M-10/14/2003
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 Tern 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
CONVENEIPLEDGE On order ofthe Mayor Pro Tern, the City Council convened at 5:50 p.m.,
with Mayor Bloom and Council members 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 I-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 I-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 Tern
Bloom
None
Councilmembers Holbrook, O'Connor, Mayor Bloom
NOES:
ABSENT
August 26, 2003
MINUTES
OBSOLETE FIRE
DEPARTMENT
EQUIPMENT
HOMELAND SECURITY
GRANT FUNDS
CHILD CARE TASK
FORCE
VIRGINIA A VENUE
PARK
RECESS
Council member 0 'Connor
arrived at 6:10 p.m.
I-A: The minutes of the June 17,24, and July 8,2003, City Council
meetings were approved as submitted.
l-C: Donation of obsolete used Fire Department equipment and
clothing - recommendation to approve the donation of Fire Department
equipment and clothing to the EI Camino Community College Fire
Academy, was approved
I-D: Acceptance of Homeland Security Grant funds -
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.
l-E: Santa Monica Child Care and Early Education Task Force -
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.
I-B: Virginia Avenue Park Construction Project - 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 Councilmernber Katz. seconded by Councilmernber 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 Tern
McKeown
None
Councilmembers Holbrook, O'Connor, Mayor Bloom
NOES:
ABSENT
On order of the Mayor Pro Tern, the City Council recessed at 6: lOp. m., to
hear closed sessions. On order of the Mayor, the regular meeting
reconvened at 7: lOp. rn., with all members present.
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August 26, 2003
Mayor Bloom arrived
at 6:15 p.m.
Councilmember Holbrook
arrived at 6:59 p.m.
HOMELAND SECURITY
GRANT FUNDS
CLOSED SESSIONS:
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.
1-D: Acceptance of Homeland Security Grant funds -
recommendation to accept a total of$418,028.60 in grant funds to enhance
local homeland security efforts and approve proposed budget adjustments,
was presented. .
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 Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT
On order of the Mayor, the following actions were taken regarding closed
seSSIOns: .
2-A: Conference with Legal Counsel- Existing Litigation: Santa
Monica HSa. Limited v. City of Santa Monica, Case No. BS 083 977.
ACTION
Heard. No reportable action taken.
2-B: Conference with Legal Counsel - 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- Existing Litigation: Citv of
Santa Monica v. California Coastal Commission, Case No. SS 011 647.
ACTION
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: Citv of
Santa Monica v. Shell Oil Co., Case No. OlCC4331.
ACTION:
Not heard
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August 26, 2003
2-E: Conference with Legal Counsel - 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
Council members Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
2,..F: Conference with Legal Counsel 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 Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT
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
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August 26, 2003
outcome of that litigation. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT
There was no reportable action taken on the third case.
ADMIN. PROCEEDINGS: 6-A: Appeal of Landmarks Commission Decision designating 128
128 HOLLISTER Hollister Avenue as a City Landmark- recommendation to uphold the
decision of the Landmarks Commission to designate the Foursquare
Councilmember Genser was residential structure located at 128 Hollister Avenue as a City Landmark
excused at 7:18 p.m. based on the proposed findings. Applicant: City of Santa Monica
Landmarks Commission. Appellant: Rosario Peny.
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 Peny, representing the appellant, spoke in support of the appeal.
Members of the public Marshall Siskin, Ruthann Lehrer, Nina Fresco, Rogel
Genser, Tom Cleys, and B. Nemlaha spoke in opposition of the appeal.
Mr. Peny provided a rebuttal to public comment.
Motion by Mayor Pro Tern 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 Tern
McKeown, Mayor Bloom
None
Councilmember Holbrook
Councilmember Genser
NOES:
ABSTAIN
ABSENT:
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August 26, 2003
ORDINANCES:
RESIDENTIAL/EDUCA-
TIONAL FACILITY FOR
YOUNG ADULTS
Council member Genser
returned at 8:15 p.m.
PLACEMENT OF
OBJECTS IN PUBLIC
PARKS
STAFF ITEMS:
RECYCLING AND
TRANSFER FACILITY
7 A: Introduction and first reading of an ordinance to add Section
9. 4.02.030.718 to the Municipal Code to establish a zoning ordinance
d finition for a Supervised Residential and Educational Facility for
y ung adults emancipated from foster care and to add Section
9. 4.08.02.050(b) to allow the use in the R-l Single Family Residential
D strict subject to a Conditional Use Permit, was presented.
~mbers of the public Timi Hallem, Barbara Flammang, Jerry Rubin and
S"lly Young spoke in support of the proposed ordinance.
M tion b Council member Katz seconded b Councilmember O'Connor, to
in oduce ordinance, reading by title only and waiving further reading
th reof The motion was approved by the fqllowing vote:
A1'ES:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
Nelms:
AIJSENT
7-~: Introduction and first reading of an ordinance amending the
M nicipal Code Section 4.55.060 regarding the placement of objectr
pu lic parks, was presented.
Mqmber of the public Jerry Rubin expressed various concerns regarding the
pr9posal.
M tion b Ma or Pro Tern McKeo seconded b Councilmember Genser,
to' troduce the ordinance, reading by title only and waiving further reading
the eof The motion was approved by the following vote:
A'1ES
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NQES:
ABSENT
8-: Conceptual approval for construction of new City Recycling and
Tr nsfer Facility and reject proposal to contract with private disposal
se ice - recommendation to approve the conceptual plan for a new
rec cling and transfer facility to be built at the City's Corporate Yard and
aut orize staff to proceed with design development required for commence-
me t of environmental review of the proposed project, was presented.
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August 26, 2003
CORPORATION YARD
EXPANSION
Council members Holbrook
and Katz were excused at
12:20 a.m.
Members of the public A1 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, Jeny Rubin, Ken Ward and Mike
Hammer spoke in support of the proposal.
Discussion ensued regarding the merits of the proposal, including cost, shor
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 Tern McKeown, Mayor Bloom
None
None
NOES:
ABSEN
8-B: Corporation Yard Expansion Project - 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: lS_C: Civic Center Parking Structure Community Meeting Room -
COMMUNITY MEETIN recommendation that Council direct the placement of a partially isolated
ROOM community meeting room at the street level of the proposed Civic Center
Parking Structure, was presented.
WRITTEN
COMMUNICATIONS:
PARKING
On order of the Mayor, this matter was continued to a future meeting with a
full City Council. .
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 20th Street, and 1720 Broadway, was
I presented.
7
August 26, 2003
POLICE DEPARTMENT
Mayor Bloom was
excused at 12: 3 0 a. m.
COUNCIL ITEMS:
ARB
DISABILITIES
COMMISSION
RESIGNATIONS
Motion by Mayor Bloom. seconded by Councilmember Feinstein, to diff
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.
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
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 Tern, this matter was continued to September 9.
2003.
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 Tern, this matter was continued to September 9.
2003.
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 bv Mayor Pro Tern 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.
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August 26, 2003
PUBLIC INPUT:
ADJOURNMENT:
Members of the public Joe Paolucci, Bill Dyer and David relayed various
concerns to the City Council.
On order of the Mayor Pro Tern, the City Council meeting was adjourned al
12:44 a.m. to in memory of Vivien Evans.
~ ATT~.
~,.~~~w}
Maria M. Stewart
City Clerk
9
APPROVED:
'f2--\iL
Richard Bloom
Mayor
August 26, 2003