CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 10, 2002
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:58 p.m., on Tuesday,
December 10, 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 7:00 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, the City Council convened at 5:58 p.m., with Councilmember Holbrook 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.
Members of the public Joey Fullmer and Pro Se addressed Council on Consent Calendar items.
At the request of Councilmember Genser, Item 1-I was removed from the Consent Calendar. At the request of Councilmember Katz, Item 1-F was removed from the Consent Calendar.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember O'Connor, to approve all items on the Consent Calendar as presented except Items 1-F and 1-I, 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, Mayor Feinstein
NOES: None
ABSENT: Councilmember Holbrook
MINUTES
1-A: The City Council meeting minutes of October 22, 2002 were approved.
SEWER REPAIR
1-B: Award of Construction Contracts for Sewer Project #12 - recommendation to authorize the City Manager to
negotiate and execute construction Contract No. 8165 (CCS) with Miramontes Construction Co., Inc., in the amount of
$7,383,440, for Sewer Project #12 - Repair of Earthquake-Damaged Sanitary Sewer Mains in the area bounded by Pico
Blvd., 34th Street, South City Limits, and 4th Street; negotiate and execute Contract No. 9166 (CCS) with Tetra Tech, in the
amount of $1,442,811, for construction management and inspection services; and, approve recommended appropriations,
were approved.
SEWER REPAIR
1-C: Construction contract for Sewer Project #14 - recommendation to negotiate and execute a construction Contract
No. 8167 (CCS) with Mike Prlich and Sons, Inc., in the amount of $3,104,246, for Sewer Project #14 - Repair of
Earthquake-Damaged Sanitary Sewer Mains in the area bounded by Pico Place South to Dewey Street, and Barnard Way to
Walgrove Avenue; negotiate and execute Contract No. 8168 (CCS) with Tetra Tech, Inc., in the amount of $475,625, for
construction management and inspection services; and, approve recommended appropriations, were approved.
UNCLASSIFIED EMPLOYEES
1-D: Authorization for City Manager and City Attorney to Negotiate and Execute Employment Agreements with
Certain Unclassified Employees, was approved.
MUNICIPAL POOL
1-E: Contract amendment for the Municipal Pool Project - recommendation to authorize the City Manager to execute
an amendment to Contract No. 7978 (CCS) with Swinerton Builders, in the amount of $172,595, for the Municipal Pool
Project, was approved.
MILLS ACT
1-G: Mills Act Historic Property Preservation Agreements - recommendation to adopt Resolution Nos. 9818 (CCS),
9819 (CCS) 9820 (CCS) and 9821 (CCS) and authorize the City Manager to execute Historical Property Preservation
Agreement Nos. 8172 to 8175 (CCS), respectively, with and each of the property owners of 211 Alta Ave., 2612 3rd St.,
2402 4th St. #2, and 315 10th St., was approved.
SHORT-RANGE TRANSIT PLAN
1-H: Approval of Short-Range Transit Plan and application for funds - recommendation to authorize the City Manager
to file the Short Range Transit Plan (SRTP) Update to permit Santa Monica's Big Blue Bus to remain eligible for federal
and state transit funds, and to file applications for available funds based on the SRTP, was approved.
DONATION OF VEHICLES
1-J: Donation of three used solid waste vehicles and one used Big Blue Bus to Sinaloa Ecoregion Foundation, was
approved.
ANIMAL SHELTER
1-F: Animal Shelter Improvement Project - recommendation to authorize the City Manager to negotiate and execute
Contract No. 8169 (CCS) with AWI Builders, in the amount of $414,850, for the construction of the Animal Shelter
Improvements Project, was presented.
Councilmember Katz advised he had removed this item to question the increase of the contingency from 10% to 15%. Staff answered questions of Councilmembers.
Motion By Councilmember Genser, seconded by Councilmember Katz, to approve recommendation. 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
BAYSIDE DISTRICT ANNUAL PLAN
1-I: Bayside Annual Operations and Marketing Plan - recommen-dation to receive and file the Annual Report for FY
2001-02, and approve Annual Operations and Marketing Plan for FY 2002-03, was presented.
Councilmember Genser expressed concern regarding the proposal to install planters on the ground surface around the dinosaurs on the Promenade. Discussion ensued regarding this proposal.
Motion by Councilmember Katz, seconded by Councilmember Genser, to approve recommendation modifying the proposal to change the decision of installing the planters to a "consideration." 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
RECESS
On order of the Mayor, the City Council recessed at 6:15 p.m., and reconvened at 7:10 p.m., with all members present.
INSPIRATION:
Musical numbers were performed by the members of the Santa Monica High School Chamber Orchestra.
CANVAS OF 11/5/02 MUNICIPAL ELECTION:
A: Resolution adopting results of November 5, 2002, municipal election - recommendation to adopt Resolution No.
9822 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE RESULTS OF THE
OFFICIAL CANVASS AND OFFICIAL STATEMENT OF VOTES CAST FOR THE CONSOLIDATED MUNICIPAL
ELECTION HELD ON NOVEMBER 5, 2002, AND DECLARING THE RESULTS THEREOF," was presented.
