CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 12, 2003
A regular meeting of the
Santa Monica City Council was called to order by Mayor Bloom at 5:55 p.m., on
Tuesday, August 12, 2003, 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
Councilmember
Robert T. Holbrook (arrived at 7:00 p.m.)
Councilmember
Pam O=Connor (arrived at 6:08 p.m.)
Absent: Councilmember
Herb Katz
Also Present: City
Manager Susan McCarthy
Assistant
City Attorney Joseph Lawrence
City
Clerk Maria M. Stewart
CONVENE/PLEDGE
On order of the Mayor, the
City Council convened at 5:55 p.m., with Councilmembers Holbrook, O=Connor and Katz 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.
Motion by Councilmember
Genser, seconded by Councilmember Feinstein , to approve all items on the Consent Calendar as presented, reading
resolutions and ordinances by title only and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers Feinstein, Genser,
Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
Holbrook, O=Connor, Katz
MINUTES
1-A: The minutes of the May 20, May 27, May 28, May 29, and
June 10, 2003, City Council meetings were approved as submitted.
WATER MAIN REPLACEMENT
1-B: 2002/2003 Water Main Replacement Project
B recommendation to authorize the City Manager to
negotiate and execute a Contract No. 8223 (CCS) with P&J Utility Company,
in the amount of $1,516,154, for construction of the project; and negotiate and
execute Contract No. 8224 (CCS) with Black & Veatch, in the amount of
$170,000, for construction management services for the project, was approved.
LOBBYING SERVICES
1-C: Provision of lobbying services in
Washington, D.C.
B recommendation to authorize the City Manager to
negotiate and execute Contract No. 8225
(CCS) with The Ferguson Group, in the amount of $63,600, for lobbying services,
was approved.
CALPERS SERVICE CREDIT
1-D: Resolution No. 9879 (CCS) entitled:
AA RESOLUTION OF THE CITY OF SANTA MONICA TO GRANT
ANOTHER DESIGNATED PERIOD FOR TWO-YEARS ADDITIONAL SERVICE CREDIT FOR CERTAIN
CLASSIFICATIONS WITH CALPERS,@ was adopted.
CALPERS - MEDICAL
HOSPITAL CARE ACT
1-E: Resolution Nos. 9880 (CCS) (miscellaneous employees) 9881
(CCS) (elected officials) and 9882 (CCS) (firefighters) entitled:
AA RESOLUTION OF THE CITY OF SANTA MONICA WITHDRAWING
FROM PARTICIPATION AND CEASING TO BE SUBJECT TO THE CALPERS PUBLIC EMPLOYEES= MEDICAL AND HOSPITAL CARE ACT,@ were adopted.
CLOSED SESSIONS:
Councilmember O=Connor arrived at 6:08 p.m.
Councilmember Holbrook
arrived at 7:00 p.m.
On order of the Mayor, the
City Council recessed at 6:08 p.m., to hear closed sessions and reconvened at
7:24 p.m., with Councilmember Katz absent.
Action taken on closed
sessions to be reported before the end of the meeting.
ADMIN. MATTERS:
2800 LINCOLN BLVD.
6-A: Appeal of Planning Commission=s decision on project at 2800 Lincoln Boulevard
relative to existing car wash operations - recommendation to deny appeal and uphold the Planning Commission=s decision to deny a zone change, text amendment,
and conditional use permit to rezone an OP2 lot to an OP2A Designation and to
amend the Municipal Code to allow Canopy Structures, Temporary Parking and
Wipe-down areas in support of existing car wash operations, subject to a CUP
based upon the proposed findings, was presented.
Caleb Grodosky,
representing appellant, spoke in support of the project and the appeal.
