CITY COUNCIL MINUTES
JANUARY 13, 2004
A regular meeting of the Santa Monica City Council was called to
order by Mayor Bloom at 5:50 p.m., on Tuesday, January 13, 2004, 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 7:10 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, the
City Council convened at 5:50 p.m., with Councilmembers Holbrook and O=Connor absent.
City Manager Susan McCarthy 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.
The Mayor advised that Item
1-C will be considered at a later time, when Councilmember Holbrook arrives, at
Councilmember Holbrook=s request.
Member of the public Joey
Fullmer addressed various items on the Consent Calendar. Members of the public Paul Scott and Gordon
McKee spoke in opposition to Item 1-J.
Member of the public Mark Olson spoke in support of Item 1-K.
At the request of the Mayor,
Item 1-J was removed from the Consent Calendar.
Motion by Michael
Feinstein, seconded by Councilmember Katz, to approve all items on the Consent Calendar, except Items 1- C and
1-J, as presented, 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 McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
O=Connor, Holbrook
MINUTES
1-A: The minutes of Special November 21 and regular November
25, 2003, City Council meetings, were approved.
BEACH PEDESTRIAN ACCESS
1-B: Beach Pedestrian Access Repair Project B recommendation to authorize the City Manager to
negotiate and execute Contract No. 8308 (CCS), with PIMA Construction, in the
amount of $414,650, for construction of the project, was approved.
TRANSIT TRAINING
CONSORTIUM
1-D: Membership agreement with the Southern California Regional
Transit Training Consortium B recommendation to authorize the City Manager to
negotiate and execute Membership agreement, Contract No. 8310 (CCS), with the
Southern California Regional Transit Training Consortium for a membership fee
amount not to exceed $6,000, was approved.
SEWER JETTER
1-E: Purchase of one sewer jetter for cleaning of sewers B recommendation to reject other bids and award Bid
No. 2860 to Municipal Maintenance Equipment, in the amount of $176,019.10, to
furnish and deliver one sewer jetter, was approved.
1311 CENTINELA
1-F: The Statement of Official Action for project located at 1311
Centinela Avenue, was approved.
18TH ST. ARTS
CENTER
1-G: Funding contract with 18th Street Arts Center B recommendation to authorize the City Manager to
negotiate and execute Contract No. 8311 (CCS) for funding with the 18th
Street Arts Center for an expansion feasibility study, was approved.
POSSIBLE ACQUISITION OF
PROPERTY
1-H: Authorization to conduct discussions with owners of record of
property located at 430 Colorado Blvd., 1636 5th Street, and 1640 5th
Street, for possible acquisition of property by the City, was approved.
UNDERGROUND STORAGE
1-I: Airport Underground Storage Tank/Big Blue Bus Yard/City
Corporation Yard B recommendation to authorize the City Manager to
negotiate and execute an amendment with ICF Consulting to Contract No. 115 (CD),
in the amount of $18,916,for modification to fueling system at the Airport; and
an amendment to Contract No. 127 (CD), in the amount of $341,370, for
additional environmental assessment and remediation activities at the Big Blue
Bus Yard and at the City Corporate Yard, was approved.
RESOURCE CENTER
1-K: Green Building Resource Center B recommendation to authorize the City Manager to
negotiate and execute Contract No. 8312 (CCS), with Global Green USA, in the
amount of $53,534, with an option to extend, to establish a Resource Center for
the purpose of developing, educating, and supporting a vibrant green building
community, was approved.
Councilmember O=Connor arrived at 6:10 p.m.
VEHICLE DEMONSTRATION
PROJECT
1-J: Hydrogen-Powered Fuel Cell Vehicle Demonstration Project
B recommendation to authorize the City Manager to
negotiate and execute a contract with Southern California Air Quality
Management District (AQMD) and Toyota Motor Sales, USA for a hydrogen-powered
fuel cell vehicle demonstration project, was presented.
The Mayor advised he had
removed this item from the Consent Calendar to ask staff to respond to the
issues raised during public comment.
