M-10/8/2002
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 8, 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 8, 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 (arrived at 6:05 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 5:55 p.m., with
Councilmembers O'Connor and 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 Chuck Allord addressed
various items on the Consent Calendar.
Councilmember Katz requested Item I-A be removed from the Consent
Calendar because he was absent from that meeting and wanted to abstain on
the vote.
Motion by Councilmember Genser. seconded by Councilmember Bloom, 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.
1
October 8, 2002
CROSSWALKS
GAS FUELINGIBUS
WASH FACILITY
CHARNOCK WELL
834-83816TH STREET
CITY HALL HISTORIC
ANALYSIS
MINUTES
The motion was approved by the following vote:
AYES:
Councilmembers Bloom, Genser, Katz, Mayor Pro Tern
McKeown, Mayor Feinstein
None
Councilmembers Holbrook, O'Connor
NOES:
ABSENT:
1-B: Construction of Pedestrian and Crosswalk Improvements-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8151 (CCS) with Los Angeles Engineering, Inc., in the
amount of$4,650, 135.1 0, for construction of the Phase 2 Pedestrian and
Crosswalk Improvements Project, was approved.
l-C: Design services for the Big Blue Bus Natural Gas FuelinglBus
Wash Facility - recommendation to authorize the City Manager to
negotiate and execute an amendment to Contract No. 7445 (CCS) with
RNL Interplan, Inc., in the amount of$500,000, for additional design and
construction administration services for the BBB Natural Gas Fueling/Bus
Wash Facility, was approved.
1-D: Technical oversight services for the Charnock Well Field-
recommendation to authorize the City Manager to negotiate and execute an
extension to Contract No. 7816 (CCS) with KOMEX H2O Science, Inc., in
the amount of$715,000, to provide technical oversight for Charnock Well
Field, was approved.
l-E: Statement of Official Action for 10-unit condominium project at
834-838 16th Street, was approved.
I-F: Historic analysis for City Hall- recommendation to authorize the
City Manager to negotiate and execute Contract No. 8161 (CCS) with
Historic Resources Group, in the amount of$69,000, for an Historic
Structures Report for City Hall, was approved.
I-A: The minutes of the July 9,2002, City Council meeting, were
presented.
Motion by Mayor Feinstein. seconded by Councilmember Genser, to
approve the minutes, as submitted. The motion was unanimously approved
by voice vote, with Councilmember Katz abstaining and Councilmembers
O'Connor and Holbrook absent.
2
October 8, 2002
CLOSED SESSIONS:
Counci/member 0 'Connor
arrived at 6:05 p.m.
Counci/member Holbrook
arrived at 7: 00 p. m.
SPECIAL ITEMS:
BBB ROADEO
DISABILITY
AWARENESS
CONTINUED ITEMS:
HOMELESS SERVICES
REPORT
Member of the public Brian Hutchings addressed remarks regarding
Item 2-D.
On order of the Mayor, the City Council recessed at 6:08 p.m., and
reconvened at 7:05 p.m., with all members present. On order ofthe Mayor,
action taken on closed sessions to be reported later during the meeting.
4-A: Presentation of the Big Blue Bus Roadeo trophies.
The Mayor presented trophies to the winners of the Big Blue Bus Roadeo.
4-B: The Mayor issued a proclamation declaring the month of
October as Disability Awareness Month in the City of Santa Monica.
The Mayor announced that the public hearing for Item 5-A was closed at the
September 24,2002, meeting. He further added that Item 5-A and
Item 10-A would be heard concurrently.
5-A: Transmittal of the FY 2001-02 Annual Review of the City's
Coordinated Plan for Homeless Services and recommendation to accept
the report; introduction and first reading of an ordinance specifying
requirements for the distribution of food on public property; and
introduction first reading of an ordinance prohibiting sitting or lying in
downtown doorways during late night and early morning hours, was
presented.
10-A: Request of the Bayside District that Council consider various
recommendations including additional support for existing social
service infrastructure; limiting the provision of meals in public areas;
and reviewing trespass, camping and/or loitering laws in private space
adjacent to public space, was presented.
Council asked questions of staff and discussed the merits of the proposals
and the public comments received at the September 24th meeting.
Motion by Councilmember Bloom. seconded by Councilmember Katz, to
introduce and hold first reading ofthe ordinance related to distribution of
food on public property, directing staff to return with the criteria and
parameters that will be applied in processing permit applications; and
directing staff to make City and staff resources available to help meal
-providers integrate with the City's social services programs.