Member of the public Joey
Fullmer expressed various concerns regarding the project. Member of the public Linda Stracker spoke in
opposition of the project.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Genser, to deny the appeal. The
motion was approved by the following vote:
AYES: Councilmembers O=Connor, Holbrook, Genser, Feinstein, Mayor Pro Tem
McKeown,
Mayor
Bloom
NOES: None
ABSENT: Councilmember
Katz
ORDINANCES:
ATM SURCHARGES
7-A: Second reading and
adoption of Ordinance No. 2091 (CCS) entitled:
AAN ORDINANCE OF THE CITY OF SANTA MONICA REPEALING
SECTION 4.32.040 OF THE MUNICIPAL CODE RELATED TO AUTOMATED TELLER MACHINE
SURCHARGES,@ 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 Feinstein, Genser,
Holbrook, O=Connor,
Mayor Pro Tem McKeown,
Mayor
Bloom
NOES: None
ABSENT: Councilmember
Katz
CALPERS AMENDMENT
7-B: Second reading and adoption of Ordinance
No. 2092 (CCS) entitled:
AAN ORDINANCE OF THE CITY OF SANTA MONICA AUTHORIZING
AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION
OF CALPERS,@ was
presented.
Motion by Councilmember
Feinstein, seconded by Councilmember Holbrook, to adopt ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers O=Connor, Holbrook, Genser, Feinstein, Mayor Pro Tem
McKeown,
Mayor
Bloom
NOES: None
ABSENT: Councilmember
Katz
YWCA
7-C: Introduction and first reading of an ordinance to add Section
9.04.02.030.718 to the Municipal Code to establish a zoning ordinance
definition for a Supervised Residential and Educational Facility for young
adults emancipated from foster care and to add Section 9.04.08.02.050(b) to allow
the use in the R-1 Single Family Residential District subject to a Conditional
Use Permit.
On order of the Mayor, this
matter was continued to August 26, 2003.
SPECIAL JOINT MEETING
WITH THE REDEVELOPMENT AGENCY:
On order of the Mayor, the
regular City Council recessed at 7:55 p.m., to a joint meeting with the
Redevelopment Agency, with Councilmember Katz absent.
OPCC
8-A: Ocean Park Community Center - recommendation that the
City Council and the Redevelopment Agency approve a housing trust fund loan and
grant to Ocean Park Community Center (OPCC), in the amount of $7,397,112, for
the acquisition and rehabilitation of the real property located at 1751
Cloverfield Boulevard for temporary housing for low income persons, and adopt
Resolution No. 9883 (CCS) and Resolution No. 484 (RAS) entitled:
AA RESOLUTION FINDING THAT THE HOUSING PROJECT IS OF BENEFIT TO THE OCEAN
PARK REDEVELOPMENT PROJECT AREAS@; and that the City Council authorize the City
Manager to negotiate and execute Relocation Agreement No. 8226 (CCS) between
the Big Blue Bus and the OPCC, in the amount of $1,800,000; and discussion of
alternatives, including Redevelopment Agency and City ownership and other
potential OPCC locations, was presented.
RECESS
On order of the Mayor, the
City Council recessed at 9:36 p.m. and reconvened at 9:46 p.m., with
Councilmember Katz absent.