Staff presented detailed information and answered questions of
Councilmembers regarding cost, efficiency, and hydrogen-related pollution.
Motion by Councilmember
Katz, seconded by , to refer to the
Environmental Task Force to address the concerns voiced by the public and to
conduct any other research necessary.
The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember
Feinstein
ABSENT: Councilmember
Holbrook
Councilmember Feinstein
stated, for the record, that he voted in opposition because the project is
ready to go now and would have voted in favor if the votes had been there.
RECESS
Councilmember Holbrook
arrived at 7:10 p.m.
On order of the Mayor, the
City Council recessed to hear closed sessions at 6:40 p.m., and reconvened at
7:45 p.m., with all members present to continue with Item 1-C.
FLUORIDATION
1-C: Fluoridation and Riviera Reservoir Booster Pump Station
Projects and Supplemental Report -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8309 (CCS), with Kennedy/Jenks Consultants in the amount of
$300,000, for design of the projects, was presented.
The following members of the
public spoke in opposition to the project: Gene Gurke, Jerry Rubin, Will
Marius, Glenn Williams, John Levine, Freida Dubin, Joyce Martino, and Reina
Alvarez.
Members of the public Marsha
Epstein, Tim Collins, Maritza Cabezas, and Steve Tarzjinski spoke in support of
the project.
Motion by Councilmember
Katz, seconded by Councilmember O=Connor, to
approve staff recommendation. The
motion was approved by the following vote:
AYES: Councilmembers O=Connor, Holbrook, Katz, Mayor Bloom
NOES: Councilmembers
Genser, Feinstein, Mayor Pro Tem McKeown
ABSENT: None
Mayor Pro Tem McKeown
stated, for the record, that he voted in opposition because of the construction
of the facility, cost overruns in difficult fiscal times, concerns regarding
water purity, and the safety in dosage issues.
Councilmember Feinstein
stated, for the record, that he voted in opposition because he believes the
design does not guarantee that the City can provide healthy water to the
Community and he is not confident in his role that the Council can fulfill the
responsibility.
Motion by Councilmember
Genser, seconded by Mayor Pro Tem McKeown, to direct staff to look at the technical adjusting of the optimal
levels of fluoridation and consult with the Environmental Task Force with its
research, and return to Council before budget approval, if possible. The motion failed by the following vote:
AYES: Councilmembers Genser, Feinstein,
Mayor Pro Tem McKeown
NOES: Councilmember
O=Connor, Holbrook, Katz, Mayor Bloom
ABSENT: None
CLOSED SESSIONS
On order of the Mayor, the
City Attorney reported the following action taken on closed sessions:
2-A: Conference with Real Estate Negotiator.
Property: 430 Colorado Blvd.
City
Negotiator: Jeff Mathieu
Owners
of Record: Associate
International
Under
negotiation: Possible
acquisition of real estate property.
ACTION: No reportable action taken.
2-B: Conference with Real Estate Negotiator.
Property: 1636 5th Street
City
Negotiator: Jeff Mathieu
Owners
of Record: Jandy LLC
Under
negotiation: Possible
acquisition of real estate property.
ACTION: No reportable action taken.
2-C: Conference with Real Estate Negotiator.
Property: 1640 5th Street
City
Negotiator: Jeff Mathieu
Owners
of Record: Martin H. Waldman,
Trustee of the Waldman Family Trust, et al.
Under
negotiation: Possible
acquisition of real estate property.
ACTION: No reportable action taken.
2-D: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4311.
ACTION: No reportable action taken.
