CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JANUARY 22, 2002

A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:46 p.m., on Tuesday, January 22, 2002, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Michael Feinstein, Mayor Pro Kevin McKeown, Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 7:20 ), Councilmember Herb Katz,

Councilmember Richard Bloom, 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 5:46 p.m., with Councilmember Holbrook absent. Councilmember O'Connor led the assemblage in the Pledge of Allegiance.

All items were considered and approved in one motion unless removed by a Councilmember for discussion.

Member of the public Bernard Kamine spoke in opposition to approval of item 1-D.

At the request of Councilmember Katz, Items 1-C and 1-D were removed the consent calendar. At the request of Councilmember Genser, Item 1-G was removed from the consent calendar.

Motion by Councilmember Bloom, seconded by Councilmember Katz, to approve all items on the Consent Calendar as presented except items 1-C,

1-D, and 1-G, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Genser, O'Connor, Bloom, Katz, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Holbrook

1-A: The minutes of December 18, 2001, and January 8, 2002, City Council meetings were approved as submitted.

1-B: 415 Pacific Coast Highway environmental review and use planning - recommendation to adopt Resolution No. 9738 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACT NO. 8064 (CCS) WITH THE STATE DEPARTMENT OF PARKS AND RECREATION, TO ACCEPT $350,000 IN GRANT FUNDS, FOR ENVIRONMENTAL REVIEW AND PLANNING FOR THE SITE," was approved.

1-E: Civic Auditorium Floor Repair - recommendation to authorize the City Manager to negotiate and execute Contract No. 8065 (CCS) with BEST Roofing and Waterproofing, Inc., in the amount of $435,627, for design-build of the Civic Auditorium Floor Repair Project, was approved.

1-F: City's Branch Library Improvements Project - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7524 (CCS) with Killifer Flammang Purtill Architects, in the amount of 28,500, for additional construction administration services for the project, was approved.

1-H: Resolution No. 9730 (CCS) entitled:"A RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING FINAL MAP 52898 AND RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT No. 8066 (CCS) FOR 911 12^TH STREET," was adopted.

1-C: Geotechnical and engineering geologist reports for major projects - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7742 (CCS) with Bing Yen & Associates, in the amount of $130,000, for report review and related services for major projects, was presented.

Councilmember Katz asked questions of staff regarding the cost of the services and whether the need justified hiring an in-house geologist. After discussion, it was the consensus of Council that staff will analyze and review existing fees and the practicality of hiring a City geologist.

Motion by Councilmember Katz, seconded by Councilmember Genser, to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmember Katz, Genser, Bloom, O'Connor, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Holbrook

1-D: Riviera Reservoir Rehabilitation Project - recommendation to authorize the City Manager to negotiate and execute Contract with Spiess Construction Company, in the amount of $877,750, for the construction of the Riviera Reservoir Rehabilitation Project, and approve appropriation of funds, as proposed, was continued to February 12, 2002, was presented.

Motion by Councilmember Katz, seconded by Mayor Feinstein, to continue this matter to the next regular meeting to allow for review of the public speaker's concerns. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

1-G: Provision of code enforcement and construction inspection services for Building & Safety Division - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7968 (CCS) with JAS Pacific Corporation, in the amount of $430,000, for temporary employee services for code enforcement and construction inspection for the Building and Safety Division, was presented.

Councilmember Genser advised he had removed this item from the Consent Calendar so that he would ask for a status report on code enforcement throughout the City.

Motion by Councilmember Genser, seconded by Councilmember Bloom, to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Holbrook

CLOSED SESSIONS:

On order of the Mayor, the City Council recessed at 6:06 p.m., to hear closed sessions, and reconvened at 6:58 p.m., with Councilmember Holbrook absent, to report the following.

2-A: 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-B: Conference with Legal Counsel - Existing Litigation: Andy Goldberg and Rachel Goldberg v. Planning Commission of the City of Santa Monica, et al., Case No. SS 010548.

ACTION: Heard. No reportable action taken.

2-C: 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-D: 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-E: Conference with Legal Counsel - Existing Litigation: 2000 Main Street v. City of Santa Monica, Case No. SS 067 899.

ACTION: Heard. No reportable action taken.

2-F: Conference with Legal Counsel - Existing Litigation: David Levy, et al. v. City of Santa Monica, Case No. SC 063 147.

ACTION: Heard. No reportable action taken.

2-G: Conference with Legal Council - Claims against the City:

Claim No. ASM 01-1520, Claimant Raymond Hyrny.

ACTION: Heard. No reportable action taken.

