CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 5, 2002
An adjourned regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:41 p.m., on Tuesday, March 5, 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 (arrived at 5:50 p.m.)
Councilmember Robert T. Holbrook (arrived at 7:15 p.m.)
Councilmember Pam O'Connor
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 5:41 p.m., with Councilmembers Holbrook, Katz, and Genser absent. Mayor Pro Tem McKeown 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.
Member of the public Joy Fullmer voiced various concerns.
CHANGE ORDER OF AGENDA:
PUBLIC COMMENT
Councilmember O'Connor was excused at 5:48 p.m.
On order of the Mayor, in order to honor a request to speak early due to medical reasons, the order of the agenda was changed to listen to Item 14, Public Comment.
Member of the public Pro Se began to discuss a newspaper article on the subject of a political party. Mayor Feinstein advised that the matter was not within the City's jurisdiction and asked that he address his remarks to a jurisdictional issue.
The Mayor noted that with Councilmember O'Connor leaving the dais, Council had lost the quorum at 5:48 p.m., and temporarily adjourned.
RECESS/CLOSED SESSION
Councilmember Genser arrived at 5:50 p.m.
On order of the Mayor, the Council recessed at 5:50 p.m., to hear closed sessions, and reconvened at 5:53, p.m., with Councilmembers Katz and Holbrook absent, to continue with the Consent Calendar.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tem McKeown , 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, O'Connor,
Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Katz, Holbrook
MINUTES
1-A: The minutes of the February 12, 2002, City Council meeting were approved, as submitted.
PUBLIC SAFETY FACILITY
1-B: Geotechnical Inspection Services for the Public Safety Facility Project - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7648 (CCS) with Law Engineering and Environmental Services, Inc., in the amount of $45,710, for additional geotechnical and inspection services for the Public Safety Facility project, was approved.
1719 OCEAN FRONT WALK
1-C: Resolution and subdivision agreement for Final Tract Map for 1719 Ocean Front Walk - recommendation to authorize the City Manager to negotiate and execute Subdivision Improvement Agreement No. 8078 (CCS), and adopt Resolution No. 9748 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 52838 FOR A 5-UNIT CONDOMINIUM PROJECT AT 1719 OCEAN FRONT WALK," was approved.
SPACE & RECREATION PROGRAM
1-D: Resolution for Urban Open Space and Recreation Program block grant funds - recommendation to adopt Resolution No. 9749 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING APPLICATION FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION ACT OF 2000, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY RELATED DOCUMENTS," was approved.
END OF CONSENT CALENDAR
CLOSED SESSIONS:
The City Attorney reported the following action taken on closed sessions:
2-A: Conference with Legal Counsel - Existing Litigation: Southern California Water Company v. City of Santa Monica, Case No. SC 064 682.
ACTION: Heard. No reportable action taken.
2-B: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 01CC04331.
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel - Existing Litigation: David Levy et al., v. City of Santa Monica, Case No. SC 063 147.
ACTION: Not heard.
2-D: Conference with Legal Counsel - Existing Litigation: 2000 Main Street v. City of Santa Monica, Case No. SS 067 899.
ACTION: Not heard.
2-E: Conference with Legal Counsel - Existing Litigation: Pico Neighborhood Association v. City of Santa Monica, Case No. SC 063 874.
ACTION: Not heard.
2-F: Conference with Legal Counsel - Existing Litigation: Andy and Rachel Goldberg v. Planning commission of the City of Santa Monica, et al., Case No. SS 020 548.
ACTION: Not heard.
2-G: Conference with Legal Counsel - Existing Litigation: Marsha Revel v. City of Santa Monica, Case No. SC 061 334.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tem McKeown, to approve settlement in the amount of $25,000. The motion was approved by the following vote:
AYES: Councilmembers Genser, Bloom, O'Connor,
Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Katz, Holbrook
2-H: Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Three.
ACTION: Heard. No reportable action taken.
ORDINANCES:
DEVELOPMENT STANDARDS
7-A: Introduction and first reading of an interim ordinance amending the Municipal Code extending the modifications to development standards and building height projections for projects developed within the R2 low density multiple family residential, R3 medium density multiple family residential and R4 high density multiple family residential districts and to the requirements for demolition permits, was presented.
Members of the public Joey Fullmer and Jay Johnson expressed their views on the proposed ordinance.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to direct staff to return to Council with the matter of rear yard set backs as a separate item.
Discussion ensued on the timeline for the above direction. After discussion, Mayor Pro Tem McKeown withdrew his motion in order to make the following motion:
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to continue this matter to March 26th, with direction to staff to amend the language to address rear yard setbacks. The motion was unanimously approved by voice vote, with Councilmembers Katz and Holbrook absent.
PEDESTRIAN-ORIENTED USES
7-B: Second reading and adoption of Ordinance No. 2038 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA TO AMEND CHAPTER 9 OF THE MUNICIPAL CODE RELATING TO LOCATION OF PEDESTRIAN ORIENTED USES ON THE GROUND FLOOR IN THE CM3 ZONING DISTRICT," was presented.
Motion by Councilmember O'Connor, seconded by Mayor Feinstein, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Bloom, Genser,
Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Katz, Holbrook
PROFESSIONAL SERVICES CONTRACTS
7-C: Second reading and adoption of Ordinance No. 2039 (CCS) 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.
Motion by Councilmember O'Connor, 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,
Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Katz, Holbrook
MONTANA AVENUE DEVELOPMENT STANDARDS
7-D: Second reading and adoption of interim Ordinance No. 2040 (CCS) 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.