3
October 8, 2002
Motion to amend by Mayor Pro Tern McKeo~ that the ordinance have an,
effective date so that staffhas time to work on a real plan, and not cut off
food distribution between Thanksgiving and December holidays. The
motion was not accepted as friendly, and died for lack of a second.
The main motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook
Mayor Pro Tern McKeown, Mayor Feinstein
None
Mayor Pro Tern McKeown stated, for the record, that he voted against
because his request for an amendment was in the spirit of making needed
changes in a measured and responsible way, and can't vote for the transition
without that care and caution.
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.
Motion by Councilmember Holbrook. seconded by Councilmember Bloom,
to introduce and hold first reading ofthe ordinance prohibiting sitting or
lying in downtown doorways during late night and early morning hours,
reading by title only and waiving further reading thereof, amended to extend
it to the Main Street Commercial Area.
Motion to amend by Councihnember Katz, that the prohibition is in effect
unless the owners specifically give permission to sit or lie in the doorways.
The motion was not accepted as friendly.
Substitute motion bv Councihnember Katz, to introduce and hold the
ordinance, amended so that a person cannot trespass unless given specific
permission, knowing full well that the law may be challenged. The motion
died for lack of a second.
Friendly motion to amend by Councihnember Genser, adding language that
it may only be enforced on a property where a notice requesting
enforcement is posted. The amendment was not accepted as friendly.
Motion to amend by Councihnember Genser. seconded by Councihnember
4
October 8, 2002
O'Connor, by adding that it may only be enforced on a property where a
notice requesting enforcement is posted.
Discussion ensued on the merits of the motion. The City Attorney provided
clarification ofthe effect ofthe ordinance relative to the amendment.
The motion to amend was approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
At the request ofthe Mayor, the City Attorney defined the Downtown Area
as: The area bounded by and including the east side of Ocean Avenue, north
side of Wilshire Boulevard, east side of Lincoln Boulevard, and south side of
Pico Boulevard. The Main Street Commercial Area was defined as follows:
All commercial zones from Pico Boulevard to the southerly border, and
from Nielsen to 2nd Street.
The main motio~ as amended 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 Katz, to direct staff to return in four weeks with
recommendations to keep public toilet facilities open and maintained 24
hours per day, seven days per week.
The City Manager provided information on steps being taken by staff to
address the concern. After discussio~ Councilmember Katz withdrew his
motion.
Motion by Councilmember Genser. seconded by Mayor Feinsteill, to direct
staff to return with analysis of resources spent in this area over the last
decade and those available at the present, with possible options on
augmenting resources by mid-year budget if possible. The motion was
unanimously approved by voice vote, with all members present.
5
October 8, 2002
ADMIN. ITEMS:
2013 21sT STREET
ORDINANCES:
VARIANCE
APPLICATIONS
CONSTRUCTION RATE
PROGRAM
6-A: Appeal of Planning Commission's decision regarding
construction of a 5-unit townhouse-style condominium development
located at 2013 2rt Street - recommendation to remand the appeal of the
Planning Commission's denial ofa tentative tract map and a design
compatibility permit to the Commission for consideration of a redesigned
project, was presented.
Member of the public Ken Kutcher, representing the appellant, spoke in
favor of the appeal.
Motion by Councilmember Katz. seconded by Councilmember Genser, to
approve staff recommendation and remand the appeal to the Planning
Commission. 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:
7-A: Second reading of Ordinance No. 2052 (CCS) entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 9 OF THE MUNICIPAL CODE REGARDING THE
PROCESSING OF VARIANCE APPLICATIONS TO EXCEED
MAXIMUM BUILDING HEIGHT AND NUMBER OF STORIES," was
presented.
Motion by Councilmember Katz. seconded by Councilmember Bloom, 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:
7-B: Second reading of Ordinance No. 2053 (CCS) entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 9 OF THE MUNICIPAL CODE TO ESTABLISH A
CONSTRUCTION RATE PROGRAM FOR MULTI-FAMILY
DEVELOPMENT IN ALL MULTI-FAMILY RESIDENTIAL
DISTRICTS AND A DESIGN COMPATIBILITY PERMIT
REQUIREMENT FOR THE DEVELOPMENT OF CONDOMINIUMS
AND OTHER MULTI-FAMILY OWNERSIDP HOUSING," was
presented.
6
October 8, 2002
BUILDINGS
STANDARDS CODE
Co unci/member Bloom
was excused at 11: 05 p. m.
