M-7/22/2003
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 22, 2003
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50
p.m., on Tuesday, July 22,2003, at City Council Chambers, 1685 Main Street.
Roll Call:
Present
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7: lOp. m.)
Councilmember Herb Katz (arrived at 5:59 p.m.)
Absent:
Councilmember Pam O'Connor
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 5:50 p.m., with
Councilmembers O'Connor, Holbrook, and Katz 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.
Member of the public Joey Fullmer expressed concerns related to Item I-F.
Councilmember Genser requested Item l-L be removed from the Consent
Calendar because he has a conflict of interest with that item. On order of
the Mayor, Item l-L to be considered later in the meeting.
Motion bv Mavor Pro Tern McKeown. seconded by Councilmember
Feinstein, to approve all items on the Consent Calendar as presented except
Item l-L, reading resolutions and ordinances by title only and waiving
further reading thereof The motion was approved by the following vote:
1
July 22, 2003
MINUTES
BEACH CONCESSION
STANDS & CAFE
RETROFIT PROGRAM
USED OIL RECYCLING
HAZARDOUS WASTE
USED OIL SURVEY
STORM DRAIN
DIVERSION
AYES
Councilmembers Genser, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers O'Connor, Holbrook, Katz
NOES:
ABSENT:
I-A: The minutes of the May 13, 2003, City Council meeting were
approved, as presented.
I-B: Rental structure and lease terms for beach concession stands
and cafe - recommendation to approve the proposed rental structure and
lease term for concession stands and cafe for subsequent submission to the
State Legislature was approved.
l-C: Restaurant Water Efficiency Retrofit Program - recommendation
to authorize the City Manager to negotiate and execute Contract No. 8217
(CCS), in the amount of $9,792, with Community Partners in partnership
with Sustainable Works, to administer the restaurant water efficiency retrofit
program, was approved.
I-D: Grant applications for used oil recycling and household
hazardous waste - recommendation to adopt Resolution No. 9874 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANGER TO SUBMIT AND EXECUTE
USED OIL RECYCLING AND HOUSEHOLD HAZARDOUS WASTE
GRANT APPLICATIONS TO THE CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD," was approved.
l-E: Acceptance of grant funds for used oil recycling and social
survey services - recommendation to accept $246,400 in used oil recycling
grant funds, and to authorize the City Manager to negotiate and execute
Contract No. 8218 (CCS) with Lodestar ManagementlResearch, Inc., in the
amount of $98,468.50, to provide social survey services for the Used Oil
Survey Project and Sustainable City Plan Indicators Project, was approved.
I-F: Wilshire Boulevard and Montana Avenue Storm Drain
Diversions - recommendation to authorize the City Manager to negotiate
and execute an amendment to Contract No. 7995 (CCS) with Burns &
McDonnell, in the amount of $55,000, for additional study and design
services for the Wilshire and Montana storm drain debris removal and
diversion systems, was approved.
2
July 22, 2003
WATER
CONSERVATION
REBATE PROGRAM
SUSTAINABLE
GARDENS
I-G: Residential Water Conservation Rebate Program -
recommendation to authorize the City Manager to negotiate and execute
Contract 8219 (CCS) with the Metropolitan Water District for the
Residential Water Conservation Program, was approved.
I-H: Sustainable Gardens demonstration project at Santa Monica
City College - recommendation to authorize the City Manger to negotiate
and execute Grant Contract No. 8220 (CCS) with the Metropolitan Water
District for the City Makeover Grant to implement the project, and approve
the proposed budget changes, was approved.
WATER CONSUMPTION 1-1: Comprehensive Medical Facility Turn-Key Program for
REDUCTION reduction of water consumption - recommendation to authorize the City
Manager to negotiate and execute Contract No. 8221 (CCS) with the
California Department of Water Resources for the Comprehensive Medical
Facility Turn-Key Program Grant and budget changes, was approved.
ENVIRONMENTAL
TASK FORCE
BROKERAGE
ACCOUNTS
415 PACIFIC COAST
HIGHWAY
LOCAL CONGESTION
MANAGEMENT PLAN
I-J: Appointments to fill vacancies on the Task Force on the
Environment - recommendation to appoint two new members to fill the
vacant position on the Santa Monica Task Force on the Environment, was
approved.
l-K: Resolution No. 9875 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE ESTABLISHMENT
AND USE OF BANK AND BROKERAGE ACCOUNTS AND
UPDATING THE LIST OF PERSONS AUTHORIZED TO CONDUCT
TRANSACTIONS WITH THE STATE LOCAL AGENCY
INVESTMENT FUND," was approved.
