CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 26, 2002
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem McKeown at 6:00 p.m., on Tuesday, November 26, 2002, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Michael Feinstein (arrived at 6:07 p.m.), Mayor Pro Tem Kevin McKeown, Councilmember Richard Bloom, Councilmember Ken Genser, Councilmember Robert T. Holbrook (arrived at 7:08 p.m.), Councilmember Herb Katz, Councilmember Pam O'Connor
Also Present: City Manager Susan McCarthy, City Attorney Marsha Jones Moutrie, City Clerk Maria M. Stewart
CONVENE/PLEDGE
On order of the Mayor Pro Tem, the City Council convened at 6:00 p.m., with Councilmember Holbrook and Mayor
Feinstein 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.
Members of the public Pro Se and Joey Fullmer addressed concerns regarding various Consent Calendar Items.
At the request of Councilmember Katz, Item 1-E was removed from the Consent Calendar.
Motion by Councilmember O'Connor, seconded by Councilmember Katz, 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 Katz, Genser, Bloom, O'Connor, Mayor Pro Tem McKeown
NOES: None
ABSENT: Councilmember Holbrook, Mayor Feinstein
MINUTES
1-A: The minutes of September 24, and October 8, 2002, City Council meetings, were approved as submitted.
WOODLAWN CEMETERY
1-B: Award of Construction Contract for Woodlawn Cemetery Mausoleum Expansion Project - recommendation to
award Contract No. 8162 (CCS) to Maher Dev. Inc., in the amount of $557,000, for Woodlawn Cemetery Mausoleum
Expansion Project, was approved.
SEWER PROJECT II
1-C: Approve modification to Agreement for Sewer Project 11 - recommendation to approve a modification to
Agreement No. 8014 (CCS) with Tetra Tech, Inc., in the amount of $91,080, for construction management and inspection
services on Sewer Project 11 - repair of earthquake-damaged sewer mains in the area bounded by the easterly City limits
and Appian Way, between Colorado Avenue and Pico Boulevard, was approved.
WEB DESIGN
1-D: Contract For Web Design - recommendation to authorize the City Manager to negotiate and execute Contract No.
8163 (CCS) with Vision Internet Providers, Inc., in the amount of $90,500, for technical services for the design and
enhancement of the City's web site, was approved.
URBAN RUN-OFF
1-E: Award of Contract for Urban Runoff Management Plan - recommendation to authorize the City Manager to
negotiate and execute professional services Contract No. 8164 (CCS)with Brown and Caldwell, in the amount of $175,000,
to develop a comprehensive Urban Runoff Management Plan.
Councilmember Katz advised he removed this item from the Consent Calendar to ask questions regarding the proposed
contingency amount. Staff responded to questions from Councilmembers.
Motion by Councilmember Katz, seconded by Councilmember Bloom, to approve recommendation, amended to reduce the
contingency amount from 15% to 10%, to the amount of $17,500. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Mayor Pro Tem McKeown
NOES: None
ABSENT: Councilmember Holbrook, Mayor Feinstein
STAFF ADMIN. ITEMS:
1601 14TH STREET
(Mayor Feinstein arrived at 6:07 p.m.)
Discussion ensued regarding continuing this matter to a future meeting. Staff replied to questions of Councilmembers.
8-A: Staff request for Council direction on the proposal from MBK Southern California Ltd. to jointly develop a
commercial and recreational use at 1601 14th Street and for Council authorization to explore and negotiate a
possible City purchase of that property if it becomes available upon expiration of the current option or otherwise.
Motion by Councilmember Genser, seconded by Mayor Feinstein, to continue this matter to a date to be determined. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.
CLOSED SESSIONS: (Councilmember Holbrook arrived at 7:08 p.m.)
On order of the Mayor, the City Council recessed at 6:10 p.m., and returned at 7:16 p.m., to report the following action:
2-A: Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Director, Human Resources
Bargaining Units: PAU, STA
ACTION: Heard. See Action taken on Items 11-A and 11-B.
2-B: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council, et al. v. City, et al., Case No. SC 074 683.
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel - Existing Litigation: In re Heard Communications, Inc., Case No. 02-32088
(DHS).
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: Heard Communications, Inc. v. City of Santa Monica,
Case No. 02-3546 (DHS).
Motion by Councilmember O'Connor, seconded by Councilmember Bloom, to accept the settlement for the City to receive the amount of $650,000 from Heard Communications, and maintain the ability to re-rent the Big Blue Bus advertising spaces. The motion was approved by the following vote:
AYES: Councilmember Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
2-E: Conference with Legal Counsel - Anticipated Litigation:
Number of cases: Three.
