M-10/14/2003 (2)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 14, 2003
A regular meeting oftJ1e Santa Monica City Council was called to order by Mayor Pro Tern
McKeown at 6:14 p.ml on Tuesday, October 14,2003, at City Council Chambers, 1685 Main
Street. III
Ro II Call:
Present:.
Mayor Richard Bloom (arrived at 7:03 p.m.)
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:05 pm.)
Councilmember Herb Katz
Councilmember Pam O'Connor (arrived at 7:15 p.m.)
Also Pr~sent: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
III
CONVENEIPLEDGFl: On order ofthe Mayor Pro Tern, 1the City Council convened at 6:14 p.m.,
with Councilmembers O'Connor, Holbrook and Mayor Bloom absent. Fire
Chief Jim Hone led the assemblage in the Pledge of Allegiance.
CONSENT CALEN.q;AR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Member ofthe public Joey Fullme:r expressed various concerns.
At the request ofCouncilmember Genser, Items I-F and I-I were removed
from the Consent Calendar. At the request ofCouncilmember Katz, Items
I-B and l-E were removed from the Consent Calendar.
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
approve all items on the Consent Calendar as presented except Items I-B,
I-F and I-I, reading resolutions and ordinances by title only and waiving
further reading thereof. The motion was approved by the following vote:
1
October 14, 2003
MINUTES
MICROCOMPUTERs
WATER EFFICIENCY
PROGRAM
EMT INTERNSHIPS
PROMENADE USES
TASKFORCE
WINTER DISPLAYS
A. YES.
Councilmembers Genser, Katz, Feinstein, Mayor Pro Tem
McKeown
None
Councilmembers Holbrook, O'Connor, Mayor Bloom
NOES:
ABSEN
I-A: The minutes of the August 26, 2003,ity Council meeting, were
approved as submitted.
l-C: Purchase of microcomputers - recommendation to authorize the
City Manager to negotiate and execute Contract No. 8284 (CCS) with
Gateway Companies, Inc., not to exceed $1,807,560, to provide, install and
maintain microcomputers for four years, with four additional one-year
renewal options, was approved.
I-D: Resolution No. 9897 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO ENTER INTO A GRANT CONTRACT WITH THE STATE OF
CALIFORNIA AND CERTIFY GRANT INVOICES FOR THE
COMPREHENSIVE MEDICAL FACILITY TURN-KEY WATER
EFFICIENCY PROGRAM," was adopted.
I-G: EMT -Paramedic internships - recommendation to authorize the
City Manager to negotiate and execute Contract No. 8285 (CCS) with
Northern California Training Institute to provide internship opportunities for
EMT -Paramedic students attending the Northern California Training
Institute, was approved.
I-H: Provision of consulting se:rvices to the Promenade Uses Task
Force - recommendation to approve a modification to Agreement No. 8286
(CCS) with Project for Public Spaces, in the amount of$3,900, for
additional services required, was approved.
I-J: Resolution No. 9898 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA SPECIFYING THE LOCATION.
AVAILABLE FOR WINTER INSTALLATIONS OR DISPLAYS IN
PALISADES PARK.," was adopted.
2
)ctober 14, 2003
DEMONSTRATION
GARDEN
I-B: Ashland Walk Demonstration Garden - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8283
(CCS) with Melendrez Design Partners, in the amount of$72,600, to
perform outreach, planning, designer selection and evaluation services for
the Ashland Walk Demonstration Garden, was presented.
Councilmember Katz advised he removed this item because he had questions
regarding the cost. Staff responded to Councilmember Katz' questions.
Motion by Councilmember Katz. seconded by Councilmember Genser, to
approve staff recommendation. 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:
ABSEN
REMAINING CONSENT On order ofthe Mayor Pro Tern, Items I-E, 1-F and 1-1 to be considered
CALENDAR ITEMS after Closed Sessions, when all Councilmembers are present, in order to
have a quorum for the vote.
JOINT MEETING WITH On order of the Mayor Pro Tern, the regular City Council meeting recessed
THE REDEVELOPMENT to a joint meeting with the Redevelopment Agency at 6:33 p.m., with
AGENCY ,Councilmembers O'Connor and Holbrook, and Mayor Bloom absent.
PARKING STRUCTURE 8
1-K: Seismic Retrofit of Parking Structure 8 - recommendation that
the City Council and the Redevelopment Agency approve an amendment to
Contract No. 8080 (CCS) with Black & Veatch, Inc., in the amount of
$97,725, to cover additional construction management costs for the seismic
retrofit of Parking Structure 8, was presented.