I-M: Selective demolition and stabilization at 415 Pacific Coast
Highway (Marion Davies Estate) - recommendation to authorize the City
Manager to negotiate and execute Contract No. 8222 (CCS) with Westport
Construction, Inc., in the amount of $400,000, for demolition and
stabilization of the project, was approved.
I-N: Public hearing on Local Congestion Management Program-
recommendation to hold public hearing, receive public comment, and adopt
Resolution No. 9876 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA FINDING THE CITY TO BE IN CONFORMANCE
WITH THE CONGESTION MANAGEMENT PROGRAM AND
ADOPTING THE LOCAL IMPLEMENTATION REPORT IN
COMPLIANCE WITH THE 2002 CONGESTION MANAGEMENT
PROGRAM," was approved.
3
July 22, 2003
CALPERS SERVICE
CREDITS
CLOSED SESSIONS:
Council member Katz
arrived at 5:59 p.m.
Council member Holbrook
arrived at 7:10 p.m.
SPECIAL ITEMS:
1544 7TH STREET
Councilmember Genser
was excused at 7:50 p.m.
ADMINISTRATIVE
PROCEEDINGS:
LANTANA STUDIOS
PROJECT
Councilmember Genser
returned at 7:55 p.m.
1-0: Notification to Council regarding the cost to provide two years
additional service credit benefit with CalPERS for certain job
classifications - recommendation to receive and file information, was
approved.
On order of the Mayor, the City Council recessed at 5:55 p.m., to hear
closed sessions and reconvened at 7:37 p.m., with Councilmember
O'Connor, absent. On order of the Mayor, action taken on closed session to
be reported prior to the end of the meeting
4-A: Mayor Bloom presented a commendation to Ettore Berardinelli,
Fire Chief, upon his retirement for his dedication and service to the
City of Santa Monica.
Councilmember Genser requested to be excused at 7:50 p.m., from this
matter due to a conflict of interest.
I-L: Approval of certification of Statement of Official Action for
appeal of the Planning Commission's denial of a 17-unit condominium
development located at 1544 Seventh Street, was presented.
Motion by Mavor Pro Tern McKeown. seconded by Councilmember Katz,
to approve the Statement of Official Action as presented. The motion was
approved by the following vote:
AYES
Councilmembers Feinstein, Katz, Holbrook, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers O'Connor, Genser
NOES:
ABSENT:
6-A: Discussion of Lantana Studio Project Development Agreement
Concept Plan - recommendation that Council discuss the appropriateness
and potential public benefit of a development agreement for the project and
provide direction to staff on possible negotiating points, was presented.
The following members of the public expressed various views on the
subject: Marcia Zimmer, Michael Tarbet and Linda Sullivan.
Motion by Councilmember Genser. seconded by Councilmember Feinstein,
to explore the following issues, with emphasis on neighborhood traffic
mitigation: Staff to investigate Verizon site and if feasible, incorporate into
negotiations; promote access to public spaces on site; make
4
July 22, 2003
128 HOLLISTER
ORDINANCES
ARCHITECTURAL
REVIEW ORDINANCE
recommendations to Council regarding environmental review and timing;
review the proposal for other items that should still be part of the project;
assure maximum reduction of car trips; investigate auto access from
Olympic Boulevard; create pedestrian connections; negotiate shuttle service
linking with specified destinations; negotiate for participation in an arts
program in public schools; improve internal pedestrian orientation; and
negotiate a neighborhood protection plan that is clearly developed, identified
and obligated to completion. The motion was approved by the following
vote:
AYES
Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT
6-B: Appeal of Landmarks Commission Decision designating 128
Hollister Avenue as a City Landmark - recommendation to uphold the
decision of the Landmarks Commission to designate the Foursquare
residential structure located at 128 Hollister Avenue as a City Landmark
based on the proposed findings. Applicant: City of Santa Monica
Landmarks Commission. Appellant: Rosario Perry.
On order of the Mayor, and at the request of the Appellant, this matter was
continued to August 26, 2003.