ACTION: One case heard. No reportable action taken.
CONTINUED ITEMS:
SOLID WASTE TRANSFER STATION
5-A: Design of new City Solid Waste transfer station facility - recommendation to direct staff to proceed with the design
of a new solid waste transfer station facility, was presented.
The following members of the public spoke in opposition to the recommendation: Pro Se, Paul Ryan, Mike Matosian, and Kelly Olsen.
The following members of the public spoke in support of the recommendation: David Shirey, Michael Wilson, Laura Cronin, Doug Belanger, Gabe Adnoff, Ramona Gandara, Eddie Greenberg, Alfredo de Cordova, and Jerry Rubin.
Motion by Councilmember Bloom, seconded by Councilmember Katz, to approve a limited schematic design and direct staff to attempt to get an extension from the State for the City's permit. 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
TRASH LOADER5-B: Purchase of one trash loader - recommendation to award Bid No. 2842, in the amount of $199,953.99, to Coastline Equipment to furnish and deliver one loader for the Environmental & Public Works Management Department, was presented.
REFUSE HAULER TRUCK TRACTOR
5-C: Purchase of one refuse-hauler truck tractor - recommendation to award Bid No. 2849, in the amount of
$145,572.44, to Boerner Truck Center, to furnish and deliver one truck tractor for the Environmental & Public Works
Management Department, was presented.
Motion by Councilmember Katz, seconded by Councilmember O'Connor, to approve recommendation for both items. 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
CITY YARDS EXPANSION
5-D: City Yards Expansion Project - recommendation to authorize the City Manager to negotiate and execute a contract
with RNL Design, in the amount of $5,915,000, for architectural and engineering services for the Corporation Yards
Expansion Project.
Discussion ensued on this matter relative to the action taken on Item 5-A.
Motion by Councilmember Bloom, seconded by Councilmember Katz, to continue this matter to a date to be determined. The motion was unanimously approved by voice vote, with all members present.
ADMIN. PROCEEDINGS:
2512 28TH STREET
6-A: Appeal of Planning Commission denial for project at 2512 28th Street - recommendation to adopt Resolution No.
9813 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE FINAL NEGATIVE
DECLARATION FOR THE PROJECT LOCATED AT 2512 28TH STREET," and uphold the appeal and approve the
Design Compatibility Permit, Development Review Permit, and Tentative Tract Map, based upon the findings listed in the
report, was presented.
Greg Cullen, representing the Appellant, spoke in support of the appeal.
Members of the public Ramon Covarrubias, Kelly Olsen, and Darrell Clarke spoke in support of the project.
Members of the public Terrence Gomes and Robyn Braun spoke in opposition to the project.
Greg Cullen, representing the Appellant, made rebuttals to comments made by the members of the public.
Motion by Councilmember Genser, seconded by Councilmember Katz, to adopt Resolution No. 9813 (CCS), 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
Motion by Councilmember Katz, seconded by Councilmember Bloom, to approve the recommendation to uphold appeal, amended to keep driveway in center.
Substitute motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to approve recommendation to uphold appeal, amended to include the following conditions: That the front yard has a minimum of two feet of soil and not more than an average of 6 inches above grade; if feasible, as determined by staff, with a ramp to the front court yard; and with no front gate on the courtyard. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Bloom, Genser, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: Councilmembers Holbrook, Katz
ABSENT: None
RECESS
On order of the Mayor, the City Council recessed at 10:46 p.m., and reconvened at 10:55 p.m., with all members present.
ORDINANCES:
DEVELOPMENT REVIEW THRESHOLDS
7-A: Second reading and adoption of interim Ordinance No. 2060 (CCS) entitled: "AN ORDINANCE OF THE CITY
OF SANTA MONICA MODIFYING THE DEVELOPMENT REVIEW THRESHOLDS IN THE C-3, C3C, AND BSC
DISTRICTS TO 7,500 SQUARE FEET, AND EXEMPTING AFFORDABLE HOUSING PROJECTS OF 50 UNITS OR
LESS FROM A DEVELOPMENT REVIEW PERMIT OR A CONDITIONAL USE PERMIT CITYWIDE," was
presented.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Bloom, 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: Councilmembers Holbrook, Genser
ABSENT: None
3RD ST. PROMENADE - MORATORIUM
7-B: Introduction and first reading of interim ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA
MONICA EXTENDING A MORATORIUM ON NEW OR EXPANDED RETAIL USES ON THE THIRD STREET
PROMENADE WITH LIMITED EXCEPTIONS," was presented.
