M-9/23/2003
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 23, 2003
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:55
p.m., on Tuesday, Se~tember 23, 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 6:55 p.m.)
Councilmember Herb Katz ,
Absent:
Councilmember Pam O'Connor
Also Present: Assistant City Manager Gordon Anderson
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE On order ofthe Mayor, the City Council convened at 5:55 p.m., with
Councilmembers Holbrook and O'Connor absent. Mr. Paul Casey 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 ofthe public Joey Fullmer and Pro Se expressed opinions on
Consent Calendar items.
At the request ofCouncilmember Katz, Item I-A was removed from the
Consent Calendar. At the request of Mayor Bloom, Item I-J was removed
from the Consent Calendar.
Motion by Councilmember Katz. seconded by Councilmember Feinstein. to
approve all items on the Consent Calendar as presented except I-A and I-J,
1
September 23,2003
SETTING OF PUBLIC
HEARING .
CHARNOCK WELL
MAIN STREET SEWER
AND ROAD REPAIR
GRAPIDC SERVICES
HEARING OFFICER
PICO YOUTH AND
FAMILY CENTER
reading resolutions and ordinances by title only and waiving further reading
thereof. The motion was approved by the following vote:
YEs: Councilmembers Genser, Katz, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, O'Connor
I-B: Resolution No. 9891 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA SETTING PUBLIC HEARING ON
OCTOBER 14, 2003, TO CONFIRM ASSESSMENT COSTS FOR
INSTALLATION OF STREETLIGHT IN VARIOUS DISTRICTS ON
DEWEY, ROBSON AND MARINE STREETS," was adopted.
l-C: Charnock Well field technical oversight and MTBE remediation
- recommendation to authorize the City Manager to negotiate and execute
an amendment to existing Contract No. 7816 (CCS) with KOMEX, Inc., in
the amount of$390,000, for well field technical oversight; and waive
competitive bidding and authorize the City Manager to negotiate and
execute Contract No. 8277 (CCS) with KOMEX, in the amount of
$1,370,000, for design construction and operation of a pilot testing facility,
was adopted.
I-D: Ocean Avenue and Main Street Sewer Rehabilitation and Main
Street Road restoration project - recommendation to authorize the City
Manager to negotiate and execute an amendment to Contract No. 8157
(CCS), with BRH Garver-West, Inc., in the amount of$375,000, for the
projects, was approved.
l-E: Provision of graphic services for Environmental Programs
Division - recommendation to authorize the City Manager to negotiate and
execute Contract No. 8278 (CCS) with Cowan Communications Arts, in the
amount of $1 00,000, for graphic design services for various public outreach
projects and programs, was approved.
I-F: Resolution No. 9892 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA RELEASING CITY FUNDS TO L.A.
COUNTYTO lllRE A HEARING OFFICER FOR EARLY INTER-
VENTION WITH MINORS ARRESTED FOR NON-VIOLENT FIRST
TIME OFFENSES," was adopted.
I-G: Reallocation of funds for the Pico Youth and Family Center.
recommendation to approve reallocation of grant funds from Woodcraft
2
September 23, 2003
944 5TH STREET
SURPLUS PROPERTY
MINUTES
P ARATRANSIT
SERVICES
CLOSED SESSIONS:
Rangers to Public Health Foundation Enterprise to operate the Pico Youth
and Family Center and authorize the City Manager to negotiate and execute
Contract No. 8279 (CCS), was approved.
I-H: Resolution No. 9893 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL SUBDIVISION MAP
TRACT NO. 53683 FOR 5-UNlT CONDOMINIUM PROJECT AT 944
5TH STREET, AND APPROVAL OF SUBDIVISION IMPROVEMENT
AGREEMENT No. 8280 (CCS)," was adopted.
1-1: R~solution No. 9894 entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA DECLARING CERTAIN FIRE HELMETS TO BE
SURPLUS CITY PROPERTY AND AUTHORIZING THE DISPERSAL
OF THE HELMETS TO FIRE DEPARTMENT PERSONNEL," was
adopted.
