CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 8, 2003
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 6:01 p.m., on Tuesday, April 8, 2003, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Mayor Pro Tem Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser (arrived at 6:06 p.m.)
Councilmember Robert T. Holbrook (arrived at 7:00 p.m.)
Councilmember Herb Katz
Councilmember Pam O'Connor (arrived at 7:15 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 6:01 p.m., with Councilmembers Genser, Holbrook and O'Connor absent. Mayor Pro Tem McKeown 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 Pro Se addressed issues related to the Consent Calendar.
At the request of Mayor Pro Tem McKeown, Item 1-A was removed from the Consent Calendar.
Motion by Councilmember Katz, seconded by Councilmember Feinstein , to approve all items on the Consent Calendar as presented except 1-A, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Genser, Holbrook, O'Connor
PEDESTRIAN IMPROVEMENT PROJECT
1-B: Pedestrian Improvement Project - Phase 2 - recommendation to authorize the City Manager to negotiate and
execute an amendment to Contract No.7787 (CCS) with CBM Consulting, in the amount of $49,225, for construction
management services for the project, and approve proposed budget changes, was approved.
DUMP COLLECTION VEHICLES
1-C: Purchase of three dump collection vehicles - recommendation to award Bid No. 2840 to Kelly Equipment, in the
amount of $199,444.89, to furnish and deliver three dump collection vehicles for the Solid Waste Management Division,
was approved.
MINUTES
1-A: Approval of minutes of February 11, 2003, City Council meeting, were presented.
Mayor Pro Tem McKeown advised that member of the public Joey Fullmer had notified him that she had not been in favor of Item 8-A, as the minutes for February 11, 2003, indicate.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to approve the minutes, amended to indicate Ms. Fullmer did not speak in favor of Item 8-A. The motion was unanimously approved by voice vote, with Councilmembers Genser, Holbrook, and O'Connor absent.
CLOSED SESSIONS:
Councilmember Genser arrived at 6:06 p.m.
Councilmember Holbrook arrived at 7:00 p.m.
Councilmember O'Connor arrived at 7:15 p.m.
On order of the Mayor, the City Council recessed at 6:06 p.m., to hear closed sessions and reconvened at 7:18 p.m., with all members present, to report the following:
2-A: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Company,
Case No.
01CC4331.
ACTION: Heard. No reportable action taken.
2-B: Conference with Legal Counsel - Existing Litigation: Action v. City of Santa Monica, Case No. BC 271 062.
ACTION: Not heard.
2-C: Conference with Legal Counsel - Existing Litigation: Santa Monica Food Not Bombs v. City of Santa
Monica,
Case No. 03-0032 JTLX.
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: Los Angeles Department of Water and Power, et al.,
ex
rel. Nora Armenta v. James Jones Company, et al., Case No. BC 173 487.
ACTION: Heard. No reportable action taken.
2-E: Conference with Legal Counsel - Anticipated
Litigation.
Number of cases: Seven.
ACTION: Three cases heard; no reportable action was taken. Four cases were not heard.
SPECIAL ITEMS:
COMMENDATION
4-A: Commendation to City employee Jennifer Hale in recognition for going above and beyond the call of duty.
The Mayor commended employee Jennifer Hale in recognition of her efforts that assisted in re-uniting a missing daughter with her parents.
PROCLAMATION
4-B: Proclamation declaring April 19, 2003, as Earth Day in the City of Santa Monica.
The Mayor issued a proclamation declaring April 19, 2003, as Earth Day in the City of Santa Monica.
ADMIN. PROCEEDINGS:
1540 2ND STREET (McDONALDS)
6-A: Appeal of Mixed Use Project at 1540 2nd Street (McDonalds) - recommendation to hold a public hearing, adopt
resolution certifying the Final Environmental Impact Report prepared for the proposed mixed-use project at 1540 2nd Street;
and deny appeal and uphold the Planning Commission's denial of DR Permit 98-012, Text Amendment 98-009, CUP 98-046 and Variance 98-053 related to the project, was presented.
Tom Landau, Margaret Taylor and Norman Kravetz, representing the appellant, spoke in support of the appeal.
The following members of the public spoke in support of the appeal: Brett Biggs, Ellen Brennan, Tony Lardas, Arthur Morris, Mike Gruning, Jerry Rubin, and Reina Alvarez.