Member of the public David Houston spoke in support of the ordinance and provide some suggestions.
Motion by Mayor Feinstein, seconded by Councilmember Katz, 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 Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Bloom, to direct staff to explore ways to accommodate appropriate extension of permitted restaurant uses if and when it will allow retention of food services uses in historically restaurant space. The motion was unanimously approved by voice vote, with all members present.
COUNCIL ITEMS:
PRC APPOINTMENT
On order of the Mayor, the following item to be heard out of order:
13-A: Appointment to three annual vacancies on the Pier Restoration Corporation with terms ending November 14, 2006.
The Mayor opened the floor for nominations.
Councilmember Katz, nominated Kent Smith for one vacancy. There being no other nominations, Mr. Smith was unanimously appointed, with all members present.
Councilmember Genser, nominated Allan Lipsky and Josefina Aranda for the two remaining vacancies. There being no other nominations, Mr. Smith and Ms. Aranda were unanimously appointed, with all members present.
PUBLIC HEARINGS:
PRESERVATION ELEMENT
9-A: Public hearing and adoption of Historic Preservation Element of the General Plan - recommendation to hold a
public hearing, adopt Resolution No. 9814 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
ADOPTING THE HISTORIC PRESERVATION ELEMENT NEGATIVE DECLARATION," and Resolution No. 9815
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING THE HISTORIC
PRESERVATION ELEMENT OF THE GENERAL PLAN," was presented.
Members of the public Darrell Clarke, Roger Genser and Ruthanne Lehrer spoke in support of the recommendation.
Motion by Mayor Feinstein, seconded by Councilmember O'Connor, to adopt Resolution No. 9814 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmember Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
Motion by Councilmember Katz, seconded by Councilmember O'Connor, to adopt Resolution No. 9815 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmember Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
Motion by Mayor Feinstein, duly seconded, to ask staff to consider if there should be any indicators added to the sustainability indicators related to historic preservation. The motion was unanimously approved by voice vote, with all members present.
RESOLUTIONS:
SUPERVISORY TEAM ASSOCIATES
(Councilmembers Katz and Holbrook were excused at 11:32 p.m.)
11-A: Resolution No. 9816 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SUPERVISORY
TEAM ASSOCIATES," was presented.
Motion by Mayor Feinstein, seconded by Mayor Pro Tem McKeown, to adopt resolution, 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 Holbrook, Katz
PUBLIC ATTORNEYS UNION
11-B: Resolution No. 9817 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC ATTORNEYS UNION," was adopted.
Motion by Mayor Feinstein, seconded by Mayor Pro Tem McKeown, to adopt resolution, 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 Holbrook, Katz
WRITTEN COMMUNICATIONS:
IRAQ
12-A: Request of Jerry Rubin to address Council to request that Council take a position against the planned war in
Iraq, was presented.
Members of the public B.A. Gray and Brian Hutchings spoke to the request.
On order of the Mayor, the information was received and filed.
ALL-MAIL ELECTION
13-B: Request of Mayor Feinstein and Councilmember O'Connor to direct staff to prepare an ordinance to allow
the City the option of conducting an election by mail, and to also report back with the procedures for ensuring the
accuracy of the mail ballots as part of that process, was presented.
Motion by Mayor Feinstein, seconded by Councilmember O'Connor, to approve request and staff to return on December 10. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.
PRC RESIGNATION
13-C: Acceptance of Jerry Greenwalt's letter of resignation from the Pier Restoration Corporation, and
recommendation to authorize the City Clerk to publish the vacancy, was presented.
Motion by Councilmember Genser, seconded by Councilmember O'Connor, to accept letter with regrets and approve recommendation. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.
LANDMARKS ORDINANCE BALLOT MEASURE
13-D: Request of Councilmember Genser to discuss possible proposals for ballot measures to amend the City's
landmark ordinance, was presented.
Discussion ensued on possible proposals. Staff answered questions of staff. On order of the Mayor, the information was received and filed.
PUBLIC INPUT:
Members of the public Pro Se, Art Casillas, B.A. Gray, and Brian Hutchings, expressed various concerns.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:10 a.m. to December 10, 2002.
ATTEST:
Maria M. Stewart, City Clerk
APPROVED:
Michael Feinstein, Mayor