M-4/8/2003 (2)
CITY OF SANTA MONICA
CITY COUNCIL'MINUTES
APRIL 8, 2003
A regular meeting ofthe Santa Monica City Council was called to order by Mayor Bloom at 6:01
p.m., on Tuesday, April 8, 2003, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser (arrived at 6:06 p.m.)
Councilmember Robert T. Holbrook (arrived at 7:00 p.m.)
Councilmember Herb Katz
Councilmember Pam O'Connor (arrived at 7:15 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 6:01 p.m., with
Councilmembers Genser, Holbrook and O'Connor absent. Mayor Pro Tern
McKeown 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.
Member of the Public Pro Se addressed issues related to the Consent
Calendar.
At the request of Mayor Pro Tern McKeown, Item I-A was removed from
the Consent Calendar.
Motion by Councilmember Katz, seconded by Councilmember Feinstein,
to approve all items on the Consent Calendar as presented except I-A,
reading resolutions.and ordinances by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
Councilmembers Katz, Feinstein, Mayor Pro Tern
McKeown, Mayor Feinstein
I
April 8, 2003
PEDESTRIAN
IMPROVEMENT
PROJECT
DUMP COLLECTION
VEHICLES
MINUTES
CLOSED SESSIONS:
Councilmember Genser
arrived at 6:06 p.m.
Councilmember Holbrook
arrived at 7:00 p.m.
Councilmember 0 'Connor
arrived at 7: 15 p. m.
NOES:
ABSENT:
None
COlPlcilmembers Genser, Holbrook, O'Connor
I-B: Pedestrian Improvement Project - Phase 2 - recommendation to
authorize the City Manager to negotiate and execute an amendment to
Contract No.7787 (CCS) with CBM Consulting, in the amount of $49,225,
for construction management services for the project, and approve proposed
budget changes, was approved.
l-C: Purchase of three dump collection vehicles - recommendation to
award Bid No. 2840 to Kelly Equipment, in the amount of $199,444.89, to
furnish and deliver three dump collection vehicles for the Solid Waste
Management Division, was approved.
I-A: Approval of minutes of February 11, 2003, City Council meeting,
were presented.
Mayor Pro Tern McKeown advised that member of the public Joey Fullmer
had notified him that she had not been in favor ofItem 8-A, as the minutes
for February 11, 2003, indicate.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz,
to approve the minutes, amended to indicate Ms. Fullmer did not speak in
favor ofItem 8-A. The motion was unanimously approved by voice vote,
with Councilmembers Genser, Holbrook, and O'Connor absent.
On order ofthe Mayor, the City Council recessed at 6:06 p.m., to hear
closed sessions and reconvened at 7:18 p.m., with all members present, to
report the following:
2-A: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Company, Case No. 01CC4331.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Action v.
City of Santa Monica, Case No. BC 271 062.
ACTION:
Not heard.
2-C: Conference with Legal Counsel- Existing Litigation: Santa
2
April 8, 2003
Monica Food Not Bombs v, City of Santa Monica, Case No. 03-0032
JTLX.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: Los
An~eles Department of Water and Power. et aI.. ex reI. Nora Armenta
v. James Jones Company. et al., Case No. BC 173 487.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel- Anticipated Litigation..
Number of cases: Seven.
ACTION: Three cases heard; no reportable action was taken. Four
cases were not heard.
SPECIAL ITEMS:
COMMENDATION
4-A: Commendation to City employee Jennifer Hale in recognition
for going above and beyond the call of duty.
The Mayor commended employee Jennifer Hale in recognition of her
efforts that assisted in re-uniting a missing daughter with her parents.
PROCLAMATION
4-B: Proclamation declaring April 19, 2003, as Earth Day in the City
of Santa Monica.
The Mayor issued a proclamation declaring April 19, 2003, as Earth Day in
the City of Santa Monica.
ADMIN. PROCEEDINGS: 6-A: Appeal of Mixed Use Project at 1540 2nd Street (McDonalds) -
1540 2ND STREET recommendation to hold a public hearing, adopt resolution certifying the
(McDONALDS) Final Environmental Impact Report prepared for the proposed mixed-use
project at 1540 2nd Street; and deny appeal and uphold the Planning
Commission's denial of DR Permit 98-012, Text Amendment 98-009, CUP
98-046 and Variance 98-053 related to the project, was presented.
Tom Landau, Margaret Taylor and Norman Kravetz, representing the
appellant, spoke in support of the appeal.
The following members ofthe public spoke in support of the appeal: Brett
Biggs, Ellen Brennan, Tony Lardas, Arthur Morris, Mike Gruning, Jerry
Rubin, and Reina Alvarez.
3
April 8, 2003
Member of the public Kelly Olsen spoke in opposition of the appeal.
