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
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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
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~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