The following members of
the public spoke in support of the recommendation: Sandy Banks, Mary Johnson,
Cheryl Martin, Cheri Hill, Linda Smith, Tony Mason, Lance Martin, Irene Zivi,
Liz Farer, Christine Ertezek, Jamal Gallow, Margarita Gonzalez, Bruce Rankin,
Geoffrey Gilbert, Renee Buchanan, Candace Crowley, Nancy Firth, Catita Person,
Chuck Lindner, Natalie Preciado, Vivian Rothstein, Mary Phillips, Alan Strauss,
Abby Arnold, James Rosenblum, Leslie McIntosh, Tristan Taylor, Cindy Buchall,
Martha Quesada, Ronald Cabrel, Larry Arnstein, Steaven Jones, Donna Gentra,
Susan Richmann, Arva Stanton, Gary Richard, Susan Frazier, Daphne Dennis, Karen
Bauer, Christie Coho, Pat Sinclair, Michelle Pritchard, Andrew Parker, Michael
Logue, Laurie Newman, Debby Maddis, Lisa Gamble, Ann Peterson, Kathy Douglas,
Pamela Armstrong, Linda Armstrong, Edith Mendez, Bruria Finkel, Mar Preston,
Elizabeth Ballmer, Rich Peters, Candy Arnold, Josefina Aranda, Anysha Khan, Ana
M. Jara, Sandie Richards, and Jerry Rubin.
The following members of
public spoke in opposition to the recommendation: Lisa Melandin, Joey Fullmer,
David Luce, Karen Comegys, John Reynolds, Andy Buchall, John Petz, Megan Massock,
Susan Schomburg, Frank Lloyd, Richard Tuttle, chuck Allord, Dennis Ficker, Mike
Grunning, Patricia Dawson, Bob Riddle, R. Kernochan, Barbara Kernochan, Frank
Fraser, Matt Millen, Art Casillas, Susan Bellows, Rick Williams, Emmalie
Hodgin, Clyde Smith, Rae Archibald, Jamie Kelso, J.V. Townsend, Alejandro
Rodriguez, Mary Cornejo, Cristina Lizarra, Ana Jara, Pete Tigler, Janet Krelle,
Nicole Von Riesen, Laura Pasquale, Susan Archibald, Cheri Dickinson, Theresa
Lussotti, Beverly Danaloff , Juan Padilla, Don Gray, Maria Luna Loya, Irma
Carranza, Maria Vivanco, Laverne Ross, Christian Boyce, and Kathryn Morea.
RECESS
On order of the Mayor, the
City Council recessed at 1:00 a.m. and reconvened at 1:10 a.m., with
Councilmember Katz absent.
Motion by Councilmember
Feinstein, seconded by Mayor Bloom,
to adopt Resolution No. 9833 (CCS), reading by title only and waiving further
reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers O=Connor, Genser, Feinstein, Mayor Pro Tem McKeown,
Mayor Bloom
NOES: Councilmember
Holbrook
ABSENT: Councilmember
Katz
Motion by Councilmember
Feinstein, seconded by Councilmember Genser, to approve the shelter housing at Cloverfield site and the access
center at the Big Blue Bus, staff to look at options for other affordable
housing, including housing opportunities for youth from the Pico Neighborhood
at the Cloverfield site and possible other locations including the Big Blue
Bus; and staff to conduct broad outreach to all portions of the community and interested
parties. The motion was approved by the
following vote:
AYES: Councilmembers Feinstein, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember
Holbrook
ABSENT: Councilmember
Katz
Motion by Councilmember
Feinstein, seconded by Councilmember O=Connor,
to approve option outlined in supplemental staff report, page 5, providing the
loan-grant to OPCC with OPCC immediately conveying the property to the
Redevelopment Agency, and the Agency would lease the property back to OPCC for
a 55-year term, modified to indicate that the City has an option to acquire the
property after 55 years; to direct staff to schedule the required public
hearing and publish the necessary notices on the use of Redevelopment Agency
funds for the long term lease involved.
The motion was approved by the following vote:
AYES: Councilmembers O=Connor, Genser, Feinstein, Mayor Pro Tem McKeown,
Mayor Bloom
NOES: Councilmember
Holbrook
ABSENT: Councilmember
Katz
Motion by Councilmember
Feinstein, seconded by Councilmember O=Connor,
that the financing be $400,000 from TORCA, $800,000 if possible from HOME, and
the remainder from Redevelopment Agency funds, with the financing structure
maintaining maximum flexibility on the affordable housing component. The motion was approved by the following
vote:
AYES: Councilmembers Feinstein, O=Connor, Genser, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember
Holbrook
ABSENT: Councilmember
Katz
Motion by Councilmember
Feinstein, seconded by Councilmember O=Connor,
to approve up to $1.8 million in Big Blue Bus funds for relocation costs. The motion was approved by the following
vote:
AYES: Councilmembers O=Connor, Genser, Feinstein, Mayor Pro Tem McKeown,
Mayor Bloom
NOES: Councilmember
Holbrook
ABSENT: Councilmember
Katz
Councilmember Holbrook
was excused at 2:38 a.m.
