CITY OF SANTA MONICA

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

AUGUST 26, 2003

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50 p.m., on Tuesday, August 26, 2003, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Richard Bloom (arrived at 6:15 p.m.)

Mayor Pro Tem Kevin McKeown

Councilmember Michael Feinstein

Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 6:59 p.m.)

Councilmember Herb Katz

Councilmember Pam O=Connor (arrived at 6:10 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 Pro Tem, the City Council convened at 5:50 p.m., with Mayor Bloom and Councilmembers Holbrook and O=Connor absent. Retired Fire Chief Ettore Berardinelli 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.

At the request of Councilmember Katz, Item 1-B was removed from the Consent Calendar.

Motion by Councilmember Katz, seconded by Councilmember Genser, to approve all items on the Consent Calendar as presented except Item 1-B, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Holbrook, O=Connor, Mayor Bloom

MINUTES

1-A: The minutes of the June 17, 24, and July 8, 2003, City Council meetings were approved as submitted.

OBSOLETE FIRE DEPARTMENT EQUIPMENT

1-C: Donation of obsolete used Fire Department equipment and clothing B recommendation to approve the donation of Fire Department equipment and clothing to the El Camino Community College Fire Academy, was approved.

HOMELAND SECURITY GRANT FUNDS

1-D: Acceptance of Homeland Security Grant funds B recommendation to accept a total of $418,028.60 in grant funds to enhance local homeland security efforts and approve proposed budget adjustments, was approved.

CHILD CARE TASK FORCE

1-E: Santa Monica Child Care and Early Education Task Force B recommendation to confirm the designation of the Task Force as the eligible Local Council for the City of Santa Monica for the purpose of the Early Learning Opportunities Act discretionary grant program, was approved.

VIRGINIA AVENUE PARK

1-B: Virginia Avenue Park Construction Project B recommendation to authorize the City Manager to negotiate and execute Contract No. 8266 (CCS) with Ford E.C., Inc., in the amount of $8,962,600, for the construction of the park expansion and street improvements; to negotiate and execute Contract No. 8267 (CCS) with Black and Veatch, in the amount of $921,807, for construction management services for the project; and approve the proposed budget adjustments, was presented.

Councilmember Katz advised he had removed this item from the Consent Calendar to ask questions related to the 15% contingency. Staff provided information related to the contingency.

Motion by Councilmember Katz, seconded by Councilmember Genser, to approve the recommendation amended to change the contingency to 10%. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Holbrook, O=Connor, Mayor Bloom

RECESS

Councilmember O=Connor arrived at 6:10 p.m.

Mayor Bloom arrived at 6:15 p.m.

Councilmember Holbrook arrived at 6:59 p.m.

On order of the Mayor Pro Tem, the City Council recessed at 6:10 p.m., to hear closed sessions. On order of the Mayor, the regular meeting reconvened at 7:10 p.m., with all members present.

On order of the Mayor, Item 1-D was recalled for a new vote because the proposed budget adjustments require five votes and it was earlier approved with only four.

HOMELAND SECURITY GRANT FUNDS

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

AYES: Councilmember Feinstein, Katz, Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown,

Mayor Bloom

NOES: None

ABSENT: None

CLOSED SESSIONS:

On order of the Mayor, the following actions were taken regarding closed sessions:

2-A: 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-B: Conference with Legal Counsel B Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. SC 074 683.

ACTION: Heard. No reportable action taken.

2-C: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. California Coastal Commission, Case No. SS 011 647.

ACTION: Heard. No reportable action taken.

2-D: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331.

ACTION: Not heard.

2-E: Conference with Legal Counsel B Existing Litigation: 2000 Main Street v. City of Santa Monica, Case No. SC 067 899.

Motion by Councilmember Feinstein, seconded by Mayor Bloom, to approve settlement of this case as follows: (1) building permit to be bifurcated from the specialty permits; (2) developer will begin demolishing the existing structure within 30 days of issuance of building permit; (3) developer will dismiss its appeal and waive damages; (4) each side will bear its own costs and fees; (5) the City will process the plans on a specified time schedule and will meet and confer to resolve plan check/construction issues on a specified schedule. 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

2-F: Conference with Legal Counsel B Anticipated Litigation.

Number of cases: Three.

Motion by Councilmember Katz, seconded by Councilmember Feinstein, approve a settlement in the matter involving 1535 Ocean Avenue, Applicant Richard Irving, as follows: based on the circumstances of this alcohol determination application, the City will settle its dispute as to the application of the rule that discontinuance of operations for 1 year triggers the CUP requirement by allowing the applicant to resume operations under the existing alcohol determination. 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 Councilmember O=Connor, to approve settlement in the dispute with JSM Construction regarding 606 Broadway as follows: The developer who disputes the validity of Ordinance Nos. 2058 and 2060, and the City would agree that the decision in the Santa Monica Housing Council case (which raises the same issues) will decide this dispute. Also, while the case is ongoing, the developer will lease the on-site affordable units to very low income households and such tenants will not be evicted, notwithstanding the outcome of that litigation. 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

There was no reportable action taken on the third case.

ADMIN. PROCEEDINGS:

Councilmember Genser was excused at 7:18 p.m.

128 HOLLISTER

6-A: Appeal of Landmarks Commission Decision designating 128 Hollister Avenue as a City Landmark - recommendation to uphold the decision of the Landmarks Commission to designate the Foursquare residential structure located at 128 Hollister Avenue as a City Landmark based on the proposed findings. Applicant: City of Santa Monica Landmarks Commission. Appellant: Rosario Perry.

