Loading...
M-8/12/2003 CITY OF SANTA MONICA CITY COUNCIL MINUTES AUGUST 12, 2003 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:55 p.m., on Tuesday, August 12,2003,2003, 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 7:00 p.m.) Councilmember Pam O'Connor (arrived at.6:08 p.m.) Absent: Councilmember Herb Katz Also Present City Manager Susan McCarthy Assistant City Attorney Joseph Lawrence City Clerk Maria M. Stewart CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:55 p.m., with Councilmembers Holbrook, O'Connor and Katz 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. Motion by Councilmember Genser. seconded by Councilmember Feinstein. to approve all items on the Consent Calendar as presented, reading resolutions and ordinances by title only and waiving further reading thereof The motion was approved by the following vote: AYES Councilmembers Feinstein, Genser, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Holbrook, O'Connor, Katz NOES: ABSENT. MINUTES I-A: The minutes of the May 20, May 27, May 28, May 29, and June 10, 2003, City Council meetings were approved as submitted. August 12,2003 WATER MAIN REPLACEMENT LOBBYING SERVICES CALPERS SERVICE CREDIT CALPERS - MEDICAL HOSPITAL CARE ACT CLOSED SESSIONS: Council member 0 'Connor arrived at 6:08 p.m. Council member Holbrook arrived at 7:00 p.m. ADMIN. MATTERS: 2800 LINCOLN BLVD. I-B: 2002/2003 Water Main Replacement Project - recommendation to authorize the City Manager to negotiate and execute a Contract No. 8223 (CCS) with P&J Utility Company, in the amount of$I,516,154, for construction of the project; and negotiate and execute Contract No. 8224 (CCS) with Black & Veatch, in the amount of $170,000, for construction management services for the project, was approved. l-C: Provision of lobbying services in Washington, D.C.- recommendation to authorize the City Manager to negotiate and execute Contract No. 8225 (CCS) with The Ferguson Group, in the amount of $63,600, for lobbying services, was approved. I-D: Resolution No. 9879 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA TO GRANT ANOTHER DESIGNATED PERIOD FOR TWO-YEARS ADDITIONAL SERVICE CREDIT FOR CERTAIN CLASSIFICATIONS WITH CALPERS," was adopted. l-E: Resolution Nos. 9880 (CCS) (miscellaneous employees) 9881 (CCS) (elected officials) and 9882 (CCS) (firefighters) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA WITHDRAWING FROM PARTICIPATION AND CEASING TO BE SUBJECT TO THE CALPERS PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT," were adopted. On order of the Mayor, the City Council recessed at 6:08 p.m., to hear closed sessions and reconvened at 7:24 p.m., with Councilmember Katz absent. Action taken on closed sessions to be reported before the end of the meeting. 6-A: Appeal of Planning Commission's decision on project at 2800 Lincoln Boulevard relative to existing car wash operations - recommendation to deny appeal and uphold the Planning Commission's decision to deny a zone change, text amendment, and conditional use permit to rezone an OP2 lot to an OP2A Designation and to amend the Municipal Code to allow Canopy Structures, Temporary Parking and Wipe-down areas in support of existing car wash operations, subject to a CUP based upon the proposed findings, was presented. Caleb Grodosky, representing appellant, spoke in support of the project and the appeal. 2 iii!!!1iiiI August 12, 2003 Member of the public Joey Fullmer expressed various concerns regarding the project. Member of the public Linda Stracker spoke in opposition of the project. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser, to deny the appeal. The motion was approved by the following vote: AYES NOES: ABSENT: ORDINANCES: ATM SURCHARGES Councilmembers O'Connor, Holbrook, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz 7-A: Second reading and adoption of Ordinance No. 2091 (CCS) 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. 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: NOES: ABSENT: Councilmembers Feinstein, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz CALPERS AMENDMENT 7-B: Second reading and adoption of Ordinance No. 2092 (CCS) 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," 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: NOES: ABSENT: Councilmembers O'Connor, Holbrook, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz 3 August 12,2003 YWCA SPECIAL JOINT MEETING WITH THE REDEVELOPMENT AGENCY: OPCC RECESS 7-C: Introduction and first reading of an ordinance to add Section 9.04.02.030.718 to the Municipal Code to establish a zoning ordinance definition for a Supervised Residential and Educational Facility for young adults emancipated from foster care and to add Section 9.04.08.02.050(b) to allow the use in the R-l Single Family Residential District subject to a Conditional Use Permit. On order of the Mayor, this matter was continued to August 26, 2003 On order of the Mayor, the regular City Council recessed at 7:55 p.m., to a joint meeting with the Redevelopment Agency, with Councilmember Katz absent. 