There was no one present for public comment
Motion by Councilmember Genser, seconded by Cotmcilmember Feinstein,
to approve staff recommendation. 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:
October 4. 2003
ADJOURNMENT OIF
SPECIAL MEETIN~
CLOSED SESSION&,:
Mayor Bloom arrived ut
7:03 p.m.
On order of the Mayor Pro Tem, the special joint meeting was adjourned at
6:34 p.m., and the regular City Council meeting reconvened and recessed to
hear closed sessions.
On order of the Mayor, the City Council reconvened at 7:40 p.m., with all
members present to report the following action taken on closed sessions:
2-A: Conference with Legal Counsel- Existing Litigation: Russell
Barnard v. City of Santa Monka, Case No. BC 281 367.
Councilmember Holbrbok
arrived at 7:05 p.m. ACTION:
Councilmember 0 'Co~nor
arrived at 7: 15 p. m. III
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
Not heard.
2-C: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No. 01CC4331.
Motion by Mayor Pro Tern McKeown.. seconded by Councilmember Katz,
to approve Contract No. 8287 (CCS) in settlement of$4.5 million payable
to the City from Ultramar, Inc. 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:
2-D: Conference with Legal Counsel- Existing Litigation: Santa
Monica Food Not Bombs v. City of Santa Monica, 9th Circuit Court of
Appeal Case No. 0356621.
ACTION
Heard. No reportable action taken.
2-E: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. David Levy. et aI., Case No. B157587.
ACTION
Heard. No reportable action taken.
4
October 14, 2003
RETURN TO CONS~
CALENDAR ITEMS:I
2800 LINCOLN
Councilmember Katz was
excused at 7:43 p.m.
1128 HOLLISTER
Councilmember Katz
returned at 7:44 p. m.
2-F: Conference with Legal Counsel- Existing Litigation: Randall
Martinez v. City of Santa Moni<<:a, Case No. SC 064 466.
ACTION:
Heard. No reportable action taken.
2-G: Conference with Legal Counsel- Anticipated Litigation:
Number of cases: Six.
ACTION
heard.
One case heard, no reportable action taken. Five cases not
On order of the Mayor, the City Council returned to the remaining Consent
Calendar items.
1-E: Approval of Statement of Official Action on appeal regarding
existing car wash operation at 2~~OO Lincoln Boulevard, was presented.
Councilmember Katz advised he had a conflict of interest in this matter and
requested to be excused.
Motion bv Councilmember Feinstein. seconded bv Councilmember Genser,
to approve Statement of Official Action. The motion was approved by the
following vote:
AYES
Councilmembers Feinstein, Genser, Holbrook, O'Connor,
Mayor Pro Tern Mc:Keown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT
1-F: Approval of Statement of Official Action on appeal of
Landmarks Designation ofprop.~rty located at 128 Hollister Avenue,
was presented.
Councilmember Genser advised he had a conflict of interest in this matter
Councilmember Genserwas and requested to be excused.
excused at 7:44 p. m.
Motion by Councilmember Feinstein.. seconded by Councilmember
O'Connor, to approve Statement of Official Action. The motion was
approved by the following vote:
5
October 14,2003
VACATION OF
PROPERTY
Councilmember Genser
returned at 7: 45 p. m.
ADMINISTRATIVE
PROCEEDINGS:
CIVIC CENTER
PARKING STRUCTURE
AYES
Councilmembers f'einstein, Katz, O'Connor, Mayor Pro Tem
McKeown, Mayor Bloom
None
Councilmember Holbrook
Councilmember Genser
NOES:
ABSTAIN
ABSENT:
I-I: Recommendation to set a public hearing for November 11, 2003,
to vacate a portion of First Court from Vicente Terrace to
approximately 200 feet northerly, was presented.
Councilmember Genser advised he removed this item for discussion as he
had concerns regarding the impact of this action on the Civic Center Plan
and the Rand Development project.
Staff answered questions of Councilmembers and provided additional
information. Discussion ensued as to the particulars ofthe proposed
vacation of property.
Based on the discussion, on order of the Mayor, no formal action was taken
on this item. Staff was directed to provide an information report to Council
on issues discussed.
6-A: Amendment of Statement of Overriding Consideration and
Development Review Permit for the Civic Center Parking Structure to
remove the requirement to provide a community meeting room and
adoption Resolution No. 9899 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY
TO APPROVE THE CIVIC CENTER PARKING STRUCTURE
PROJECT, ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND ADOPTING A MITIGATION
MONITORING PLAN," was presented.
Member of the public Jerry Rubin spoke in support of providing a
community room for residents.
