CITY OF SANTA MONICA

 

CITY COUNCIL MINUTES

 

SEPTEMBER 23,  2003

 

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:55 p.m., on Tuesday, September 23, 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 6:55 p.m.)

Councilmember Herb Katz

 

Absent:           Councilmember Pam O’Connor

 

Also Present: Assistant City Manager Gordon Anderson

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 Holbrook and O’Connor absent.  Mr. Paul Casey 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 and Pro Se expressed opinions on Consent Calendar items.

 

At the request of Councilmember Katz, Item 1-A was removed from the Consent Calendar.  At the request of Mayor Bloom, Item 1-J 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 and 1-J, reading resolutions and ordinances by title only and waiving further reading thereof.  The motion was approved by the following vote:

 

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

NOES:            None

ABSENT:       Councilmembers Holbrook, O’Connor

 

SETTING OF PUBLIC HEARING

1-B:     Resolution No. 9891 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA SETTING PUBLIC HEARING ON OCTOBER 14, 2003, TO CONFIRM ASSESSMENT COSTS FOR INSTALLATION OF STREETLIGHT IN VARIOUS DISTRICTS ON DEWEY, ROBSON AND MARINE STREETS,” was adopted.

 

CHARNOCK WELL

1-C:     Charnock Well field technical oversight and MTBE remediation - recommendation to authorize the City Manager to negotiate and execute an amendment to existing Contract No. 7816 (CCS) with KOMEX, Inc., in the amount of $390,000, for well field technical oversight; and waive competitive bidding and authorize the City Manager to negotiate and execute Contract No. 8277 (CCS) with KOMEX, in the amount of $1,370,000, for design construction and operation of a pilot testing facility, was adopted.

 

MAIN STREET SEWER AND ROAD REPAIR

1-D:     Ocean Avenue and Main Street Sewer Rehabilitation and Main Street Road restoration project – recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8157 (CCS), with BRH Garver-West, Inc., in the amount of $375,000, for the projects, was approved.

 

GRAPHIC SERVICES

1-E:     Provision of graphic services for Environmental Programs Division – recommendation to authorize the City Manager to negotiate and execute Contract No. 8278 (CCS) with Cowan Communications Arts, in the amount of $100,000, for graphic design services for various public outreach projects and programs, was approved.

 

HEARING OFFICER

1-F:     Resolution No. 9892 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA RELEASING CITY FUNDS TO L.A. COUNTY TO HIRE A HEARING OFFICER FOR EARLY INTER-VENTION WITH MINORS ARRESTED FOR NON-VIOLENT FIRST TIME OFFENSES,” was adopted.

 

PICO YOUTH AND FAMILY CENTER

1-G:     Reallocation of funds for the Pico Youth and Family Center – recommendation to approve reallocation of grant funds from Woodcraft Rangers to Public Health Foundation Enterprise to operate the Pico Youth and Family Center and authorize the City Manager to negotiate and execute Contract No. 8279 (CCS), was approved.

 

944 5TH STREET

1-H:     Resolution No. 9893 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL SUBDIVISION MAP TRACT NO. 53683 FOR 5-UNIT CONDOMINIUM PROJECT AT 944 5TH STREET, AND APPROVAL OF SUBDIVISION IMPROVEMENT AGREEMENT No. 8280 (CCS),” was adopted.

 

SURPLUS PROPERTY

1-I:       Resolution No. 9894 entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING CERTAIN FIRE HELMETS TO BE SURPLUS CITY PROPERTY AND AUTHORIZING THE DISPERSAL OF THE HELMETS TO FIRE DEPARTMENT PERSONNEL,” was adopted.

 

MINUTES

1-A:     Minutes of the August 12, 2003, City Council meeting were presented.

 

Councilmember Katz stated he removed this item from the Consent Calendar because, as he was not present for this meeting, he wanted to abstain from voting.

 

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to approve the minutes as submitted.  The motion was approved by voice vote with Councilmember Katz abstaining, and Councilmembers Holbrook and O’Connor absent.

 

PARATRANSIT SERVICES

1-J:      Rejection of proposals for Curb-to-Curb Paratransit Service  -recommendation to reject all proposals to provide curb-to-curb paratransit services and extend Contract No. 7801 (CCS) with Transportation Concepts, Inc., until an amended Notice Inviting Bids is completed and a new contract is awarded, was presented.

 

Mayor Bloom advised that he had removed this item from the Consent Calendar to assure that staff receives and considers input from any affected part of the community.

 

Motion by Mayor Bloom, seconded by Councilmember Genser, to approve the recommendation.  The motion was unanimously approved by voice vote with Councilmembers O’Connor and Holbrook absent.

 

CLOSED SESSIONS:

 

Councilmember Holbrook arrived at 6:55 p.m.

 

On order of the Mayor, the City Council recessed at 6:05 p.m., to consider closed sessions and returned at 7:15 p.m., with Councilmember O’Connor absent, to report the following:

 

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

 

ACTION:         Heard.  No reportable action taken.

 

2-B:     Conference with Legal Counsel – Existing Litigation:  Richard Murphy v. City of Santa Monica, Case No. SC 073 719.