ORDINANCES:
MODIFICATIONS TO
DEVELOPMENT STANDARDS
7-A: Second reading and adoption of Interim Ordinance No. 2106
(CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING
THE MODIFICATIONS TO DEVELOPMENT STANDARDS, USES SUBJECT TO A PERFORMANCE
STANDARDS PERMIT, USES SUBJECT TO A USE PERMIT, PROHIBITED USES AND THE
DEVELOPMENT REVIEW THRESHOLD WITHIN THE C2 NEIGHBORHOOD COMMERCIAL DISTRICT
ALONG MONTANA AVENUE@, was presented.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Katz, 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, Katz, Feinstein, Mayor Pro Tem
McKeown, Mayor Bloom
NOES: Councilmember
Genser
ABSENT: None
ELIMINATING TIME LIMIT OF
LOANS
7-B: Second reading and adoption of Ordinance No. 2107 (CCS)
entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA ELIMINATING
THE TIME LIMIT ON THE ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS FOR THE
DOWNTOWN REDEVELOPMENT PROJECT,@ was presented.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Katz, 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
REDEVELOPMENT PLAN
PROJECTS
7-C: Second reading and adoption Ordinance No. 2108 (CCS)
entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE
REDEVELOPMENT PLAN FOR THE EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT TO EXTEND
CERTAIN TIME LIMITS,@ Ordinance No. 2109 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE
REDEVELOPMENT PLAN FOR THE
DOWNTOWN REDEVELOPMENT
PROJECT TO EXTEND CERTAIN TIME LIMITS,@ Ordinance No. 2110 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE
REDEVELOPMENT PLAN FOR THE OCEAN PARK 1A REDEVELOPMENT PROJECT TO EXTEND
CERTAIN TIME LIMITS,@ and Ordinance No. 2111 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE
REDEVELOPMENT PLAN FOR THE OCEAN PARK 1B
REDEVELOPMENT PROJECT TO
EXTEND CERTAIN TIME LIMITS,@ was
presented.
Motion by Councilmember
Katz, seconded by Councilmember O=Connor, to
adopt the four ordinances, 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
PUBLIC RIGHT-OF-WAY
7-D: Introduction and first reading of interim ordinance extending
the initial 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, was
presented.
Members of the public Gary
Gordon and Joe Pipersky spoke generally in favor of the ordinance, but
expressed concerns with parts of the proposal and made suggestions for changes.
Member of the public Jerry
Rubin spoke in favor of the ordinance.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Feinstein, to introduce ordinance, reading by title only and waiving further
reading thereof, amended on page 5, subsection (d)(1), to read AA single outdoor
display of merchandise entirely within the covered vestibule area, arcade,
or colonnade of a retail establishment provided that the display does
not exceed 60 inches in height, 36 inches in width and 36 inches in depth or 42
inches in height by 48 inches wide by 36 inches in depth and is removed from
the vestibule area, arcade, or colonnade when the business is closed.@
Motion to amend by Councilmember Genser, to prohibit
garment racks. The motion was accepted
as friendly by the maker and seconder.
The motion, as amended, 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:
WATER EFFICIENCY LOAN
FUND
8-A: Water Efficiency Revolving Loan Fund B recommendation to approve modification of the Water
Efficiency Revolving Loan Fund to the
Water Efficiency Competitive
Grant Program to fund exterior water efficiency projects on private and public
properties, was presented.
There was no one present for
public comment.
Motion by Councilmember
Feinstein, seconded by Mayor Pro Tem McKeown, to approve staff recommendation, with the understanding that the
criteria to quality for the grant program will return to Council for
approval. 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
GREEN BUILDING GRANT
PROGRAM
8-B: Santa Monica Green Building Grant Program B recommendation to approve the establishment of a
Green Building Grant Program designed to promote construction of Leadership
in Energy and Environmental Design (LEED) rated commercial, multi-family,
and mixed use buildings in Santa Monica; and establishment of an Innovative Technology
Grant Program to promote the use of innovative energy efficiency, distributed
generation, and stormwater technologies in new and existing buildings, was
presented.
There was no one present for
public comment.
