M-4/27/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRa 27, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5: 50
p.m., on Tuesday, April 27, 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 7:30 p.m.
Councilmember Herb Katz
Councilmember Pam O'Connor
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
Acting City Clerk Melodi Pearson
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:50 p.m.,
with Councilmember Holbrook absent. Kathryn Engel, Transit
Customer Relations Manager, 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 Fuller and Pro Se expressed opinions
on Consent Calendar items.
Atthe request of Mayor Pro Tern McKeown Item I-B was
removed from the Consent Calendar. At the request of
Councilmember Genser requested Items I-D and I-F were
removed from the Consent Calendar. At the request of
Council member Katz Item I-G was removed from the Consent
Calendar.
April 27, 2004
MINUTES
Motion by Councilmember Feinstein. seconded by Councilmember
Katz, to approve all items on the Consent Calendar as presented
except Items I-B, I-D, I-F and I-G, reading resolutions and
ordinances by title only and waiving further reading thereof The
motion was approved by the following vote:
AYES
Councilmembers O'Connor, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor
Bloom
None
Councilmember Holbrook
NOES:
ABSENT:
I-A: The minutes of the March 9,2004, City Council meeting
were approved as submitted.
STREET IMPROVEMENT I-C: Federal Street Improvement Project, Phase IV -
PROJECT, PHASE IV recommendation to authorize the City Manager to negotiate and
execute Contract No. 8337 (CCS) for the project with Silvia
Construction, Incl., in the amount of$3I8,207; authorize the City
Manager to negotiate and execute Contract No. 8338 (CCS) for
construction management with DMR Team in the amount of
$40,000; and, approve appropriation offunds as proposed, was
approved.
WATER EFFICIENCY
COMPETITIVE GRANT
PROGRAM
MAINLINE TRUCK
CALIFORNIA OFFICE
OF TRAFFIC SAFETY
GRANT FUNDS
I-E: Criteria for Water Efficiency Competitive Grant
Program - recommendation to approve the criteria for the Water
Efficiency Competitive Grant Program to help fund exterior water
efficiency projects throughout the community, was approved.
I-H: Purchase of one mainline truck for tools and equipment
- recommendation to reject other bid and award Bid No. 2866 to
Los Angeles Freightliner, in the amount of$I27,809.70, for one
mainline truck for the Water Division, was approved.
1-1: Acceptance of grant funds from California Office of
Traffic Safety - recommendation to accept $28, 488 of California
Office of Traffic Safety (OTS) Seat Belt Compliance Campaign
mini-grant funding; authorize the City Manager to execute a
revised grant agreement with OTS to accept the grant funds and
continue the California Seat Belt Compliance Campaign; and
approve the appropriation of funds, as proposed, was approved.
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April 27, 2004
COPS GRANT FUNDS
I-J: Designation of uses for COPS grant funds -
recommendation to approve the proposed uses for $312,770 of
State Citizens' Option for Public Safety (COPS) funds~ approve
acquisition of fifty new mobile data computers from Motorola, Inc.,
on a sole source basis~ and approve the appropriation of funds, as
proposed, was approved.
1301 4th STREET, 13334th l-K: Authorization to negotiate terms and conditions for
STREET AND 1324-26 5th possible purchase of real properties located at 1301 4th Street,
STREET 13334th Street, and 1324-26 SU' Street, was approved.
SKATE PARK
I-B: Skate Park at Memorial park Contract -
recommendation to activate phase II of Design-Build Contract No.
8192 (CCS) with California Skate Parks, in the amount of
$458,750, plus $46,250 in contingency, for construction of the
Skate Park at Memorial Park, was presented.
Mayor Pro Tern McKeown stated that he removed this item from
the Consent Calendar to ask if the design was being approved at
the same time as the contract.
Staff responded to Mayor Pro Tern's question and provided
additional information.