Motion by Councilmember Holbrook. seconded by Councilmember
O'Connor, to adopt Resolution No. 9899 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the following
vote:
6
October 14, 2003
ORDINANCES:
GAME ARCADES
THIRD STREET
PROMENADE USES
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor PrO' Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
Motion by Councilmember O'Comlor. seconded by Councilmember Katz, to
approve the development Review Permit amending the conditions of
approval. 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'
7-A: Second reading and adoption of Ordinance No. 2097 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING SECTION 9.04. 12.090'OF THE MUNICIPAL CODE
RELATING TO PERFORMANCE STANDARDS FOR GAME
ARCADES," was presented.
Motion by Councilmember Katz. seconded by Mayor Pro Tern McKeown,
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, Holbrook, O'Connor, Mayor
Pro Tern McKeown, Mayor Bloom
Councilmember Feinstein
None
NOES:
ABSENT
Councilmember Feinstein stated, for the record, that he voted against the
motion because although he supports the performance standards, the action
(videotaping in the arcade and the availability of the tapes) have
unnecessarily restricted civil liberties without a demonstrable public benefit.
7-B: Introduction and first reading of an interim ordinance
extending an initial interim ordinance limiting the frontage of new or
expanded uses on the Third Stre.~t Promenade to no more than 50
linear feet, was presented.
There was no one present for public comment
7
October 14, 2003
DWELLING UNIT
DENSITY
MOTORIZED MODJjtL
VEHICLES
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
introduce and hold first reading of the ordinance, reading by title only and
waiving further reading thereof, and amending page 6, section (1) to read:
"The proposed use is a theater, cinema, museum, or cultural facility use. . .'
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:
7-C: Introduction and first re:ading of an interim ordinance
modifying sections of the Munidpal Code related to using one-half of
the alley to calculate dwelling unit density and measure rear yard
setbacks from the center of adjacent alleys in all districts except Rl and
OPl Single-Family Districts, was presented.
Member of the public Joey Fulhner expressed various con~erns. Members
of the public Michael Braun and Joanne Kootsikas spoke in support of an
exemption to existing projects.
Discussion ensued as to the requests made during public comment and the
effects of the ordinance should it be implemented. After discussion, no
formal action was taken.
On order of the Mayor, the information was received and filed.
7-D: Introduction and first reading of an ordinance amending
Section 4.08.190 of the Municipal Code to prohibit the operation of
motorized model vehicles in bea4i:h parking lots, was presented.
There was no one present for public comment.
Motion bv Councilmember Feinstein. seconded by Councilmember Genser,
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 Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
8
October 14, 2003
STAFF ITEMS:
AIRPORT PARK
PROJECT
8-A: Design Plans and certific~,tion of Final Environmental Impact
Report (EIR) for Airport Park P'roject - "recommendation to approve the
design plans for the project, adopt Resolution No. 9900 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE
FINAL EIR," and adopt Resolution No. 9901 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA APPROVING A
STATEMENT OF OVERRIDING CONSIDERATIONS AND
MITIGATION MONITORING PROGRAM," was presented.
The following members of the public spoke in support of the
recommendation: Frank Schwengel, Steve Mount, Sean Butler, Allen
Michel, Celeste Rodriguez, Jennifer Wolch, Karen Blooks, Maryanne
LaGuardia, Harry Roussos, Jerry Rubin, and Tom Pontin.
Members of the public George Kometoni, Bob Fitzpatrick, Linda Sullivan
and Judi Barker expressed general support for the project and expressed
concerns regarding potential parking problems.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to adopt Resolution No. 9900 (CCS) 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 Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
Motion by Councilmember Katz.. S(~conded by Councilmember O'Connor, to
adopt Resolution No. 9901 (CCS), reading by title and waiving further
reading thereof. 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
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to approve the Design Plans for the: Airport Project. The motion was
approved by the following vote:
9
October 14, 2003
PUBLIC BEARINGS:
<\. YES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSEN'
Motion by Mayor Bloom. seconded by Councilmember Genser, to direct
staff to return with information regarding the possibility of using artificial
turf on the soccer field at the Airport Park, in a fashion that allows for the
application of any funding available. T-he motion was approved by the
following vote:
AYES
Councilmembers O'Connor, Holbrook, Genser, Katz, Mayor
Pro Tern McKeown, Mayor Bloom
Councilmember Feinstein
None
NOES:
ABSEN'
Councilmember Feinstein advised he voted in opposition of the motion not
because he does not support an increase in field capability, but because he
believes that having artificial turf is against the sustainability approach for
the planet.
Motion by Councilmember Genser. seconded by Councilmember Katz, to
direct staff to return with information on incorporating the Arts Component
and on the most appropriate ground materials for the dog parks. The
motion was unanimously approved by voice vote, with all members present.
9-A: Public Bearing to confirm assessment costs for the installation
of streetlights on Dewey, Robson and Marine Streets - recommendation
to hold a public hearing, receive public comment, and adopt Resolution No.