Members of the public Joey Fullmer and Jerry Rubin congratulated the newly elected officials.
Motion by Councilmember Katz, seconded by Councilmember Bloom, to adopt the 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
ADJOURNMENT OF CURRENT COUNCIL
On order of the Mayor, the Council, as presently constituted, was adjourned, and the meeting was turned over to the City
Clerk.
INSTALLATION OF NEW OFFICERS:
The City Clerk administered the oath of office to the newly elected officers, as follows:
B: Administration of oath of office to new members of the Santa Monica College Board of Trustees.
C: Administration of oath of office to new Santa Monica-Malibu Unified School District Board of Education Members.
D. Administration of oath of office to new Santa Monica Rent Control Board Members.
E: Administration of oath of office to new Santa Monica City Council Members.
CONVENING OF NEW CITY COUNCIL:
ELECTION OF MAYOR
The City Clerk called the new Council to order and called the roll. Thereafter, the City Clerk opened the floor for
nominations for Mayor for the ensuing two years.
Motion by Councilmember Genser to split the terms of Mayor and Mayor Pro Tem and elect Councilmember McKeown as Mayor for the first year and Councilmember Bloom as Mayor Pro Tem, and for the second year elect Councilmember Bloom as Mayor and Councilmember McKeown as Mayor Pro Tem. The motion died for lack of a second.
Councilmember Katz nominated Councilmember O'Connor to serve as Mayor for the ensuing two years.
Councilmember O'Connor stated her appreciation for the nomination but declined stating she had already served as Mayor.
Councilmember O'Connor nominated Councilmember Bloom for the ensuing two years. There being no other nominations, Councilmember Bloom was elected as Mayor by the following vote:
AYES: Councilmember Genser, McKeown, Bloom, O'Connor, Holbrook, Feinstein
NOES: None
ABSTAIN: Councilmember Katz
ABSENT: None
Mayor Bloom assumed the Chair and opened the floor for nominations for Mayor Pro Tem.
Councilmember Feinstein nominated Councilmember McKeown to serve as Mayor Pro Tem for the ensuing two years. There being no other nominations, Councilmember McKeown was elected as Mayor Pro Tem by the following vote:
AYES: Councilmember O'Connor, Bloom, McKeown, Genser, Feinstein
NOES: None
ABSTAIN: Councilmembers Holbrook, Katz
ABSENT: None
END OF INSTALLATION
On order of the Mayor, the City Council continued with the regular Council meeting.
ORDINANCES:
PERS AMENDMENT
7-A: Second reading and adoption of Ordinance No. 2061 (CCS) entitled: "AN ORDINANCE OF THE CITY OF
SANTA MONICA TO AMEND THE CONTRACT BETWEEN THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY OF SANTA MONICA," was presented.
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, O'Connor, Holbrook, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
PROMENADE MORATORIUM
7-B: Second reading and adoption of Interim Ordinance No. 2062 (CCS) 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.
Motion by Councilmember Feinstein, 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, O'Connor, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember Holbrook
ABSENT: None
STAFF ADMIN. ITEMS:
AIRPORT CONFORMANCE PLAN
8-A: Airport Conformance Program - recommendation to approve in concept the Aircraft Conformance Program and
runway safety area designation and direct staff to explore the implications of proceeding with implementation, was
presented.
The following members of the public spoke in support of the recommendation: John Reynolds, Martin Rubin, Susan Hartley, Ofer Grossman, Nina Menkes, Todd Jaquith, Elizabeth Hanna, Lewin Werthheimer, Cathy Larson, Carolyn Neuyer, Robert Newbold, Michael Brodsky, Anne Greene, Dan Kelo, Sheryl Kelo, Stacy Brown, Jim Donaldson, and Carolyn Guillot.
Motion by Councilmember Genser, seconded by Councilmember Katz, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, O'Connor, Holbrook, Feinstein,
Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
REPORT ON IMPACT OF INITIATIVE
On order of the Mayor, Items 8-B and 10-C to be considered concurrently.
8-B: Presentation of impact report of the Homeowners Freedom of Choice Initiative, was presented.
Members of the public Margarete May, Paul DeSantis and Marc Schrobilgen spoke in favor of the proposed initiative and in support of Council adopting the ordinance.
Members of the public Roger Genser and Nina Fresco spoke in favor of placing an opposing measure on the ballot.
Member of the public Barbara Schnitzler spoke in favor of placing the proposed measure on the ballot.
On order of the Mayor, the information was received and filed.
LANDMARKS ORDINANCE MEASURE
10-C: Recommendation of Landmarks Commission to place a measure on the ballot to amend the City's Landmarks
Ordinance, was presented.
Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to direct staff to begin the process of amending the Landmarks Ordinance taking into consideration the Landmarks Commission proposed changes. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NONE: None
ABSENT: None
SPECIAL ELECTION OR ADOPT ORDINANCE
8-C: Recommendation to either adopt the Homeowners Freedom of Choice Initiative's proposed ordinance or order
a special Election; and supplemental report and ordinance for consideration of an all-mail election, were presented.
