CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 14, 2001
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 6:08 p.m., on Tuesday, August 14, 2001, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Michael Feinstein
Mayor Pro Tem Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:30 p.m.)
Councilmember Herb Katz (Absent)
Councilmember Kevin McKeown
Councilmember Pam O=Connor
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
On order of the Mayor, the City Council convened at 6:08 p.m., with Councilmembers Holbrook and Katz absent. Councilmember Genser led the assemblage in the Pledge of Allegiance.
The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion.
Members of the public Joey Fullmer, Justice Denied is Justice Delayed, and Quincy addressed various items on the Consent Calendar.
At the request of Councilmember Genser, Item 1-D was removed from the Consent Calendar.
Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to approve all items on the Consent Calendar as presented, except Item 1-D, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers O=Connor, McKeown, Genser, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Holbrook, Katz
1-A: The minutes of May 8, and May 22, 2001, City Council meetings, were approved.
1-B: Earthquake Recovery Resolution - Resolution No.9690 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY,@ was adopted.
1-C: Big Blue Bus Natural Gas Fueling Facility - recommendation to authorize the City Manager to negotiate and execute Contract No. 7993 (CCS) with Mallcraft, Inc., in the amount of $11,094,979, for construction of the Natural Gas Fueling Facility, coin collection room and bus wash facility at the Big Blue Bus, and approve proposed budget adjustments, was approved.
1-E: Convention and Visitors= Bureau Contract - recommendation to authorize the City Manager to negotiate and execute a modification to Contract No. 4581 (CCS) with the Santa Monica Convention and Visitors Bureau, was approved.
1-F: Resolution of City=s conformance with the Congestion Management Plan - Resolution No. 9691 (CCS) entitled: AA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089", was adopted.
1-G Recommendation to cancel the August 28, 2001, Council Meeting, was approved.
1-H: Wilshire and Montana Storm Drains - recommendation to authorize the City Manager to negotiate execute Contract No. 7995 (CCS) with Burns & McDonnell, in the amount of $74,726, for engineering services for the diversion of dry weather flows from storm drains into sewer system; and to negotiate and execute Contract No. 7996 (CCS) with the Los Angeles County Department of Public Works, for reimbursement of the cost of services, was approved.
1-I: Recommendation to authorize staff to open preliminary discussion with owners of record for possible acquisition of property located at 528 Colorado Avenue, was approved.
1-J: Purchase Order amendment for provision of additional interim planning services - recommendation to authorize the City Manager to approve amendment to purchase order with Civic Solutions, Inc., for an additional $31,000, and a new amount not to exceed $85,000, to provide additional interim planning services for the Planning Division, was approved.
1-K: Donation of Police communications equipment - recommendation to authorize the City Manager to donate Police Department communications equipment to the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force, Santa Monica High School, and the City of Compton Unified School District Police Department, was approved.
1-L: Appointment to the Santa Monica Task Force on the Environment - recommendation to authorize the City Manager to appoint Robert Rees as a new member to fill a vacancy on the Santa Monica Task Force on the Environment, was approved.
1-M: Bay Saver Water Conservation Program - recommendation to authorize the City Manager to negotiate and execute Contract No. 7997 (CCS) with XENERGY, in the amount of $71,184, for administrative services related to the Bay Saver Water Conservation Program, was approved.
1-N: Civic Auditorium boiler replacement - recommendation to authorize the City Manager to negotiate and execute Contract No. 7998 (CCS) with Bon Air, in the amount of $126,000, for the Civic Auditorium boiler replacement project, was approved.
1-D: Moss Avenue Pumping Station and Appian Way Retaining Wall Projects - recommendation to relieve Caliagua, Inc. of their bid for construction of the projects and authorize the City Manager: negotiate and execute: Contract No. 7994 (CCS) with KEC Engineering, in the amount of $1,835,000, for construction of the projects; an amendment to Contract No. 7355 (CCS) with Harris and Company, in the amount of $40,000, for community outreach; an amendment Contract No. 7476 (CCS), with Black and Veatch, Inc., in the amount of $264,404, for construction management services; an amendment to Contract No. 7216 (CCS) with Montgomery Watson, in the amount of $129,203, for Engineer of Record services for the Pumping Station; and, an amendment to Contract No. 7749 with Wheeler and Gray, in the amount of $9,500, for Engineer of Record services of the Appian Way Retaining Wall project, was approved. In addition, recommendation to approve the proposed budget adjustments, was presented.
Councilmember Genser asked questions of staff regarding the process for public review of the project.
Motion by Councilmember Genser, seconded by Councilmember O=Connor, that staff=s recommendation be approved with the understanding that the project will be reviewed publicly at the Architectural Review Board meeting.
AYES: Councilmembers Genser, McKeown, O=Connor, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Katz, Holbrook
Motion by Mayor Feinstein, seconded by Councilmember Genser that Item 8-B will be heard after Item 5-A. The motion was unanimously approved by voice vote, with Councilmembers Katz and Holbrook absent.