Motion by Councilmember Feinstein.. seconded by Councilmember
O'Connor, to approve staff recommendation. The motion was
approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser,
O'Connor, Mayor Pro Tern McKeown, Mayor
Bloom
None
Councilmember Holbrook
NOES:
ABSENT:
DIAL-A-RIDE
CONTRACT
I-D: Dial-A-Ride Contract - recommendation to reject other
bids and award Bid No. 2870 to Transportation Concepts at
specified prices and authorize the City Manager to execute a three-
year Contract No. 8339 (CCS) with Transportation Concepts to
provide Dial-A-Ride paratransit services, was presented.
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April 27, 2004
POLICE SEDANS
BUS ADVERTISEMENT
SERVICES
Councilmember Genser stated that he pulled this item to discuss the
bid process. Staff responded to Councilmember Genser's
questions.
Motion by Councilmember Feinstein.. seconded by Councilmember
Kag, to approve staff recommendation. The motion was approved
by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser,
O'Connor, Mayor Pro Tern McKeown, Mayor
Bloom
None
Councilmember Holbrook
NOES:
ABSENT
I-F: Purchase of Police sedans - recommendation to award Bid
No. 2876 to Villa Ford, in the amount of$198,422.16, to furnish
and deliver nine gasoline powered sedans for the Police
Department, was presented.
Councilmember Genser stated that he pulled this item just to make
a statement and about possibly incorporating the City's graphic
identity into the design on the car. Staff was directed to look into
the cost and the possibility of incorporating the City's graphic on
the design of unmarked police administrative cars.
Motion by Councilmember Genser. seconded by Mayor Pro Tern
McKeown. to approve staff recommendation. The motion was
approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser,
O'Connor, Mayor Pro Tern McKeown, Mayor
Bloom
None
Councilmember Holbrook
NOES:
ABSENT:
1-G: Bus Advertisement Services - recommendation to award
Bid No. 2872 to 1. Perez Associates, Inc., in the amount $451,691,
to provide bus advertisement posting services and on-board
schedule rack stocking; and to authorize the City Manager to
negotiate and execute a three-year Contract No. 8340 (CCS), was
presented.
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Avril 27. 2004
EMERGENCY ITEM
ADDED TO CLOSED
SESSION
CLOSED SESSIONS:
Counci/member Holbrook
arrived at 7:30 p.m.
Councilmember Katz stated that he pulled this Item because he
wanted clarification from staff of whether or not the City is
spending money or taking in revenue. Staff responded that the City
would be taking in revenue.
Motion bv Councilmember Katz. seconded by Councilmember
Genser. to approve staff recommendation. The motion was
approved by the following vote:
AYES:
Councilmembers O'Connor, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor
Bloom
None
Councilmember Holbrook
NOES:
ABSENT:
The City Attorney requested that the City Council take a vote to
add an emergency item to Closed Sessions.
Motion by Councilmember Genser. Seconded by Councilmember
O'Connor, to add an emergency item, City of Santa Monica vs.
Southern cat Water. Case No. SC 064 682, to Closed Sessions.
The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor
Bloom
None
Councilmember Holbrook
NOES:
ABSENT:
On order of the Mayor, the City Council recessed at 6:25 p.m. and
reconvened'to the reffillar meeting at 7:45 p.m., with all members
present, to' report the'rollowing: , ' .' "
2-A: Conference with real property negotiator:
Property: 160114th Street
City negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: Weyerhaeuser Company
ACTION:
Heard. No reportable action taken.
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April 27, 2004
2-B: Conference with real property negotiator:
Property: 1310 11th Street
City negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: SMMUSD
ACTION:
Not heard.
2-C: Conference with real property negotiator:
Property: 1707 - 1717 4th Street
City negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: SMMUSD
ACTION
Not heard.
2-D: Conference with real property negotiator:
Property: 1631 - 1651 16th Street and
1630 - 1648 17th Street
City negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: SMMUSD
ACTION
Not heard.
2-E: Conference with real property negotiator:
Property: High School Property @ 4th & Pico
City negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: SMMUSD
ACTION:
Not heard.