Motion by Mayor Bloom,
seconded by Councilmember Feinstein,
to direct staff that a committee, task force, or some other entity be formed to
confer on a very regular basis with staff and with OPCC and that all
stakeholders be included in the entity.
The motion was approved by voice vote, with Councilmembers Katz and
Holbrook absent.
Motion by Mayor Bloom,
seconded by Councilmember Feinstein,
to direct staff to report how the City is responding to businesses and
residents complaints regarding homeless activities and issues.. The motion was approved by voice vote, with
Councilmembers Katz and Holbrook absent.
ADJOURNMENT OF SPECIAL
MEETING
On order of the Mayor, the
special joint meeting adjourned at 2:45 a.m., and the regular City Council
reconvened with Councilmembers Holbrook and Katz absent.
CIVIC CENTER PARKING
STRUCTURE
8-B: Civic Center Parking Structure Community Meeting Room -
recommendation that Council direct the placement of a partially isolated
community meeting room at the street level of the proposed Civic Center Parking
Structure.
On order of the Mayor, this
matter was continued to August 26, 2003.
COUNCIL ITEMS:
ANNUAL APPTS.
13-A: Annual and special vacancy appointments to
the following boards and commissions: (Continued
from July 22, 2003.)
Architectural Review Board:
On order of the Mayor, this matter was continued to August 26, 2003.
Bayside District
Corporation: On order of the Mayor, this matter was continued to September 9, 2003.
Commission
for the Senior Community: On order of the Mayor, this matter was continued to
September 9, 2003.
Personnel
Board: On order of the Mayor, this matter was continued to September 9, 2003.
PIER
RESTORATION CORPORATION
13-B: Appointment to one special vacancy on the
Pier Restoration Corporation for a term ending November 11, 2003.
On
order of the Mayor, the floor was opened for nominations.
Councilmember
Genser nominated Cindy Bendat. There being no other nominations, Ms. Bendat
was appointed by acclamation with Councilmembers Katz and Holbrook absent.
LANDMARKS
COMMISSION
13-C: Appointment to one special vacancy on the
Landmarks Commission for a term ending June 30, 2005.
On
order of the Mayor, this item was continued to September 9, 2003.
CLEAR
SKIES INITIATIVE
13-D: Request of Councilmember Feinstein to oppose
the Bush Administration=s "Clear Skies Initiative" that would
weaken clean air health and environmental protections, was presented.
Motion
by Councilmember Feinstein, seconded by Councilmember O=Connor,
to approve request. The motion was
approved by the following vote:
AYES: Councilmembers
O=Connor,
Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Katz
SOCIAL
SERVICES COMMISSION
13-E: Acceptance of Brian Andrews= letter of resignation from the Social Services
Commission, and authorization for the City Clerk to publish the vacancy, was presented.
Motion
by Councilmember Feinstein, seconded by Councilmember O=Connor,
to accept, with regrets. The motion was
approved by the following vote:
AYES: Councilmembers
O=Connor,
Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Katz
PROPOSITION
54
13-F: Request of Mayor Pro Tem McKeown that the
Council place the City of Santa Monica on record in opposition to California
Proposition 54 on the October 7 ballot, the Classification by Race, Ethnicity,
Color or National Origin measure sponsored by Ward Connerly, which would
adversely affect Santa Monica human service agencies' ability to collect data
for administering social programs, was presented.
Member
of the public Linda Piera-Avila spoke in support of the request.
