CITY OF SANTA MONICA

CITY COUNCIL MINUTES

FEBRUARY 12, 2002

A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:49 p.m., on Tuesday, February 12, 2002, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Michael Feinstein

Mayor Pro Tem Kevin McKeown

Councilmember Ken Genser (arrived at 6:10 p.m.)

Councilmember Robert T. Holbrook

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 5:49 p.m., with Councilmember Genser 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 Joy Fullmer expressed various concerns. Members of the public Bernard Kamine and Aaron Heirshberg spoke in opposition to Item 1-A.

At the request of Mayor Feinstein, Items 1-A and 1-C were removed from the Consent Calendar, and asked that they be considered after the closed sessions.

Motion by Councilmember Katz, seconded by Councilmember Bloom, to approve all items on the Consent Calendar as presented except for Items 1-A and 1-C, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Katz, Bloom, O'Connor, Holbrook,

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Genser

1-B: Water main replacement project - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7965 (CCS) with Williams Supply Co., Inc., in the amount of $275,000, for construction of a replacement water main along Ocean Avenue from Colorado Boulevard to Pico Boulevard, an amendment to Contract No. 7966 (CCS) with DMR Team, in the amount of $25,000, for construction management services; and approval of a $300,000 appropriation, was approved.

1-D: Municipal Pool Project - Recommendation to authorize the City Manager to execute a contract amendment to Contract No. 7978 (CCS) with Swinerton Builders, in the amount of $842,585 for a total of $7,692,585, for contingency purposes related to the Municipal Pool Project, was approved.

1-E: Certification of Statement of Official Action for Jack-in-the-Box - recommendation to approve the Statement of Official Action taken relating to the appeal of a conditional use permit for the restaurant located at 2423 Wilshire Boulevard, was approved.

1-F: Restoration of Crescent Bay Park Pergola - recommendation to authorize the City Manager to negotiate and execute a modification to Contract No. 8011 (CCS) with Dynamic General Contractors, in the amount of $100,000, for seismic retrofit of the Crescent Bay Park Pergola, and approve the proposed transfer of funds, was approved.

1-G: Resolution No. 9743 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE CITY'S SUPPORT FOR THE PASSAGE OF PROPOSITION 40, THE CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002," was adopted.

1-H: Appian Way Retaining Wall Project - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7994 (CCS) with KEC Engineering, in the amount of $248,500, for completion of the project, and approval of recommended appropriation, was approved.

Councilmember Genser arrived at 6:10 p.m.

On order of the Mayor, the City Council recessed at 5:55 p.m., and reconvened at 6:55 p.m., with all members present, to report the following:

2-A: Conference with Legal Counsel - Existing Litigation: Parvaneh Rahnama v. City of Santa Monica, Case No. SC 062 679.

ACTION: Not heard.

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

ACTION: Not heard.

2-C: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 01CC04331.

ACTION: Not heard.

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

ACTION: Not heard.

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: Andy and Rachel Goldberg v. Santa Monica Planning Commission, et al., Case No. SS 010 548.

ACTION: Heard.

2-G: Conference with Legal Counsel - Existing Litigation: Pico Neighborhood Assn v. City of Santa Monica, Case No. SC 063 874.

ACTION: No reportable action taken.

2-H: Claim No. ASM 01-1520 against the City of Santa Monica.

Claimant: Raymond Hyrny.

ACTION: Not heard.

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

Number of cases: Four.

ACTION: Heard. No reportable action taken.

1-A: Riviera Reservoir Rehabilitation Project - recommendation to authorize the City Manager to negotiate and execute Contract No. 8068 (CCS) 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 presented.

The Mayor asked staff to reply to concerns expressed regarding this item during public comment. Staff provided information on bids and on the data gathered on previous projects completed by the bidders.

On order of the Mayor, this item was continued to later in the meeting to allow staff time to provide additional details on the date gathered regarding the quality of bidders' finished projects.

On order of the Mayor, at 9:06 p.m., the City Council returned to take action on this item upon receipt of requested information from staff.

Motion by Councilmember Bloom, seconded by Councilmember Genser, to approve recommendation. 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

1-C: City Investment Policy - recommendation to approve revision to City Investment Policy and continue delegation of investment authority to City Revenue Manager/Treasurer, was presented.

Mayor Feinstein advised that he wanted to add to the motion to approve as follows:

Motion by Mayor Feinstein, seconded by Councilmember Katz, to approve recommendation, and to direct staff to evaluate ways to facilitate a portion of the "Local Agency Investment Fund" to be directed to Santa Monica to stimulate socially responsible projects. 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

6-A: Appeals to Planning Commission's denial of permits related to two mixed-use projects at 2012-2024 and 2021-2029 Main Street and recommendation to certify the related final environmental impact report - recommendation to adopt Resolution 9744 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TWO PROPOSED MIXED-USE PROJECTS;" deny the appeals and uphold the Planning Commission's denial of Development Review and Conditional Use Permits, and denial of Vesting Tentative Parcel Map for both projects; and deny Text Amendment 99-010 for the project located at 2012-2024 Main Street, was presented.

