M-3/23/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 23, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5: 5
p.m., on Tuesday, March 23,2004, 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
Councilmember Herb Katz
Councilmember Pam O'Connor
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 5:51 p.m., with all
members present. Lucy Dyke, Transportation Planning Manager, led the
assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: The Mayor announced that Item I-D was removed from the Consent
Calendar by staff, and would not be considered.
Motion by Councilmember O'Connor, seconded by Councilmember Katz, to
approve all items on the Consent Calendar as presented, except Item I-D,
reading resolutions and ordinances 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:
MINUTES
I-A: The minutes of the February 10, and February 24,2004, City
Council meeting, were approved.
1
March 23, 2004
PURCHASE CNG-
POWERED TRUCKS
DOWNTOWN TRANSIT
MALL
TRACT MAP FOR
1027 10TH STREET
TEMPORARY
EMPLOYEES
GRANT PROGRAM
FEDERAL FUNDED
HIGHWAY PROGRAMS
PURCHASE PARKING
METERS
I-B: Purchase of two service trucks - recommendation to award Bid
No. 2865 to Los Angeles FreightIiner, in the amount of$313,253.86, to
furnish and deliver two CNG-powered service trucks for the Environmental
and Public Works Management Department, was approved.
l-C: Pedestrian Extension to Downtown Transit Mall-
recommendation to adopt Resolution No. 8331 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
CALIFORNIA DEPARTMENT OF TRANSPORTATION TO RECEIVE
GRANT FUNDS FOR THE PEDESTRIAN EXTENSION TO TIlE
DOWNTOWN TRANSIT MALL," was approved.
I-D: Final Tract Map No. 53246 for 1027 10th Street-
recommendation to adopt a resolution accepting and approving a final
subdivision map for Tract No. 53246 for a 5-unit condominium project at
1027 101b Street, was removed from consideration by staff
l-E: Contract for Temporary Employees in the Planning Department
- recommendation to authorize the City Manager to negotiate and execute
an amendment to Contract No. 8155 (CCS) with JAS Pacific Corporation,
in the amount of $250,000, for code enforcement, construction inspection
and plan check services; and amendment to Contract No. 7742 (CCS) with
Bing Yen and Associates, in the amount of$80,000, for geotechnical and
engineering geology services, was approved.
I-F: Innovative Technology Grant Program Criteria-
recommendation to approve the proposed selection criteria to be used to
evaluate applications for grants, was approved.
I-G: Resolution No. 9936 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING TIlE CITY MANAGER
TO ACT ON BEHALF OF THE CITY ON MATTERS ASSOCIATED
WITH THE ADMINISTRATION AND IMPLEMENTATION OF THE
VARIOUS FEDERALLY FUNDED IDGHW A Y PROGRAMS," was
adopted.
I-H: Purchase of parking meters recommendation to authorize the City
Manager to negotiate and execute Contract No. 8332 (CCS) with Duncan
Parking Technologies, in the amount of$1,806,305.91, for the purchase of
6,600 parking meters and associated equipment, was approved.
2
March 23,2004
SOFTWARE
MAINTENANCE
CONTRACT
1234 4m ST, 1320 4m ST
AND 1431 2ND ST
RECESS TO SPECIAL
JOINT MEETING
CLOSED SESSIONS
INSPIRATION:
CONTINUED ITEMS:
PREFERENTIAL
PARKING
1-1: Financial Management Information System maintenance
contract - recommendation to authorize the City Manager to negotiate and
execute an amendment to Contract No. 6951 (CCS), with PeopleSoft USA,
Inc., in the amount of$57,600, for annual software maintenance was
approved.
I-J: Authorization to negotiate terms and conditions for disposition
of properties located at 1234 Fourth Street, 1320 Fourth Street and
1431 Second Street, was approved.
On order of the Mayor, the City Council recessed to a joint meeting of the
Housing Authority, the Parking Authority and the Redevelopment Agency at
6:04 p.m., and reconvened at 6:05 p.m., with all members present.
On order of the Mayor, the City Council adjourned to consider closed
sessions and reconvened at 7:29 p.m. Action taken on closed sessions was
reported at the end of the meeting.
A presentation on Women's History Month, was presented by members
of the Commission on the Status of Women.
5-A: Resolution No. 9937 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AMENDING PREFERENTIAL PARKING
ZONE MM (9m STREET BETWEEN PICO AND TIIE SANTA
MONICA FREEWAY, AND MIClllGAN AVENUE, BAY STREET,
GRANT STREET, AND PACIFIC STREET BETWEEN LINCOLN
BOULEVARD AND 10m STREET) ON CURRENTLY REGULATED
BLOCKS AND AMENDING RESOLUTION 9344 (CCS)," was presented.
