CITY OF SANTA MONICA

CITY COUNCIL MINUTES

DECEMBER 11, 2001

A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:52 p.m., on Tuesday, December 11, 2001, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Michael Feinstein, Mayor Pro Tem Richard Bloom

Councilmember Ken Genser (arrived at 6:10)

Councilmember Robert T. Holbrook (arrived at 7:37 p.m.)

Councilmember Herb Katz, Councilmember Kevin McKeown

Absent: Councilmember Pam O'Connor

Also Present: City Manager Susan McCarthy, City Attorney Marsha Jones Moutrie,
City Clerk Maria M. Stewart

On order of the Mayor, the City Council convened at 5:52 p.m., with Councilmembers Genser, Holbrook and O'Connor absent. Mayor Pro Tem Bloom 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, Art Casillas and Brian Hutchings addressed various items on the Consent Calendar.

Motion by Councilmember Katz, seconded by Councilmember McKeown, to approve all items on the Consent Calendar as presented, reading any resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Katz, McKeown, Mayor Pro Tem Bloom, Mayor Feinstein

NOES: None

ABSENT: Councilmembers Genser, O'Connor, Holbrook

1-A: Approved minutes of October 23, 2001, City Council meeting, as submitted.

1-B: Resolution No. 9724 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

1-C: Recommendation to authorize the City Manager to negotiate and execute Contract No. 8048 ICCS with Baykeeper, in the amount of $25,000, and Contract No. 8049 (CCS) with Heal the Bay, in the amount of $25,000, to provide outreach and educational services on environmental programs to Santa Monica students, was approved.

1-D: Recommendation to authorize the City Manager to negotiate and execute Contract No. 8050 (CCS) with KOMEX H₂O Science, Inc., in the amount of $1,491,000, for technical oversight services for the remediation of the Charnock well field; and, Contract No. 8051 (CCS) with H₂ORē, in the amount of $120,000, for technical oversight services for the remediation of the Arcadia well field; and, approve appropriation, was approved.

1-E: Recommendation to authorize the City Manager to negotiate and execute Contract No. 8052 (CCS) with PSSI, Inc., in the amount of $130,896, for Computer-Aided Dispatch software and support; and, approve the award of a purchase order to Motorola, Inc., in the amount of $138,990, for the purchase of Mobile Data Computers for the Fire Department, was approved.

1-F: Construction of special purpose utility vehicle body for the Police Department - recommendation to authorize the City Manager to negotiate and execute Contract No. 8053 (CCS) with The Mattman Company, in the amount of $112,419.24, for the construction of a special purpose utility vehicle body for the Office of Special Enforcement Division of the Police Department, was approved.

1-G: Acceptance of grant funds for installation of pollution prevention devices - recommendation to authorize the City Manager to negotiate and execute Agreement No. 8054 (CCS) with the California Integrated Waste Board to accept a $750,000 grant for the installation of a pollution prevention system at either Pico Boulevard and 33rd Street or Pearl and 33rd Streets to reduce polluted dry weather urban runoff flows, was approved.

1-H: Resolutions approving Mills Act Historical Property contracts for 2402 4th Street, #1, for 2608 3rd Street, and 2450 25th Street - Resolution Nos. 9725, 9726, and 9727 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE HISTORICAL PROPERTY CONTRACTS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 50280 (THE MILLS ACT), BETWEEN THE CITY OF SANTA MONICA AND THE PROPERTY OWNERS OF 2402 4^TH STREET, #1," "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE HISTORICAL PROPERTY CONTRACTS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 50280 (THE MILLS ACT), BETWEEN THE CITY OF SANTA MONICA AND THE PROPERTY OWNERS OF 2608 THIRD STREET, and "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE HISTORICAL PROPERTY CONTRACTS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 50280 (THE MILLS ACT), BETWEEN THE CITY OF SANTA MONICA AND THE PROPERTY OWNERS OF 2450 25^th STREET," respectively, were adopted.

1-I: Amendment to Administrative Guidelines for the Affordable Housing Production Program - recommendation to approve the proposed amendment to the Administrative Guidelines to extend the time period during which off-site affordable housing units, built in conjunction with market rate housing units, may be completed, was approved.

1-J: Recommendation to authorize staff to negotiate terms and conditions for acquisition of real property located at 1828 Ocean Avenue, was approved.

1-K: Recommendation to authorize staff to negotiate terms and conditions for acquisition of real property located at 516 Colorado Avenue, was approved.

1-L: Recommendation to authorize staff to negotiate terms and conditions for acquisition of real property located at 401 Ocean Avenue, was approved.

Councilmember Genser arrived at 6:10 p.m.

On order of the Mayor, the City Council recessed at 6:00 p.m., to considered closed sessions, and returned at 7:25 p.m., with Councilmembers O'Connor and Holbrook absent, to report the following:

2-A: Conference with Real Property Negotiators:

Property: 1828 Ocean Avenue

Negotiator: Bob Moncrief, Housing & Redevelopment Manager

Owner of record: The Edward Thomas Company

Under negotiation: Acquisition or Exchange of Real Property

ACTION: Heard. No reportable action taken.

