CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 8, 2002
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:55 p.m., on Tuesday, October 8, 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
Councilmember Pam O'Connor (arrived at 6:05 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 5:55 p.m., with Councilmembers O'Connor and Holbrook absent. 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.
Members of the public Joey Fullmer, Pro Se, and Chuck Allord addressed various items on the Consent Calendar.
Councilmember Katz requested Item 1-A be removed from the Consent Calendar because he was absent from that meeting and wanted to abstain on the vote.
Motion by Councilmember Genser, seconded by Councilmember Bloom, to approve all items on the Consent Calendar as presented except Item 1-A, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Holbrook, O'Connor
CROSSWALKS
1-B: Construction of Pedestrian and Crosswalk Improvements - recommendation to authorize the City Manager to negotiate and execute Contract No. 8151 (CCS) with Los Angeles Engineering, Inc., in the amount of $4,650,135.10, for construction of the Phase 2 Pedestrian and Crosswalk Improvements Project, was approved.
GAS FUELING/BUS WASH FACILITY
1-C: Design services for the Big Blue Bus Natural Gas Fueling/Bus Wash Facility - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7445 (CCS) with RNL Interplan, Inc., in the amount of $500,000, for additional design and construction administration services for the BBB Natural Gas Fueling/Bus Wash Facility, was approved.
CHARNOCK WELL
1-D: Technical oversight services for the Charnock Well Field - recommendation to authorize the City Manager to negotiate and execute an extension to Contract No. 7816 (CCS) with KOMEX H20 Science, Inc., in the amount of $715,000, to provide technical oversight for Charnock Well Field, was approved.
834-838 16TH STREET
1-E: Statement of Official Action for 10-unit condominium project at 834-838 16th Street, was approved.
CITY HALL HISTORIC ANALYSIS
1-F: Historic analysis for City Hall - recommendation to authorize the City Manager to negotiate and execute Contract No. 8152 (CCS) with Historic Resources Group, in the amount of $69,000, for an Historic Structures Report for City Hall, was approved.
MINUTES
1-A: The minutes of the July 9, 2002, City Council meeting, were presented.
Motion by Mayor Feinstein, seconded by Councilmember Genser, to approve the minutes, as submitted. The motion was unanimously approved by voice vote, with Councilmember Katz abstaining and Councilmembers O'Connor and Holbrook absent.
CLOSED SESSIONS:
Councilmember O'Connor arrived at 6:05 p.m.
Councilmember Holbrook arrived at 7:00 p.m.
Member of the public Brian Hutchings addressed remarks regarding Item 2-D.
On order of the Mayor, the City Council recessed at 6:08 p.m., and reconvened at 7:05 p.m., with all members present. On order of the Mayor, action taken on closed sessions to be reported later during the meeting.
SPECIAL ITEMS:
BBB ROADEO
4-A: Presentation of the Big Blue Bus Roadeo trophies.
The Mayor presented trophies to the winners of the Big Blue Bus Roadeo.
DISABILITY AWARENESS
4-B: The Mayor issued a proclamation declaring the month of October as Disability Awareness Month in the City of Santa Monica.
CONTINUED ITEMS:
HOMELESS SERVICES REPORT
The Mayor announced that the public hearing for Item 5-A was closed at the September 24, 2002, meeting. He further added that Item 5-A and
Item 10-A would be heard concurrently.
5-A: Transmittal of the FY 2001-02 Annual Review of the City's Coordinated Plan for Homeless Services and recommendation to accept the report; introduction and first reading of an ordinance specifying requirements for the distribution of food on public property; and introduction first reading of an ordinance prohibiting sitting or lying in downtown doorways during late night and early morning hours, was presented.
10-A: Request of the Bayside District that Council consider various recommendations including additional support for existing social service infrastructure; limiting the provision of meals in public areas; and reviewing trespass, camping and/or loitering laws in private space adjacent to public space, was presented.
Council asked questions of staff and discussed the merits of the proposals and the public comments received at the September 24th meeting.
Motion by Councilmember Bloom, seconded by Councilmember Katz, to introduce and hold first reading of the ordinance related to distribution of food on public property, directing staff to return with the criteria and parameters that will be applied in processing permit applications; and directing staff to make City and staff resources available to help meal providers integrate with the City's social services programs.
Motion to amend by Mayor Pro Tem McKeown, that the ordinance have an effective date so that staff has time to work on a real plan, and not cut off food distribution between Thanksgiving and December holidays. The motion was not accepted as friendly, and died for lack of a second.
The main motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook
NOES: Mayor Pro Tem McKeown, Mayor Feinstein
ABSENT: None
Mayor Pro Tem McKeown stated, for the record, that he voted against because his request for an amendment was in the spirit of making needed changes in a measured and responsible way, and can't vote for the transition without that care and caution.
Mayor Feinstein stated, for the record, that he voted in opposition because although he agrees with the goal of better linking food and other services to those who need them, he believes this is a dishonest use of the law that will not be effective, that will be counterproductive, and will lead the community to false expectations that a problem has been addressed instead of comprehensive solutions that work for everyone.
