CITY OF SANTA MONICA

CITY COUNCIL MINUTES

MARCH 11, 2003

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:51 p.m., on Tuesday, March 11, 2003, at City Council Chambers, 1685 Main Street.

Roll Call:                   Present:                       Mayor Richard Bloom
                                                                    Mayor Pro Tem Kevin McKeown
                                                                    Councilmember Michael Feinstein
                                                                    Councilmember Ken Genser
                                                                    Councilmember Robert T. Holbrook (arrived at 7:12 p.m.)
                                                                    Councilmember Herb Katz 

                                Absent:                        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 5:51 p.m., with Councilmembers Holbrook and O'Connor absent. Airport Manager Bob Trimborn 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 various concerns on the Consent Calendar.

At the request of Councilmember Katz, Item 1-E was removed from the Consent Calendar.

Motion by Councilmember Katz, seconded by Councilmember Genser, 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, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers O'Connor, Holbrook

MOUNTAIN VIEW MOBILE HOME PARK
1-A: Property management services for Mountain View Mobile Home Park - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8194 (CCS) with Abode Realty, from $49,500 to $52,000, was approved.

UCLA BUS FARE
1-B: Bus fare agreement with UCLA for BruinGO! Transit program for students, faculty and staff - recommendation to approve an average charge to UCLA Transportation Services of $.61 for local service and $1.54 for express service, was approved.

NAMING OF ACCESS ROAD
1-C: Recommendation to approve the designation of an airport access road in honor of General James H. Doolittle, was approved.

SKATE PARK
1-D: Design-build, preconstruction services for skate park - recommendation to authorize the City Manager to negotiate and execute Contract No. 8192 (CCS) with California Landscape and Design, dba California Skateparks, in the amount of $40,500, for design-build, pre-construction, design and engineering services for a skate park, was approved.

WATER MAIN REPAIR
1-F: Emergency Change Order for Ocean Park Boulevard Water Main repair - recommendation to receive and file report of emergency amendment to Contract No. 7963 (CCS) with Excel Paving Company, in the amount of $295,000, for pavement repair to the Ocean Park water main repair project, was approved.

CITY YARDS - ENVIRONMENTAL ASSESSMENT
1-G: Environmental assessment services for City Yards - recommendation to authorize the City Manager to negotiate and execute a contract amendment to Contract No. 127 (CD) with ICF Consulting Services, in the amount of $200,000, to provide additional environmental services at the City Yard, was approved.

SEWER RE-ROUTING
1-H: Re-routing of sewer located on 6th Court - recommendation to authorize the City Manager to negotiate and execute Contract No. 8193 (CCS) with Vasilj Construction, in the amount of $150,135, for rerouting of the sewer, as related to the construction of the new Main Library project, was approved.

MAIN LIBRARY - TEMPORARY SITE
1-E: Seismic retrofit of temporary Main Library - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8160 (CCS) with ETZ Construction, in the amount of $95,700, for a new total of $600,276, for seismic retrofit services, was presented.

Councilmember Katz expressed concern as to why the need for the expenditure was determined after the property was obtained by the City.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember Katz
ABSENT: Councilmembers O'Connor, Holbrook

CLOSED SESSIONS:
On order of the Mayor, the City Council recessed at 6:05 p.m., to discuss closed sessions and returned at 7:12 p.m., with Councilmember O'Connor absent, to report the following action taken.

Councilmember Holbrook arrived at 7:12 p.m.

2-A: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No.
        01CC04331.
        ACTION: Not heard.

2-B: Conference with Legal Counsel - Existing Litigation: Santa Monica Food Not Bombs, et al. v. City of Santa
        Monica, et al., Case No. 03-0032 JTLX.
        ACTION: Heard. No reportable action taken.

2-C: Conference with Legal Counsel - Anticipated Litigation.
        Number of cases: Six.
        ACTION: Four cases heard. There was no reportable action taken for three cases. As to the fourth case, the following
        action was taken:

Motion by Councilmember Feinstein, seconded by Mayor Bloom, to allow a construction project to continue at 1267 Palisades Beach Road provided the project is redesigned to meet current setback requirements. The motion was unanimously approved by voice vote, with Councilmember O'Connor absent.

2-D: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa
         Monica, Case No. SC 074 683.
        ACTION: Heard. No reportable action taken.