On order of the Mayor, the City Council recessed at 6:29 p.m., to consider closed sessions, and reconvened at 7:30 p.m., with Councilmember Katz absent, to report the following actions:
2-A: Conference with Real Property Negotiators:
Property: 528 Colorado Avenue
City Negotiator: Mark Richter, Real Estate Manager
Owner of Record: Kopple, Joel & Madelynn G. Trust
Under Negotiation: Acquisition of Real Property
ACTION: Heard. No reportable action taken.
2-B: Conference with Legal Counsel B Existing Litigation: Martinelli v. City of Santa Monica, Case No. SC 061 916.
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel - Existing Litigation: San Diego County Water Authority, et al., v. Metropolitan Water District, et al., Case No. 321 056.
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel B Existing Litigation: Chateau 16th Street Villas, LLC and NormanSalter v. City of Santa Monica, Case No. BS 065 985.
The City Attorney reported that environmental work is required for the project and the hearing that was scheduled before Council will be delayed until December. The provision of the settlement agreement previously approved, that the developer redesign the project to comply with the new "North of Wilshire Development Standards", remains in place.
2-E: Conference with Legal Counsel B Existing Litigation: CALHO v. City of Santa Monica, Case No. BS 053 199.
ACTION: Heard. No reportable action taken.
2-F: Conference with Legal Counsel B Existing Litigation: Alice Cole, et al., v. City of Santa Monica, Case No. SC 067 033.
ACTION: Heard. No reportable action taken.
2-G: Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Four.
Motion by Mayor Feinstein, seconded by Councilmember McKeown, to approve the following settlement terms and conditions regarding 1441-1443 24th Street in Santa Monica: the northern portion of the structure will be converted to a single car garage, the balance of the structure will be removed as follows: the kitchen will be removed, including plumbing, the bathroom will remain, the rear structure will not be used henceforth as a separate residential unit but may be used in conjunction with the front unit, a deed restriction confirming this will be prepared and signed, and the height of the existing structure will be allowed. The motion was approved by the following vote:
AYES: Councilmembers Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmember Katz
2-H: Conference with Legal Counsel B Existing Litigation: 2000 Main Street LLC v. City of Santa Monica, Case No. SC 067 899.
ACTION: Heard. No reportable action taken.
5-A: Three appointments to full terms on the Pier Restoration Corporation; one with a term ending November 09, 2004 (continued from April 10, 2001), and two with terms ending November 08, 2005. (Continued from July 24, 2001).
Motion by Councilmember Genser, seconded by Councilmember Holbrook to continue this item until September 11, 2001.
Substitute motion by Mayor Feinstein, seconded by Councilmember McKeown to nominate Jerry Greenwald for a term ending 2005 to replace out-going Board member Spurgen. The substitute motion failed by the following vote:
AYES: Councilmember McKeown, Mayor Feinstein
NOES: None
ABSTAIN: Councilmembers Holbrook, O'Connor, Mayor Pro Tem Bloom, Councilmember Genser
ABSENT: Councilmember Katz
The main motion was approved by the following vote:
AYES: Councilmembers Genser, O'Connor, Holbrook, Mayor Pro Tem Bloom
NOES: Councilmember McKeown, Mayor Feinstein
ABSENT: Councilmember Katz
Mayor Feinstein requested that the record reflect that he voted no because a further delay in appointments to the PRC is a blow against democracy and public policy in our community.
Councilmember McKeown requested that the record reflect that he voted no because he believes Council does not well serve the community by having 1980s appointees making 21st century decisions for the pier.
8-B: Approval of Outdoor Dining Standards for Santa Monica Boulevard and Broadway Avenue in Conjunction with the Downtown Transit Mall Improvements.
The following members of the public addressed this item: Joey Fullmer expressed her concerns, Arthur Harris discussed the Bayside District's position, Michael Rooney discussed pedestrian safety, Chuck Allord spoke in opposition to outdoor dining in the transit mall, Jerry Rubin spoke in support of outdoor dining areas in the district, Alex Man spoke in opposition to the use of market umbrellas and the removal of existing trees, Pam Vavra spoke in opposition to the removal of mature trees, and Olwyn Perrene spoke in opposition to the setback.
Motion by Councilmember Genser, seconded by Councilmember O'Connor, to approve the recommendation with the modification to include the 6' setback on the angular basis.
Motion to amend by Councilmember McKeown, to allow 2 square foot menu boards, for menus only. The motion was accepted as friendly.
The motion, as amended, was approved by the following vote:
AYES: Councilmembers Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmember Katz
Councilmember McKeown was excused at 9:40 p.m.
EMERITUS COMMISSIONERS
Councilmember McKeown returned at 9:50 p.m.
6-A: Appeal of Landmarks Commission decision designating 1333 Ocean Avenue as a City Landmark - recommendation to uphold the Landmarks Commission decision designating the structure located at 1333 Ocean Avenue as a City Landmark, and deny the appeal. Appellant: Sherman Stacey, Esq.
Appellant Sherman Stacy, Esq. spoke in support of the appeal and requested that Council delay taking action.
Members of the public Jerry Rubin, Margot Alofsin, Tom Cleys, Pam Vavra spoke in support of staff's recommendation to designate the structure as a landmark.
Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to deny the appeal and uphold the Landmarks Commission decision designating the structure located at 1333 Ocean Avenue as a City Landmark. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, McKeown, Genser, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSTAIN: Councilmember Holbrook
ABSENT: Councilmember Katz
7-A: Second reading and adoption of Ordinance No. 2018 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 11.04.176 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO REFERENDA AND RECALLS", was presented.
Motion by Mayor Feinstein, seconded by O'Connor to hold second reading and adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmember Genser, O'Connor, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: Councilmember Holbrook
ABSENT: Councilmembers Katz and McKeown
7-B Second reading and adoption Ordinance No. 2019 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL SECTION 2.48.030 AND ADDING SECTION 2.56.031 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO EMERITUS COMMISSIONERS ON THE CITY'S COMMISSION FOR OLDER AMERICANS AND COMMISSION ON THE STATUS OF WOMEN", was adopted.
Motion by Mayor Feinstein, duly seconded, to hold second reading and adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmember Holbrook, O'Connor, McKeown, Genser, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmember Katz
7-C: Second reading and adoption of Ordinance No. 2020 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA MONICA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM", was adopted.
Motion by Councilmember Holbrook, seconded by Councilmember O'Connor, to hold second reading and adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmember Holbrook, O'Connor, McKeown, Genser, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmember Katz
8-A: Discussion of election reform including possible modifications to the City's Campaign Financing Restrictions. (Continued from July 24, 2001.)
On order of the Mayor, this matter was continued to a future meeting.
8-C: Recommendation to discuss policy alternatives regarding second units in the R-1 and OP-1 Districts, and direct staff to prepare an appropriate ordinance.
Members of the public Chuck Allord, Pam Vavra, James Issacs, and Bob Seldon expressed various concerns.
Motion by Councilmember McKeown, seconded by Mayor Feinstein, to direct staff to further develop the policy options and the projected consequences for those options, and schedule another public hearing when that information is available. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, McKeown, Genser, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmember Katz
12-A: Request of Michael Manchester to address Council regarding issues of compliance with the Building and Safety Code, was presented.
On order of the Mayor, the information was received and filed.
13-A: Annual vacancy appointments to the following boards and commissions: (Continued from July 10, 2001).
Commission Vacancies Term Ending
Arts Commission 1 06/30/05
Building & Safety Commission 2 06/30/05
Convention & Visitors Bureau 1 06/30/05
Commission on the Status of Women 1 06/30/05
Councilmember Genser nominated Rachel Lachowicz for appointment to the Arts Commission for a term ending 06/30/05. Rachel Lachowicz was appointed by acclamation, with Councilmember Katz absent.
On order of the Mayor, the Building & Safety Commission the appointment was continued to September 11, 2001. On order of the Mayor, the Convention & Visitors Bureau appointment was continued to September 25, 2001. On order of the Mayor, the Commission on the Status of Women appointment was continued to September 11, 2001.
13-B: Appointment to an unscheduled vacancy on the Social Services Commission for a partial term ending June 30, 2003. (Continued from July 24, 2001.)
Mayor Feinstein nominated Patrick Kelly for appointment to the Social Services Commission for a partial term ending June 30, 2003. Patrick Kelly was appointed by acclamation, with Councilmember Katz absent.
13-C: Appointment to an unscheduled vacancy on the Personnel Board for a partial term ending June 30, 2004. (Continued from July 10, 2001.)
On order of the Mayor, this appointment was continued to September 25, 2001.
13-D: Request of Mayor Feinstein and Councilmember McKeown that the City Council pass Resolution No. 9692 (CCS) entitled: "A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA MONICA OPPOSING THE EXTENSION OF THE NORTH AMERICAN FREE TRADE AGREEMENT TO THE FREE TRADE AREA OF THE AMERICAS"; send a letter to Santa Monica's federal representatives opposing so-called "Fast Track" legislation that would eliminate existing Congressional powers to amend trade treaties, thereby disempowering local communities and local control over local issues; and work with State and Federal officials on ensuring that environmental, public health, and worker protections at the State and local level are not compromised by such federal legislation.
Members of the public Chuck Allord and Quincy expressed their concerns.
Motion by Councilmember McKeown, seconded by Mayor Feinstein, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmember Katz
Members of the public Joe Pallucci and Justice Delayed Is Justice Denied spoke regarding people with disabilities.
Motion by Councilmember McKeown, seconded by Mayor Feinstein, to continue the meeting past 11:00 p.m. The motion was unanimously approved by voice vote, with Councilmember Katz absent.
Members of the public including Zeljka Ulan, Brett Svatek, Jamie Palumbo, Benjamin Rapoport, Brian Judd, Darren Hanvey, Arthur Harris, and Matt Arnold spoke regarding the Lido Apartments. Member of the public Quincy expressed various concerns.
On order of the Mayor, the City Council meeting was adjourned at 11:25 p.m. to 5:45 p.m. on September 11, 2001.
ATTEST:
Beth Sanchez
Assistant City Clerk
APPROVED:
Michael Feinstein
Mayor