2-B: Conference with Real Property Negotiators:

Property: 401 Ocean Avenue

City Negotiator: Mark Richter, Real Estate Manager

Owner of Record: Charles Morris Trust

Under Negotiation: Acquisition or Sale of City Interest in Real Property

ACTION: Heard. No reportable action taken.

2-C: Conference with Real Property Negotiators:

Property: 516 Colorado Avenue

City Negotiator: Mark Richter, Real Estate Manager

Owner of Record: Jacqueline McMahan

Under Negotiation: Acquisition of Real Property

ACTION: Heard. No reportable action taken.

2-D: Conference with Legal Counsel - Existing Litigation: Boathouse, Inc. v. City of Santa Monica, Case No. CV 01-07106.

ACTION: Heard. No reportable action taken.

2-E: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Boathouse, Inc., Case No. 01S00357.

ACTION: Heard. No reportable action taken.

2-F: Conference with Legal Counsel - Existing Litigation: Southern California Water v. City of Santa Monica, Case No. SC 064 682.

ACTION: Heard. No reportable action taken.

2-G: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co., et al., Orange County Superior Court Case No. 01CC04331.

ACTION: Heard. No reportable action taken.

2-H: Conference with Legal Counsel - Existing Litigation: 2000 Main St. v. City of Santa Monica, Case No. SC 067 899.

ACTION: Heard. No reportable action taken.

2-I: Conference with Legal Counsel - Pending Litigation.

Number of cases: Three.

ACTION: One case heard. No reportable action taken.

4-A: Installation of Mayor Pro Tem.

Councilmember McKeown was installed as new Mayor Pro Tem for a term of one year.

6-A: Appeal of Planning Commission decision to approve expansion of 1443 12th Street - recommendation to deny Appeal 01-023 and uphold the Planning Commission approval of Conditional Use Permit 01-004 to expand an existing Private Elementary School into the R3 District at 1443 12th Street. Applicant: Pluralistic School, Inc. Appellant: Jean Barolett

The Mayor advised that this item was withdrawn at the request of the Appellant.

7-A: Second reading and adoption of Ordinance No. 2031 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE MUNICIPAL CODE CREATING REQUIREMENTS FOR THE RECALL FROM LAYOFF OF EMPLOYEES OF CERTAIN BUSINESSES LOCATED IN THE COASTAL ZONE AND EXTENDED DOWNTOWN CORE," was presented.

Motion by Mayor Pro Tem 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: Councilmembers Genser, Bloom, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: Councilmember Katz

ABSENT: Councilmembers O'Connor, Holbrook

Councilmember Holbrook arrived at 7:37 p.m.

8-A: Discussion of election reform including possible modifications to the City's Campaign Financing Restrictions, was presented.

Members of the public Brian Hutchings and Chuck Allord directed comments to existing financing restrictions and local campaigns.

Motion by Mayor Feinstein, seconded by Mayor Pro Tem McKeown, to return with an ordinance adding civil and criminal enforcement provisions to our current law to be in effect in time for the 2002 election cycle; and, to investigate providing some form of public support, either by itself or to effectuate expenditure limits, and return with recommendations after the 2002 election cycle.

Motion to amend by Councilmember Katz, to not wait until after the 2002 election cycle, but to direct staff to return with an information report as soon as practicable on the request to investigate the provision of some form of public support, either by itself or to effectuate expenditure limits. The motion was accepted as friendly.

Motion to amend by Councilmember Bloom, to get information on an escalator clause to the existing $250 contribution limit, and perhaps indexing the $250 limit to the CPI. The motion was accepted as friendly.

Motion to amend by Councilmember Holbrook, to provide information on adding a clause to the enforcement provisions for the right of a candidate to know who has filed a complaint against the candidate. The motion was accepted as friendly.

The motion, as amended, was approved by the following vote:

AYES: Councilmembers Holbrook, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember O'Connor

9-A: Public hearing and resolutions relative to the Open Space Element - recommendation to hold a public hearing and adopt Resolution No. 9728 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE OPEN SPACE ELEMENT ENVIRONMENTAL IMPACT REPORT," Resolution No. 9729 (CCS) "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING A STATEMENT OF OVERRIDING CONSIDERATIONS AND ADOPTING A MITIGATION MONITORING PROGRAM," and Resolution No. 9730 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING THE OPEN SPACE ELEMENT OF THE GENERAL PLAN," was presented.

Members of the public Joey Fullmer, Tom Larmore, and Millenium Twain commented on various parts of the proposed Element.