Motion by Mayor Pro Tern McKeown.. seconded by Councilmember Genser,
to adopt the ordinance, reading by title only, and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Bloom, O'Connor, Holbrook
Mayor Pro Tern McKeown, Mayor Feinstein
Councilmember Katz
None
NOES:
ABSENT:
7-C: Resolution No 9800 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA MAKING FINDINGS OF LOCAL
CLIMATIC, GEOLOGICAL AND TOPOGRAPHICAL CONDITIONS
AS REQUIRED TO ADOPT LOCAL AMENDMENTS TO THE
CALIFORNIA BUILDINGS STANDARDS CODE;" introduction and
adoption of Ordinance No. 2054 (CCS) entitled: "AN ORDINANCE OF
THE CITY OF SANTA MONICA ADOPTING THE CALIFORNIA
BUILDING STANDARDS CODE AND ADOPTING THE SANTA
MONICA AMENDMENTS TO THE CALIFORNIA BUILDING
STANDARDS CODE AND AMENDING THE ADMINISTRATIVE
CODE, AND DECLARING THE PRESENCE OF AN EMERGENCY;"
and Resolution No. 9801 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA SETTING FORTH THE ADMINIS-
TRATIVE CITATION SCHEDULE FOR CERTAIN VIOLATIONS OF
THE SANTA MONICA MUNICIPAL CODE, EFFECTIVE NOVEMBER
1,2002," were presented.
Member of the public Joey Fullmer expressed various concerns.
Motion by Councilmember O'Connor. seconded by Councilmember Katz, to
adopt Resolution No. 9800 (CCS), reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, Genser, Katz, Mayor
Pro Tern McKeown, Mayor Feinstein
None
Councilmember Bloom
NOES:
ABSENT:
Motion bv Councilmember Katz. seconded bv Mayor Feinstein, to adopt
Ordinance No. 2054 (CCS), reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
'7
October 8, 2002
AYES:
NOES:
ABSENT:
Councilmembers Katz, Genser, O'Connor, Holbrook, Mayor
Pro Tern McKeown, Mayor Feinstein
None
Councilmember Bloom
Motion by Councilmember O'Connor. seconded by Councilmember Katz, to
adopt Resolution No. 9801 (CCS), reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, O'Connor, Genser, Katz, Mayor
Pro Tern McKeown, Mayor Feinstein
None
Councilmember Bloom
TENANT PROTECTION 7-D: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY ,OF SANTA MONICA AMENDING AND
EXPANDING THE REQUIREMENTS FOR TENANT PROTECTION
DURING CONSTRUCTION, EXPANDING THE SCOPE OF
ADMINISTRATIVE CITATIONS, AND AMENDING AND
EXPANDING THE REQUIREMENTS FOR THE PLACEMENT OF
UNDERGROUND UTILITIES"; and Resolution No. 9802 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
SETTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE
FOR CERTAIN VIOLATIONS OF THE SANTA MONICA MUNICIPAL
CODE, EFFECTIVE JANUARY 1,2002," were presented.
Members of the public Kamal and Mark Olson addressed various issues of
the proposed ordinance.
Motion by Councilmember Katz. seconded by Councilmember O'Connor, to
introduce and hold first reading of the ordinance, reading by title only and
waiving further reading thereof. The motion was approved by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, O'Connor, Genser, Katz, Mayor
Pro Tern McKeown, Mayor Feinstein
None
Councilmember Bloom
Motion by Councilmember O'Connor. seconded by Councilmember Katz,
adopt Resolution No. 9802 (CCS), reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
8
October 8, 2002
STAFF ADMIN. ITEMS:
BBB EXPANSION
PROJECT
WRITTEN
COMMUNICATIONS:
PETS
1930 STEW ART
HIRING PRACTICES
COUNCIL ITEMS:
OLDER AMERICANS
COMMISSION
AYES:
Councilmembers Katz, Genser, O'Connor, Holbrook, Mayor
Pro Tern McKeown, Mayor Feinstein
None
Councilmember Bloom
NOES:
ABSENT:
8-A: Presentation of Design Concept and approval of pre-
construction services for the Big Blue Bus Expansion Project -
recommendation to review the proposed design concepts, give direction to
staff, arid authorize the City Manager to negotiate and execute a contract for
pre-construction services with Swinerton Builders, in the amount of
$400,000, for the Big Blue Bus Expansion Project, was presented.
Discussion ensued on the merits of the project, on the plans for use ofthe
existing building, on the status of relocating existing tenants, on questions of
the design, on proposed budget, and on the lateness of the hour and the need
to have more time for discussion.