Christopher Harding representing applicant Howard Jacobs, as well as Mr. Jacobs, spoke in support of the project.

The following members of the public spoke in support of the project: Joey Fullmer, John Garronchea, Halil Parlar, Marion Fond Banandi, Scott Tapp, Paul Pearson, Jerry Rubin, Gary Gordon, Jenna Caden, Ralph Mechur, Jeff Seinstein, Mike Gruning, Suzanne Caplan.

Members of the public Kathleen Masser and Arthur Harris spoke in opposition to the project.

Member of the public Rick Laudati addressed various issues relative to the project.

Applicant Jacobs and Mr. Harding provided a rebuttal to comments made during the hearing.

On order of the Mayor, the public hearing was closed. Considerable discussion ensued on the merits of the project and on the comments made by members of the public.

Motion by Councilmember Katz, seconded by Councilmember Holbrook, to adopt the resolution certifying the final environmental impact report, reading by title only, and waiving further reading thereof. The motion was adopted by the following vote:

AYES: Councilmembers Holbrook, O'Connor, Katz,

Mayor Feinstein

NOES: Councilmembers Bloom, Genser, Mayor Pro Tem McKeown

ABSENT: None

Additional discussion ensued on the modifications made to the project after the Planning Commission action, on possible additional modifications, on the benefits of the project to the area, and on possible additional analyses needed.

Applicant Howard Jacobs, stated for the record, that the application was hereby being amended and entered into the record to reflect the proposals submitted to staff and Council, including assistance for affordable housing to offer two on-site affordable units, in addition to paying the full in-lieu fee required.

Motion by Mayor Feinstein, seconded by Councilmember Katz, to direct staff to prepare appropriate documentation, including findings, necessary to approve the project.

Motion to amend by Councilmember Genser, to indicate as part of the motion the City Council's intent to approve the project. The motion was amended as friendly.

Motion to amend by Councilmember Genser, that the project be redesigned to increase permeability to the facade on Main Street. The motion was not friendly, and there was no second to the motion.

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

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

NOES: None

ABSENT: None

7-A Second reading and adoption of Ordinance No. 2033 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING REQUIREMENT FOR DISTRIBUTION OF INFORMATION SHEET FOR CANDIDATES FOR ELECTED OFFICE," was presented.

Motion by Mayor Feinstein, seconded by Mayor Pro Tem McKeown, to adopt the ordinance, reading by title only and waiving further reading thereof. 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

7-B. Second reading and adoption of Ordinance No. 2034 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE OFFICIAL DISTRICTING MAP TO REZONE 2101 PICO BOULEVARD FROM HIGHWAY COMMERCIAL DISTRICT, LOW DENSITY MULTIPLE RESIDENTIAL DISTRICT, AND LOW DENSITY MULTIPLE RESIDENTIAL WITH AN OFF-STREET PARKING OVERLAY DISTRICT, TO DESIGNATED PARKS DISTRICT; TO REZONE 2115 PICO BOULEVARD FROM HIGHWAY COMMERCIAL DISTRICT TO DESIGNATED PARKS DISTRICT; TO REZONE 2121 PICO BOULEVARD FROM HIGHWAY COMMERCIAL DISTRICT TO DESIGNATED PARKS; AND TO REZONE 2233 PICO BOULEVARD FROM HIGHWAY COMMERCIAL DISTRICT TO DESIGNATED PARKS DISTRICT," was presented.

Motion by Councilmember Genser, seconded by Councilmember O'Connor, to adopt the ordinance, reading by title only and waiving further reading thereof. 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

7-C: Introduction and adoption of Interim Ordinance No. 2035 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING THE MODIFICATIONS TO DEVELOPMENT STANDARDS, USES SUBJECT TO A PERFORMANCE STANDARDS PERMIT AND A USE PERMIT, PROHIBITED USES AND THE DEVELOPMENT REVIEW THRESHOLD WITHIN THE C2 NEIGHBORHOOD COMMERCIAL DISTRICT ALONG MONTANA AVENUE AND MODIFYING THE PERMITTED USES ON MONTANA AVENUE TO INCLUDE EXISTING CINEMAS AND THE MAXIMUM FLOOR AREA RATIO FOR CINEMAS FOR AN ADDITIONAL 24 MONTHS; AND DECLARING THE PRESENCE OF AN EMERGENCY," was presented.

There was no one present for public comment.

Motion by Mayor Pro Tem McKeown, 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 Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: None

7-D: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE CHAPTER 9 REGARDING HAZARDOUS VISUAL OBSTRUCTIONS ADJACENT TO VEHICLE AND PEDESTRIAN RIGHT-OF-WAYS, FENCES AND WALLS IN THE HAZARDOUS VISUAL OBSTRUCTION AREA," was presented.