The following members of the public spoke generally in support of the
recommendation and offered suggestions: Christian Boyce, Robert Richards,
Paul Bailey, Brian Cayo, Peter Tigler, Lucas Morea, Cesar Morea, Kathryn
Morea, Susan Archibald, Maya Lopez, Carla Siwinski, Ana Jara and Polli
Prosser.
Motion by Councilmember Genser. seconded by Mayor Bloom, to adopt the
resolution amended to change the restrictions in the Michigan Avenue and
9th Street area to no public parking between 6 p.m. to 9 a.m. and to allow
one-hour parking for the public from 9 a.m. to 6 p.m. 7 days per week.
Motion to amend bv Mavor Pro Tern McKeown. seconded by
3
March 23, 2004
RECESS
Councilmember Feinstein, to extend allowed parking to two hours. The
motion on the amendment was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Holbrook, O'Connor,
Mayor Pro tern McKeown
Councilmember Genser, Mayor Bloom
None
NOES:
ABSENT:
The main motion, as amended, was approved by the following vote:
AYES
Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
Councilmember O'Connor
None
NOES:
ABSENT
Motion by Councilmember Feinstein. seconded by Mayor Pro Tern
McKeo~ to direct staff to look at the matter of scheduling agenda items,
and return with recommendations so that when preferential parking zones
are scheduled, they may be considered earlier in the meeting. The motion
was unanimously approved by voice vote, with all members present.
On order of the Mayor the City Council recessed at 9:37 p.m., and
reconvened at 9:46 p.m., with Councilmembers Holbrook, Genser, and Katz
absent.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2120 (CCS)
SHORT-TERM HOUSING entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 9 OF THE SANTA MONICA MUNICIPAL
CODE TO ESTABLISH A DEFINITION OF SHORT-TERM RENTAL
HOUSING, AND PROHIBITING TillS FORM OF HOUSING
. THROUGHOUT THE CITY," was presented.
PROHIBIT SMOKING
ON BEACH AND PIER
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, to adopt the ordinance, reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Holbrook, Genser, Katz
NOES:
ABSENT:
7-B: Introduction and first reading of an ordinance of the City of
Santa Monica amending Chapter 4.44 of the Municipal Code to
4
March 23, 2004
Counci/members Katz and prohibit smoking on the beach and the Pier, in waiting areas for public
Genser returned at 9:52 p.m. services and within 20 feet of an entrance or exit to a public facility,
was presented.
The following members of the public spoke in support of the ordinance: Jim
Walker, Robert Donin, Debi Austin, Garrett Snow, Robert Berger, Charley
Bell, Neil Carrey, Los Angeles City Councilmember Jack Weiss, Chris
Cappiello, Lori Kaplan" Jared Kaplan, Steven Gallegos, Kesha Ram, Alann
Reed, Andrea Aguilar, Roxanne Kubice, Erica Sutherland, Adrienne
Coffield, Colin Walkden, Phil Brock, Jeny Ruben, and Susan Frazier.
Members of the public Chuck Allord and Joe Natoli spoke in opposition of
the proposed ordinance. Member of the public Joey Fullmer, expressed
vanous concerns.
Members of the public Ben Franz-Knight, Allan Lipsky, Joanie Gordon,
Linda Sullivan, Jean McNeil Wyner, Murray Gould, and Ellen Brennan
spoke in support of exempting the Pier or of having designated areas for
smoking on the Pier.
Motion by Mayor Bloom. seconded by Mayor Pro Tern McKeo:M!, to
introduce and hold first reading of the ordinance, reading by title only and
waiving further reading thereof
Motion to amend by Councilmember Kat~ that in terms of enforcement of a
violation, there will be a period of time where all enforcement is preceded by
a warning. The motion was accepted as friendly.
Motion to amend by Councilmember Genser. seconded by Councilmember
O'Connor, that for the Pier, smoking be allowed in designated areas. The
amendment failed by the following vote:
AYES:
NOES:
Councilmembers Katz, Genser, O'Connor
Councilmember Feinstein, Mayor Pro Tern McKeown,
Mayor Bloom
Councilmember Holbrook
ABSENT:
The main motion failed by the following vote:
AYES:
Councilmembers Katz, Mayor Pro Tern McKeown, Mayor
Bloom
Councilmembers Feinstein, Genser, O'Connor
Councilmember Holbrook
NOES:
ABSENT:
5
March 23, 2004
ADMIN. ITEMS:
PRC SERVICE
AGREEMENT
Counci/member Katz was
excused at 11:52 p.m.
