M-10/22/2002
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 22, 2002
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at
5:55 p.m., on Tuesday, October 22,2002, at City Council Chambers, 1685 Main Street.
Roll Call
Present
Mayor Michael Feinstein
Mayor Pro Tern Kevin McKeown
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:00 p.m.)
Councilmember Herb Katz
Councilmember Pam O'Connor
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 5:55 p.m., with
Councilmember Holbrook absent. Councilmember Bloom 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, Pro Se and Brian Hutchings addressed
comments to Consent Calendar items.
At the request of Council member Katz, Item I-A was removed from the
Consent Calendar.
Motion by Mayor Pro TemMcKeown, seconded by Councilmember
O'Connor, to approve all items on the Consent Calendar as presented except
Item I-A, reading resolutions and ordinances by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES
Councilmembers O'Connor, Bloom, Genser, Katz, Mayor
Pro Tern McKeown, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
I
October 22, 2002
CONSENT CALENDAR:
FLEET MANAGEMENT
SYSTEM
LOCAL SALES AND
USES TAX
I-B: Purchase of Advanced Fleet Management System-
recommendation to authorize the City Manager to negotiate and execute
Agreement No. 8153 (CCS) with Siemens Transportation Systems, Inc., in
the amount of$6,311,245.90, for purchase of the system; and Contract No.
8154 (CCS) in the amount of $939,547, for a five-year maintenance
agreement, was approved.
l-C: Resolution No. 9803 (CCS) entitled: "A RESOLUTION OF tHE
CITY OF SANTA MONICA AMENDING RESOLUTION NO. 9639
(CCS) TO CONFORM TO STATE GUIDELINES REGARDING THE
ADMINISTRATION AND COLLECTION OF LOCAL SALES AND USE
TAXES," was adopted.
FIRE/POLICE DISPATCH I-D: PolicelFire Dispatch furnishings for the Public Safety Facility _
FURNISHINGS recommendation to award a purchase order to Evans Consoles, Inc., in the
amount of $267,315, to furnish, deliver, and install dispatch furnishings in
the new Safety Building, and approve proposed appropriation, was
approved.
PUBLIC SAFETY
FACILITY
PLANNING -
TECHNICAL SERVICES
RECYCLED WATER
RATE
IMPORTED WATER
SUPPLY
l-E: Material testing and inspection services for the Public Safety
Facility construction - recommendation to authorize the City Manager to
negotiate and execute an amendment to Contract No. 7969, with Twinings
Laboratories, in the amount of $40,000, to provide material testing and
inspection services for the Public Safety Building, was approved.
I-F: Provision of various technical services for the Planning
Department - recommendation to authorize the City Manager to negotiate
and execute: an amendment to Contract No. 7742 (CCS) with Bing Yen
and Associates, in the amount of $190,000; an amendment to Contract No.
7740 (CCS) with Esgil Corporation, in the amount of $300,000; and
Contract No. 9155 (CCS) with JAS Pacific, in the amount of $300,000, was
approved.
I-G: Resolution No. 9804 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA ESTABLISHING A RECYCLED WATER
RATE," was adopted.
I-H: Recommendation to authorize the City Manager to execute a
purchase order for provision of imported water supply by the
Metropolitan Water District, was approved.
2
October 22, 2002
RECYCLING PROGRAM I-I: Citywide co-mingled recycling program - recommendation to
expand the existing pilot program of commingled recycling citywide, was
approved.
312-316 SANTA MONICA 1-1: Authorization to open preliminary discussions for possible
BOULEVARD acquisition of real property located at 312-316 Santa Monica
Boulevard, was approved.
HOUSING AND l-K: Resolution No. 9805 (CCS) entitled: "A RESOLUTION OF THE
EMERGENCY SHELTER CITY OF SANTA MONICA ENDORSING PROPOSITION 46
(HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF
2002)," was adopted.
MINUTES
I-A: The minutes of the July 17, July 23, August 6, and August 3
2002, City Council meetings were approved, as presented.
