



13-C: Appointment to one special vacancy on the Commission on the Status of Women for a term ending June 30, 2005.



On order of the Mayor, this matter was continued to October 22, 2002.



PERSONNEL BOARD

13-D: Appointment to one special vacancy on the Personnel Board for a term ending June 30, 2004. (Continued from September 10, 2002.)



On order of the Mayor, this matter was continued to October 8, 2002.



MEASURE EE

13-E: Request of Mayor Pro Tem McKeown that the Council, in the interests of the children of the community and Santa Monica's continuing commitment to excellence in education, adopt Resolution No. 9799 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ENDORSING THE NOVEMBER 2002 BALLOT MEASURE KNOWN AS 'MEASURE EE,' ESTABLISHING DEPENDABLE CONTINUING FUNDING FOR ACADEMIC ACHIEVEMENT AND SAFETY FOR SCHOOL CHILDREN IN SANTA MONICA," was presented.



Members of the public Joanne Leavitt, John Deasy and Brian Hutchings spoke in support of the request.



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



PUBLIC INPUT:

Members of the public Brian Hutchings and Robert Curtis addressed various concerns.



ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 12:46 a.m. to October 8, 2002.

APPROVED: Michael Feinstein, Mayor

ATTEST: Maria M. Stewart, City Clerk