I-A: Minutes ofthe August 12, 2003, City Council meeting were
presented.
Councilmember Katz stated he removed this item from the Consent
Calendar because, as he was not present for this meeting, he wanted to
abstain from voting.
Motion bv Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to approve the minutes as submitted. The motion was approved by voice
vote with Councilmember Katz abstaining, and Councilmembers Holbrook
and O'Connor absent.
I-J: Rejection of proposals for Curb-to-Curb Paratransit Service -
recommendation to reject all proposals to provide curb-to-curb paratransit
services and extend Contract No. 7801 (CCS) with Transportation
Concepts, Inc., until an amended Notice Inviting Bids is completed and a
new contract is awarded, was presented.
Mayor Bloom advised that he had removed this item from the Consent
Calendar to assure that staff receives and considers input from any affected
part of the community.
Motion by Mayor Bloom. seconded by Councilmember Genser, to approve
the recommendation. The motion was unanimously approved by voice vote
with Councilmembers O'Connor and Holbrook absent.
On order of the Mayor, the City Council recessed at 6:05 p.m., to consider
3
September 23,2003
Councilmember Holbrook
arrived at 6:55 p.m.
SPECIAL ITEMS:
DISABILITY
AWARENESS
closed sessions and returned at 7:15 p.m., with Councilmember O'Connor
absent, to report the following:
2-A: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No. 01CC4331.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Richard
Murphy v. City of Santa Monica, Case No. SC 073 719.
Motion bv Councilmember Feinstein. seconded by Councilmember Katz, to
approve settlement in the amount of$275,000. 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:
2-C: Conference with Legal Counsel- Existing Litigation: Santa
Monica Housing Council v. City of Santa Monica, Case No. SC 074
683.
ACTION
Not heard.
2-D: Conference with Legal Counsel- Existing Litigation: Russell
Barnard v. City OF Santa Monica, Case No. BC 281367.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel- Anticipated Litigation:
Number of cases: Three.
ACTION:
heard.
Two cases heard, no reportable action taken. One case not
4-A: Proclamation declaring the month of October 2003 as Disability
Awareness Month.
ACTION:
Proclamation read.
4
September 23,2003
COMMENDATION
ADMIN. ITEMS:
627 MARINE ST.
2225 4TH STREET
4-B: A commendation was presented to Maria Arechaederra, as the
retiring President/CEO of WISE Senior Services and in appreciation,
by Mayor Bloom.
6-A: Appeals of Planning Commission approval of CUP to allow
continued operation of neighborhood market at 672 Marine Street -
recommendation to deny both appeals and uphold the Planning
Commission's approval based on the proposed conditions, was presented.
Appellant Abby Arnold, John Grant, and Diane Kunz spoke on behalf of Ms.
Arnold's appeal. Howard Robinson, representing Appellant Peter Kim,
spoke in support of Mr. Kim's appeal.
Member ofthe public Joe Natoli spoke in support of the appeals.
There were no rebuttals.
Motion by Councilmember Genser. seconded by Councilmember Katz, to
uphold the appeals, grant extended hours, and at the owner's choice to have
windows as required by the staff report, murals, or a third option that would
be approved by the Architectural Review Board or a subsequently
designated appropriate body. The motion was approved by the following
vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor
Pro Tern Bloom, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT:
6-B: Continued operation of existing grocery market at 2225 4th
Street - recommendation to amend Condition 1 of Parcel Map 18025 and
CUP 435 to allow the continued operation of the existing nonconforming
neighborhood grocery store. Applicant: Paul Chen/Hacque Helal, was
presented.
Drew Cicconi, representing appellant, spoke in support of the
recommendation.
Members of the public Jack Neff, Carole Yii, Steve Inglehart, Carlos Pinero,
Linda Barister, Eugene Kellman, Mike Stark, Shelley Taylor, Jerry Rubin, .
Eleanor Cook, and Kathleen Mulcahy spoke in support of the
recommendation.