8-A: Ocean Park Community Center - recommendation that the City Council and the Redevelopment Agency approve a housing trust fund loan and grant to Ocean Park Community Center (OPCC), in the amount of $7,397,112, for the acquisition and rehabilitation of the real property located at 1751 Cloverfield Boulevard for temporary housing for low income persons, and adopt Resolution No. 9883 (CCS) and Resolution No. 484 (RAS) entitled: "A RESOLUTION FINDING THAT THE HOUSING PROJECT IS OF BENEFIT TO THE OCEAN PARK REDEVELOPMENT PROJECT AREAS"; and that the City Council authorize the City Manager to negotiate and execute Relocation Agreement No. 8226 (CCS) between the Big Blue Bus and the OPCC, in the amount of $1,800,000; and discussion ofaltematives, including Redevelopment Agency and City ownership and other potential OPCC locations, was presented. On order of the Mayor, the City Council recessed at 9:36 p.m. and reconvened at 9:46 p.m., with Councilmember Katz absent. The following members of the public spoke in support of the recommendation: Sandy Banks, Mary Johnson, Cheryl Martin, Cheri Hill, Linda Smith, Tony Mason, Lance Martin, Irene Zivi, Liz Farer, Christine Ertezek, Jamal Gallow, Margarita Gonzalez, Bruce Rankin, Geoffrey Gilbert, Renee Buchanan, Candace Crowley, Nancy Firth, Catita Person, Chuck Lindner, Natalie Preciado, Vivian Rothstein, Mary Phillips, Alan Strauss, Abby Arnold, James Rosenblum, Leslie McIntosh, Tristan Taylor, Cindy Buchall, Martha Quesada, Ron8;ld Cabrel, Larry Arnstein, Steaven Jones, Donna Gentra, Susan Richmann, Arva Stanton, Gary Richard, Susan Frazier, Daphne Dennis, Karen Bauer, Christie Coho, Pat Sinclair, Michelle Pritchard, Andrew Parker, Michael Logue, Laurie Newman, Debby Maddis, Lisa Gamble, Ann Peterson, Kathy Douglas, Pamela Armstrong, Linda 4 August 12, 2003 Armstrong, Edith Mendez, Bruria Finkel, Mar Preston, Elizabeth Ballmer, Rich Peters, Candy Arnold, Josefina Aranda, Anysha Khan, Ana M. Jara, Sandie Richards, and Jerry Rubin. The following members of public spoke in opposition to the recommendation: Lisa Melandin, Joey Fullmer, David Luce, Karen Comegys, John Reynolds, Andy Buchall, John Petz, Megan Massock, Susan Schomburg, Frank Lloyd, Richard Tuttle, chuck Allord, Dennis Ficker, Mike Grunning, Patricia Dawson, Bob Riddle, R. Kernochan, Barbara Kernochan, Frank Fraser, Matt Millen, Art Casillas, Susan Bellows, Rick Williams, Emmalie Hodgin, Clyde Smith, Rae Archibald, Jamie Kelso, J. V. Townsend, Alejandro Rodriguez, Mary Cornejo, Cristina Lizarra, Ana Jara, Pete Tigler, Janet Krelle, Nicole Von Riesen, Laura Pasquale, Susan Archibald, Cheri Dickinson, Theresa Lussotti, Beverly Danaloff, Juan Padilla, Don Gray, Maria Luna Loya, Irma Carranza, Maria Vivanco, Laverne Ross, Christian Boyce, and Kathryn Morea. RECESS On order of the Mayor, the City Council recessed at 1:00 a.m. and reconvened at 1: 10 a.m., with Councilmember Katz absent. Motion by Councilmember Feinstein.. seconded bv Mayor Bloom, to adopt Resolution No. 9833 (CCS), reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers O'Connor, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Holbrook Councilmember Katz NOES: ABSENT: Motion by Councilmember Feinstein.. seconded by Councilmember Genser, to approve the shelter housing at Cloverfield site and the access center at the Big Blue Bus, staff to look at options for other affordable housing, including housing opportunities for youth from the Pico Neighborhood at the Cloverfield site and possible other locations including the Big Blue Bus; and staff to conduct broad outreach to all portions of the community and interested parties. The motion was approved by the following vote: AYES Councilmembers Feinstein, Genser, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Holbrook Councilmember Katz NOES: ABSENT: 5 August 12,2003 Counci/member Holbrook was excused at 2:38 a.m. Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to approve option outlined in supplemental staff report, page 5, providing the loan-grant to OPCC with OPCC immediately conveying the property to the Redevelopment Agency, and the Agency would lease the property back to OPCC for a 55-year term, modified to indicate that the City has an option to acquire the property after 55 years; to direct staff to schedule the required public hearing and publish the necessary notices on the use of Redevelopment Agency funds for the long term lease involved. The motion was approved by the following vote: AYES Councilmembers O'Connor, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Holbrook Councilmember Katz NOES: ABSENT Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, that the financing be $400,000 from TORCA, $800,000 if possible from HOME, and the remainder from Redevelopment Agency funds, with the financing structure maintaining maximum flexibility on the affordable housing component. The motion was approved by the following vote: AYES: Councilmembers Feinstein, O'Connor, Genser, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Holbrook Councilmember Katz NOES: ABSENT: Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to approve up to $1.8 million in Big Blue Bus funds for relocation costs. The motion was approved by the following vote: AYES Councilmembers O'Connor, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Holbrook Councilmember Katz NOES: ABSENT: Motion bv Mayor Bloom. seconded by Councilmember Feinstein, to direct staff that a committee, task force, or some other entity be formed to confer on a very regular basis with staff and with OPCC and that all stakeholders be included in the entity. The motion was approved by voice vote, with Councilmembers Katz and Holbrook absent. 6 August 12, 2003 ADJOURNMENT OF SPECIAL MEETING CIVIC CENTER PARKING STRUCTURE COUNCIL ITEMS: ANNUAL APPTS. PIER RESTORATION CORPORATION LANDMARKS COMMISSION Motion by Mayor Bloom. seconded by Councilmember Feinstein, to direct staff to report how the City is responding to businesses and residents complaints regarding homeless activities and issues.. The motion was approved by voice vote, with Councilmembers Katz and Holbrook absent. On order of the Mayor, the special joint meeting adjourned at 2:45 a.m., and the regular City Council reconvened with Councilmembers Holbrook and Katz absent. 8-B: Civic Center Parking Structure Community Meeting Room - recommendation that Council direct the placement of a partially isolated community meeting room at the street level of the proposed Civic Center Parking Structure. On order of the Mayor, this matter was continued to August 26,2003. 13-A: Annual and special vacancy appointments to the following boards and commissions: (Continued from July 22,2003.) Architectural Review Board: On order of the Mayor, this matter was continued to August 26, 2003. Bayside District Corporation: On order of the Mayor, this matter was continued to September 9, 2003. Commission for the Senior Community: On order of the Mayor, this matter was continued to September 9,2003. Personnel Board: On order of the Mayor, this matter was continued to September 9, 2003. 13-B: Appointment to one special vacancy on the Pier Restoration Corporation for a term ending November 11, 2003. On order of the Mayor, the floor was opened for nominations. Councilmember Genser nominated Cindy Bendat. There being no other nominations, Ms. Bendat was appointed by acclamation with Councilmembers Katz and Holbrook absent. 13-C: Appointment to one special vacancy on the Landmarks Commission for a term ending June 30, 2005. On order of the Mayor, this item was continued to September 9,2003 7 August 12,2003 CLEAR SKIES INITIATIVE SOCIAL SERVICES COMMISSION PROPOSITION 54 13-D: Request of Councilmember Feinstein to oppose the Bush Administration's "Clear Skies Initiative" that would weaken clean air health and environmental protections, was presented. Motion by Councilmernber Feinstein. seconded by Councilmember O'Connor, to approve.request. 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: 13-E: Acceptance of Brian Andrews' letter of resignation from the Social Services Commission, and authorization for the City Clerk to publish the vacancy, was presented. Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to accept, with regrets. 