M-1/13/2004
CITY OF SANTA MONICA
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 Tern 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
CONVENEIPLEDGE 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 I-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 I-J. Member of the public Mark Olson spoke in support
ofltem I-K.
At the request of the Mayor, Item I-J was removed from the Consent
Calendar.
I
January 13, 2004
MINUTES
BEACH PEDESTRIAN
ACCESS
TRANSIT TRAINING
CONSORTIUM
SEWER JETTER
1311 CENTINELA
18TI1 ST. ARTS CENTER
Motion by Michael Feinstein. seconded by Councilmember Katz, to approve
all items on the Consent Calendar, except Items 1- C and I-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 Tern
McKeown, Mayor Bloom
None
Councilmembers O'Connor, Holbrook
NOES:
ABSENT:
I-A: The minutes of Special November 21 and regular November 25,
2003, City Council meetings, were approved.
I-B: Beach Pedestrian Access Repair Project - 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.
I-D: Membership agreement with the Southern California Regional
Transit Training Consortium - 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.
l-E: Purchase of one sewer jetter for cleaning of sewers -
recommendation to reject other bids and award Bid No. 2860 to Municipal
Maintenance Equipment, in the amount of$176,019.1O, to furnish and
deliver one sewer jetter, was approved.
I-F: The Statement of Official Action for project located at 1311
Centinela Avenue, was approved.
I-G: Funding contract with 18th Street Arts Center - 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.
PossmLE ACQIDSmON I-H: Authorization to conduct discussions with owners of record of
OF PROPERTY property located at 430 Colorado Blvd., 1636 5th Street, and 1640 5th
Street, for possible acquisition of property by the City, was approved.
2
January 13,2004
UNDERGROUND
STORAGE
RESOURCE CENTER
VEHICLE
DEMONSTRATION
PROJECT
Council member 0 'Connor
arrived at 6: 10 p.m.
RECESS
Counci/member Holbrook
arrived at 7: 1 0 p.m.
I-I: Airport Underground Storage Tank/Big Blue Bus Yard/City
Corporation Yard - 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.
l-K: Green Building Resource Center - 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.
I-J: Hydrogen-Powered Fuel Cell Vehicle Demonstration Project-
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 bv 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 Tern
McKeown, Mayor Bloom
Councilmember Feinstein
Councilmember Holbrook
NOES:
ABSENT:
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.
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 l-C.
3
January 13, 2004
FLUORIDATION
l-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: Dr.
Susan Mearns (representing the Environmental Task Force), Gene Burke,
Jerry Rubin, Will Morris, 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 followin~
vote:
AYES:
NOES:
Councilmembers O'Connor, Holbrook, Katz, Mayor Bloom
Councilmembers Genser, Feinstein, Mayor Pro Tern
McKeown
None
ABSENT:
Mayor Pro Tern 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 Tern 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 Tern
McKeown
Councilmember O'Connor, Holbrook, Katz, Mayor Bloom
None
NOES:
ABSENT:
4
January 13, 2004
CLOSED SESSIONS
ORDINANCES:
MODIFICATIONS TO
DEVELOPMENT
STANDARDS
On order of the Mayor, the City Attorney reported the following action
taken on closed sessions:
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.
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.
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- Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No. 0ICC4311.
ACTION:
No reportable action taken.
i'
7-A: Second reading and adoption of Interim Ordinance No. 2106
(CCS) entitled: "AN 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
lAND THE DEVELOPMENT REVIEW THRESHOLD WITHIN THE C2
~IGHBORHOOD COMMERCIAL DISTRICT ALONG MONT ANA
!A VENUE", was presented.
5
January 13, 2004
ELIMINATING TIME
LIMIT OF LOANS
REDEVELOPMENT
PLAN PROJECTS
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 O'Connor, Holbrook, Katz, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
Councilmember Genser
None
NOES:
ABSENT:
7-B: Second reading and adoption of Ordinance No. 2107 (CCS)
entitled: "AN 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 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 O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
7-C: Second reading and adoption Ordinance No. 2108 (CCS)
entitled: "AN 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: "AN 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: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE
REDEVELOPMENT PLAN FOR THE OCEAN PARK IA
REDEVELOPMENT PROJECT TO EXTEND CERTAIN TIME
LIMITS," and Ordinance No. 2111 (CCS) entitled: "AN ORDINANCE
OF THE CITY OF SANTA MONICA AMENDING THE
REDEVELOPMENT PLAN FOR THE OCEAN PARK IB
REDEVELOPMENT PROJECT TO EXTEND CERTAIN TIME
LIMITS," was presented.
6
January 13, 2004
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 Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
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.