Member of the public Kelly Olsen spoke in opposition of the appeal.
Representatives for the appellant provided a rebuttal to comments made during public comment.
Considerable discussion ensued regarding the merits of the project, parking, access to parking lot and to subterranean parking, traffic circulation, design, and public comment.
Motion by Councilmember Genser, seconded by Councilmember Katz, to ask applicant to redesign the project in order to address the parking circulation issues that have been raised, taking into consideration the suggestions that have been made tonight; ask staff to return with appropriate documents to allow Council to approve the project and return with information about potential changes to the direction of the alley; and ask the applicants and the staff to work together in making sure that the modifications to the project will work with whatever changes the staff is going to propose to the alley circulation. In addition, the extra driveway off of Colorado to be removed - with an option that it may be widened but not access Colorado. Motion also includes that a parking management plan be approved by the Director of Planning. The public hearing was continued to May 13, 2003. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, Holbrook, O'Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember Feinstein
ABSENT: None
Councilmember Feinstein stated, for the record, that he voted in opposition because as is, the project suffers from major lack of vision to fit the unique character of the corner, fails to integrate key civic destinations at a major crossroads of the city, enhances a planning failure, and misses an opportunity of significant proportion.
RECESS
On order of the Mayor, the Council recessed at 10:17 p.m., and returned at 10:30 p.m., with Councilmembers Holbrook and
O'Connor absent.
ORDINANCES:
7-A: Second reading and adoption of Ordinance No. 2071 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA TO CHANGE MUNICIPAL CODE SECTION 2.04.520 RELATING TO PHYSICAL EXAMINATIONS FOR CITY EMPLOYEES," was presented.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers O'Connor, Holbrook
SMOKING IN CITY PARKS
7-B: Second reading and adoption of Ordinance No. 2072 (CCS) entitled: "AN ORDINANCE OF THE CITY OF
SANTA MONICA ADDING SECTION 4.44.040 TO THE MUNICIPAL CODE PROHIBITING SMOKING IN CITY
PARKS," was presented.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers O'Connor, Holbrook
Councilmember Holbrook returned at 10:35 p.m.
Councilmember O'Connor returned at 10:38 p.m.
COMMUNITY EVENTS ORDINANCE
7-C: Introduction and first reading of an ordinance: 1) Amending Sections 4.68.040, 4.68.110, 4.68.130, 4.68.140,
4.68.150, and 4.68.180 of the Community Events Code relating to permit criteria, parade routes, temporary signage,
departmental charges, and indemnification provisions and Section 4.08.500 relating to street banners, and 2)
Repealing Chapter 6.44 and Section 4.08.510 relating to Cultural Arts and Crafts Shows and Street Banners, was
presented.
The following members of the public spoke in opposition to the proposal regarding the banners: Chris DeCarlo, Ben Stegall, Bruce Rankin, Gary Gordon, Jane Walker, Mike Gruning, and Jerry Rubin.
Motion by Councilmember Katz, to defer this matter indefinitely. The motion failed for lack of a second.
Motion by Councilmember Feinstein, seconded by Councilmember Genser, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof, and amended to delete the portions regarding street banners. The motion was approved by the following vote:AYES: Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
Motion by Councilmember Feinstein, seconded by Mayor Bloom, to direct staff to explore possibilities for new, revised proposals to be made for amendments to the street banner ordinance that would address as many as possible of the concerns expressed. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Holbrook, Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember Katz
ABSENT: None
STAFF ITEMS:
DISPLAYS ON PUBLIC PROPERTY
8-A: Discussion on establishing City policy and directing staff to prepare an ordinance related to installation of
displays and other objects in City Parks and on other public property, was presented.
There was no one present for public comment.
Motion by Councilmember Genser, seconded by Councilmember O'Connor, to approve staff recommendation with the direction to consider prohibiting displays on public property with the exception of portion of Palisades Park through the month of December; explore the options for continuing the fresh-art program, and other art and cultural activities, at Cloverfield Park; that staff receive input from the Recreation and Parks, and the Arts Commission, and return to Council. The motion was unanimously approved by voice vote, with all members present.
