CITY OF SANTA MONICA

CITY COUNCIL MINUTES

FEBRUARY 26, 2002

A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:43 p.m., on Tuesday, February 26, 2002, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Michael Feinstein

Mayor Pro Tem Kevin McKeown

Councilmember Richard Bloom

Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 6:55 p.m.)

Councilmember Pam O'Connor (arrived at 5:47 p.m.)

Absent: Councilmember Herb Katz

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

CONVENE/PLEDGE:

On order of the Mayor, the City Council convened at 5:43 p.m., with Councilmembers Katz, O'Connor, and Holbrook absent. Councilmember Bloom 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.

Motion by Mayor Pro Tem McKeown, seconded by Mayor Feinstein, to approve all items on the Consent Calendar as presented, reading resolutions and ordinances 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: None

ABSENT: Councilmembers Katz, O'Connor, Holbrook

MINUTES

1-A: The minutes of the January 22, and February 5, 2002, City Council minutes, were approved as submitted.

MAIN LIBRARY EIR

1-B: Main Library Project Environmental Impact Report Contract - recommendation to authorize the City Manager to negotiate and execute Contract No. 8072 (CCS) with EIP Associates, in the amount of $263,600, to prepare an environmental impact report for the City's Main Library project, was approved.

CALIFORNIA INCLINE/PIER BRIDGE WIDENING

Councilmember O'Connor arrived at 5:47 p.m.

1-C: Outreach services for the California Incline Replacement and Pier Bridge Widening Projects - recommendation to authorize the City Manager to negotiate and execute Contract No. 8073 (CCS) with Harris and Company, in the amount of $150,000, for public outreach services for the two projects, was approved.

On order of the Mayor, the City Council recessed to hear closed sessions at 5:51 p.m., and returned at 6:50 p.m., with Councilmembers Katz and Holbrook absent. Action taken on closed sessions was reported at the end of the meeting.

STUDY SESSION:

Councilmember Holbrook arrived at 6:55 p.m.

3-A: Study session on Big Blue Bus funding, analysis of current fare structure, and recommendation to direct staff to hold a public hearing on May 14, 2002, for adoption of fare modifications, was held.

Members of the public Joey Fullmer, Julian Thompson, and Jerry Rubin spoke in support of the Big Blue Bus.

Discussion ensued regarding the proposals and recommendations and the effects of a fare modification.

Motion by Councilmember Genser, seconded by Councilmember Bloom, to approve recommendation, refer the questions discussed to staff; to direct staff to study the nexus of fees to commercial development, and to project the 50 cent fare cost established in 1983, to current value. The motion was unanimously approved by voice vote, with Councilmember Katz absent.

ADMIN. PROCEEDINGS:

MAIN STREET MIXED USE PROJECTS

6-A: Appeals to Planning Commission's denial of permits related to two mixed-use projects at 2012-2024 and 2021-2029 Main Street - recommendation to grant the appeals and reverse the Planning Commission's actions; adopt Resolution No. 9746 (CCS) entitled: "A RESOLUTION APPROVING FINDINGS NECESSARY TO APPROVE PROJECT, ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS AND ADOPTING MITIGATION MONITORING PROGRAM," and conditions for development review permits, conditional use permits, and vesting tentative map; and introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 9.04.08.28.070." Applicant/Appellant: Calstar Equities, Inc., was presented.

Appellant Howard Jacobs spoke in support of the project.

Members of the public Kathleen Masser, William Floyd, Arthur Harris, Ellen Brennan and Stephanie Barbanell spoke in opposition to the project.

Members of the public Paul Pearson, Halil Parlar, Josetta Parlar, Jerry Rubin and Jenna Caden spoke in support of the project.

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 Holbrook, O'Connor, Bloom, Genser,

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Katz

Motion by Councilmember Genser, seconded by Councilmember O'Connor, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Katz

Motion by Councilmember Genser, seconded by Councilmember Bloom to approve findings and conditions for redevelopment review permits, conditional use permits and vesting tentative map. The motion was approved by the following vote:

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

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Katz

ORDINANCES:

7-A: Second reading and adoption of Ordinance No. 2036 (CCS) 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.