STAFF ITEMS:
WATER EFFICIENCY
LOAN FUND
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 Tern McKeown. seconded by Councilmember
Feinstein, to introduce ordinance, reading by title only and waiving further
reading thereof, amended on page 5, subsection (d)(l), to read "A 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 Tern McKeown, Mayor Bloom
None
None
NOES:
MSENT:
8-A: Water Efficiency Revolving Loan Fund ~ recommendation to
approve modification of the Water Efficiency Revolving Loan Fund to the
7
January 13, 2004
GREEN BUILDING
GRANT PROGRAM
WRITTEN
COMMUNICATIONS:
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 Tern
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 Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
8-B: Santa Monica Green Building Grant Program - 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 Tern McKeown, Mayor Bloom
Councilmember Holbrook
None
NOES:
ABSENT:
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.
8
January 13, 2004
COUNCIL ITEMS:
PLANNING
COMMISSION
PERSONNEL BOARD
GLOBAL OLIVE
WREATH PROGRAM
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.
I3-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
Councilmember Genser, Mayor Pro Tern McKeown,
Mayor Bloom
Bob Seldon:
Councilmember Genser, Mayor Pro Tern McKeown, and Mayor Bloom
requested to change their votes for Mr. Pugh, thereby appointing him by
acclamation with all members present.
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.
13-C: Request of Council member Feinstein for Santa Monica to
participate in the Global Olive Wreath program in preparation for
the Athens 2004 Olympics, was presented.
9
January 13, 2004
LANDMARKS
COMMISSION
RESIGNATION
CLARIFY POLICY
DONATION TO
SANTA MONICA IDGH
Mayor Pro Tem McKeown
was excused at 11:07 p.m.
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.
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
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.
13-F: Request of Council member 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 "may 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.
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 Tern McKeown recused himself from this matter because of a
conflict of interest due to his employment relationship with the School
District.
10
January 13, 2004
RESIGNATION
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
None
CounciImember Holbrook
Mayor Pro Tern McKeown
NOES:
ABSTAIN:
ABSENT:
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
0' Connor, to accept letter and authorize the City Clerk to publish the
vacancy. The motion was unanimously approved by voice vote, with Mayor
Pro Tern McKeown absent.
HOUSING TAX CREDITS 13-1: Request of Mayor Pro Tern McKeown that the Council
authorize communication to the State of California Tax Credit
Mayor Pro Tem McKeown Allocation Committee suggesting regulatory amendments to assure that
returned at 11:15 p.m. the City of Santa Monica gets its fair share of affordable housing tax
credits, was presented.
RESIGNATION
Council member Feinstein
was excused at 11:20 p.m.
Councilmember Feinstein
returned at 11:25 p.m.
Mayor Pro Tern McKeown. seconded by Councilmember Genser, to
approve the request. The motion was unanimously approved by voice vote,
with ail members present.
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.
11
January 13, 2004
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 ~ 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- Existing Litigation: City of
Santa Monica v. David Levy, Case No. 2nd Civ. B157587.
ACTION:
Not heard.
2-G: Conference with Legal Counsel - Existing Litigation: AD
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- Existing Litigation:
Pendragon North American Automotive. Inc. v. City of Santa Monica,
Case No. SS 012 287.
ACTIO~:
Not heard.
2-1: Conference with Legal Counsel- Existing Litigation: Helen
Butler v. City of Santa Monica, Case No. SC 070 958.
Motion by Councilmember Holbrook. seconded by CounciImember Katz, to
approve settlement of $20,000. The motion was approved by the following
vote:
AYES:
Councilmembers Katz, Genser, Holbrook, O'Connor, Mayor
Pro Tern McKeown, Mayor Bloom
None .
Councilmember Feinstein
NOES:
ABSENT:
2-J: Conference with Legal Counsel- Existing Litigation: Santa
Monica Housing Council v. City of Santa Monica, Case No. SC 074
683.
ACTION: Not heard.
12 January 13, 2004
PUBLIC INPUT:
ADJOURNMENT:
Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Six.
ACTION
Not heard.
Public Employee Evaluations.
Title of Employees: City Attorney
Director of Records & Election Services
ACTION
Not heard.
2-M: Conference with Legal Counsel ~ Existing Litigation: Los
Aneeles SMSA. a limited partnership. dba Verizon Wireless v. City of
Santa Monica, Case No. SC 079 139.
ACTION
No reportable action taken.
There was no one present for public input
On order of the Mayor, the City Council meeting was adjourned at 12: 15
a.m., to January 20,2004, in memory of Phil Kaufinan, Joan Lundstein, and
Jose Nieto.
ATTEST:
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APPROVED:
t~
Mayor
Maria M. Stewart
City Clerk
13
January 13, 2004