SUSTAINABLE TASK
FORCE
Motion by Councilmember Genser. seconded by Councilmember Katz, to
introduce the ordinance, reading by title only and waiving further reading
thereof, and amended allow smoking only in designated smoking areas. The
motion was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Mayor Pro Tern McKeown,
Mayor Bloom
Councilmembers Feinstein, 0' Connor
Councilmember Holbrook
NOES:
ABSENT:
Motion by Councilmember Katz. seconded by Councilmember Genser. that
there be a 90-day time period before fines are enforced and direct staff to
return, after working with the .Pier Restoration Corporation, with options
for the locations of the designated areas. The motion was approved by
voice vote, with Councilmember Feinstein voting in opposition and
Councilmember Holbrook absent.
8-A: Pier Restoration Corporation Services Agreement-
recommendation to approve and authorize the City Manager to execute the
proposed Services Agreement with the Pier Restoration Corporation based
on the terms and conditions summarized in the report, was presented.
There was no one present for public comment
Motion by Councilmember Feinstein. seconded by Councilmember Genser,
to approve staff recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers O'Connor, Genser, Feinstein, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Holbrook, Katz
NOES:
ABSENT:
8-B: Establishment of Sustainable City Task Force with the
appointment of eleven members from the Santa Monica Community,
was presented.
There was no one present for public comment.
.._--1
6
March 23,2004
PALISADES BLUFF
PROJECT
RECESS
COUNCIL ITEMS:
LANDMARKS
COMMISSION
RETAIL ON THE
PROMENADE
Motion by Councilmember Feinstein. seconded by Councilmember
O'Connor, to approve staff recommendation. The motion was approved by
the following vote:
AYES
Councilmembers O'Connor, Genser, Feinstein, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Holbrook, Katz
NOES:
ABSENT:
JOINT MEETING OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY:
8-C: Palisades Bluff Improvement Project - recommendation to review
information, provide feedback on proposed mitigation strategies, and if
mitigation strategies are approved, authorize staff to proceed with selection
process for a design and community outreach team and return to Council for
contract award.
On order of the Mayor, this meeting was not convened, and the matter was
continued to April 13, 2004.
On order of the Mayor, the City Council recessed at ] 1 :57 p.m., to a special
meeting of the Housing Authority, and reconvened at 11: 59 p.m., with
Councilmembers Holbrook and Katz absent.
13-A: Appointment to one special vacancy on the Landmarks
Commission for a term ending June 30, 2004.
There being no one present for public comment, the Mayor opened the floor
for nominations.
Councilmember Feinstein nominated Colin Maduzia. There being no other
nominations, Mr. Maduzia was appointed by acclamation, with
Councilmembers Holbrook and Katz absent.
13-B: Request of Council member Feinstein to direct staff to conduct
research on past trends and the current amount of formula retail on
the Promenade; to consider the definition of formula retail from the
November 11, 2003, staff report, and return to Council with
recommendations, with the process timed so that the Bayside District
can review the recommendations before returning to Council.
On order of the Mayor, this matter was continued to April 13, 2004.
7
March 23,2004
COMMISSION FOR THE 13-C: Appointment to one special vacancy on the Commission for the
SENIOR COMMUNITY Senior Community for a term ending June 30, 2007.
PERSONNEL BOARD
SOCIAL SERVICES
COMMISSION
RECREATION AND
PARKS COMMISSION
STATUS OF WOMEN
RESIGNA nON
AB 2175
On order of the Mayor, this matter was continued to April 13, 2004.
13-D: 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 April 13, 2004.
13-E: Appointment to one special vacancy on the Social Services
Commission for a term ending June 30, 2007.
On order ofthe Mayor, this matter was continued to April 13, 2004.
13-F: Appointment to one special vacancy on the Recreation and
Parks Commission for a term ending June 30,2005.
On order of the Mayor, this matter was continued to April 13, 2004.
13-G: Appointment to one special vacancy on the Commission on the
Status of Women for a term ending June 30,2005.
On order of the Mayor, this matter was continued to April 13, 2004.
13-H: Acceptance of Morton Gantman's letter of resignation from the
Commission for the Senior Community, and authorization for City
Clerk to publish vacancy.