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

NOES: None

ABSENT: Councilmember Katz

PARKING REGULATIONS FOR ELECTRIC VEHICLES

7-B: Second reading and adoption of Ordinance No. 2037 (CCS) 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.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Bloom, 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, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Katz

CITY CONTRACT AUTHORITY

7-C: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2 OF THE MUNICIPAL CODE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO PROFESSIONAL SERVICES CONTRACTS INVOLVING THE PREPARATION OF ENVIRONMENTAL DOCUMENTS WITHOUT REQUIRING PRIOR CITY COUNCIL APPROVAL," was presented.

Members of the public A.M. Mann, Stephanie Barbanell, Jerry Rubin and Ellen Brennen spoke in opposition to the ordinance.

Member of the public Chris Harding spoke in support of the ordinance.

Motion by Councilmember Genser, seconded by Councilmember O'Connor, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Katz

MONTANA AVENUE

7-D: Introduction and first reading of an interim ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING MODIFICATIONS TO DEVELOPMENT STANDARDS, USES SUBJECT TO A PERFORMANCE STANDARDS PERMIT, USES SUBJECT TO 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 EXISTING CINEMAS," was presented.

There was no one present for public comment

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Katz

LEASE AGREEMENTS

7-E: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA APPROVING CERTAIN LEASE AGREEMENTS BETWEEN THE CITY AND THE REDEVELOPMENT AGENCY," was presented.

There was no one present for public comment.

Motion by Councilmember Holbrook, seconded by Councilmember Bloom, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Katz

SPECIAL JOINT MEETING:

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

THE REDEVELOPMENT AGENCY:

MID-YEAR BUDGET

8-A: Fiscal Year 2001-02 Mid-Year Review - recommendation that: the City Council, the Housing Authority, and the Redevelopment Agency approve the budget changes proposed; and the City Council adopt Resolution No. 9747 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING VARIOUS CLASSIFICATIONS AND SALARY RATES," was presented.

Members of the public Tom Carter and Maria Arechaederra addressed various budget matters.

Motion by Councilmember Holbrook, seconded by Councilmember O'Connor, to approve proposed budget changes. The motion was approved by the following vote:

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

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Katz

Motion by Councilmember Holbrook, 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 Holbrook, O'Connor, Bloom, Genser,

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Katz

Motion by Mayor Feinstein, seconded by Councilmember O'Connor, to direct staff to work with lobbyist to give legislative exemption to cities that already fund social services programs beyond the threshold amount, relative to a pending bill in Sacramento on reallocation of sales tax revenues. The motion was unanimously approved by voice vote, with Councilmember Katz absent.

ADJOURNMENT OF JOINT MEETING

On order of the Mayor, the special joint meeting adjourned at 9:20 p.m., and the City Council reconvened to their regular Council meeting with Councilmember Katz absent.

PCD PRIORITIES

8-B: Update to workload priorities for Planning and Community Development Department in Fiscal Year 2001-2002, was presented.

The following members of the public provided input on the order of priorities for the department: Arthur Harris, Joan Charles, Sandy Grant, Rick Laudati, Dennis Woods, Ed McCann, Ann McHugh, Stephanie Barbanell, A. Holcomb, Russell Bennett, Chuck Allord, and Ellen Brennan.

Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to defer the Auto Dealers and the California incline EIR projects and move up on the priority list the Circulation Element and the Transportation Right of Way.

Discussion ensued on the individual projects, the current status of the projects, and the effect on ongoing efforts if the department's priorities are rearranged.

Councilmember Genser withdrew his motion.