Councilmember Katz advised he moved this item from the Consent Calendar
because he was absent for the August 13th meeting and wanted to abstain
from action taken on those minutes.
Motion by Councilmember O'Connor. seconded by Councilmember Genser,
to approve the minutes as submitted. The motion was approved by voice
vote with Councilmember Katz abstaining on the vote for the August 13,
2002 minutes, Mayor Pro Tern McKeown abstaining on the July 17, 2002
minutes due to his absence from that meeting, and with Councilmember
Holbrook absent.
CLOSED SESSIONS:
On order of the Mayor, the City Council recessed at 6: 10 p.m. to discuss
closed sessions, and returned at 7:05 p.m., to report the following:
Council member Holbrook
arrived at 7:00 p.m.
2-A Conference with Real Property Negotiator.
Property: 312-316 Santa Monica Boulevard
Owner of Record: Serious and Debra Moini
City Negotiator: Mark Richter, Real Estate Manager
Under Negotiation: Acquisition of Real Property
ACTION
Heard. No reportable action taken
2-B: Conference with Legal Counsel - Existing Litigation: U-Liner
West v.Clark Construction, Case No. SC 067 081.
ACTION
Heard No reportable action taken.
3
October 22. 2002
STUDY SESSION:
SPECIAL ITEMS:
ORDINANCES:
FOOD DISTRIBUTION
ON PUBLIC PROPERTY
2-C: Conference with Legal Counsel- Existing Litigation: Jaime Cruz
v. City of Santa Monica, Case No. CV 01-03261
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: Peter BODIes
v. City of Santa Monica, Case No. SC 074 042.
ACTION
Heard. No reportable action taken
2-E: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No. 01CC04331.
ACTION:
Heard. No reportable action taken.
Conference with Legal Counsel- Anticipated Litigation:
Number of cases: Four.
ACTION
Two cases heard. No reportable action taken.
3-A: Main Library Design Update, was presented by staff.
Staff responded to questions from staff Discussion ensued on the information
presented. On order of the Mayor, the information was received and filed.
ACTION
Study session held
4-A: The Mayor presented a commendation to the Santa Monica Little
League Girls Softball team and the Santa Monica Little League Boys
team.
7-A: Second reading and adoption of Ordinance No. 2055 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
SPECIFYING REQUIREMENTS FOR THE DISTRIBUTION OF FOOD ON
PUBLIC PROPERTY," was presented.
Motion by Councilmember Bloom. seconded by Councilmember 0' Connor, to
adopt the ordinance, reading by title only and waiving further reading thereof
The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook
Mayor Pro Tem.McKeown, Mayor Feinstein
None
4
October 22, 2002
Mayor Pro Tern McKeown stated for the record that he voted against the
motion because he does not feel enough time has been taken to assure there
is an alternate available for the legitimate needs of seniors on fixed income and
others who have relied on these charitable food distributions.
Mayor Feinstein stated for the record that he voted in opposition because
although he agrees with the goal of better linking food and other services to
those who need them, he believes this is a dishonest use of the law that will not
be effective, that will be counterproductive, and will lead the community to
false expectations that a problem has been addressed instead of comprehensive
solutions that work for everyone.
SITTING/L YING IN
DOWNTOWN
DOORWAYS
7-B: Second reading and adoption of Ordinance No. 2056 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
PROHIBITING SITTING OR LYING IN DOWNTOWN DOORWAYS
DURING LATE NIGHT AND EARL YMORNING HOURS," was presented.
Motion bv Councilmember Bloom. 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 Holbrook, O'Connor, Bloom, Genser, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein.
None
None
NOES:
ABSENT:
TENANT PROTECTION 7-C: Second reading and adoption of Ordinance No. 2057 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTERS 1 AND 8 OF THE MUNICIPAL CODE,
EXPANDING THE REQUIREMENTS FOR TENANT PROTECTION
DURING CONSTRUCTION, EXP ANDING THE SCOPE OF
ADMINISTRATIVE CITATIONS, AND AMENDING AND EXP ANl!>ING
THE REQUIREMENTS FOR THE PLACEMENT OF UNDERGROUND
UTILITIES," was presented.