Motion
by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to approve request. The motion was approved by the following vote:
AYES: Councilmembers
O=Connor,
Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Katz
RECYCLING
OF HAZARDOUS MATERIAL
13-G: Request of Mayor Pro Tem McKeown that the
Santa Monica City Council support SB 20 (Sher), requiring producers of
electronic devices to develop and finance a program for the recycling of
hazardous materials contained therein, and that Santa Monica's support be
promptly communicated to appropriate state legislators and Governor Davis,
was presented.
Motion
by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to approve request. The motion was approved by the following vote:
AYES: Councilmembers
O=Connor,
Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Katz
CLOSED SESSION:
On
order of the Mayor, Assistant City Attorney Lawrence reported the following
action on closed sessions:
2-A: Conference with Legal Counsel
B Existing Litigation: Olive Karony v. City
of Santa Monica, Case No. SC 074 153.
ACTION: Not heard.
2-B: Conference with Legal Counsel
B Existing Litigation: Peter Boules v. City of Santa Monica, Case No. SC 074 042.
Motion
by Councilmember Feinstein, seconded by Councilmember Genser, to approve a settlement in the amount of
$50,000. The motion was approved by the
following vote:
AYES: Councilmembers
Feinstein, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Katz, Holbrook
2-C: Conference with Legal Counsel
B Existing Litigation: Cathy Rudy v. City of Santa Monica, Case No. SC 074 803.
Motion
by Councilmember Feinstein, seconded by Councilmember Genser, to approve settlement in the amount of
$165,000. The motion was approved by
the following vote:
AYES: Councilmembers
O=Connor,
Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Katz
2-D: Conference with Legal Counsel
B Existing Litigation: Santa Monica HSR, Limited v. City of Santa Monica, Case
No. BS 083 977.
ACTION: Heard.
No reportable action taken.
2-E: Conference with Legal Counsel
B Existing Litigation: 2000 Main Street v. City of Santa Monica, Case No. SC 067
899.
ACTION: Not heard.
2-F: Conference with Legal Counsel
B Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case
No. SC 074 683.
ACTION: Not heard.
2-G: Conference with Legal Counsel
B Existing Litigation: City of Santa Monica v. California Coastal Commission, et al.,
Case No. SS 011 647.
Motion
by Councilmember Feinstein, seconded by Councilmember O=Connor,
to approve a settlement with the Embassy Building, as follows:
1. By September 8, 2003, the Embassy will file an application
to nominate the Embassy Building as a historic building and pay the filing fee
of $517.50. The City will process this
application and conduct the necessary hearings thereon.
2. The City and Embassy will resolve the logistics of how many
permits each unit is entitled to and the procedure for lost permits.
3. The Embassy will not participate in the City=s pending lawsuit against the Coastal Commission,
and the City shall agree to issue parking permits to the Embassy as long as the
current Preferential Parking Zone is in effect and as long as the Embassy is a
landmark.
4. Before October 30, 2003, the City Rent Control Board and the
Embassy shall meet to discuss possible legislative changes to the Landmarks
Ordinance.
The
motion was approved by the following vote:
AYES: Councilmember
O=Connor,
Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Katz
2-H: Conference
with Legal Counsel
B Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331.
ACTION: Not
heard.
2-I: Conference
with Legal Counsel
B Anticipated Litigation:
Number of cases:
Four.
ACTION: Heard. No reportable action taken.
2-J:
Conference
with Labor Negotiator:
City Negotiator: Karen Bancroft, Director, Human Resources
Bargaining Units: Administrative Team Association;
Public
Attorney=s Legal Support Staff Union;
Management Team Associates;
Santa Monica Firefighters;
Supervisors Team Associates
ACTION: Heard. No reportable action taken.
PUBLIC INPUT:
There was no one present for public comment.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was
adjourned at 2:55 a.m.
ATTEST: APPROVED:
Maria M. Stewart Richard
Bloom
City Clerk Mayor