Representatives for the appellant provided a rebuttal to comments made
during public comment.
Considerable discussion ensued regarding the merits of the project, parking,
access to parking lot and to subterranean parking, traffic circulation, design,
and public comment.
Motion by Councilmember Genser. seconded by Councilmember Katz, to
ask applicant to redesign the project in order to address the parking
circulation issues that have been raised, taking into consideration the
suggestions that have been made tonight; ask staff to return with
appropriate documents to allow Council to approve the project and return
with information about potential changes to the direction of the alley; and
ask the applicants and the staff to work together in making sure that the
modifications to the project will work with whatever changes the staffis
going to propose to the alley circulation. In addition, the extra driveway off
of Colorado to be removed - with an option that it may be widened but not
access Colorado. Motion also includes that a parking management plan be
approved by the Director of Planning. The public hearing was continued to
May 13, 2003. The motion was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Holbrook, O'Connor, May'
Pro Tern McKeown, Mayor Bloom
Councilmember Feinstein
None
NOES:
ABSENT:
Councilmember Feinstein stated, for the record, that he voted in opposition
because as is, the project suffers from major lack of vision to fit the unique
character ofthe comer, fails to integrate key civic destinations at a major
crossroads ofthe city, enhances a planning failure, and misses an
opportunity of significant proportion.
RECESS
On order of the Mayor, the Council recessed at 10:17 p.m., and returned at
10:30 p.m., with Councilmembers Holbrook and O'Connor absent.
ORDINANCES:
7-A: Second reading and adoption of Ordinance No. 2071 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA TO
CHANGE MUNICIPAL CODE SECTION 2.04.520 RELATING TO
PHYSICAL EXAMINATIONS FOR CITY EMPLOYEES," was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
4
April 8, 2003
SMOKING IN CITY
PARKS
COMMUNITY EVENTS
ORDINANCE
Councilmember Holbrook
returned at 10:35 p.m.
Councilmember 0 'Connor
returned at 10:38 p.m.
Feinstein, to adopt ordinance, reading 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:
7-B: Second reading and adoption of Ordinance No. 2072 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADDING SECTION 4.44.040 TO THE MUNICIPAL CODE
PROHIBITING SMOKING IN CITY PARKS," was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz,
to to adopt ordinance, reading 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:
7-C: Introduction and first reading of an ordinance: 1) Amending
Sections 4.68.040, 4.68.110, 4.68.130, 4.68.140, 4.68.150, and 4.68.180 of
the Community Events Code relating to permit criteria, parade routes,
temporary signage, departmental charges, and indemnification
provisions and Section 4.08.500 relating to street banners, and 2)
Repealing Chapter 6.44 and Section 4.08.510 relating to Cultural Arts
and Crafts Shows and Street Banners, was presented.
The following members of the public spoke in opposition to the proposal
regarding the banners: Chris DeCarlo, Ben Stegall, Bruce Rankin, Gary
Gordon, Jane Walker, Mike Gruning, and Jerry Rubin.
Motion by Councilmember Katz, to defer this matter indefinitely. The
motion failed for lack of a second.
Motion by Councilmember Feinstein. seconded by Councilmember Genser,
to introduce and hold first reading of the ordinance, reading by title only
and waiving further reading thereof, and amended to delete the portions
regarding street banners. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz,
5
April 8, 2003
STAFF ITEMS:
DISPLAYS ON PUBLIC
PROPERTY
MARCH 21, 2003 -
SPECIAL ELECTION
NOES:
ABSENT
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
Motion by Councilmember Feinstein. seconded by Mayor Bloom, to direct
staffto explore possibilities for new, revised proposals to be made for
amendments to the street banner ordinance that would address as many as
possible of the concerns expressed. The motion was approved by the
following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
Councilmember Katz
None
NOES:
ABSENT
8-A: Discussion on establishing City policy and directing staff to
prepare an ordinance related to installation of displays and other
objects in City Parks and on other public property, was presented.
There was no one present for public comment
Motion by Councilmember Genser. seconded by Councilmember
O'Connor, to approve staff recommendation with the direction to considel
prohibiting displays on public property with the exception of portion of
Palisades Park through the month of December; explore the options for
continuing the fresh-art program, and other art and cultural activities, at
Cloverfield Park; that staff receive input from the Recreation and Parks, and
the Arts Commission, and return to Council. The motion was unanimously
approved by voice vote, with all members present.
8-B: Adoption of Resolution No. 9844 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE
RESULTS OF THE MARCH 21, 2003, SPECIAL MUNICIPAL
ELECTION ON PROPOSITION A," was presented.