Motion by Councilmember Holbrook, seconded by Councilmember Bloom, to introduce and hold first reading of the ordinance prohibiting sitting or lying in downtown doorways during late night and early morning hours, reading by title only and waiving further reading thereof, amended to extend it to the Main Street Commercial Area.
Motion to amend by Councilmember Katz, that the prohibition is in effect unless the owners specifically give permission to sit or lie in the doorways. The motion was not accepted as friendly.
Substitute motion by Councilmember Katz, to introduce and hold the ordinance, amended so that a person cannot trespass unless given specific permission, knowing full well that the law may be challenged. The motion died for lack of a second.
Friendly motion to amend by Councilmember Genser, adding language that it may only be enforced on a property where a notice requesting enforcement is posted. The amendment was not accepted as friendly.
Motion to amend by Councilmember Genser, seconded by Councilmember O'Connor, by adding that it may only be enforced on a property where a notice requesting enforcement is posted.
Discussion ensued on the merits of the motion. The City Attorney provided clarification of the effect of the ordinance relative to the amendment.
The motion to amend was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
At the request of the Mayor, the City Attorney defined the Downtown Area as: The area bounded by and including the east side of Ocean Avenue, north side of Wilshire Boulevard, east side of Lincoln Boulevard, and south side of Pico Boulevard. The Main Street Commercial Area was defined as follows: All commercial zones from Pico Boulevard to the southerly border, and from Nielsen to 2nd Street.
The main motion, as amended was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
Motion by Councilmember Katz, to direct staff to return in four weeks with recommendations to keep public toilet facilities open and maintained 24 hours per day, seven days per week.
The City Manager provided information on steps being taken by staff to address the concern. After discussion, Councilmember Katz withdrew his motion.
Motion by Councilmember Genser, seconded by Mayor Feinstein, to direct staff to return with analysis of resources spent in this area over the last decade and those available at the present, with possible options on augmenting resources by mid-year budget if possible. The motion was unanimously approved by voice vote, with all members present.
ADMIN. ITEMS:
2013 21ST STREET
6-A: Appeal of Planning Commission's decision regarding construction of a 5-unit townhouse-style condominium development located at 2013 21st Street - recommendation to remand the appeal of the Planning Commission's denial of a tentative tract map and a design compatibility permit to the Commission for consideration of a redesigned project, was presented.
Member of the public Ken Kutcher, representing the appellant, spoke in favor of the appeal.
Motion by Councilmember Katz, seconded by Councilmember Genser, to approve staff recommendation and remand the appeal to the Planning Commission. 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
ORDINANCES:
VARIANCE APPLICATIONS
7-A: Second reading of Ordinance No. 2052 (CCS) 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.
Motion by Councilmember Katz, 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
CONSTRUCTION RATE PROGRAM
7-B: Second reading of Ordinance No. 2053 (CCS) 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 REQUIREMENT FOR THE DEVELOPMENT OF CONDOMINIUMS AND OTHER MULTI-FAMILY OWNERSHIP HOUSING," was presented.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to adopt 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, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: Councilmember Katz
ABSENT: None
BUILDINGS STANDARDS CODE
Councilmember Bloom was excused at 11:05 p.m.
7-C: Resolution No 9800 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA MAKING FINDINGS OF LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAPHICAL CONDITIONS AS REQUIRED TO ADOPT LOCAL AMENDMENTS TO THE CALIFORNIA BUILDINGS STANDARDS CODE;" introduction and adoption of Ordinance No. 2054 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADOPTING THE CALIFORNIA BUILDING STANDARDS CODE AND ADOPTING THE SANTA MONICA AMENDMENTS TO THE CALIFORNIA BUILDING STANDARDS CODE AND AMENDING THE ADMINISTRATIVE CODE, AND DECLARING THE PRESENCE OF AN EMERGENCY;" and Resolution No. 9801 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING FORTH THE ADMINIS-TRATIVE CITATION SCHEDULE FOR CERTAIN VIOLATIONS OF THE SANTA MONICA MUNICIPAL CODE, EFFECTIVE NOVEMBER 1, 2002," were presented.
Member of the public Joey Fullmer expressed various concerns.
Motion by Councilmember O'Connor, seconded by Councilmember Katz, to adopt Resolution No. 9800 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmember Bloom
Motion by Councilmember Katz, seconded by Mayor Feinstein, to adopt Ordinance No. 2054 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmember Bloom
Motion by Councilmember O'Connor, seconded by Councilmember Katz, to adopt Resolution No. 9801 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmember Bloom
TENANT PROTECTION
7-D: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING AND EXPANDING THE REQUIREMENTS FOR TENANT PROTECTION DURING CONSTRUCTION, EXPANDING THE SCOPE OF ADMINISTRATIVE CITATIONS, AND AMENDING AND EXPANDING THE REQUIREMENTS FOR THE PLACEMENT OF UNDERGROUND UTILITIES"; and Resolution No. 9802 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE FOR CERTAIN VIOLATIONS OF THE SANTA MONICA MUNICIPAL CODE, EFFECTIVE JANUARY 1, 2002," were presented.