STATEMENT BY CITY ATTORNEY - OAKS INITIATIVE

The City Attorney made the following announcement, for the record:

"The City is currently and has been for a while engaged in litigation entitled - which is between the City and its City Clerk. This is a validation action brought to ascertain the constitutionality of what is commonly referred to as the "Oaks Initiative,"a measure which was passed in various cities and has been the subject of several court proceedings. Our own case is presently in the Court of Appeal on a procedural matter which has to do with the legitimacy of the validating action as opposed to the constitutionality of the measure. The measure was adjudicated as unconstitutional in Pasadena's case. That case is now also in the Court of Appeal. In our own case in the Court of Appeal a question has been raised about whether a public announcement was made about the status of the case when we shifted into the Court of Appeal. That announcement was made publicly when that happened but at the time I failed to request that it be made a part of the record. So, I will make that announcement again tonight and state that I am making it for the record so that our minutes can reflect the fact that the Council has been publicly informed that the case is pending in the Court of Appeal. I also want to note that when you initially authorized the litigation you also authorized us proceeding through the courts to a final determination of the constitutionality of the measure which would necessitate appellate review."

ORDINANCES:

SUNSET PARK/NORTH OF WILSHIRE
7-A: Second reading and adoption of Interim Ordinance No. 2067 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING AN ORDINANCE ESTABLISHING DEVELOPMENT STANDARDS FOR PARCELS IN THE R-1 DISTRICTS LOCATED IN THE SUNSET PARK AND NORTH OF WILSHIRE NEIGHBOR-HOODS, was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmembers Holbrook, Katz
ABSENT: Councilmember O'Connor

DEVELOPMENT STANDARDS
7-B: Second reading and adoption of Ordinance No. 2068 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE MUNICIPAL CODE RELATING TO PROPERTY DEVELOPMENT STANDARDS IN THE C3 DOWNTOWN COMMERCIAL ZONING DISTRICT," was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to adopt ordinance reading, by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Connor

PARKING METER ZONES
7-C: Second reading and adoption of Ordinance No. 2069 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING VARIOUS PARKING METER ZONES," was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to adopt ordinance, reading, by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Connor

SHORT-TERM HOUSING
7-D: Introduction and first reading of Interim Ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING ORDINANCE NO. 2012 (CCS) CONCERNING A MORATORIUM ON THE DEVELOPMENT OF AND CONVERSION TO SHORT-TERM HOUSING," was presented.

Member of the public Joey Fullmer addressed various concerns. Member of the public Jerry Rubin spoke in support of the proposed ordinance.

Motion by Mayor Pro Tem McKeown, 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 Feinstein, Katz, Genser, Holbrook, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Connor

STAFF ITEMS:

PIER LEASEHOLD MANAGEMENT GUIDELINES
8-A: Proposed Guidelines for Leasehold Management of Santa Monica Pier for Calendar Years 2003-04 - recommendation to approve the proposed guidelines for use in the Pier's commercial area, and authorize the City Manager to implement them as approved, was presented.

Member of the public Jerry Rubin spoke in support of the recommendation.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to approve staff recommendation amended to reflect the following language as to the selection of vending carts: "emphasis should be upon unique, locally/regionally produced crafts and other items, that reflect creativity, a local/regional identity and/or cultural diversity and/or sustainability, and are not otherwise available on the Pier through the non-cart leaseholds." In addition, appropriate language to be added to the bonus rating system to enforce the preference. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Connor

RESOLUTIONS:

INTERIM ORDINANCES
11-A: Resolution No. 9841 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DIRECTING THE PLANNING COMMISSION TO CONSIDER AN AMENDMENT TO THE TEXT OF THE ZONING ORDINANCE WHICH WOULD INCREASE THE AMOUNT OF TIME INTERIM ORDINANCES CAN REMAIN IN EFFECT," was presented.

There was no one present for public comment.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Connor

COUNCIL ITEMS:

ACCESSIBILITY APPEALS
13-A: 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 floor was opened for nominations.

Councilmember Katz nominated Mr. Joe Paolucci for the vacancy. There being no other nominations, Mr. Paolucci was appointed by acclamation, with Councilmember O'Connor absent.

COMMISSION ON OLDER AMERICANS
13-B: Appointment to one special vacancy on the Commission on Older Americans for a term ending June 
         30, 2003.

On order of the Mayor, this matter was continued to March 25, 2003.

13-C: Appointment to one annual vacancy on the Commission on Older Americans for a term ending June 
          30, 2006, due to a previous appointee's withdrawal from the position.

On order of the Mayor, this matter was continued to March 25, 2003.

On order of the Mayor, this matter was continued to a future meeting.

PUBLIC INPUT:
Member of the public Jerry Rubin expressed his gratitude to the City Council and other supporters for taking a position on the war against Iraq.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 8:05 p.m., in memory of Former College Board Member, Al Quinn; Former Councilmember and Planning Commissioner, Seymour Cohen; Janice D'Amico, Local Physician; and Kristi Louise Johnson, 21-year old resident.