2-F: Conference with Legal Counsel- Existing Liti~ation:
Karen King v. City otSanta Monica, Case No. BC 291272.
ACTION:
Heard. No reportable action taken.
2-G: Conference with Legal Counsel - Existing Litigation:
City of Santa Monica v. Shell Oil Co., Case No. 01CC4331.
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April 27, 2004
Council member Holbrook
was excused at 7:48 p.m.
Coullcilmember Holbrook
returned at 7:53 p.m.
Councilmember Holbrook excused himself from this vote due a
possible conflict of interest in this item due to his ownership of
stock in the company.
Motion by Mavor Pro Tern McKeown. seconded by
Councilmember O'Connor, to approve settlement in the amount of
$3,550,000. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser,
O'Connor, Mayor Pro Tern McKeown, Mayor
Bloom
None
Councilmember Holbrook
NOES:
ABSENT:
2-H: Conference with Legal Counsel- Existing Litigation:
David Levy. et al. v. City of Santa Monica, Case No. 063147.
ACTION:
Not heard.
2-1: Conference with Legal Counsel- Existing Litigation:
Robert Holbrook and Herb Katz v. City of Santa Monica.
Case No. BS 086 908.
ACTION:
Not heard.
2-J: Conference with Legal Counsel - Existing Litigation:
Russell Barnard v. City of Santa Monica, Case No. BC 281
367.
ACTION:
Not heard.
2-K: Conference with Legal Counsel - Anticipated
Litigation. Number of cases: One.
ACTION:
Heard. No reportable action taken.
2-L: Conference with Legal Counsel - Existing Litigation:
Amalia Hernandez v. City of Santa Monica, Case No. SC 078
840.
ACTION
Heard. No reportable action taken.
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April 27, 2004
EMERGENCY CLOSED
SESSION ADDED
SPECIAL AGENDA
ITEMS
STUDY SESSION:
PALISADES BLUFF
IMPROVEMENT
PROJECT
2-M: Conference with Legal Counsel - Existing Litigation:
Southern California Water v. City of Santa Monica, Case No.
SC 064682.
Motion by Councilmember Feinstein, seconded by Councilmember
O'Connor. to approve settlement as follows:
In satisfaction of a settlement agreement previously agreed to in
March 2002, the City agrees to purchase Southern California
Water Company's Charnock Basin water rights and its MTBE
litigation claims in the amount of$ 5,650,000.00. The motion was
approved by the following votes:
AYES:
Councilmembers O'Connor, Holbrook, Genser,
Katz, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT
Motion by Councilmember Feinstein. seconded by Councilmember
Katz, to authorize the City Manager to negotiate and execute
contracts associated with this settlement. The motion was
unanimously approved by voice vote with Councilmember
Holbrook abstaining.
3-A: Fire Chief Hone presented Commendations to Clarence
Crites and Mary Ruth Newman, Santa Monica residents, for their
intervention in assisting a heart attack victim.
3-B: The Mayor issued a proclamation declaring May 2004 as
Older American 's Month in the City of Santa Monica.
On order of the Mayor, the regular City Council meeting recessed
at 8:00 p.m., and convened to a special joint meeting with the
Redevelopment Agency, with all members present.
SPECIAL JOINT MEETING OF THE CITY COUNCIL AND
THE REDEVELOPMENT AGENCY:
4-A: Palisades BlutT Improvement Project - study session
describing findings of geotechnical study for the project and
presentation of mitigation strategies, was presented.
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April 27, 2004
ADJOURNMENT OF
JOINT MEETING
ORDINANCE:
SMOKING ORDINANCE
Members of the Public Joey Fullmer and Rob Rader expressed
vanous concerns.
Motion by Councilmember O'Connor. seconded by
Councilmember Katz, to receive and file information. The motion
was unanimously approved by voice vote, with all members
present.
On order of the Mayor, the Special Joint Meeting was adjourned at
8:32 p.m., and the regular City Council meeting was reconvened
with all members present.