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: 13-F: Request of Mayor Pro Tern McKeown that the Council place the City of Santa Monica on record in opposition to California Proposition 54 on the October 7 baUot, the Classification by Race, Ethnicity, Color or National Origin measure sponsored by Ward Connerly, which would adversely affect Santa Monica human service agencies' ability to collect data for administering social programs, was presented. M~mber of the public Linda Piera-Avila spoke in support of the request Motion by Mayor Pro Tern McKeown. seconded bv Councilmember Feinstein, to approve request. The motion was approved by the following vote: AYES: Councilmernbers O'Connor, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Holbrook, Katz NOES: ABSENT: 8 August 12,2003 RECYCLING OF 13-G: Request of Mayor Pro Tem McKeown that the Santa Monica City HAZARDOUS MATERIAL Council support SB 20 (Sher), requiring producers of electronic devices to develop and finance a program for the recycling of hazardous materials contained therein, and that Santa Monica's support. be promptly communicated to appropriate state legislators and Governor Davis,. was presented. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Feinstein, to approve request. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom None Councilmembers Holbrook, Katz NOES: ABSENT: CLOSED SESSION: On order of the Mayor, Assistant City Attorney Lawrence reported the I following action on closed sessions: 2-A: Conference with Legal Counsel - Existing Litigation: Olive Karony v. City of Santa Monica, Case No. SC 074153. ACTION: Not heard. 2-B: Conference with Legal Counsel- Existing Litigation: Peter Boules v. City of Santa Monica, Case No. SC 074 042. Motion by Councilmember Feinstein. seconded by Councilmernber Genser, tOI approve a settlement in the amount of $50,000. The motion was approved by the following vote: AYES: Councilmembers Feinstein, Genser, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Katz, Holbrook NOES: ABSENT: 2-C: Conference with Legal Counsel- Existing Litigation: Cathy Rudy v. City of Santa Monica, Case No. SC 074 803. ~ 9 August 12,2003 ~ ~ ~", t, "-~ " ~~ f#;1!.!o . . \iB1?'.. I.' ..l,'.I!L*,;<~.,'" ~ ,..."j;"'~.,' ",,,:W;'W. ." !(t.",,' ~, ,,,,_,~,'"., ~'::~~,.b.'<"" ' " , ' ........,... ,i1.u~h~~";';~ '" " ' .i ~ ~ '" ~ ~_.~- -- ~tJy~lmemberFein!lt~~('~~~tc) appi'OVfJ"'ement in the amount ofS165.000~ The JbOtioa was ~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: Santa Monica HSR. Limited v. City of Santa Monica, Case No. BS 083 977. ACTION: Heard. No reportable action taken. 2-E: Conference with Legal Counsel- Existing Litigation: 2000 Main Street v. City of Santa Monica, Case No. SC 067 899. ACTION: Not heard. 2-F: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. SC 074 683. ACTION: Not heard. 2-G: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. California Coastal Commission. et a1., Case No. SS 011 647. Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to approve a settlement with the Embassy Building, as follows: By Septernber 8,2003, the Embassy will file an application to nominate the Embassy Building as a historic building and pay the filing fee of $517.50. The City will process this application and conduct the necessary hearings thereon. 2. The City and Embassy will resolve the logistics of how many permits each unit is entitled to and the procedure for lost permits. 3, The Embassy will not participate in the City's pending J~wsuit against the Coastal Commission, and the City shall agree to issue parking permits to the Embassy as long as the current Preferential Parking Zone is in effect and as long as the Embassy is a landmark. 10 August 12,2003 PUBLIC INPUT: ADJOURNMENT: 4. Before October 30, 2003, the City Rent Control Board and the Embassy shall meet to discuss possible legislative changes to the Landmarks Ordinance. .......'WU ...oWj"'''~vo.te: AYES Councilmember O'Connor, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Holbrook, Katz NOES: ABSENT: 2-H: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. SheD Oil Co., Case No. 01CC4331. ACTION: Not heard, 2-I: Conference with Legal Counsel- Anticipated Litigation: Number of cases: Four. ACTION: Heard. No reportable action taken. 2-1: Conference with Labor Negotiator: City Negotiator: Karen Bancroft, Director, Human Resource: Bargaining Units: Administrative Team Association; Public Attorney's Legal Support Staff Union; Management Team Associates; Santa Monica Firefighters; Supervisors Team Associates ACTION Heard. No reportable action taken. There was no one present for public comment On order of the Mayor, the City Council meeting was adjourned at 2:55 a.ill. -c~-~ Maria M. Stewart City Clerk APPROVED: rl3L- \) Richard Bloom Mayor 1 August 12, 2003