2-H: Conference with Legal Counsel - Anticipated Litigation.

Number of cases: Three.

ACTION: Heard. No reportable action taken.

4-A: Presentation by Gary Milliman, League of California Cities' Southern Region Representative, on the League's Grassroots Network initiative, was received.

On order of the Mayor, discussion ensued as to the management of the rest of the agenda items given the number of requests to speak on items 7-B and 8-A, which according to the City Clerk number approximately 200, combined.

Motion by Councilmember Genser, seconded by Councilmember O'Connor, to hear all present for public comment on both items. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

7-A Introduction and first reading of an ordinance entitled: " AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 11.04.176 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO CANDIDATE INFORMATION SHEETS," was presented.

There was no one present for public comment.

Motion by Councilmember Genser, seconded by Mayor Feinstein, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof, and amending the proposed information sheet to add language to clarify that voters may only sign as many petitions as there are seats vacant, that any additional signatures will not be valid, and that the signatures will be considered in the order received by the City Clerk's Office; and to add language that the information being distributed should be considered "as it applies to local elections." The motion as approved by the following vote:

AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Holbrook

7-B: Resolution No. 9740 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING GENERAL PLAN LAND USE MAP"; introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE OFFICIAL DISTRICTING MAP FOR THE VIRGINIA AVENUE PARK EXPANSION PROJECT"; and recommendation to approve schematic design for the Park Expansion Project, was presented.

The following members of the public addressed various aspects of the project including but not limited to, moving the Farmers' Market, more playing fields, the wading pool, and community facilities: Sharla Fett, Eric Parlee, Neil Carrey, Cecilia Bradley, Tom Carter, John Edson, Bob Cull, Rose Larkin, Cheri Dickinson, Richard Dickinson, Laurel Overman, Steve Martinez, Nick Steers, Sara King, Martha Padilla, Hilario Rodriguez, Maria Torres, Steve Strate, Frank Schwengel, Steve Mount, Betty Tomeo, Emmalie Hodgins, Tom Cleye, Joanne Leavitt, Jean Freeman, Duke Kelson, Robert Alden, Alex Munoz, Todd Waring, Peter Tigler, Don Grey, Don Emery, Jamie Kelso, Elizabeth Kelso, Scott Kelso, Larry George, Susan Cloke, Joey Fullmer, Clifford Stern, Chloe Meisner, Cynthia Santiago, Jerry Rubin, Linda Karr O'Connor, and Oscar de la Torre.

Considerable discussion ensued on the various aspects of the project, the funding, and the concerns expressed during public comment.

Motion by Councilmember Bloom, seconded by Councilmember Genser, to approve staff recommendation, amended so that the three rows of trees specified in the pavilion area be made a requirement; the "net lawn" product reference for use in the over-flow parking area adjacent to Cloverfield, be a requirement; unintended consequence of the pool when it is covered be analyzed and have a public review process; that traffic issues adjacent to 22^nd and 23^rd Streets be analyzed before and after implementation.

Substitute motion by Councilmember Katz, seconded by Councilmember Holbrook, to approve the EIR, approve the amendments made in the main motion, that staff meet with Santa Monica City College staff and the community to explore the option of moving Farmers' Market to College property, and return as soon as possible with recommendations. The substitute motion failed by the following vote:

AYES: Councilmembers Katz, Holbrook

NOES: Councilmembers Genser, Bloom, O'Connor, Mayor Pro Tem McKeown, Mayor Feinstein

ABSENT: None

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to adopt the resolution, reading by title only and waiving further reading thereof, and amended to add a finding that since the Planning Commission action there has been no substantial changes proposed to the project, no substantial changes with respect to the circumstances under which the project is being undertaken, and no new information that would require a subsequent or supplemental environmental impact report. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

Motion by Mayor Pro Tem McKeown, seconded by Mayor Feinstein, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, and amended by adding the finding that since the Planning Commission action there has been no substantial changes proposed to the project, no substantial changes with respect to the circumstances under which the project is being undertaken, and no new information that would require a subsequent or supplemental environmental impact report. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

The main motion as originally made, was restated: Motion by Councilmember Bloom, seconded by Councilmember Genser, to approve the schematic design amended so that the three rows of trees specified in the pavilion area be made a requirement; the "net lawn" or equivalent product referenced for use in the over-flow parking area adjacent to Cloverfield, be a requirement; the unintended noise consequence of the pool when it is covered be analyzed and have a public review process; traffic issues adjacent to 22^nd and 23^rd Streets be analyzed before and after implementation; all signage comply with the Sign Code; the proposed tree canopy over the parking area be a requirement; staff to monitor the sound from all events and minimize impact; and, have guards around newly planted trees to promote their survivability.