7-A: Second reading and adoption of Ordinance No. 2122
(CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 4.44 OF THE SANTA MONICA
MUNICIPAL CODE ON SMOKING TO PROHIBIT
SMOKING ON THE BEACH AND THE PIE~ IN WAITING
AREA FOR PUBLIC SERVICES AND WITHIN 20 FEET OF
AN ENTRANCE OR EXIT TO A PUBLIC FACILITY," was
presented.
Motion by Mayor Pro Tern McKeown. seconded by
Councilmember Genser. to adopt ordinance, reading by title only
and waiving further reading thereof The motion was approved by
the following vote:
AYES
Councilmembers Holbrook, Genser, Katz, Mayor
Pro Tern McKeown, Mayor Bloom
Councilmembers O'Connor, Feinstein
None
NOES:
ABSENT:
Councilmember Feinstein stated for the record, that he voted in
opposition of the ban this time and that while he has supported
other community smoking bans, in this case he doesn't think that
staff made the connection of windy beaches and wide open spaces,
and between one person's smoke and the effects on the next
person.
Motion by Councilmember Katz.. seconded by Councilmember
Genser to direct staff to prepare a resolution outlining items
discussed during the meeting as follows: 1) allow smoking in the
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April 27, 2004
ZONING AND VENDING
ORDINANCE:
RESOLUTION
AMENDING BA YSIDE
SPECIFIC PLAN
LAND USE PERMITS
designated outdoor dining areas of Pier restaurants; 2) designated
areas on the Pier be approved by the Fire Marshal and be
constructed in a fire resistant manner; 3) that Pacific Park, when
holding a special event, be exempt from the ban on smoking as long
as the smoking is done in designated area assigned by the PRC,
close to or in the Park; 4) smoking by actors as part of their roles in
productions being filmed on the Pier be exempt; 5) that the
resolution be returned to Council within the ordinance 30 day
waiting period; 6) that the ordinance goes into effect when the
designated areas in the resolution are approved by Council; 7) and,
that enforcing the ban start after the 90-day education/warning
period ends. The motion was unanimously approved by a voice
vote, with all members present.
7-B: Introduction and first reading of an ordinance
amending the Zoning Ordinance; introduction and first
reading of an ordinance amending Municipal Code Section
6.36 regarding vending: and adopt a resolution amending the
Bayside Specific Plan, as recommended by the Promenade
User Task Force, was presented.
On order of the Mayor, this item was continued to a future
meeting.
7-C: Introduction and first reading of an ordinance of the
City of Santa Monica Amending Chapter 9 of the Municipal
Code to conform the City's hearing and processing
requirements for discretionary land use Permits with the
California Permit Streamlining Act and to modify or clarify
the time for issuing temporary use permits and administrative
approvals and adding Chapter 9.64 to establish a procedure
for appealing certain environmental determinations to the City
Council, was presented.
On order of the Mayor, this item was continued to a future
meeting.
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April 27, 2004
STAFF ITEMS:
BIG BLUE BUS
FACILITY EXPANSION
8-A: Big Blue Bus Facility Expansion - recommendation that
Council approve the revised Expansion Plan for the Big Blue Bus
Campus Expansion Project, was presented.
Members of the public Joey Fullmer and Chuck Allord spoke in
opposition to this project.
Motion bv Mayor Bloom. seconded by Councilmember Katz, to
approve staff recommendation with specific direction to pay
particular attention to the aesthetic and the ingress and egress on
7111 Street, taking into consideration comments made by the
Councilmembers regarding the aesthetic. 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:
ABSENTS:
WRITTEN I2-A: Request from Jerry Rubin to address Council
COMMUNICATIONS: requesting that closed sessions be held on a different day from
CLOSED SESSION TIME the regularly scheduled Council meeting, was presented.
COUNCILMEMBER
ITEM:
FORMULA BUSINESS
BOARDS &
COMMISSION
REPORTS:
FORMULA BUSINESS
On order of the Mayor, this item was received and filed.