Motion by Mayor Pro Tern McKeown. 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 Katz, Genser, Bloom, O'Connor, Holbrook.
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
5
October 22. 2002
PARKING METER FEES 7-D: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 13 RELATING TO VEHICLES DISPLAYING CLEAN AIR
VEHICLE DECALS AND WAIVING OF PARKING METER FEES," was
presented.
STAFF ADMIN. ITEMS:
SPECIAL JOINT
MEETING - 2002-03
BUDGET CHANGES
Members of the public Jerry Rubin and Robert Curtis spoke in support of the
ordinance.
Motion by Mayor Pro Tern 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 Holbrook, O'Connor, Bloom, Genser, Katz:
Mayo~ Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT
SPECIAL JOINT MEETING OF THE CITY COUNCIL. THE
PARKING AUTHORITY AND THE REDEVELOPMENT AGENCY:
8-A: Recommendation to Adopt FY 2001-02 and Fiscal Year 2002-03
Budget Changes, Adopt Resolutions Revising Various Building and
Safety and Planning related Fees, and Establishing New Classifications
and Salary Rates - recommendation to adopt Fiscal Year 2001-02 and Fiscal
Year 2002-03 Budget Changes; adopt Resolution No. 9806 (CCS) entitled:
"A RESOLUTION OF THE CITY OF SANTA MONICA REVISING
VARIOUS PERMIT AND USER FEES RELATED TO DEVELOPMENT
REVIEW, RECORDS, INSPECTION AND GENERAL SERVICE~ IN
ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT, FIRE,
PLANNING AND COMMUNITYDEVELOPMENTDEPARTMENTS1\ND
SETTING NEW USER FEES [N THE COMMUNITY AND CUL ruRAL
SERVICES DEPARTMENT RELATED TO DEVELOPMENT REVIEW
AND ESTABLISHING THE COSTS OF STAFFING FOR CODE
ENFORCEMENT." and adopt Resolution No. 9807 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISIUNG
VARIOUS NEW CLASSIFICATIONS AND SALARY RATES," was
presented.
Members of the public Joey Fullmer and Brian Hutchings expressed various
concerns on the matter.
6
October 22, 2002
ADJOURNMENT OF
SPECIAL JOINT
MEETING
SPECIAL JOINT
MEETING:
MOUNTAIN VIEW
MOBILE HOME PARK
Motion by Councilmember Katz. seconded by Councilmember O'Connor, to
approve staff recommendation related to the budget changes. The motion was
approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
Motion by Councilmember Genser. seconded by Mayor Pro Tern McKeown,
to adopt the resolution setting various salaries and classifications as submitted,
and the resolution setting fees amended to delete the four lines on the bottom
of page E-8 under section "1 O-Code Enforcement" for Discretionary Permit
Monitoring fees, reading by title only and waiving further reading thereof The
motion was approved by the following vote:
AYES
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT
On order of the Mayor, the special joint meeting with the Parking Authority
and the Redevelopment Agency was adjo,,!rned at 10:22 p.m., and the City
Council reconvened to a joint meeting with the Redevelopment Agency.
8-B: Resolutions authorizing an agreement for acquisition of Mountain
View Mobile Home Park - recommendation that the City Council adopt
Resolution No. 9808 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA APPROVING A COOPERATION AGREEMENT,
ACCEPTING GRANT FUNDS; PLACING AFFORD ABILITY
COVENANTS ON THE MOUNTAIN VIEW MOBll.-E HOME PARK, AND
FINDING THAT THE PROJECT IS OF BENEFIT TO THE EARTHQUAKE
RECOVERY PROJECT AREA," and that the Redevelopment Agency adopt
Resolution No. 476 (RAS) entitled: "A RESOLUTION OFIHE
REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA
APPROVING A COOPERATION AGREEMENT, ACCEPTING GI(ANT
FUNDS; PLACING AFFORDABILITY COVENANTS ONIHE
MOUNTAIN VIEW MOBILE HOME PARK, AND FINDING THATiTIffi
PROJECT IS OF BENEFIT TO THE EARTHQUAKE RECOVERY
PROJECT AREA," was presented.