Members of the public Kamal and Mark Olson addressed various issues of the proposed ordinance.
Motion by Councilmember Katz, seconded by Councilmember O'Connor, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmember Bloom
Motion by Councilmember O'Connor, seconded by Councilmember Katz, adopt Resolution No. 9802 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmember Bloom
STAFF ADMIN. ITEMS:
BBB EXPANSION PROJECT
8-A: Presentation of Design Concept and approval of pre-construction services for the Big Blue Bus Expansion Project - recommendation to review the proposed design concepts, give direction to staff, and authorize the City Manager to negotiate and execute a contract for pre-construction services with Swinerton Builders, in the amount of $400,000, for the Big Blue Bus Expansion Project, was presented.
Discussion ensued on the merits of the project, on the plans for use of the existing building, on the status of relocating existing tenants, on questions of the design, on proposed budget, and on the lateness of the hour and the need to have more time for discussion.
On order of the Mayor, and with the consensus of Council, this matter was continued to November 12, 2002, as a 5-Item.
WRITTEN COMMUNICATIONS:
PETS
12-A: Request of Bill Dyer, Field Representative for In Defense of Animals, to request that City Council adopt an ordinance changing the word "owner" to "guardian" relative to pet animals.
The Mayor advised that this item was withdrawn at Mr. Dyer's request.
1930 STEWART
12-B: Request of Ken Ward to address Council regarding upgrading of utilities at 1930 Stewart Street, and regarding permits for a project, was presented.
On order of the Mayor, the information was received and filed.
HIRING PRACTICES
12-C: Request of Brian A. Gray to address Council regarding the hiring practices of the Big Blue Bus, was presented.
On order of the Mayor, the information was received and filed.
COUNCIL ITEMS:
OLDER AMERICANS COMMISSION
13-A: Appointment to one annual vacancy on the Commission on Older Americans for a term ending June 30, 2006, and appointment to one special vacancy for a term ending June 30, 2003.
On order of the Mayor, this matter was continued to December 10, 2002.
PERSONNEL BOARD
13-B: Appointment to one special vacancy on the Personnel Board for a term ending June 30, 2004.
On order of the Mayor, the floor was opened for nominations.
Councilmember O'Connor nominated Beverly Metoyer. There being no other nominations, Ms. Metoyer was appointed by acclamation, with Councilmember Bloom absent.
PUBLIC INPUT:
Members of the public Brian Hutchings, Calvin Ousley and Hsinling Hsieh addressed various concerns.
CLOSED SESSIONS:
Councilmembers Katz and Holbrook were excused at 12:47 a.m.
On order of the Mayor, the following actions on closed sessions were reported:
2-A: Conference with Legal Counsel - Existing Litigation: James Holiday, et al., v. City of Santa Monica, Case No. SC 066 968.
ACTION: Heard. No reportable action taken.
2-B: Conference with Legal Counsel - Existing Litigation: Eleanor Nelson v. City of Santa Monica, Case No. SC 068 870.
Motion by Mayor Feinstein, seconded by Councilmember O'Connor, to approve settlement in the amount of $115,000. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Genser, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Bloom, Holbrook, Katz
2-C: Conference with Legal Counsel - Existing Litigation: Penny Mirsky v. City of Santa Monica, Case No. SC 067 123.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to approve settlement in the amount of $97,568.61. The motion was approved by the following vote:
AYES: Councilmembers Genser, O'Connor, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Bloom, Holbrook, Katz
2-D: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC04331.
ACTION: Heard. No reportable action taken.
2-E: Conference with Legal Counsel - Existing Litigation: Russell Barnard v. City of Santa Monica, Case No. BC 281 367.
ACTION: Heard. No reportable action taken.
2-F: Conference with Legal Counsel - Existing Litigation: Nancy Safonov v. City of Santa Monica, Case No. SC 069 591, consolidated with Mack Turner v. City of Santa Monica, Case No. SC 069 767.
ACTION: Heard. No reportable action taken.
2-G: Conference with Legal Counsel - Existing Litigation: Eleanor Gaver, et al., v. City of Santa Monica, Case No. SC 070 360.
Motion by Councilmember O'Connor, seconded by Mayor Feinstein, to approve settlement in the amount of $40,168. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Genser, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Bloom, Holbrook, Katz
2-H: Conference with Legal Counsel - Existing Litigation: Carrie Waters v. City of Santa Monica, Case No. SC 067 995.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to approve settlement in the amount of $17,500.00. The motion was approved by the following vote:
AYES: Councilmembers Genser, O'Connor, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Bloom, Holbrook, Katz
2-I: Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Two
ACTION: Not heard.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:53 a.m. to October 22, 2002.
APPROVED: Michael Feinstein, Mayor
ATTEST: Maria M. Stewart, City Clerk