I3-A: 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 s that the Bayside District can review the
recommendations before returning to Council, was presented.
On order of the Mayor, item lOA to be heard concurrently with this
item.
lO-A: Request from Bayside District to discuss formula
business on the Promenade, was presented.
Members of the public John Warfel, Wally Marks, Bill Tucker,
Johannes Van Tilberg, and Ned Landin spoke in support offormula
I
April 27, 2004
retail. Members of the public Rob Rader, Jerry Rubin, Janet
Morris, Linda Piera-Avila, and Gary Stewart expressed additional
concerns including but not limited to more parking, more security,
and additional bathrooms on the Promenade.
Member of the public Jerry Rubin expressed various concerns
regarding bringing the Police Substation back and having more
family uses on the Promenade.
Motion by Councilmember Feinstein. seconded by Mayor Pro Tern
McKeo~ to approve staff recommendations amended to add
recommendations including but not limited to an upward threshold
of the amount of retail devoted to formula business, a conditional
use permit process to approve formula retail, the ability to use
public spaces to advance the goal of a balance of uses in the
downtown area, and other formula business ideas that are
advancing by either the Bayside District or members of the public.
The motion was approved by the following votes:
AYES:
Councilmembers Genser, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
Councilmembers O'Connor, Holbrook, Katz
None
NOES:
ABSENTS
On order of Mayor Bloom, staff was directed 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.
Councilmember O'Connor stated for the record that she voted in
opposition because she feels that formula business really needs to
be integrated into the land use element and because the issue is
bigger than Bayside, and that Council needs to look into formula
business in terms of the commercial corridor of Santa Monica.
Councilmember Katz stated for the record that he'd like for his
"no" vote to reflect exactly what Councilmember O'Connor said,
plus the fact that the City Council is voting on something the
Councilmembers don't even know if the City has the funds for.
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April 27, 2004
COMMISSION FOR THE 13-B: Appointment to one special vacancy on the
SENIOR COMMUNITY Commission for the Senior Community for a term ending June
30,2007 and appointment to a second special vacancy, for a
Council member Holbrook term ending June 30, 2007.
was excused at 12:05 a.m.
On order of the Mayor, this item was continued to May , 2004
PERSONNEL BOARD
13-C: 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 item was continued to May 1,2004
SOCIAL SERVICES
COMMISSION
13-D: Appointment to one special vacancy on the Social
Services Commission for a term ending June 30,2007.
On order of the Mayor, the floor was opened for nominations for
the term ending June 30,2007.
Mayor Bloom nominated Marizsa Bravo. There being no other
nominations, Marizsa Bravo was appointed by acclamation with
Councilmember Holbrook absent.
PLAYA VISTA PHASE n 13-E: Request of Mayor Pro Tem McKeown to authorize
City of Santa Monica response to the Playa Vista Phase II
("Village") Enviommental Impact Report, was presented.
Members of the public Linda Piera-Avila and Kathy Knight spoke
in support of the request.
Motion by Mayor Pro Tern McKeown. seconded by Mayor Bloom
to approve staff recommendation. The motion was unanimously
approved by voice vote, with Councilmember Holbrook absent.
SCHOOL FUNDING
13-F: Request of Mayor Bloom for an update from staff on
school funding discussions and possible direction to the City's
Liaison Committee members, was presented.
Members of the public John Deasy, Jose Escarce and Brian
Hutchings expressed various concerns.
On order of the Mayor, the information was received and filed
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April 27, 2004
PUBLIC INPUT:
ADJOURNMENT:
Member of the public Pro Se discussed matters related to honoring
our troops. Member of the public Ned Landin discussed matters
related to street performers. Member of the public Brian Hutchins
expressed various opinions.
On order of the Mayor, the City Council meeting adjourned at
1:32 a.m., in memory of Wilma Leon.
ATTEST:
Wadtl~
Melodi A. Pearson
Acting City Clerk
YP~~VED
'\ ~~-~
Richard Bloom
Mayor
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April 27, 2004