Member of the public Joey Fullmer expressed various concerns.
7
October 22. 2002
ADJOURNMENT OF
SPECIAL JOINT
MEETING
Motion by Mayor Pro Tern McKeown. seconded by Mayor Feinstein, to adopt
resolution, reading by title only and waiving further reading thereof The
motion was approved by the following vote:
AYES
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
On order of the Mayor, the special joint meeting with the Redevelopment
Agency was adjourned at 10:27 p.m., and the City Council reconvened, with
all members present, to its regular meeting.
PARKING TASK FORCE 8-C: Establishment of East-West Commercial Corridor Parking Task
Force and authorization to transmit to Santa Monica City College
alternative parking scenarios and issues to be evaluated in the Madison
Campus Environmental Impact Report, was presented.
Coullcilmember Katz was
excused at 10:28 p.m.
COll11ci/member Katz
returned at 10:45 p.m.
Members of the public Joe Weichman, Chuck Allord, Debie Mahdessian,
Mark Harding, and Candace McGranahan expressed their views regarding
the proposal.
Councilmember Katz requested to be excused from participating in the
Santa Monica College portion of the recommendation due to a conflict of
interest.
Motion by Mayor Feinstein.. seconded by Councilmember Genser, to
transmit to Santa Monica City College alternative parking scenarios and
issues to be evaluated in the Madison Campus Environmental Impact Report
including an above-ground park and below ground parking. The motion
was approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
Motion by Mayor Feinstein. seconded by Councilmember Kat~ to approve
the establishment of a Task Force made up of three (3) Councilmembers and
two (2) Planning Commissioners. The motion was approved by the
following vote:
8
October 22, 2002
PLANNING WORK
PRIORITIES
AYES
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
8-D: Revisions to the Planning and Community Development
Department Work Program Priorities related to preparing Downtown
Design Standards, was presented.
Members of the public Brenda Lehmann, Dan Shendan and Mark Harding
spoke in support of the Auto Dealer Standards.
Motion by Mayor Feinstein. seconded by Councilmember Katz, to defer the
Antenna Ordinance; to keep the Auto Dealer Standards; and direct staff to
return with interim development standards and process for dealing with
unusual topography for Sunset Park and North of Wilshire neighborhoods.
The motion was approved by the following vote:
AYES
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
PUBLIC HEARINGS: 9-A: Public hearing for the formation of Assessment District A on
STREETLIGHT Princeton Street (Montana to Washington Avenues) and District Bon
ASSESSMENT DISTRICT Washington Avenue (Princeton to Harvard Streets) - recommendation
to hold public hearing, receive public comment, close public hearing and
continue to November 12, 2002, to receive certified results on the
assessment election, and take action, was presented.
COUNCIL ITEMS:
LANDMARKS
COMMISSION
There was no one present for the public hearing. On order of the Mayor,
the public hearing was closed, and action on the recommendation was
continued to November 12, 2002.
13-A: Appointment to two special vacancies on the Landmarks
Commission with terms ending June 30, 2004.
On order of the Mayor, the floor was opened for nominations.
Councilmember O'Connor nominated James Rosenfield to the Real Estate
Licensee seat and requested to continue the second vacancy to November
12, 2002.
9
October 22. 2002
COMMISSION ON THE
STA TUS OF WOMEN
PIER RESTORATION
CORPORATION
MODIFICATION OF
HOUSING EXEMPTION
There being no other nominations, Mr. Rosenfield was appointed to one
vacancy and the second vacancy was continued as requested.