On order ofthe Mayor, and with the consensus of Council, this matter was
continued to November 12,2002, as a 5-Item.
12-A: Request of Bill Dyer, Field Representative for In Defense of
Animals, to request that City Council adopt an ordinance changing the
word "owner" to "guardian" relative to pet animals.
The Mayor advised that this item was withdrawn at Mr. Dyer's request.
12-B: Request of Ken Ward to address Council regarding upgrading
of utilities at 1930 Stewart Street, and regarding permits for a project,
was presented.
On order ofthe Mayor, the information was received and filed.
12-C: Request of Brian A. Gray to address Council regarding the
hiring practices of the Big Blue Bus, was presented.
On order of the Mayor, the information was received and filed.
13-A: Appointment to one annual vacancy on the Commission on
Older Americans for a term ending June 30, 2006, and appointment to
one special vacancy for a term ending June 30, 2003.
On order of the Mayor, this matter was continued to December 10,2002.
9
October 8, 2002
PERSONNEL BOARD
PUBLIC INPUT:
CLOSED SESSIONS:
Counci/members Katz and
Holbrook were excused at
12:47 a.m.
13-B: Appointment to one special vacancy on the Personnel Board for
a term ending June 30, 2004.
On order of the Mayor, the floor was opened for nominations.
Councilmember O'Connor nominated Beverly Metoyer. There being no
other nominations, Ms. Metoyer was appointed by acclamation, with
Councilmember Bloom absent.
Members of the public Brian Hutchings, Calvin Ousley and Hsinling Hsieh
addressed various concerns.
On order of the Mayor, the following actions on closed sessions were
reported:
2-A: Conference with Legal Counsel. - Existing Litigation: James
Holiday. et al.. v. Citv of Santa Monica, Case No. SC 066 968.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Eleanor
Nelson v. City of Santa Monica, Case No. SC 068 870.
Motion by Mayor Feinstein. seconded bv Councilmember O'Connor, to
approve settlement in the amount of$115,000. The motion was approved
by the following vote:
AYES:
Councilmembers O'Connor, Genser, Mayor Pro Tern
McKeown, Mayor Feinstein
None
Councilmembers Bloom, Holbrook, Katz
NOES:
ABSENT:
2-C: Conference with Legal Counsel- Existing Litigation: Penny
Mirsky v. City of Santa Monica, Case No. SC 067123.
Motion by Mayor Pro Tem McKeown. seconded by Councilmember Genser,
to approve settlement in the amount of$97,568.61. The motion was
approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, Mayor Pro Tern
McKeown, Mayor Feinstein
None
Councilmembers Bloom, Holbrook, Katz
NOES:
ABSENT:
10
October 8, 2002
2-D: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No. 01CC04331.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel- Existing Litigation: Russell
Barnard v. City of Santa Monica, Case No. BC 281367.
ACTION:
Heard. No reportable action taken.
2-F: Conference with Legal Counsel- Existing Litigation: Nancy
Safonov v. City of Santa Monica, Case No. SC 069 591, consolidated
with Mack Turner v. City of Santa Monica, Case No. SC 069767.
ACTION:
Heard. No reportable action taken.
2-G: Conference with Legal Counsel- Existing Litigation: Eleanor
Gaver. et al.. v. City of Santa Monica, Case No. SC 070 360.
Motion by Councilmember O'Connor. seconded by Mayor Feinsteill, to
approve settlement in the amount of $40, 168. The motion was approved by
the following vote:
AYES:
NOES:
ABSENT:
Councilmembers O'Connor, Genser, Mayor Pro Tern
McKeown, Mayor Feinstein
None
Councilmembers Bloom, Holbrook, Katz
2-H: Conference with Legal Counsel- Existing Litigation: Carrie
Waters v. City of Santa Monica, Case No. SC 067 995.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to approve settlement in the amount of$17,500.00. The motion was
approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Genser, O'Connor, Mayor Pro Temc
McKeown, Mayor Feinstein
None
Councilmembers Bloom, Holbrook, Katz
11
October 8. 2002
2-1: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Two
ACTION:
Not heard.
ADJOURNMENT
On order of the Mayor, the City Council meeting was adjourned at 12:53
a.m. to October 22, 2002.
ATTEST:
~~.~~
Maria M. Stewart
City Clerk
APPROV~I?: ^\
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Michael Feinstein
Mayor
12
October 8, 2002