Motion by Mayor Bloom,
seconded by Councilmember Katz, to
approve staff recommendation, and directing staff to return with an amendment
to the program to include single family residences as soon as the LEED program
allows it, and with criteria for approval for the Innovative Technology Grant
Program. The motion was approved by the
following vote:
AYES: Councilmembers O=Connor, Genser, Katz, Feinstein, Mayor Pro Tem
McKeown, Mayor Bloom
NOES: Councilmember
Holbrook
ABSENT: None
WRITTEN COMMUNICATIONS:
12-A: Request of Stephen Meadows to address City Council requesting
relocation of certain Sorrento Beach volleyball nets because they are too close
to the residents of Palisades Beach Road, was presented.
There was no one present for
public comment.
Motion by Councilmember
Genser, seconded by Councilmember Katz,
to direct staff to pursue relocation of the courts.
Discussion ensued about the
practicality of other locations given the pattern of the wind and sheltering of
the area. Councilmember Katz
subsequently withdrew his second from the motion.
Motion by Councilmember
Genser, seconded by Councilmember Katz,
to direct staff to look at the technical, physical, operational, and
quantitative issues in relocating the courts southward in front of the parking
lot. The motion was approved by voice
vote with Councilmember O=Connor voting in opposition, and with all members
present.
COUNCIL ITEMS:
PLANNING COMMISSION
13-A: Appointment to one special vacancy on the Planning Commission
for a term ending June 30, 2004.
On order of the Mayor, the
floor was opened for nominations.
Councilmember O=Connor nominated
Gwynne Pugh. Councilmember Genser
nominated Bob Seldon. Mr. Pugh was
appointed by the following vote:
Gwynne Pugh: Councilmembers
Feinstein, Katz, Holbrook O=Connor
Bob Seldon: Councilmember
Genser, Mayor Pro Tem McKeown, Mayor Bloom
Councilmember Genser, Mayor
Pro Tem McKeown, and Mayor Bloom requested to change their votes for Mr. Pugh,
thereby appointing him by acclamation with all members present.
PERSONNEL BOARD
13-B: Appointment to one annual vacancy on the Personnel Board for a
term ending June 30, 2008, and one special vacancy for a term ending June 30,
2006.
On order of the Mayor, this
matter was continued to January 27, 2004.
GLOBAL OLIVE WREATH
PROGRAM
13-C: Request of Councilmember Feinstein for Santa Monica to
participate in the Global Olive Wreath program in preparation for the Athens
2004 Olympics, was presented.
Motion by Councilmember
Feinstein, seconded by Councilmember Genser, to direct staff to analyze the issues involved, and if it is doable,
to proceed with the direction. The
motion was unanimously approved by voice vote, with all members present.
LANDMARKS COMMISSION
13-D: Appointment to one special vacancy on the Landmarks Commission
for a term ending June 30, 2004.
On order of the Mayor, this
matter was continued to January 27, 2004.
RESIGNATION
13-E: Acceptance of Anthony Pullara=s letter of resignation from the Social Services
Commission, and authorization for City Clerk to publish vacancy, was presented.
Motion by Mayor Bloom,
seconded by Councilmember Genser, to
accept letter with regrets, and authorizing the City Clerk to publish the
vacancy. The motion was unanimously approved
by voice vote, with all members present.
CLARIFY POLICY
13-F: Request of Councilmember Genser that the
Council discuss and clarify its policy regarding the placement of Councilmember
items ("13-items") on its meeting agendas, was presented.
Motion by Councilmember O=Connor, seconded by Councilmember Genser, to clarify Council rules so that 13- items placed
on the agenda by Councilmember may not be automatically combined with other
items on the agenda; however, the requesting Councilmember, may request that
the phrase Amay be considered with Item ____@ be included with his/her item on the agenda and the
matter will be subject to a vote of the Council during the Council meeting, and
that staff have the authority to combine staff items as deemed necessary.
The motion was approved by
voice vote with Councilmember Feinstein and Mayor Bloom voting in opposition,
and with all members present.
DONATION TO SANTA MONICA
HIGH
Mayor Pro Tem McKeown was
excused at 11:07 p.m.
13-G: Request of Councilmember Genser that the Council make a donation
on behalf of the City to Santa Monica High School to support the Symphony
Orchestra's performances in Vienna, Prague and Brno in April, 2004, was
presented.