5
September 23, 2003
ORDINANCES:
THIRD STREET
PROMENADE
USE RIGHT-OF-Wft\y;
VESTIBULES L
NOISE ORDINAN<l:E
GAME ARCADES
There was no rebuttal by the appellant.
Motion by Councilmember Katz. seconded bv Councilmember Genser, to
approve staff's recommendation. The motion was approved by the
following vote: .
NOES:
ABSENT.
Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor
Pro Tern Bloom, Mayor Bloom
None
Councilmember O'Connor
7-A: Second reading and adoption of Interim Ordinance No. 2096
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
REQUIRING NEW OR EXPANDED USES ON THE TIDRD STREET
PROMENADE TO HAVE A PROMENADE FRONTAGE THAT DOES
NOT EXCEED 50 LINEAR FEET AND REQUIRING ANY
REMAINING PROMENADE FRONTAGE WITIDN THE BUILDING
OR SITE TO PROVIDE A MINIMUM DEPTH OF 50 FEET, was
presented.
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
adopt 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 Bloom, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSEN
7-B: Introduction and first reading of interim ordinance authorizing
businesses to place furniture, portable landscaping, and cigarette
disposal receptacles within the public right-of-way, and the display of
merchandise in private vestibules.
On order of the Mayor, this matter was continued to November 11,2003
7-C: Introduction and first reading of an ordinance amending the
City's Noise Ordinance, Chapter 4.12 ofthe Municipal Code. (Public
Hearing Closed. Continued from September 9,2003.)
On order of the Mayor, this matter was continued to October 28,2003.
7-D: Introduction and first reading of an ordinance amending
6
September 23, 2003
STAFF ITEMS: I
1751 CLOVERFIELD -
OPCC !
Section 9.04.12.090 of the Municipal Code relating to performance
standards for game arcades, was presented.
Members ofthe public Sal Suna, Joanne Gordon, Marlene Gordon and Joe
Natoli spoke in support of the ordinance.
Members of the public Reina Alvarez and Jerry Rubin spoke in opposition to
the ordinance.
Motion by Councilmember Genser. seconded by Councilmember Katz, to
introduce and hold first reading of the ordinance, amending page 6, Section
(g) the phrase relating to bicycle racks to read "rack or racks."
Motion to amend bv Councilmember Feinstein. seconded by Mayor Pro Tern
McKeoYffi, that as relating to the videotaping of customers in the arcade,
that sharing such videotape contents will be for public safety, police use and
internal training only. The motion to amend failed by the following vote:
AYES:
NOES:
ABSENT:
Councilmember Feinstein, Mayor Pro Tern McKeown
Councilmembers Holbrook, Genser, Katz, Mayor Bloom
Councilmember O'Connor
The main motion, as amended, was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Holbrook, Mayor Pro Tern
Bloom, Mayor Bloom
Councilmember Feinstein
Councilmember O'Connor
NOES:
ABSENT:
Councilmember Feinstein stated he voted in opposition because although he
supports the intent of the ordinance, he believes that Council has
unnecessarily violated civil liberties without demonstrating a public benefit.
On order of the Mayor, the regular City Council meeting recessed at 9:45
p.m., and reconvened at 9:55 to a special joint meeting with the
Redevelopment Agency with Councilmember O'Connor absent.
SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY:
8-A: Lease of 1751 Cloverfield Boulevard to Ocean Park Community
Center (OPCC) - recommendation that the City Council and the
Redevelopment Agency hold a public hearing to review the terms ofa 55-
7
September 23,2003
year lease of the real property to OPCC; adopt Resolution No. 9895 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
APPROVING THE PROPOSED GROUND LEASE AGREEMENT
BETWEEN THE AGENCY AND OPCC PROVIDING FOR THE LEASE
OF THE REAL PROPERTY AND MAKING CERTAIN FINDINGS,"
Resolution No. 485 (RAS) entitled: "A RESOLUTION OF THE
REDEVELOPMENT AGENCY APPROVING THE PROPOSED
GROUND LEASE AGREEMENT BETWEEN THE AGENCY AND
OPCC PROVIDING FOR THE LESE OF THE REAL PROPERTY AND
MAKING CERTAIN FINDINGS": and approve Lease No. 8281 (RAS)
between the Redevelopment Agency and OPCC; authorize the City Manager
and the Executive Director, respectively. to execute Cooperation Agreement
No. 8282 (CCSIRAS) regarding the City's option to acquire the real
property from the Agency; and approve specific loan and grant terms
regarding the $7,397,112 in approved housing trust funds, was presented.