9902 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA APPROVING ASSESSMENT DIAGRAM AND
CONFIRMING ASSESSMENT COSTS FOR STREETLIGHTING ON
VARIOUS STREETS IN THE CITY," was presented.
Member of the public John Reynolds spoke in support of the project, but
asked for relief of the cost imposed as he will be moving from the property
in a short period oftime. Member of the public Stephen Naftali questioned
the outcome ofthe residents' vote for the assessment and expressed
concerns regarding the burdensomeness of the cost of the project.
10
October 14. 2003
WRITTEN
COMMUNICA TIONf;.
COUNCIL ITEMS: :
SENIOR COMMUNIty
COMMISSION
PERSONNEL BOARD
Motion by Councilmember Genser. seconded by Councilmember Katz, to
accept public comment, and adopt resolution, 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
None
None
NOES:
ABSENT:
12-A: Request from Don Maste:rson to address Council regarding
matters dealing with the Police nepartment.
Mr. Masterson not being present, and on order of the Mayor, the
information was received and filed.
13-A: Annual and special vacancy appointments to the following
boards and commissions:
Commission for the Senior Community:
On order of the Mayor, the floor was opened for nominations.
Mayor Bloom nominated Victor Ludwig for a term ending June 30, 2007.
There being no other nominations, Mr. Ludwig was appointed by
acclamation, with all members present.
Mayor Bloom nominated Morton Gantman for a term ending June 30, 2007.
There being no other nominations, Mr. Gantman was appointed by
acclamation, with all members present.
On order of the Mayor, the special vacancy with a term ending June 30,
2006, was continued to October 28,2003.
Mayor Bloom nominated Rosemary Regalbuto for a third term as an
Emeritus member. Ms. Regalbuto was appointed by acclamation for a term
ending June 30,2005, with all members present.
On order ofthe Mayor, appointments to the Personnel Board were
continued to October 28,2003.
1
October 14, 2003
ARB
LANDMARKS
COMMISSION
RECREATION AND
PARKS
PLANNING
COMMISSION
HIRING LOCAL
WORKERSIYOUTH
13-B: Appointment to one annual vacaD(~y on the Architectural
Review Board for a term ending June 30, 2007.
On order of the Mayor, this matter was continued to October 28,2003
13-C: Appointment to one special vacancy on the Landmarks
Commission for a term ending June 30, 2006.
On order of the Mayor, the floor was opened for nominations
Councilmember Feinstein nominated Deborah Levin. There being no other
nominations, Ms. Levin was appointed by acclamation, with all members
present.
13-D: Appointment to one special vacancy on the Recreation & Parks
Commission for a term ending Jrune 30, 2004,
On order ofthe Mayor, the floor was opened for nominations.
Councilmember Katz nominated Phil Brock. There being no other
nominations, Mr. Brock was appointed by acclamation, with all members
present.
13-E: Appointment to one special vacancy on the Planning
Commission for a term ending June 30, 2004,
On order ofthe Mayor, this matter was continued to November 25,2003
13-F: Request of Mayor Pro Tern McKeown to direct staff to
investigate ways to encourage hiring of local workers, particularly local
youth, under contracts for construction of City projects; to explore
local youth job and job training programs with the college, the school
district, unions and private sector employers; and to return with
recommendations, was presented.
Members of the public Maria Loya, Oscar DeLa Torre, and Ana Maria Jara
spoke in support of the request.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz,
to approve request in context of the overall budget review, amended to
include direction that staff investigate ways to deal with youth violence. The
motion was approved by voice vote, with Councilmember O'Connor voting
in opposition, and with all members present.
12
October 14, 2003
ELECTORAL REFORM
Councilmember Katz
was excused at 11:40 p.m.
PUBLIC INPUT:
ADJOURNMENT:
13-G: Request of Councilmember Feinstein to direct staff to research
State Constitutional Amendment 14, an electoral reform bill co-
sponsored by State Senator Sheila Kuehl, to analyze its potential effects
for Santa Monica and to return with recommendations, was presented.
Motion bv Councilmember Feinstein. seconded by Mayor Pro Tern
McKeo~ to approve request, amended to delete the word
"recommendations." The motion was unanimously approved by voice vote,
with Councilmember Katz absent.
Members of the public Pro Se and Art Casillas expressed various opinions
and concerns.
On order ofthe Mayor, the City Council meeting was adjourned at 11 :50
p.m., in memory of William (Zak) Mark Forrest.
~T:
~Q':t.- ~.~
Maria M. Stewart
City Clerk
APPROVED:
() C)..
J^-.J ;J..---~-
Richard Bloom
Mayor
13
October 14, 2003