Mayor Pro Tem McKeown
recused himself from this matter because of a conflict of interest due to his
employment relationship with the School District.
Members of the public
Alexandria Taylor and Erin Rowan spoke in support of the request.
Motion by Councilmember
Genser, seconded by Councilmember Katz,
to approve $25,000 in contingency funds if available, and supplementing the
amount from the Council=s Travel Budget if needed. The motion was approved by the following vote:
AYES: Councilmembers Feinstein, Katz, Genser,
O=Connor, Mayor Bloom
NOES: None
ABSTAIN: Councilmember
Holbrook
ABSENT: Mayor
Pro Tem McKeown
RESIGNATION
13-H: Acceptance of Joe Weichman=s letter of resignation from the Recreation and Parks
Commission, and authorization for City Clerk to publish vacancy, was presented.
Motion by Councilmember
Feinstein, seconded by Councilmember O=Connor, to
accept letter and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice
vote, with Mayor Pro Tem McKeown absent.
HOUSING TAX CREDITS
Mayor Pro Tem McKeown
returned at 11:15 p.m.
13-I: Request of Mayor Pro Tem McKeown that the Council authorize
communication to the State of California Tax Credit Allocation Committee
suggesting regulatory amendments to assure that the City of Santa Monica gets
its fair share of affordable housing tax credits, was presented.
Mayor Pro Tem McKeown,
seconded by Councilmember Genser, to
approve the request. The motion was
unanimously approved by voice vote, with all members present.
Councilmember Feinstein
was excused at 11:20 p.m.
Councilmember Feinstein
returned at 11:25 p.m.
RESIGNATION
13-J: Acceptance of Victor Ludwig=s letter of resignation from the Commission for the
Senior Community, and authorization for City Clerk to publish vacancy, was presented.
Motion By Mayor Bloom,
seconded by Councilmember O=Connor, to
accept the letter and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by
voice vote, with Councilmember Feinstein absent.
CONTINUED CLOSED SESSIONS
On order of the Mayor, the
City Council recessed at 11:29 p.m., to consider closed sessions and reconvened
at 12:10 a.m., with Councilmember Feinstein absent, to report the following:
2-E: Conference with Legal Counsel B Existing Litigation: Russell Barnard v. City of Santa Monica, Case No. BC 281
367.
ACTION: No reportable action taken.
2-F: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. David Levy, Case No. 2nd Civ.
B157587.
ACTION: Not heard.
2-G: Conference with Legal Counsel B Existing Litigation: AB Cellular LA, LLC v. City of Santa Monica, Case No. USDC
03-9129 DSF (MANx).
ACTION: No reportable action taken.
2-H: Conference with Legal Counsel B Existing Litigation: Pendragon North American Automotive, Inc. v. City of Santa
Monica, Case No. SS 012 287.
ACTION: Not heard.
2-I: Conference with Legal Counsel B Existing Litigation: Helen Butler v. City of Santa Monica, Case No. SC 070 958.
Motion by Councilmember
Holbrook, seconded by Councilmember Katz, to approve settlement of $20,000.
The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser,
Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Feinstein
2-J: 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-K: Conference with Legal Counsel B Anticipated Litigation.
Number
of cases: Six.
ACTION: Not heard.
2-L: Public Employee Evaluations.
Title
of Employees: City Attorney
Director of Records & Election Services
ACTION: Not heard.
2-M: Conference with Legal Counsel B Existing Litigation: Los Angeles SMSA, a limited partnership, dba Verizon Wireless
v. City of Santa Monica, Case No. SC 079 139.
ACTION: No reportable action taken.
PUBLIC INPUT:
There was no one present for
public input.
ADJOURNMENT:
On order of the Mayor, the
City Council meeting was adjourned at 12:15 a.m., to January 20, 2004, in
memory of Phil Kaufman, Joan Lundstein, and Jose Nieto.
ATTEST: APPROVED:
Maria
M. Stewart Richard
Bloom
City
Clerk Mayor