Motion by Mayor Feinstein, seconded by Councilmember Holbrook, that for the current fiscal year, on the matter of the City's alcohol policy - to ask the Planning Commission to work on conditions and on most effective ways to deal with the issues, and involve members of the public to help define and identify ways to deal with the different problems; that there be an analysis on the options to expand Architectural Review Board noticing to make it effective and affordable; to consolidate retail uses into promenade uses; and as to the auto dealer task force project, the expansion of study to continue, pending approval of finances. In addition, that for next fiscal year's planning priorities - foreshadowing Council interest for placing high priority on: R1 standards for Sunset Park and north of Wilshire, Borderline Neighborhood, light manufacturing/housing, Circulation Element, and the transportation right of way,

The motion was unanimously approved by voice vote, with Councilmember Katz absent.

COUNCIL ITEMS:

EXPOSITION CORRIDOR RAIL LINE

13-A: Request of Mayor Feinstein to direct staff to pursue an accelerated development of the exposition corridor rail line in Santa Monica, including potentially convening relevant city, county, state and federal agencies to explore synergistic funding opportunities to mix transportation, recreation, education and housing, was presented.

Member of the public Chuck Allord spoke in opposition to the request. Members of the public Jonathan Arthur, Darrell Clark and Jean Gebman spoke in support of the request.

Motion by Mayor Feinstein, seconded by Councilmember McKeown, to approve request. The motion was unanimously approved by voice vote, with Councilmember Katz absent.

HIGH SCHOOL ORCHESTRA

13-B: Request of Councilmember Genser that the City make a donation to the Santa Monica High School Orchestra's campaign to raise travel funds to attend and perform at Carnegie Hall, was presented.

Members of the public Daniel Osansky and Joe Phelps spoke in support of the request.

Motion by Councilmember Genser, seconded by Councilmember Bloom, to approve $15,000 from Council's discretionary funds for the High School Orchestra, with the funding to cover members only and not chaperones. The motion was unanimously approved by voice vote, with Councilmember Katz absent.

SANTA MONICA COLLEGE MEASURE "U"

13-C: Request of Councilmember Bloom, as liaison to the Commission on Older Americans, to consider the Commissions' request that the Council support the Santa Monica College Bond Act Measure "U" scheduled for the March 5, 2002, Primary Election, was presented.

Daniel Cohen, member of the Commission on Older Americans, spoke in support of the request. Member of the public Chuck Allord spoke in opposition to the request.

Discussion ensued on the merits of the measure and on statements made during public comment.

Motion by Councilmember O'Connor, seconded by Councilmember Holbrook, to table the matter.

Further discussion ensued. The motion was dropped and no reportable action was taken.

CLOSED SESSIONS:

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

Motion by Councilmember Holbrook, seconded by Councilmember O'Connor, to approve settlement in the amount of $25,000. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Katz

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

Assistant City Attorney Joe Lawrence reported the following : A settlement has been agreed upon related to this litigation case to assign and transfer to the City of Santa Monica all of Southern California Water Company's legal rights to its claims brought against the oil industry, leaving the City as the only entity suing the oil industry for the Charnoc Basin contamination. The City will be purchasing, at a price to be determined by arbitration, all Southern California Water Company's rights to the basin, so the City will be only entity with rights to pump water from the basin. The City will make a $150,000 non-refundable deposit toward the purchase from account number C25085499.589000.

Motion by Councilmember O'Connor, seconded by Councilmember Bloom, to approve the settlement and $150,000 appropriation, and to authorize the City Manager to execute all related documents. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Katz

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

ACTION: Heard. No reportable action taken.

2-D: 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-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: Pico Neighborhood Association v. City of Santa Monica, Case No. SC 063 874.

ACTION: Not heard.

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

Claimant: Raymond Hyrny.

Motion by Councilmember O'Connor, seconded by Councilmember Holbrook, to approve settlement in the amount of $200,000. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Katz

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

Number of cases: Four.

ACTION: One case heard. No reportable action taken.

PUBLIC INPUT:

Members of the public Chuck Allord, Art Casillas and Clifford Stern discussed various concerns.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 12:30 a.m. to March 5, 2002.

APPROVED: Michael Feinstein, Mayor

ATTEST: Maria M. Stewart, City Clerk