7-A: Second reading and adoption of Ordinance No. 2089 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING THE CITY'S ARClDTECTURAL REVIEW ORDINANCE
(SECTION 9.32.180) TO IMPOSE SITE POSTING NOTIFICATION
REQUIREMENTS FOR PROJECTS SUBJECT TO ARClDTECTURAL
REVIEW," was presented.
Motion by Mayor Pro Tern McKeown.. seconded by Councilmember Katz,
to adopt ordinance, reading by title only and waiving further reading thereof
The motion was approved by the following vote:
AYES
Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT:
5
July 22, 2003
NON-CONFORMING
NEIGHBORHOOD
MARKETS
DISPLAYS IN PUBLIC
PARKS
ATM SURCHARGES
7-B: Second reading and adoption of Ordinance No. 2090 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING SECTION 9.04.14.080 OF THE MUNICIPAL CODE TO
ALLOW THE PLANNING COMMISSION, OR CITY COUNCIL ON
APPEAL, TO MODIFY THE SPECIAL CONDITIONAL USE PERMIT
STANDARDS FOR EXISTING NONCONFORMING NEIGHBORHOOD
MARKETS," was presented.
Motion by Councilmember Feinstein. seconded by Councilmember
Holbrook, 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, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT:
7-C: Introduction and first reading of an ordinance amending the
Parks Maintenance Code, Section 4.55.060, to create an exception to
the general prohibition against the installation of structures and
displays which would apply to winter displays in a portion of Palisades
Park.
On order of the Mayor, this matter was continued to a future meeting.
7-D: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA REPEALING
SECTION 4.32.040 OF THE MUNICIPAL CODE RELATED TO
AUTOMATED TELLER MACHINE SURCHARGES," was presented.
There was no one present for public comment
Motion by Councilmember Feinstein. seconded by Councilmember
Holbrook, to introduce the ordinance for first reading, reading by title only
and waiving further reading thereof The motion was approved by the
following vote:
AYES:
Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT
6
July 22, 2003
NOISE ORDINANCE
CALPERS
7-E: Introduction and first reading of an Ordinance amending the
City's Noise Ordinance, Chapter 4.12 of the Municipal Code, was
presented.
The following members of the public spoke in favor of the proposed
ordinance: Steve Francis, Mitch Lachman, Chuck Allord, Dennis Fiedle, Dan
Stuart, Maryanne Solomon, Felix Schmittdiel, Eric Schwartzman, Reina
Alvarez, and Rosan Alvarez.
The following members spoke in opposition of the proposal: Mike Gruning,
Jean McNeil Wyner, John Bahn, Jim Steurger, Kathy Dodson, Linda
Sullivan, Marlene Gordon, Joan Gordon, Sharon O'Rourke, Claire Ragge,
and Jerry Rubin.
Members of the public Nick Ingram and Jack Behr expressed concerns
regarding the effects of the proposal on schools and playgrounds.
On order of the Mayor, the public hearing was closed and discussion ensued.
After some discussion, on order of the Mayor, this matter was continued to
September 9, 2003.
7-F: Resolution No. 9877 (CCS) entitled: "RESOLUTION OF
INTENTION OF THE CITY OF SANTA MONICA TO APPROVE
AMENDMENT TO CONTRACT WITH CALPERS"; and introduction
and first reading of an ordinance entitled: "AN ORDINANCE OF THE
CITY OF SANTA MONICA AUTHORIZING AN AMENDMENT TO
THE CONTRACT BETWEEN THE CITY AND THE BOARD OF
ADMINISTRATION OF CALPERS," were presented.
Member of the public Joey Fullmer expressed various concerns.
Motion by Councilmember Feinstein. seconded by Mayor Pro Tern
McKeo~ to adopt the resolution, reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT:
7
July 22, 2003
RESOLUTIONS:
COUNCIL ITEMS:
ANNUAL
APPOINTMENTS
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 Feinstein, Katz, Genser, Holbrook, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT
II-A: Street Performer sites on the Pier - Resolution No. 9878 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
EST ABLISlllNG SIX TEMPORARY ZONES FOR STREET
PERFORMERS AND PERSONS, INCLUDING VENDORS, UTILIZING
TABLES OR CARTS FOR THE PURPOSE OF DISPLAYING OR
DISTRIBUTING GOODS, WRITTEN MATERIALS, MERCHANDISE,
OR FOOD ON THE PIER AND DESIGNATING THE NEW
LOCATIONS AS THE TEMPORARY CENTRAL PERFORMANCE
ZONE," was presented.