Motion to amend by Mayor Pro Tem McKeown, that the City not spend any funds on boxing facilities or programs at Virginia Park due to its violent nature. The motion was not accepted as friendly, and died for lack of a second.

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

AYES: Councilmember O'Connor, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: Councilmember Holbrook

ABSENT: None

Councilmembers Holbrook and Katz were excused at 1:00 a.m.

8-A: Conceptual approval of Civic Center Land Use Plan - recommendation to approve, in concept, the proposed Civic Center Land Use Plan and authorize the Civic Center Working Group and staff to begin preparation of the written Civic Center Specific Plan and Environmental Review, was presented.

On order of the Mayor, the public hearing was opened with the understanding that the public hearing will be continued to February 5, and only those individuals that submitted a request to speak tonight, but left because of the late hour, will be able to speak next week.

The following members of the public expressed their opinions, concerns and suggestions regarding the proposed plan: Liliana Yuen, Maximillian Yuen, Joy Womack, Samuel Womack, Josh Womack, Matthew Shane, Natasha Cake, Nicholas Yanez, Jason Parry, Todd Darling, Chris De Carlo, Chuck Allord, Mehrdad Farivar, Brian Hutchings, Correy Avner, Jerry Rubin, Paul De Santis, Phil Brock, and Pam Vavra.

On order of the Mayor, the public hearing was continued to February 5^th at 6:45 p.m.

ROLL CALL OF THE REDEVELOPMENT AGENCY

8-B Approval of minutes May 23, 2000, June 13, 2000, June 20, 2000, September 12, 2000 and October 10, 2000, Redevelopment Agency meetings.

On order of the Chair, this matter was continued to February 12, 2002.

8-C: Geotechnical Study of the Santa Monica Palisades Bluffs Project - recommendation to authorize the City Manager and the Executive Director, respectively, to negotiate and execute a contract with URS Corporation, in the amount of $400,000, for a geotechnical study of the Palisades Bluffs.

On order of the Mayor, this matter was continued to February 12, 2002.

9-A: Appeal of Landmarks Commission decision designating 1855 Main Street (Civic Auditorium) as a City Landmark - recommendation to uphold the decision of the Landmarks Commission designating the Civic Auditorium as a City Landmark, with the proposed findings.

Applicant: City of Santa Monica

Appellant: Councilmember Herb Katz

On order of the Mayor, the Council meeting was continued to February 5, 2002, to hear this item.

9-B: Public hearing for vacation of easements for Main Library Expansion Project.

On order of the Mayor, this matter was continued to February 12, 2002.

Councilmember Genser was excused at 2:00 a.m.

9-C: Public hearing and adoption of Resolution No. 9741 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ISSUING A RATE ORDER REGARDING THE BASIC CABLE SERVICE TIER AND EQUIPMENT AND INSTALLATION RATES FOR CENTURY-TCI CALIFORNIA, L.P. (DBA ADELPHIA COMMUNICATIONS CORPORATION)," was presented.

The following members of the public spoke in opposition to increased rates: Chuck Allord, Clifford Stern. Member of the public Lee Perron appeared on behalf of Adelphia Communications to answer questions.

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

AYES: Councilmembers O'Connor, Bloom, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmembers Holbrook, Genser, Katz

12-A: Request of Robert and Linda Posek to address Council regarding the construction of a driveway in their property and the City Arborist's decision of the placement of the driveway relative to a Canary Island Pine tree in the adjacent parkway. (Continued from January 8, 2002).

At the request of Mr. Posek, this matter was continued to a future meeting due to the lateness of the hour.

12-B: Request of Chris de Carlo to enlist the City's assistance in securing the Playhouse's, located at 1211 4^th Street, future in the City of Santa Monica, was presented.

The following members of the public spoke in support of the request. Sandra Zeitaew, Evelyn Rudie, Lizzy Kerp, Azeen Khanmalek, Cara Siegel, Jordan Katz, Billie Dawn Grenblatt, John Waroff, Juliet Berna, Ryan Flegal, Graham Silbert, Natasha Pettit, Andrew Gaines, Celeste Akiki, Kate Burleigh and Cammy Truang.

Motion by Mayor Pro Tem McKeown, to provide $50,000 in assistance to the Playhouse. The motion failed by lack of a second.

Motion by Mayor Pro Tem McKeown, to commit $20,000 in assistance to the Playhouse. There was no second to the motion.