Motion by Mayor Bloom. seconded bv Mayor Pro Tern McKeown, to
accept letter with regrets. The motion was unanimously approved by voice
vote with Councilmembers Holbrook and Katz absent.
,
13-1: Request of Mayor Pro Temp McKeown that the City oppose AD
2175 (Canciamilla) that would authorize largely unrestricted condo
conversions of existing rental housing, was presented.
Motion bv Mayor Pro Tern McKeown.. seconded by Councilmember
Feinstein, to approve request. The motion was unanimously approved by
voice vote with Councilmembers Holbrook and Katz absent.
,
8
March 23. 2004
CLOSED SESSIONS:
On order of the Mayor, the following actions were reported
2-A: Conference with Legal Counsel- Existing Litigation: Levv v.
City of Santa Monica, Case No. 063147.
ACTION. This matter was not heard
2-B: Conference with Legal Counsel- Existing Litigation: United
Rental v. Cohen, Case No. BC 309113.
ACTION
This matter was not heard
2-C: Conference with City Council, Existing Litigation: City of
Santa Monica v. Shell Oil Company, Case No. 01CC4331.
Motion by Mayor Bloom. seconded bv Councilmember Feinstein, to
approve settlement with Winall Oil Company, in the amount of $350,000.
The motion was approved by the following vote:
AYES
Councilmembers O'Connor, Genser, Feinstein, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Holbrook, Katz
NOES:
ABSENT:
2-D: Conference with Legal Counsel- Existing Litigation: Los
Angeles SMSA Limited Partnership v. City of Santa Monica, Case
No.SC 079139.
ACTION:
No reportable action taken.
2-E: Conference with Legal Counsel- Existing Litigation: SMHC v.
City of Santa Monica, Case No., Case No. SC 074683.
ACTION
No reportable action taken.
2-F: Conference with Legal Counsel- Existing Litigation: 2000
Main St. v. City of Santa Monica, Case No. SC 067899.
ACTION
No reportable action taken
9
March 23,2004
Conference with real property negotiator:
Property: 402 Colorado Avenue
City negotiator: Jeff Mathieu
Under negotiation: Acquisition of Property
Owner of Record: Sears Roebuck, Inc.
ACTION
No reportable action taken
Conference with real property negotiator:
Property: 1324 5th Street .
City negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: Beitler Properties
ACTION:
No reportable action taken
2-1 Conference with real property negotiator:
Property: 1418-1442 Fifth Street
City negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: Craig Jones LLC
ACTION:
No reportable action taken
2-J Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Two.
ACTION
No reportable action taken
2-K Conference with real property negotiator:
Property: 1234 Fourth Street
City negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: City of Santa Monica Redevelopment
Agency
ACTION:
No reportable action taken
2-L: Conference with real property negotiator:
Property: 1320 Fourth Street
City negotiator: Jeff Mathieu
10
March 23. 2004
Under negotiation: Interest in Real Property
Owner of Record: City of Santa Monica Redevelopment Agency
ACTION:
No reportable action taken
2-M: Conference with real property negotiator:
Property: 1431 Second Street
City negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: City of Santa Monica Redevelopment Agency
ACTION:
No reportable action taken
2-N: Conference with real property negotiator:
Property: 1601 14th Street
City negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: Weyerhaeuser Company
ACTION:
No reportable action taken
2-0: Conference with Legal Counsel- Existing Litigation: Southern
California Water Co. v. City of Santa Monica, Case No. SC 064682.
ACTION:
No reportable action taken
2-P: Conference with Legal Counsel- Existing Litigation: Cleveland
Wrecking v. Morley, Case No. SC 080 700.
ACTION:
No reportable action taken
2-Q: Conference with Legal Counsel- Existing Litigation: Russell
Barnard v. City of Santa Monica, Case No. 281367.
ACTION:
No reportable action taken
2-R: Conference with Legal Counsel - Existing Litigation: Robert
Holbrook and Herb Katz. et al. v. City of Santa Monica, Case No. BS
086908.
ACTION:
This matter was not heard.
11
March 23, 2004
PUBLIC INPUT:
ADJOURNMENT:
Member of the public Jerry Rubin discussed various subjects.
On order of the Mayor, the City Council meeting was adjourned at 12:09
a.m., in memory of Geraldine Chase, Maurine Brown, Leonard Vincent and
the victims of the Spanish railway bombing.
ATTEST:
\l,~.~.~
Maria M. Stewart
City Clerk
t[~
Richard Bloom
Mayor
12
March 23, 2004