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 O'Connor, Bloom, Genser
Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Katz, Holbrook
LEASE AGREEMENTS
Councilmember Holbrook arrived at 7:15 p.m.
7-E: Second reading and adoption of Ordinance No 2041 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA APPROVING CERTAIN LEASE AGREEMENTS BETWEEN THE CITY AND THE REDEVELOPMENT AGENCY," was presented.
Motion by Councilmember O'Connor, 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 Genser, Bloom, O'Connor,
Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSTAIN: Councilmember Holbrook
ABSENT: Councilmember Katz
JOINT MEETING WITH THE REDEVELOPMENT AGENCY:
On order of the Mayor, the regular City Council recessed at 7:16 p.m., to reconvene to the special joint meeting with the Redevelopment Agency, with Councilmember Katz absent.
STAFF ADMIN. ITEMS:
SEISMIC RETROFIT OF PARKING STRUCTURES
8-A: Seismic Retrofit of Parking Structures and resolutions finding that the project is of benefit to Earthquake Recovery Redevelopment Project - recommendation that the City Council and the Redevelopment Agency authorize the City Manager and the Executive Director respectively, to negotiate and execute Agreement No. 8078 (CCS/RAS) for payment of costs related to the seismic retrofit of parking structures, and adopt Resolution No. 9750 (CCS) and Resolution No. 472 (RAS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA FINDING THAT THE ACTION IS OF BENEFIT TO THE EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT," and to authorize the City Manager to negotiate and execute construction Contract No. 8079 (CCS) with Sea-Pac Engineering, in the amount of $3,903,230, an amendment to Contract 7861 (CCS) with Black & Veatch, in the amount of $97,386, for engineering support services; and Contract No. 8080 (CCS) with Black & Veatch, in the amount of $418,128, for construction management services, and Contract 8081 (CCS) with Harris & Co., in the amount of $36,000, for public outreach services, was presented.
Member of the public Joey Fullmer expressed her opinion.
Motion by Councilmember Holbrook, seconded by Councilmember O'Connor, to authorize the City Manager to execute an agreement with the Redevelopment Agency and to adopt the resolution, 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
Motion by Councilmember Holbrook, seconded by Councilmember O'Connor, to authorize the City Manager to negotiate and execute the various contracts. 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
ADJOURNMENT OF SPECIAL MEETING
On order of the Mayor, the City Council adjourned the special joint meeting and reconvened the regular City Council meeting, with Councilmember Katz absent, at 7:22 p.m.
RESOLUTIONS:
PREFERENTIAL PARKING ZONE MM
11-A: Preferential Parking Zone MM including 9th Street between Pico Boulevard and the Santa Monica Freeway, Michigan Avenue, Bay, Grant, and Pacific Streets between Lincoln Boulevard and 10th Street - recommendation to adopt Resolution No. 9751 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CREATING PARKING ZONE MM AND AMENDING RESOLUTION 9344 (CCS) BY REPLACING EXHIBIT A," and approval of proposed revenue budget adjustment, was presented.
The following members of the public spoke in support of the recommendation: Paul Bailey, Lew Siwinski, Mark Segal, Frances DeLa Huerta, Heather Olivier, Christine Krainer, Kathryn Morea, Todd Lancaster, Marlo Lacenere, Cesar Morea, Katherine Caulfield, Jay Olivier, and M. Henderson.
The following members of the public spoke in support of parking spaces in the area for Santa Monica High School students and expressed various concerns regarding the recommendation: Justin Brownstone, Sam Epstein, and Christine Yee.
Motion by Councilmember O'Connor, seconded by Councilmember Holbrook, to approve staff recommendation and adopt resolution, reading by title only and waiving further reading thereof.
Substitute motion by Councilmember Genser, to approve staff recommendation and amend to include both sides of 9th Street for preferential parking. The motion died for lack of a second.
Motion to amend by Councilmember Bloom, to direct staff to communicate with the Board of the School District and the Superintendent regarding the need for students to maintain proper decorum when they park in the City's neighborhoods. The motion was accepted as friendly.
The main motion was approved by the following vote:
AYES: Councilmembers Bloom, O'Connor, Holbrook,
Mayor Pro Tem McKeown, Mayor Feinstein
NOES: Councilmember Genser
ABSENT: Councilmember Katz
It was the consensus of Council to direct staff to provide an information report on student pick-up from school sites and ridership.
COUNCIL ITEMS:
TORCA TAX REVENUES
13-A: Request of Mayor Pro Tem McKeown, as liaison to the Housing Commission, to direct staff to return to Council with charter amendment ballot initiative language implementing the Commission's recommendation for greater flexibility in the use of uncommitted and unspent TORCA tax revenues, was presented.
There was no one present for public comment.
Motion by Mayor Pro Tem McKeown, seconded by Mayor Feinstein, to approve request. The motion was unanimously approved by voice vote, with Councilmember Katz absent.
PUBLIC INPUT:
Public comment was heard earlier in the meeting. There was no one else present for public comment.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 9:00 p.m., in memory of Angelina E. Marquez Olivera and Sue Lemmon Tapia, to the Annual Board and Commission Dinner on March 19, 2002, at 6:30 p.m, at the East Wing of the Santa Monica Civic Auditorium.
ATTEST: Maria M. Stewart, City Clerk
APPROVED: Michael Feinstein, Mayor