Councilmember Genser recused himself from participating in this matter due to a conflict of interest.

Councilmember Feinstein advised that although he is a renter on the same street as the project, he does not own property in the vicinity and there is no legal compulsion for him to leave the dais. He added that he can make an objective decision under the circumstances.

Rosario Perry, representing the appellant, spoke in support of the appeal.

Members of the public Marshall Siskin, Ruthann Lehrer, Nina Fresco, Roger Genser, Tom Cleys, and B. Nemlaha spoke in opposition of the appeal.

Mr. Perry provided a rebuttal to public comment.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to uphold the Landmarks Commission decision. The motion was approved by the following vote:

AYES: Councilmember Feinstein, Katz, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSTAIN: Councilmember Holbrook

ABSENT: Councilmember Genser

ORDINANCES:

Councilmember Genser returned at 8:15 p.m.

RESIDENTIAL/EDUCATIONAL FACILITY FOR YOUNG ADULTS

7-A: 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, was presented.

Members of the public Timi Hallem, Barbara Flammang, Jerry Rubin and Sally Young spoke in support of the proposed ordinance.

Motion by Councilmember Katz, seconded by Councilmember O=Connor, to introduce ordinance, 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

PLACEMENT OF OBJECTS IN PUBLIC PARKS

7-B: Introduction and first reading of an ordinance amending the Municipal Code Section 4.55.060 regarding the placement of objects in public parks, was presented.

Member of the public Jerry Rubin expressed various concerns regarding the proposal.

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 O=Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: None

STAFF ITEMS:

RECYCLING AND TRANSFER FACILITY

8-A: Conceptual approval for construction of new City Recycling and Transfer Facility and reject proposal to contract with private disposal service B recommendation to approve the conceptual plan for a new recycling and transfer facility to be built at the City=s Corporate Yard and authorize staff to proceed with design development required for commence-ment of environmental review of the proposed project, was presented.

Members of the public Al Bahouth, Chuck Allord, Mike Matosian, Paul Tyan, Alan Heslop, Ken Hekimian, Steven Frates, Gary Kovall, Janet Payne, John Lee, Stephanie Contreras and Art Casillas spoke in opposition to the proposal.

Members of the public David Shirey, Jerry Rubin, Ken Ward and Mike Hammer spoke in support of the proposal.

Discussion ensued regarding the merits of the proposal, including cost, short and long term benefits, alternatives to the proposal, and comments made by the public.

Motion by Councilmember Katz, seconded by Councilmember Genser, to direct staff to schedule a Study Session with a full Council present, in order to discuss this matter at length, and directing staff to include the issue of a franchise for the related services. 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

Councilmembers Holbrook and Katz were excused at 12:20 a.m.

CORPORATION YARD EXPANSION

8-B: Corporation Yard Expansion Project B recommendation to authorize the City Manager to negotiate and execute a professional services agreement with RNL Design, in the amount of $6,130,000, for architectural and engineering services for the expansion project.

On order of the Mayor, this matter was continued to a future meeting.

CIVIC CENTER: COMMUNITY MEETING ROOM

8-C: 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, was presented.

On order of the Mayor, this matter was continued to a future meeting with a full City Council.

WRITTEN COMMUNICATIONS:

PARKING

12-A: Request of Cynthia Brumfield to address Council requesting twelve permanent parking permits for Delta Sigma Theta Head Start State Preschool teachers at 1905 20^th Street, and 1720 Broadway, was presented.

Motion by Mayor Bloom, seconded by Councilmember Feinstein, to direct staff to assist in canvassing and identifying possible sites for teachers= parking. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

Mayor Bloom was excused at 12:30 a.m.

POLICE DEPARTMENT

12-B: Request of Don Masterson to address Council regarding issues relating to the Police department, was presented.

On order of the Mayor, the information was received and filed.

COUNCIL ITEMS:

ARB

13-A: Appointment to one annual vacancy on the Architectural Review Board for a term ending June 30, 2007.

On order of the Mayor Pro Tem, this matter was continued to September 9, 2003.

DISABILITIES COMMISSION

13-B: One annual appointment to the Disabilities Commission for a term ending June 30, 2007. (Continued from July 8, 2003.)

On order of the Mayor Pro Tem, this matter was continued to September 9, 2003.

RESIGNATIONS

13-C: Acceptance of Robert Posek=s letter of resignation from the Landmarks Commission, and authorization for City Clerk to publish vacancy, was presented.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to accept resignation with regrets and authorize the City Clerk to publish the vacancy. The motion was approved by voice vote, with Councilmembers Holbrook and Katz, and Mayor Bloom absent.

13-D: Acceptance of Doris Sosin's letter of resignation from the Recreation & Parks Commission, and authorization for City Clerk to publish vacancy.

Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to accept resignation with regrets and authorize the City Clerk to publish the vacancy. The motion was approved by voice vote, with Councilmembers Holbrook and Katz, and Mayor Bloom absent.

PUBLIC INPUT:

Members of the public Joe Paolucci, Bill Dyer and David relayed various concerns to the City Council.

ADJOURNMENT:

On order of the Mayor Pro Tem, the City Council meeting was adjourned at 12:44 a.m., in memory of Vivien Evans.

ATTEST: APPROVED:

Maria M. Stewart Richard Bloom

City Clerk Mayor