MARCH 21, 2003 - SPECIAL ELECTION
8-B: Adoption of Resolution No. 9844 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
CERTIFYING THE RESULTS OF THE MARCH 21, 2003, SPECIAL MUNICIPAL ELECTION ON PROPOSITION
A," was presented.
Member of the public Brian Hutchings expressed various concerns.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to adopt resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
RECESS
On order of the Mayor, the regular Council meeting recessed to a special meeting of the Housing Authority at 11:30 p.m., and reconvened to the regular meeting at 11:37 p.m., with all members present.
PUBLIC HEARINGS:
PUBLIC NUISANCE
9-A: Public Hearing to adopt Resolution No. 9845 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA CONFIRMING COSTS OF ABATING A PUBLIC NUISANCE AT 2602 ARIZONA AVENUE/1315 26TH
STREET AND AUTHORIZE THE FILING OF A NOTICE OF LIEN WITH THE LOS ANGELES COUNTY
RECORDER," was presented.
Member of the public Bob Badinyan spoke in opposition to the recommendation.
Motion by Councilmember Katz, seconded by Councilmember O'Connor, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
COUNCIL ITEMS:
COMMISSION ON OLDER AMERICANS
13-A: Appointment to one special vacancy on the Commission on Older Americans for a term ending June 30, 2003.
13-B: Appointment to one annual vacancy on the Commission on Older Americans for a term ending June 30, 2006, due to a previous appointee's withdrawal from the position.
On order of the Mayor, Items 13-A and 13-B were continued to April 22, 2003.
Members of the public Matteo Dinolfo, Fernando Padilla, Oscar de la Torre, Mario Fonda Bonardi, Nat Trives, Shari Davis, and Jerry Rubin spoke in favor of the request.
Motion by Mayor Pro Tem McKeown, seconded by Mayor Bloom, to approve the request adding the word "enthusiastic" to the request so that it reads: ". . . .unqualified, enthusiastic support . . ." The motion was unanimously approved by voice vote, with all members present.
Councilmember Katz was excused at 12:05 p.m.
SUSTAINABLE CITY PLAN
13-D: Request of Mayor Pro Tem McKeown and Councilmember Feinstein to direct staff to develop specific
departmental strategies to implement the newly-adopted Sustainable City Plan within City operations, in
community planning and in economic development, and provide preliminary concepts and priorities as part of the
annual budget process, was presented.
There was no one present for public comment.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to approve request. The motion was approved by voice vote, with Councilmember O'Connor voting in opposition and Councilmember Katz absent.
RESIGNATIONMotion by Councilmember Holbrook, seconded by Councilmember O'Connor, to accept the letter, with regrets, and approve recommendation. The motion was unanimously approved by voice vote, with Councilmember Katz absent.
PARKING MITIGATION STRATEGIES
13-F: Request of Mayor Pro Tem McKeown and Councilmember Genser to direct that staff investigate including
Big Blue Bus or other mass transit pass opportunities in future parking impact mitigation strategies, and return to
Council with policy options, was presented.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with Councilmember Katz absent.
SB 921
13-G: Request of Mayor Pro Tem McKeown and Councilmember Holbrook that the City Council support our State
Senator Sheila Kuehl's bill SB 921, establishing a single comprehensive health plan for all California residents at no
new cost to the state, and that Santa Monica's support be promptly communicated to appropriate legislators and
Governor Davis, was presented.
LABOR RELATIONS
13-H: Request of Mayor Pro Tem McKeown that, in light of allegations of recent violations of the National Labor
Relations Act by a local employer, the Council reaffirm its June 27, 2000 resolution (9538(CCS)): for fundamental
fairness and justice in labor relations, against union-busting, and calling upon local businesses to respect worker
dignity, management neutrality and the right to choose union representation without intimidation by means such as
card-check elections.
This matter was withdrawn by Mayor Pro Tem McKeown.
PUBLIC INPUT:
Members of the public Art Casillas, Ned Landin, and Brian Hutchings discussed various issues.
ADJOURNMENT:On order of the Mayor, the City Council meeting was adjourned at 1:02 a.m. in memory of all the lives lost in the war with Iraq.
ATTEST:
APPROVED:
Maria M. Stewart
Richard Bloom
City Clerk
Mayor