Members of the public Clyde Smith spoke in opposition of the
recommendation. Member of the public Susan Fraser spoke in support of
the recommendation.
Motion by Councilmember Feinstein. seconded by Councilmember Genser.
to adopt Resolution No. 9895 (CCS), reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES
Councilmembers Genser, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
Councilmembers Holbrook, Katz
Councilmember O'Connor
NOES:
ABSENT:
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
F einstem, to authorize the City Manager to execute the cooperation
agreement. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
Councilmembers Holbrook, Katz
Councilmember O'Connor
NOES:
ABSENT:
Motion by Councilmember Feinstein. seconded by Councilmember Genser.
to approve specific loan and grant terms. The motion was approved by the
8
September 23,2003
ADJOURNMENT 'F
JOINT MEETING I, .
PUBLIC HEARIN S:
2502 7TH STREET;
ABATEMENT CO TS
WRITTEN
COMMUNICATIO S:
CIVIL SERVICE R LES
COUNCIL ITEMS:
ANNUAL
APPOINTMENTS
following vote:
AYES:
CounciImembers Genser, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
CounciImembers Holbrook, Katz
CounciImember O'Connor
NOES:
ABSENT:
On order of the Mayor, the special joint meeting adjourned at 10:22 p.m.,
and the regular meeting of the City Council reconvened with
CounciImember O'Connor absent.
9-A: Public hearing to receive protests or objections, and Resolution
No. 9896 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA CONFIRMING THE REPORT OF A CODE COMPLIANCE
SECTION AND AUTHORIZING A LIEN AND SPECIAL
ASSESSMENT OF DANGEROUS BUILDING ABATEMENT COSTS
UPON CERTAIN PROPERTY LOCATED AT 2502 7TH STREET, was
presented.
There was no one present for public comment.
Motion by CounciImember Katz.. seconded by CounciImember Feinstein. to
adopt the resolution, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
CounciImembers Genser, Feinstein, Holbrook, Katz, Mayor
Pro Tern McKeown, Mayor Bloom
None
CounciImember O'Connor
NOES:
ABSENT:
12-A: Request from B.A. Gray to address Council requesting that
Section 2.04.720 of the Municipal Code be amended to reflect modem
terminology and standards, was presented.
On order of the Mayor, the infonnation was received and filed. No fonnal
action was taken.
13-A: Annual and special vacancy appointments to the following
boards and commissions:
On order ofthe Mayor, appointments to the COnmllssion for the Senior
Community were continued to October 14,2003.
9
September 23. 2003
ARB
DISABILITIES
COMMISSION
PUBLIC INPUT:
ADJOURNMENT: I
On order ofthe Mayor, appointments to the Personnel Board were
continued to October 14,2003.
13-B: Appointment to one annual vacancy on the Architectural
Review Board for a term ending June 30, 2007.
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"(;'({:'~'.?::':: : ':Y!j .-;-:,';:, ',:,;': >:-~,
'continued to October 14, 2003
13-C: One annual appointment to the Disabilities Commission for a
term ending June 30, 2007.
On order of the Mayor, the floor was opened for nominations.
Councilmember Katz nominated Heidi Hutchison Apple. There being no
other nominations, Ms. Apple was appointed by acclamation, with
Councilmember O'Connor absent.
Member of the public Art Casillas expressed various opinions relating to
Police Department policies.
On order of the Mayor, the City Council meeting was adjourned at 10:40
p.m..
ATTEST:
\.A.>-...~ '~aL~~
Maria M. Stewart
City Clerk
APPROVED:
JLW-
~chard Bloom
Mayor
10
September 23,2003