CITY OF SANTA MONICA

CITY COUNCIL MINUTES

APRIL 23, 2002



A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:50 p.m., on Tuesday, April 23, 2002, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Michael Feinstein

Mayor Pro Tem Kevin McKeown

Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 7:15 p.m.)

Councilmember Herb Katz

Councilmember Richard Bloom

Councilmember Pam O'Connor



Also Present: Assist. City Manager Gordon R. Anderson

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

Records Management Coordinator Melodi A. Pearson



On order of the Mayor, the City Council convened at 5:50 p.m. with Councilmember Holbrook absent. Mayor Pro Tem McKeown led the assemblage in the Pledge of Allegiance.



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



Members of the public Pro Se, Tom Carter, Joey Fullmer and Chuck Allord addressed various items on the Consent Calendar.



At the request of Councilmember Genser, Items 1-E and 1-J were removed from the Consent Calendar.



Motion by Councilmember O'Connor, seconded by Councilmember Katz, to approve the Consent Calendar, except Items 1-E and 1-J, reading resolutions by title only and waiving further reading thereof. 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



1-A: Minutes of March 26, 2002, City Council meeting were approved.



1-B: Acceptance of funds from Getty Foundation for the City Hall Renovation Project - recommendation to authorize the City Manager to negotiate and execute agreements to accept $70,000 in planning grant funds from the Getty Foundation's "Preserve L.A." program for historical survey work associated with the City Hall renovation project, was approved.



1-C: Resolution No. 9757 (CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP NO. 21957" - recommendation to adopt a resolution to subdivide the property located at 2002-2008 Idaho Avenue for a 4-unit condominium project, was adopted.



1-D: Approval of "Celebrate America" Concert Program fireworks display on June 29, 2002 - recommendation to approve request from Santa Monica College to include fireworks in their 20th Annual "Celebrate America" Concert Program on June 29, 2002, was approved.



1-F: Contract amendment for design services for the Big Blue Bus Liquid Natural Gas Fueling Facility - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7287 (CCS) with USA-PRO, in the amount of $60,000, for design services related to the LNG fueling facility, was approved.



1-G: Contract for installation of new landscape irrigation system for Olympic Boulevard medians - recommendation to authorize the City Manager to negotiate and execute Contract No. 8096 (CCS) with Cascade Sprinklers, Inc., in the amount of $359,000, for the installation of new landscape irrigation system for the Olympic Boulevard medians, was approved.



1-H: Contract for replacement of windows at City Hall - recommendation to authorize the City Manager to negotiate and execute Contract No. 8097 (CCS) with Matrix Industries, Inc., in the amount of $186,000, for the City Hall Window Replacement project, was approved.



1-I: Resolution No. 9758 (CCS) entitled: "A RESOLUTION ESTABLISHING NEW CLASSIFICATIONS AND SALARY RATES FOR POSITIONS IN THE AQUATICS PROGRAM, was adopted.



1-K: Contracts for outside legal services related to construction projects - recommendation to authorize the City Manager to negotiate and execute Contract No. 8099 (CCS) with Steven Densmore, in the amount of $75,000, for legal services rendered, and Contract No. 8100 (CCS) with Cox Castle & Nicholson LLP, in the amount of $75,000, to provide legal services related to the preparation of construction documents and construction litigation, was approved.



1-E: Purchase of 250 bus stop benches recommendation to award purchase order to Landscape Forms, Inc., in the amount of $355,272.56, for 250 bus stop benches for Transit Services Division, Big Blue Bus Department, was presented.



Councilmember Genser advised that he pulled this item to assure the staff report conforms to the language and directions Council gave when the Transit Mall was adopted.



Motion by Councilmember Genser, seconded by Mayor Feinstein, to continue this item to a future meeting. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.



1-J: Contract for cable franchise related services - recommendation to authorize the City Manager to negotiate and execute Contract No. 8098 (CCS) with Arnold & Porter, in the amount of $126,000, for cable franchise and related legal, financial, and technical services, was presented.



Councilmember Genser advised the he pulled this item in response to public comment, to clarify that the contract is for a professional advisor that will help the City deal with all cable companies issues.



Motion by Councilmember Genser, seconded by Councilmember O'Connor, to approve staff recommendations. The motion was approved by the following vote:



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

NOES: None

ABSENT: Councilmember Holbrook



On order of the Mayor, the City Council recessed at 6:10 p.m., to considered closed sessions, and returned at 6:52 p.m., with Councilmember Holbrook absent, to report the following:



2-A: Conference with Legal Counsel - Existing Litigation: Alice Fellows v. City of Santa Monica, Case No. SC 063 167.



Motion by Councilmember O'Connor, seconded by Councilmember Bloom, to approve settlement in the amount of $21,500.00. The motion was approved by the following vote:



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

NOES: None

ABSENT: Councilmember Holbrook



2-B: Conference with Legal Counsel - Existing Litigation: Elisa DeLeon v. City of Santa Monica, Case No. SC 062 424.



Motion by Councilmember Katz, seconded by Councilmember O'Connor, to approve settlement in the amount of $17,500.00. 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



2-C: Conference with Legal Counsel - Existing Litigation: Action Apartment Association v. City of Santa Monica, Case No. BC 271 062.



ACTION: Not heard.



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



ACTION: Not heard.



2-E: Conference with Legal Counsel - Existing Litigation: Andy and Rachel Goldberg v. Planning Commission, et al., Case No. SS 020 548.



ACTION: Not heard.