Motion by Councilmember Bloom, seconded by Councilmember O'Connor, to direct staff to assess the capacity of the Playhouse for fundraising and return with options and a time-sensitive plan. The motion was unanimously approved by voice vote, with Councilmembers Katz, Genser, and Holbrook absent.

13-A: 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 February 12, 2002.

13-B: Appointment to one special vacancy on the Commission on Older Americans for a partial term ending June 30, 2003.

On order of the Mayor, this matter was continued to February 12, 2002.

13-C: 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 February 12, 2002.

13-D: Appointment to one annual vacancy on the Pier Restoration Corporation for a term ending November 8, 2005.

On order of the Mayor, this matter was continued to February 12, 2002.

13-E: Request of Councilmember O'Connor to adopt Resolution No. 9742 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA IN SUPPORT OF PROPOSITION 42, WHICH WOULD REQUIRE THAT THE GASOLINE SALES TAX BE DEDICATED TO IMPROVING THE STATE'S TRANSPORTATION SYSTEM," was presented.Motion by Councilmember O'Connor, 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 Bloom, O'Connor, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmembers Katz, Holbrook, Genser

Motion by Councilmember O'Connor, seconded by Councilmember Bloom, to approve request. The motion was approved by the following vote:

AYES: Councilmembers Bloom, O'Connor, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmembers Katz, Holbrook, Genser

Member of the public Pro Se expressed his opinions relative to the performance of the Mayor.

On order of the Mayor, the regular meeting of the City Council recessed at 2:54 a.m., to February 5, 2002 at 6:45 p.m.

Councilmember Holbrook was excused at 10:10 p.m.

On order of the Mayor, the regular City Council meeting reconvened on Tuesday, February 5, 2002, at 6:45 with all members present, to continue with deliberations and action on this matter.

8-A: Conceptual approval of Civic Center Land Use Plan - recommendation to approve, in concept, the proposed Civic Center Land Use Plan and authorize the Civic Center Working Group and staff to begin preparation of the written Civic Center Specific Plan and Environmental Review, was presented.

At the request of Mayor Feinstein the following motion was considered before reopening the public hearing.

Motion by Mayor Feinstein, seconded by Councilmember Katz, to hear public comment, deliberate and then direct staff to evaluate any variety of issues identified, with staff to return at a subsequent meeting for Council action. The motion was approved by the following vote:

AYES: Councilmembers Katz, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: Councilmember Genser

ABSENT: None

On order of the Mayor, the public hearing was reopened and the following members of the public expressed their opinions and provided suggestions for the project: Jan Williamson, Steve Mount, Maryanne La Guardia, Jerry Rubin, John Deasy, Kirsten Hibert, Linda Nussbaum, Michael Delaney, Patrick McClure, Mark Black, Frank Schwitzer, Graham Wong, Robert Ettenger, Jack Epps, Conway Collis, Terry Sakow, Carl Hammer, Chris Corliss, Patricia Hoffman, Larry Willner, Jean Gebman, Gaye Saxon, Tobin Watermaker, Shirley Mae Epps, John Given, Joan Charles, Ted Catanzaro, Susan Suntree, Jonathan Arenberg, Mark Kelly, David Ayala, Ken Ward, Jay Fiondella, Margeret Mills, Sherril Kushner, Gorton Vallely, Stephanie Barbanell, Roger Genser, Frank Gatell, and Lucy Acevedo.

Considerable discussion ensued on the project and on the comments made by members of the public.

Motion by Councilmember Bloom, seconded by Councilmember Genser, to approve the plan in concept.

Motion to amend by Mayor Pro Tem McKeown, to direct staff to analyze the inclusion of playfields recommended in short and long-term context and with respect for nearby neighborhoods, a revision in circulation including connecting 2^nd Street to Main Street and possibility of moving West Olympic Drive, with included safety personnel input; increasing the number of housing units with inclusion of live-work configurations; specify arts and cultural amenities, including exhibition and performance space and a possible college theater; further study of above and below grade parking options; and including future rail possibilities. The amendment was considered friendly by the maker and seconder.

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

AYES: Councilmembers O'Connor, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Holbrook

9-A: Appeal of Landmarks Commission decision designating 1855 Main Street (Civic Auditorium) as a City Landmark.

At the request of Councilmember Katz, the appellant, this matter was continued to April 9, 2002.

On order of the Mayor, the City Council meeting was adjourned at 10:15 p.m.

ATTEST: 

Maria M. Stewart, City Clerk

APPROVED:

Michael Feinstein, Mayor