The following members of the public spoke in support of adopting the initiative's proposed ordinance: Matt Dinolfo, Ann Maler, Greg Poirier, Marc Shrobilgen, Leah Mendelsohn, and Ernie Ryaback.
The following members of the public spoke in favor of placing the proposed ordinance on the ballot: Tom Cleys, Roger Genser, Barbara Schnitzler and Lori Nafshun.
Motion by Councilmember Katz, seconded by Councilmember Holbrook, to adopt the initiative's proposed ordinance and not call an election.
Substitute motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to adopt Ordinance No. 2063 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 11.04.185 TO THE MUNICIPAL CODE TO ALLOW MAIL IN BALLOTS IN SPECIAL ELECTIONS AND DECLARING THE PRESENCE OF AN EMERGENCY." The motion was approved by the following vote:
AYES: Councilmembers Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmembers Katz, Holbrook
ABSTAIN: Councilmember O'Connor
ABSENT: None
Motion by Councilmember Feinstein, seconded by Councilmember Katz, to approve the holding of an all-mail ballot election on Friday, March 21, 2003, with the polls closing at 9:00 p.m. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, O'Connor, Holbrook, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
Motion by Councilmember Feinstein, seconded by Councilmember Katz, to adopt the following election-related resolutions: Resolution No. 9823 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD ON MARCH 21, 2003, FOR THE PURPOSE
OF SUBMITTING TO THE VOTERS ONE OR MORE BALLOT MEASURES," Resolution No. 9824 (CCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY CLERK TO OBTAIN SPECIFIED CONSULTING AND SUPPLIES SERVICES FOR THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 21, 2003," and Resolution No. 9825 (CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY OF SANTA MONICA
RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON MARCH 21, 2003." The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, O'Connor, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember Holbrook
ABSENT: None
Councilmember Holbrook stated, for the record, that he voted in opposition of the resolution calling the election because he feels that an election was not necessary.
Motion by Councilmember Feinstein, seconded by Councilmember Katz, to approve the administering of a special all-mail ballot election on March 21, 2003. The motion was approved by the following vote:
YES: Councilmembers Holbrook, O'Connor, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
BOARDS AND COMMISSIONS:
NAMING OF MAIN PUBLIC LIBRARY
10-A: Recommendation to name the auditorium at the new Santa Monica Public Library in honor of Dr. Martin
Luther King, Jr., was presented.
The following members of the public spoke in support of the recommendation: Paul DeSantis, Brian Hutchings, and Nat Trives.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to approve recommendation and to offer the Hart Family a choice of keeping at the Main Library the existing plaque in the auditorium, or of returning it to the family. The motion was unanimously approved by voice vote, with all members present.
BEACH LOTS GREENING AND PARKING
10-B: Request of the Recreation & Parks Commission to approve a proposed beach lots greening, recreation and
parking concept, was presented by Commissioner Cloke.
Member of the public Arthur Harris expressed concerns regarding the request.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to approve conceptually, directing Commissioners and staff to explore non-city funding sources for feasibility studies and other costs associated with possible beach lot greening, as proposed by the Commission. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, O'Connor, Holbrook, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
COUNCIL ITEMS:
COMMISSION ON OLDER AMERICANS
13-A: Appointment to one annual vacancy on the Commission on Older Americans for a term ending June 30, 2006,
and appointment to one special vacancy for a term ending June 30, 2003.
On order of the Mayor, this matter was continued to January 14, 2003.
ACCESSIBILITY APPEALS BOARD
13-B: Appointment to one special vacancy on the Accessibility Appeals Board of the Building and Safety
Commission, for a term ending June 30, 2005.
On order of the Mayor, the City Clerk was directed to republish the vacancy and return to Council on January 28, 2003.
COUNCIL LIAISONS
13-C: Appointment of Councilmembers as Liaisons to City Boards and Commissions.
On order of the Mayor, this matter was continued to December 17, 2002.
ARTS COMMISSION - RESIGNATION
13-D: Acceptance of Steve Irvin's letter of resignation from the Arts Commission and authorization for the City
Clerk to publish the vacancy.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Holbrook, to accept the letter with regrets and approving recommendation. The motion was approved by voice vote, with all members present.
PUBLIC INPUT:
Members of the public Pro Se, Art Casillas, Brian Hutchings and Joe Natoli expressed concerns regarding various municipal
issues.
CLOSED SESSIONS:
2-A: Conference with Legal Counsel - Existing Litigation: Carolyn Jones v. City of Santa Monica, Case No. CV 01-09102 (WJR).
On order of the Mayor, this matter was continued to December 17, 2002.
2-B: Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Six.
On order of the Mayor, this matter was continued to December 17, 2002.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:38 a.m. to December 17, 2002.
ATTEST:
Maria M. Stewart, City Clerk
APPROVED:
Richard Bloom, Mayor