 

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to approve settlement in the amount of $275,000.  The motion was approved by the following vote:

 

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

NOES:            None

ABSENT:       Councilmember O’Connor

 

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

 

ACTION:         Not heard.

 

2-D:     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-E:     Conference with Legal Counsel – Anticipated Litigation:

Number of cases:  Three.

 

ACTION:         Two cases heard, no reportable action taken.  One case not heard.

 

SPECIAL  ITEMS:  

 

DISABILITY AWARENESS

4-A:     Proclamation declaring the month of October 2003 as Disability Awareness Month. 

 

ACTION:         Proclamation read.

 

COMMENDATION

4-B:     A commendation was presented to Maria Arechaederra, as the retiring President/CEO of WISE Senior Services and in appreciation, by Mayor Bloom.

 

ADMIN. ITEMS:

 

627 MARINE ST.

6-A:     Appeals of Planning Commission approval of CUP to allow continued operation of neighborhood market at 672 Marine Street – recommendation to deny both appeals and uphold the Planning Commission’s approval based on the proposed conditions, was presented.

 

Appellant Abby Arnold, John Grant, and Diane Kunz spoke on behalf of Ms. Arnold’s appeal.  Howard Robinson, representing Appellant Peter Kim, spoke in support of Mr. Kim’s appeal.

 

Member of the public Joe Natoli spoke in support of the appeals.

 

There were no rebuttals.

 

Motion by Councilmember Genser, seconded by Councilmember Katz, to uphold the appeals, grant extended hours, and at the owner’s choice to have windows as required by the staff report, murals, or a third option that would be approved by the Architectural Review Board or a subsequently designated appropriate body.  The motion was approved by the following vote:

 

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

NOES:            None

ABSENT:       Councilmember O’Connor

 

2225 4TH STREET

6-B:     Continued operation of existing grocery market at 2225 4th Street – recommendation to amend Condition 1 of Parcel Map 18025 and CUP 435 to allow the continued operation of the existing nonconforming neighborhood grocery store.  Applicant:  Paul Chen/Hacque Helal, was presented. 

 

Drew Cicconi, representing appellant, spoke in support of the recommendation.

 

Members of the public Jack Neff, Carole Yii, Steve Inglehart, Carlos Pinero, Linda Barister, Eugene Kellman, Mike Stark, Shelley Taylor, Jerry Rubin, Eleanor Cook, and Kathleen Mulcahy spoke in support of the recommendation.

 

There was no rebuttal by the appellant.

 

Motion by Councilmember Katz, seconded by Councilmember Genser, to approve staff’s recommendation.  The motion was approved by the following vote:

 

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

NOES:            None

ABSENT:       Councilmember O’Connor

 

ORDINANCES:

THIRD STREET PROMENADE

7-A:     Second reading and adoption of Interim Ordinance No. 2096 (CCS) entitled: “AN ORDINANCE OF THE CITY OF SANTA MONICA REQUIRING NEW OR EXPANDED USES ON THE THIRD STREET PROMENADE TO HAVE A PROMENADE FRONTAGE THAT DOES NOT EXCEED 50 LINEAR FEET AND REQUIRING ANY REMAINING PROMENADE FRONTAGE WITHIN THE BUILDING OR SITE TO PROVIDE A MINIMUM DEPTH OF 50 FEET, was presented.

 

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to adopt the ordinance, reading by title only and waiving further reading thereof.  The motion was approved by the following vote:

 

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

NOES:            None

ABSENT:       Councilmember O’Connor

 

USE RIGHT-OF-WAY;VESTIBULES

7-B:     Introduction and first reading of interim ordinance authorizing businesses to place furniture, portable landscaping, and cigarette disposal receptacles within the public right-of-way, and the display of merchandise in private vestibules. 

 

On order of the Mayor, this matter was continued to November 11, 2003.

 

NOISE ORDINANCE

7-C:     Introduction and first reading of an ordinance amending the City’s Noise Ordinance, Chapter 4.12 of the Municipal Code.  (Public Hearing Closed.  Continued from September 9, 2003.)

 

On order of the Mayor, this matter was continued to October 28, 2003.

 

GAME ARCADES

7-D:     Introduction and first reading of an ordinance amending Section 9.04.12.090 of the Municipal Code relating to performance standards for game arcades, was presented.

 

Members of the public Sal Suna, Joanne Gordon, Marlene Gordon and Joe Natoli spoke in support of the ordinance.

 

Members of the public Reina Alvarez and Jerry Rubin spoke in opposition to the ordinance.

 

Motion by Councilmember Genser, seconded by Councilmember Katz, to introduce and hold first reading of the ordinance, amending page 6, Section (g) the phrase relating to bicycle racks to read “rack or racks.”