Member of the public Brian Hutchings expressed various concerns
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Genser, to 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,
6
April 8, 2003
RECESS
PUBLIC HEARINGS:
PUBLIC NUISANCE
COUNCIL ITEMS:
COMMISSION ON
OLDER AMERICANS
SCHOOL FUNDING
MEASURE
NOES:
ABSENT:
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
On order ofthe Mayor, the regular Council meeting recessed to a special
meeting of the Housing Authority at 11 :30 p.m., and reconvened to the
regular meeting at 11 :37 p.m., with all members present.
9-A: Public Hearing to adopt Resolution No. 9845 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA CONFIRMING
COSTS OF ABATING A PUBLIC NUISANCE AT 2602 ARIZONA
A VENUE/1315 26TH STREET AND AUTHORIZE THE FILING OF A
NOTICE OF LIEN WITH THE LOS ANGELES COUNTY RECORDER,"
was presented.
Member of the public Bob Badinyan spoke in opposition to the
recommendation.
Motion by Councilmember Katz. seconded by Councilmember O'Connor,
to adopt the resolution, reading by title only and waiving further reading
thereof. 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:
13-A: Appointment to one special vacancy on the Commission on
Older Americans for a term ending June 30, 2003.
13-B: Appointment to one annual vacancy on the Commission on
Older Americans for a term ending June 30, 2006, due to a previous
appointee's withdrawal from the position.
On order ofthe Mayor, Items 13-A and 13-B were continued to April 22,
2003.
13-C: Request of Mayor Bloom and Mayor Pro Tern McKeown that
the City Council declare its unqualified support for the school funding
measure to be voted on June 3, 2003, was presented.
Members of the public Matteo Dinolfo, Fernando Padilla, Oscar de la
7
April 8, 2003
SUSTAINABLE CITY
PLAN
Councilmember Katz was
excused at 12:05 p.m.
RESIGNATION
PARKING MITIGATION
STRATEGIES
SB 921
Torre, Mario Fonda Bonardi, Nat Trives, Shari Davis, and Jerry Rubin
spoke in favor of the request.
Motion by Mayor Pro Tern McKeown. seconded by Mavor Bloom, to
approve the request adding the word "enthusiastic" to the request so that it
reads: ". . . .unqualified, enthusiastic support. . ." The motion was
unanimously approved by voice vote, with all members present.
13-D: Request of Mayor Pro Tern McKeown and Councilmember
Feinstein to direct staff to develop specific departmental strategies to
implement the newly-adopted Sustainable City Plan within City
operations, in community planning and in economic development, and
provide preliminary concepts and priorities as part of the annual
budget process, was presented.
There was no one present for public comment.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, to approve request. The motion was approved by voice vote,
with Councilmember O'Connor voting in opposition and Councilmember
Katz absent.
13-E: Acceptance of Conway Collis' letter of resignation from tJ
Recreation and Parks Commission, and authorization for the City CleJ
to publish the vacancy, was presented.
Motion bvCouncilmember Holbrook. seconded by Councilmember 0' Connor,
to accept the letter, with regrets, and approve recommendation. The motion
was unanimously approved by voice vote, with Councilmember Katz absent.
i
13-F: Request of Mayor Pro Tern McKeown and Councilmember Genser
to direct that staffinvestigate including Big Blue Bus or other mass transit
pass opportunities in future parking impact mitigation strategies, and
return to Council with policy options, was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to approve request. . The motion was unanimously approved by voice vote,
with Councilmember Katz absent.
13-G: Request of Mayor Pro Tern McKeown and Councilmemb....
8
April 8, 2003
LABOR RELATIONS
PUBLIC INPUT:
ADJOURNMENT
Holbrook that the City Council support our State Senator Sheila Kuehl's
bill SB 921, establishing a single comprehensive health plan for all
California residents at no new cost to the state, and that Santa Monica's
support be promptly communicated to appropriate legislators and
Governor Davis, was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Holbrook, to approve request. The motion was unanimously approved by
voice vote, with Councilmember Katz absent.
13-H: Request of Mayor Pro Tern McKeown that, in light of
allegations of recent violations of the National Labor Relations Act by a
local employer, the Council reaffirm its June 27, 2000 resolution
(9538(CCS)): for fundamental fairness and justice in labor relations,
against union-busting, and calling upon local businesses to respect
worker dignity, management neutrality and the right to choose union
representation without intimidation by means such as card-check
elections.
This matter was withdrawn by Mayor Pro Tern McKeown
Members of the public Art Casillas, Ned Landin, and Brian Hutchings
discussed various issues.
On order ofthe Mayor, the City Council meeting was adjourned at :02
a.m. in memory of all the lives lost in the war with Iraq.
--
ATT~T:
\.u ~~r~ lo .~
Maria M. Stewart
City Clerk
Richard Bloom
Mayor
9
April 8, 2003