There was no one present for public comment
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz,
to adopt the resolution amending the ending date to December 1, 2003,
reading by title only and waiving further reading thereof The motion was
approved by the following vote:
AYES.
Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT:
13-A: Annual and special vacancy appointments to the following
boards and commissions: (Continued from July 8, 2003.)
Architectural Review Board - 1 vacancy for a term ending 06/30/07, was
continued to August 12, 2003.
Bayside District Corporation - 3 vacancies for terms ending 06/30/07, was
continued to August 12,2003.
Commission for the Senior Community - 2 annual vacancies with terms
ending June 30, 2007, 1 special vacancy with a term ending June 30, 2006,
and 1 Emeritus vacancy with a term ending June 30,2005, were continued
8
July 22, 2003
SOCIAL SERVICES
COMMISSION
PIER RESTORATION
CORPORATION
CLOSED SESSIONS
to August 12, 2003
Personnel Board - 1 annual vacancy with a term ending June 30, 2008, and 1
special vacancy with a term ending June 30,2006, were continued to August
12,2003.
On order of the Mayor, the floor was opened for nominations for one annual
vacancy with a term ending June 30, 2007.
The Mayor nominated Wilfred K.C. Lee. There being no other nominations,
Mr. Lee was appointed by acclamation.
13-B: Appointment to one special vacancy on the Pier Restoration
Corporation for a term ending November 11, 2003.
On order of the Mayor, this matter was continued to August 12,2003.
On order of the Mayor, the City Council recessed at 12:05 p.m., to continue
discussion of closed sessions and reconvened at 12:45 a.m., with
Councilmember O'Connor absent, to report the following:
2-A: Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Director of Human
Resources
Bargaining Units: Administrative Team Association
Executive Pay Plan
Public Attorney's Legal Support Staff
Union
Management Team Associates
Municipal Employees Association
Public Attorneys Union
Santa Monica Firefighters Local 1109
Supervisors Team Associates
United Transportation Union
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Jose
Navarette. et at v. City of Santa Monica, Case No. SC 072 811.
Motion by Councilmember Genser. seconded by Councilmember Katz, to
approve a settlement such that the City's bad faith rights are assigned
against the taxi company's insurance and approve a settlement of $25,000 to
9
July 22. 2003
the plaintiff The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
2-C: Conference with Legal Counsel - Existing Litigation: LADWP
ex rei Armenta v. James Jones Co., Case No. BC 173487.
Motion by Councilmember Katz. seconded bv Councilmember Holbrook. to
approve a settlement in the amount of $13 million, with the Santa Monica
share being approximately $1.74 million.. The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor
Pro Tern McKeown, Mayor Bloom
None
Council member O'Connor
2-D: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Coastal Commission. et aI., Case No. SS 011 647.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel - Existing Litigation: 2000
Main Street.!. City of Santa Monica, Case No. SC 067 899.
ACTION:
Not heard.
2-F: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No. 01CC4331.
ACTION:
Not heard.
2-G: Conference with Legal Counsel - Existing Litigation: Santa
Monica HSH. Limited Partners v. City of Santa Monica, Case No. BS
083 977.
ACTION:
Not heard.
10
July 22, 2003
~
PUBLIC INPUT:
ADJOURNMENT:
2-H: Conference with Legal Counsel - Existing Litigation: Santa
Monica Food Not Bombs v. City of Santa Monica, Case No. 03-0032
JTLX.
ACTION:
Heard. No reportable action taken.
2-1: Conference with Legal Counsel- Existing Litigation: Santa
Monica Kousin!! Council v. City of Santa Monica, Case No. SC 074
683.
ACTION:
Not heard.
2-J: Conference with Legal Counsel- Existing Litigation: Russell
Barnard v. City of Santa Monica, Case No. BC 281367.
ACTION:
Heard. No reportable action taken.
2-K: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: One.
ACTION
Heard. No reportable action taken.
There was no one present for public input
On order of the Mayor, the City Council meeting was adjourned at 12:47
a.m., in memory of all of those that lost their lives at Farmers Marker.
......
ATTES~
~ ..:~ \.t>
Maria M. Stewart
City Clerk
~"..&
APPROVED:
~~
Mayor
1
July 22, 2003