2-F: Conference with Legal Counsel - Anticipated Litigation. Number of cases: Three.



ACTION: One case heard. No reportable action taken.



Councilmember Holbrook arrived at 7:15 p.m.



6-A: Appeal of Landmarks Commission's denial of a Certificate of Appropriateness for construction of semi-subterranean garage for project located at 2553 3rd Street - recommendation that City Council uphold the decision of the Landmarks Commission to deny a Certificate of Appropriateness to allow for construction of a semi-subterranean garage with balcony and entry stairs at the front of the property, located at 2553 3rd Street, under the existing first floor of a residence that is a contributor to the Third Street Neighborhood Historic District. Applicant/Appellant: Shirley Bly.

On order of the Mayor, this matter was continued to May 21, 2002.



8-A: Civic Center Conceptual Land Use Plan - recommendation that the City Council review staff analysis; approve in concept the Civic Center Land Use Plan; authorize the Civic Center Working Group and staff to begin preparation of the written Civic Center Plan and related environmental review, and authorize the City Manager to negotiate and execute a contract amendment with the ROMA Design Group, in the amount of $250,000, for preparation of the environmental impact report and completion of the written Specific Plan, was presented.



Members of the public expressed concerns about various issues regarding the proposal including, but not limited to, affordable housing, sports fields, a dance studio, artist live/work space, bike lanes, and curb design around the town square. Joey Fullmer, Donna Block, John Petz, Sonya Sones, Maryanne LaGuardia, Jason Parry, Elena Allen, Greg Spotts, Phyllis Green, Donna Sternberg, Zina Josephs, Chuck Allord, Todd Darling, Neil Carrey, Joe Natoli, Bruria Finkel, Patricia Hoffman, Dr. Robert Ettenger, Jonathan Aurthur, John Deasy, Josh Needle, Gary Gordon, Barbara Filet, Mario Fonda Bonavdi, Paul DeSantis, James Mount, Kent Strumpell, Steve Mount, Jerry Rubin, Jack Epps, Harry Roussos, Tom Larmore, Louise Jaffe, Graham Wong, Jan Williams, Pablo DeLaRosa, Chris Corliss, John Baron, Rebic Waher, Jean Gebman, Todd Hess, Judy Abdo, Frank Gatell, and Rick Gates.



On order of the Mayor, the City Council recessed at 9:20 p.m., and reconvened at 9:50 p.m., with all members present.



Councilmember Holbrook was excused at 1: 05 a.m.



Discussion ensued regarding the gateway at Fourth Street and Pico, keeping the Civic Auditorium, sports fields, usage of the Civic Center, the childcare center, coordinating all modes of travel movement between Main Street and downtown, bike routes, Olympia Drive, parking, affordable housing, artist work/live space, and on the comments made by the public.



Motion by Councilmember Genser, seconded by Councilmember Bloom, to approve staff recommendation, and amending the Conceptual Land Use Plan as follows: a) have gateway at 4th and Pico; b) keep the Civic Auditorium Building; c) approve a sports field, with the exact location to be determined; d) usage of the Civic Center to be mixed including cultural, community and educational uses; e) there is to be flexibility regarding the location of the Childcare Center, depending on the location of the sports field; f) work the best way possible to improve continuity of traffic movement between Main Street-Ocean Park District and downtown, making less change versus more on Main Street, while maximize open space and balancing the need for pedestrian and bicycle with auto traffic; g) to allow for bicycles routes in significant parts of the area; h) make a bicycle path connection between the Civic Center and the school district; i) to keep Olympic Drive open at Ocean Avenue; j) that there will be restrictions on underground parking; k) to maintain the footprint of affordable housing as is; l) relative to housing, there is to be emphasis on disabled housing and artist work/live space, and may include discussion with the Coastal Commission; and to authorize the Civic Center Working Group and the staff to begin preparation of the Civic Center Specific Plan and related environmental review and to authorize the City Manager to negotiate and execute a contract amendment with ROMA Design Group, in the amount not to exceed $250,000 for preparation of the environmental impact report and completion of the written Civic Center Specific Plan. The motion was approved by the following vote:



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

NOES: Councilmember Katz, Mayor Feinstein

ABSENT: Councilmember Holbrook



13-A: Request of Councilmember Katz to discuss the proposed "Homeowners Freedom of Choice Initiative." This is an issue that may save our city a lot of time and is in the best interests of our community as a concept that protects our goal of historical

preservation and yet allows freedom of choice and includes incentives for homeowners, was presented.



Members of the public Chuck Allord, Jerry Rubin, Tom Larmore, and Bea Nemlaha expressed various concerns.



Motion by Councilmember Katz, to direct staff to study the issue to see if there is another solution, procedure or a compromise to stop the initiative and report back. The motion died for lack of a second.



On order of the Mayor, the information was received and filed.



Councilmember Katz was excused at 1:50 a.m.



13-B: Request of Councilmember Genser and Mayor Pro Tem McKeown to direct that staff investigate methods to facilitate production of affordable housing in commercial and multi-family residential districts, and incorporate recommendations into the upcoming revisions of multi-family district development standards, was presented.



Members of the public Chuck Allord and Sean Dauka expressed their concerns.



Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to approve staff request. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.



Member of the public Joe Natoli discussed the Brown Act and the Pier Restoration Corporation.



On order of the Mayor, the City Council meeting was adjourned at 2:05 a.m, to May 14, 2002.





APPROVED: Michael Feinstein, Mayor



ATTEST: Melodi A. Pearson, Records Management Coordinator