Member of the public Brian Hutchings expressed various concerns.

Motion by Councilmember Holbrook, seconded by Councilmember Katz, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof, and amended to reflect that the 2½ feet from side yard should be to the garage door opening. 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

7-E: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 3.12.835 TO THE MUNICIPAL CODE AND AMENDING SECTION 3.16.120 OF THE MUNICIPAL CODE TO ESTABLISH PARKING REGULATIONS RELATING TO ELECTRIC VEHICLES," was presented.

There was no one present for public comment.

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 with direction to staff to assure clarity on signs posted. 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

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY:

On order of the Mayor, the special meeting convened at 10:25 p.m., with all members present.

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

Motion by Mayor Feinstein, seconded by Councilmember Holbrook, to approve the minutes as submitted. The minutes were approved by voice vote with Councilmember Katz abstaining, and all members present.

8-B: Geotechnical Study of the Santa Monica Palisades Bluffs Project - recommendation to authorize the City Manager and the Executive Director, respectively, to negotiate and execute Contract No. 8069 (CCS) (RAS) with URS Corporation, in the amount of $400,000, for a geotechnical study of the Palisades Bluffs, was presented.

Member of the public Gene Gebman spoke in favor of the recommendation.

Motion by Councilmember Katz, seconded by Councilmember Bloom, to approve staff recommendation, including accepting the comments of the member of the public to think long-term. 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

On order of the Mayor, the special joint meeting was adjourned at 10:35 p.m., and the regular City Council meeting reconvened with all members present.

8-C: Update to workload priorities for Planning and Community Development Department in Fiscal Year 2001-2002.

On order of the Mayor, this matter was continued to a future meeting.

9-A: Public hearing for vacation of easements for Main Library Expansion Project - recommendation to adopt Resolution No. 9745 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ORDERING THE VACATION OF EXCESS PUBLIC STREET RIGHT-OF-WAY AND PUBLIC SERVICE UTILITY EASEMENTS LOCATED IN A PORTION OF SIXTH COURT ALLEY," was presented.

Motion by Councilmember Genser, seconded by Councilmember O'Connor, to adopt resolution, reading by title only and waiving further reading thereof. 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

9-B: Public hearing to consider the Santa Monica's Big Blue Bus Service Improvement Program and Short Range Transit Plan - recommendation to hold a public hearing, consider public input and adopt the FY 2002-2004 Service Improvement Program, authorize the City Manager to file the Short Range Transit Plan, and authorize the City Manager to file applications and execute related grant documents for federal, state and local funds, was presented.

Member of the public Jerry Rubin spoke in favor of the recommendation.

Motion by Councilmember O'Connor, seconded by Mayor Pro Tem McKeown, to approve staff recommendation. 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

12-A: Request of Brent Bambic to address Council requesting the installation of speed bumps on Delaware, and/or a 4-way stop sign at 18^th and Delaware, and a speed limit sign at Delaware, was presented.

Motion by Mayor Feinstein, seconded by Mayor Pro Tem McKeown, to direct staff to provide relevant information report. The motion was unanimously approved by voice vote, with all members present.

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

At the request of Councilmember Katz, and with consensus of Council, the City Clerk was directed to republish and return to agenda on March 26, 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 March 26, 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, the floor was opened for nominations. Councilmember Bloom nominated Doris Sosin. Councilmember Katz nominated Barbara Walter. Ms. Sosin was appointed by the following vote:

Doris Sosin: Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tem O'Connor, Mayor Feinstein

Barbara Walter: None

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

On order of the Mayor, the floor was opened for nominations. Councilmember Genser nominated Kent Smith. Councilmember Katz nominated Linda Waade. Ms. Waade was appointed by the following vote:

Kent Smith: Councilmembers Genser, Bloom, O'Connor

Linda Waade: Councilmembers Katz, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein

Councilmember O'Connor requested her vote be changed in support of Ms. Waade, for a final vote as follows:

Kent Smith: Councilmembers Genser, Bloom,

Linda Waade: Councilmembers Katz, Holbrook, O'Connor,

Mayor Pro Tem McKeown, Mayor Feinstein

13-E: Acceptance of Ed Muzika's letter of resignation from the Commission on Older Americans, and authorization for the City Clerk to publish the vacancy, was presented.

Motion by Councilmember Bloom, seconded by Mayor Feinstein, to accept the letter with regrets and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with all members present.

Members of the public Brian Hutchings, Pro Se, and Art Casillas expressed various concerns.

On order of the Mayor, the City Council meeting was adjourned at 11:23 p.m. to February 26, 2002, at 5:30 p.m. in memory of Mary Nelson.

APPROVED: Michael Feinstein, Mayor

ATTEST: Maria M. Stewart ,City Clerk