Motion to amend by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, that as relating to the videotaping of customers in the arcade, that sharing such videotape contents will be for public safety, police use and internal training only.  The motion to amend failed by the following vote:

 

AYES:             Councilmember Feinstein, Mayor Pro Tem McKeown

NOES:            Councilmembers Holbrook, Genser, Katz, Mayor Bloom

ABSENT:       Councilmember O’Connor

 

The main motion, as amended, was approved by the following vote:

 

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

NOES:            Councilmember Feinstein

ABSENT:       Councilmember O’Connor

 

Councilmember Feinstein stated he voted in opposition because although he supports the intent of the ordinance, he believes that Council has unnecessarily violated civil liberties without demonstrating a public benefit.

 

STAFF ITEMS:

 

1751 CLOVERFIELD - OPCC

On order of the Mayor, the regular City Council meeting recessed at 9:45 p.m., and reconvened at 9:55 to a special joint meeting with the Redevelopment Agency with Councilmember O’Connor absent.

 

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY:

 

8-A:     Lease of 1751 Cloverfield Boulevard to Ocean Park Community Center (OPCC) – recommendation that the City Council and the Redevelopment Agency hold a public hearing to review the terms of a 55-year lease of the real property to OPCC; adopt Resolution No. 9895 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE PROPOSED GROUND LEASE AGREEMENT BETWEEN THE AGENCY AND OPCC PROVIDING FOR THE LEASE OF THE REAL PROPERTY AND MAKING CERTAIN FINDINGS,” Resolution No. 485 (RAS) entitled: “A RESOLUTION OF THE REDEVELOPMENT AGENCY APPROVING THE PROPOSED GROUND LEASE AGREEMENT BETWEEN THE AGENCY AND OPCC PROVIDING FOR THE LESE OF THE REAL PROPERTY AND MAKING CERTAIN FINDINGS”: and approve Lease No. 8281 (RAS) between the Redevelopment Agency and OPCC; authorize the City Manager and the Executive Director, respectively, to execute Cooperation Agreement No. 8282 (CCS/RAS) regarding the City’s option to acquire the real property from the Agency; and approve specific loan and grant terms regarding the $7,397,112 in approved housing trust funds, was presented.

Members of the public Clyde Smith spoke in opposition of the recommendation.  Member of the public Susan Fraser spoke in support of the recommendation.

 

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to adopt Resolution No. 9895 (CCS), reading by title only and waiving further reading thereof.  The motion was approved by the following vote:

 

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

NOES:            Councilmembers Holbrook, Katz

ABSENT:       Councilmember O’Connor

 

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to authorize the City Manager to execute the cooperation agreement.  The motion was approved by the following vote:

 

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

NOES:            Councilmembers Holbrook, Katz

ABSENT:       Councilmember O’Connor

 

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to approve specific loan and grant terms.  The motion was approved by the following vote:

 

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

NOES:            Councilmembers Holbrook, Katz

ABSENT:       Councilmember O’Connor

 

ADJOURNMENT OF JOINT MEETING

On order of the Mayor, the special joint meeting adjourned at 10:22 p.m., and the regular meeting of the City Council reconvened with Councilmember O’Connor absent.

 

 PUBLIC HEARINGS:

 

2502 7TH STREET; ABATEMENT COSTS

9-A:     Public hearing to receive protests or objections, and Resolution No. 9896 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF A CODE COMPLIANCE SECTION AND AUTHORIZING A LIEN AND SPECIAL ASSESSMENT OF DANGEROUS BUILDING ABATEMENT COSTS UPON CERTAIN PROPERTY LOCATED AT 2502 7TH STREET, was presented.

 

There was no one present for public comment.

 

Motion by Councilmember Katz, seconded by Councilmember Feinstein, to adopt the resolution, reading by title only and waiving further reading thereof.  The motion was approved by the following vote:

 

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

NOES:            None

ABSENT:       Councilmember O’Connor

 

WRITTEN COMMUNICATIONS:

 

CIVIL SERVICE RULES

12-A:   Request from B.A. Gray to address Council requesting that Section 2.04.720 of the Municipal Code be amended to reflect modern terminology and standards, was presented.

 

On order of the Mayor, the information was received and filed.  No formal action was taken.

 

COUNCIL ITEMS:

 

ANNUAL APPOINTMENTS

13-A:   Annual and special vacancy appointments to the following boards and commissions:

 

On order of the Mayor, appointments to the Commission for the Senior Community were continued to October 14, 2003.

 

On order of the Mayor, appointments to the Personnel Board were continued to October 14, 2003.

 

ARB

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

 

On order of the Mayor, this matter was continued to October 14, 2003.

 

DISABILITIES COMMISSION

13-C:  One annual appointment to the Disabilities Commission for a term ending June 30, 2007.

 

On order of the Mayor, the floor was opened for nominations. 

 

Councilmember Katz nominated Heidi Hutchison Apple.  There being no other nominations, Ms. Apple was appointed by acclamation, with Councilmember O’Connor absent.

 

PUBLIC INPUT:

Member of the public Art Casillas expressed various opinions relating to Police Department policies.

 

ADJOURNMENT: 

On order of the Mayor, the City Council meeting was adjourned at 10:40 p.m..

 

ATTEST:                                                        APPROVED:

 

 

Maria M. Stewart                                           Richard Bloom

City Clerk                                                       Mayor