Motion by Mayor Feinstein, seconded by Councilmember Bloom, to adopt the resolutions, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Katz, Genser, Bloom, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember O'Connor

9-B: Public hearing and resolutions relative to the revised Draft 2000-2005 Housing Element - recommendation to hold a public hearing; approve Resolution No. 9731 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING A NEGATIVE DECLARATION," and Resolution No. 9732 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING THE REVISED DRAFT 2000-2005 HOUSING ELEMENT;" and, direct staff to transmit the adopted document to the State Department of Housing and Community Development for review and certification, was presented.

Members of the public Joey Fullmer and Chris Harding commented on various parts of the proposed Element.

Motion by Mayor Feinstein, seconded by Councilmember Katz, to adopt Resolution No. 9731 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember O'Connor

Motion by Mayor Feinstein, seconded by Councilmember Katz, to adopt Resolution No. 9732 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember O'Connor

Motion by Councilmember Katz, seconded by Councilmember Genser, to include as part of departmental priorities, a broader allowance of housing in the Light Manufacturing Studio District in the June budget discussions. The motion was unanimously approved by voice vote, with Councilmember O'Connor absent.

12-A: Request of Karen Pomer to address Council requesting that a review process be implemented on the handling of rape cases by the Santa Monica Police Department, was presented.

On order of the Mayor, the information was received and filed. Staff was directed to report on existing procedures.

Motion by Councilmember Katz, seconded by Councilmember Holbrook, that the City reimburse Ms. Mills for the legal fees. The motion failed by the following vote:

AYES: Councilmembers Holbrook, Katz

NOES: Councilmembers Bloom, Genser, Mayor Pro Tem McKeown, Mayor Feinstein

ABSENT: Councilmember O'Connor

Councilmember Holbrook stated, for the record, that since staff made the mistake, the property owner should not be penalized.

Councilmember Katz stated, for the record, that he agreed with Councilmember Holbrook and Council is not looking at why the property owner should suffer the consequence of full payment if she did nothing wrong.

Motion by Councilmember Bloom, seconded by Councilmember Genser, to direct staff to meet with Ms. Mills and her attorney to attempt to resolve the matter. The motion was unanimously approved by voice vote, with Councilmember O'Connor absent.

13-A: Appointment to one special vacancy on the Architectural Review Board for a partial term ending June 30, 2002.

On order of the Mayor, this matter was continued to December 18, 2001.

13-B: Appointment to one special vacancy on the Personnel Board for a partial term ending June 30, 2004.

On order of the Mayor, this matter was continued to December 18, 2001.

13-C: Appointment to two annual vacancies on the Building & Safety Commission for terms ending June 30, 2005.

On order of the Mayor, this matter was continued to December 18, 2001.

On order of the Mayor, this matter was continued to December 18, 2001.

13-E: Appointment to one special vacancy on the Recreation and Parks Commission for a term ending June 30, 2004.

On order of the Mayor, this matter was continued to December 18, 2001.

Councilmember Katz was excused at 9:30 p.m.

13-F: Appointment to one annual vacancy as the Santa Monica representative to the Los Angeles County West Vector Control District.

Mayor Feinstein nominated incumbent Nancy Greenstein for a four year term. There being no other nominations, Ms. Greenstein was re-appointed, by acclamation, to the L.A. County West Vector Control District, with Councilmembers O'Connor and Katz absent.

Councilmember Katz returned at 9:32 p.m.

13-G: Request of Mayor Feinstein to discuss adjusting the salary of the City Manager, consistent with the terms of her employment contract, from Step 4 to Step 5, effective November 21, 2000.

Motion by Mayor Feinstein, seconded by Councilmember Katz, to approve the request. The motion was approved by the following vote:

AYES: Councilmembers Katz, Genser, Bloom, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember O'Connor

13-H: Request of Mayor Pro Tem McKeown, pursuant to the California Assembly Select Committee on Air and Water Quality hearing on global warming held by Assemblymember Fran Pavley in Santa Monica on November 9, 2001, that the City of Santa Monica go on record with a resolution supporting AB 1058, introduced by Pavley and co-authored by State Senator Sheila Kuehl, mandating maximum feasible reductions in vehicular carbon dioxide emissions, was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with Councilmember O'Connor absent.

13-I: Request of Councilmember Genser and Mayor Pro Tem McKeown to direct staff to prepare an ordinance extending to the downtown area the 7500-square-foot development review threshold previously enacted in other commercially-zoned parts of the City, including the specified exemptions for housing, particularly affordable housing, was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to continue this item pending further consultation and input from the Planning Commission, the Bayside District and other interested parties. The motion was unanimously approved by voice vote, with Councilmember O'Connor absent.

Members of the public Pro Se, John Deasy, and Clifford Stern addressed Council on various issues.

On order of the Mayor, the City Council meeting was adjourned at 10:15 p.m. to December 18, 2001, in memory of Sonny Patton, Margarita A. de Chow, Linda Dove and, in honor of National Day of Remembrance, the victims of the September 11, 2001, attack.

ATTEST:

Maria M. Stewart, City Clerk

APPROVED:

Michael Feinstein, Mayor