13-B: Appointment to one annual vacancy on the Commission on the
Status of Women for a term ending June 30,2006, and to one special
vacancy for a term ending June 30, 2004.
13-C: Appointment to one special vacancy on the Commission on the
Status of Women for a term ending June 30, 2003.
13-D: Appointment to one special vacancy on the Commission on the
Status of Women for a term ending June 30, 2005.
On order of the Mayor, Items 13-B, 13-C, and 13-D to be acted on
concurrently, and the floor was opened for nominations.
Mayor Feinstein nominated Mar Preston to vacancy ending June 30, 2003~
Andrea Lipton to term ending June 30, 2004; Geraldine Starr to term ending
June 30,2005; and Tia Skulski to term ending June 30,2006. There being
no other nominations, the nominees were elected by acclamation, with all
members present.
13-E: Appointment to three annual vacancies on the Pier Restoration
Corporation with terms ending November 14, 2006.
On order of the Mayor, this item was continued to November 12, 2002.
13-F: Request of Councilmember Katz to direct staff to prepare an
ordinance modifying the housing exemption in Ordinance No. 1999
(CCS) that lowered development review thresholds in most commercial
zoning districts to 7,500 square feet of floor area, which currently
exempts housing projects with 25% affordable housing, to instead
include the same housing exemption as it contained in the recently
enacted ordinance lowering the development review t~reshold for
Santa lVlonica's downtown, was presented.
Motion by Councilmember Katz. seconded by Councilmember Holbrook, to
approve request. The request failed by the following vote:
AYES:
NOES'
Councilmembers Holbrook, Katz
Councilmembers O'Connor, Bloom, Genser, Mayor Pro Tern
McKeown,MayorFcin~ein
None
ABSENT
10
October 22, 2002
ACCESSffiILITY
APPEALS BOARD
Councilmember Bloom was
excused at 11:55 p.m.
PROPosmON 47
MTA WEST-CENTRAL
REPRESENTATION
PUBLIC INPUT:
ADJOURNMENT:
13-G: Acceptance of Audrey Parker's letter of resignation from the
Accessibility Appeals Board of the Building and Safety Commission,
and recommendation to authorize the City Clerk to publish the
vacancy, was presented.
Motion by Mayor Feinstein. seconded by Councilmember O'Connor, to
accept the resignation with regrets and approve recommendation. The
motion was unanimously approved by voice vote, with Councilmember
Bloom absent.
13-H: Request of Mayor Feinstein to support Proposition 47, the
Kindergarten-University Public Education Facilities Bond Act of 2002,
which will provide $13 billion in facilities and maintenance bonds for
California's public schools, colleges and universities, was presented.
Motion by Mayor Feinstein, seconded by Councilmember Genser, to
approve request. The motion was unanimously approved by voice vote,
with Councilmember Bloom absent.
13-1: Request of Mayor Feinstein to discuss and take action on the
process for nominating City of Santa Monica representatives to the Los
Angeles County Metropolitan Transportation Authority Sector
Governance Council for the West-Central region, with a target date for
nominations of November 12, 2002, was presented.
Motion by Mayor Feinstein.. seconded by Councilmember Katz, to approve
request. The motion was unanimously approved by voice vote, with
Councilmember Bloom absent.
Members of the public Mary Marlow, Mark Kreher, Andrea Bolding Bitler,
Mark Alan Bitler, Jeff Weinstein, Douglas Cheek and Taylor Kincaid spoke
regarding threshold standards for residential projects.
Members of the public Pro Se, Brian Hutchings, Will B. King and Peter
Benjamin addressed various concerns.
On order of the Mayor, the City Council meeting was adjourned at 12:36
a.m. to November 12, 2002.
. 't~~.~~
. ~ ~
~o.N'
Maria M. Stewart
City Clerk
~:JrOVED' ...~.
/ /~E~ ~r:-/L.~
Michaeltci~l:ein I
Mayor
October 22, 2002