M-1/28/2003
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 28, 2003
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:55
p.rn., on Tuesday, January 28,2003, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser (arrived at 8:10 p.rn.)
Councilmember Robert T. Holbrook (arrived at 7:05 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 5:55 p.m., with
Councilmembers Holbrook and Genser absent. City Clerk Maria Stewart 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 ofthe public Pro Se and Joey Fullmer provided input on Consent
Calendar items.
Motion by Councilmember Katz. seconded by Councilmember O'Connor, to
approve the Consent Calendar as presented, except Item 1-D, and with an
amendment to Condition No. 44 on Item 1-~ as presented in the revised
report, reading resolutions and ordinances by title only and waiving further
reading thereof. The motion was approved by the following vQte:
AYES:
Councilmembers Feinstein, Katz, O'Connor, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Holbrook, Genser
NOES:
ABSENT:
2512 28tb STREET
I-A: Certification of Statement of Official Action taken for the
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January 28, 2003
DONATION OF USED
POLICE BICYCLES
RECORDS RETENTION
MOVING SERVICES -
MAIN LIBRARY
HISTORICAL SOCIETY
FUNDING
CLOSED SESSIONS:
Councilmember Holbrook
arrived at 7:05 p.m.
condominium project located at 2512 28th Street, was approved as
amended.
I-B: Authorization to donate used police bicycles to Santa Monica
High School, was approved.
l-C: Resolution No. 9830 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING A CONSOLIDATED CITY-
WIDE RECORDS RETENTION SCHEDULE," was adopted.
l-E: Provision of moving services for the Main Library -
reconnnendation to award Bid No. 2854 to Beltmann Group, in the amount
of$136,845, to provide moving services for the Main Library, was
approved.
I-D: Santa Monica Playhouse and Santa Monica Historical Society
Project Funding - reconnnendation to authorize the City Manager to
negotiate and execute Contract No. 8182 (CCS) with the Santa Monica
Playhouse and Contract No. 8183 (CCS) with the Santa Monica Historical
Society Museum for funds approved during the Fiscal Year 2002-03 Budget
approval process, was presented.
Mayor Bloom asked questions of staff regarding the action being taken and
the contents of a letter received from the Historical Society. Staff p:r;ovided
information on allocation of the funds.
Motion by Mavor Bloom. seconded by Councilmember O'Connor, to
approve reconnnendation. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Katz, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Holbrook, Genser
NOES:
ABSENT:
On order of the Mayor, the City Council recessed at 6:10 p.m., to hear
closed sessions and reconvened at 7:05 p.m., with Councilmember Genser
absent.
2-A: Conference with Legal Counsel- Existing Litigation: Anthony
Maxwell v. City of Santa Monica, Case No. BC 268 069
ACTION: Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: City of
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January 28, 2003
ORDINANCES:
SUNSET P ARK/NO. OF
WILSHIRE
Santa Monica v. Shell Oil Company, Case No. 01 CC04331.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation: Observer
Newspaper v. City of Santa Monica, Case No.2 Civil B 155576.
ACTION:
Heard. No reportable action taken.
2-D Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Six.
ACTION:
Three cases heard. No reportable action taken on one case.
Motion by Councilmember O'Connor. seconded by Mayor Pro Tern
McKeown. to approve payment of damages to Joseph Harsh for sewer
damage in the amount of$57,439.59. The motion was approved by the
following vote:
AYES:
Councilmembers Feinstein, Katz, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Genser
NOES:
ABSENT:
Motion bv Ml:Wor Pro Tern McKeown. seconded by Councilmember
O'Connor, that regarding garage construction project at 2627 30th Street
previously approved by the City, and where a subsequent mistake was
discovered and a stop work order was issued by the City, that the stop work
order be lifted and allow the completion of the project. The motion was
approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Katz, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Genser
NOES:
ABSENT:
7-A: Introduction and first reading of an interim ordh13nce entitled:
"AN ORDINANCE OF THE CITY OF SANTA MONICA MODIFYING
DEVELOPMENT STANDARDS FOR PARCELS IN THE R-I
DISTRICTS LOCATED IN THE SUNSET PARK AND NORTH OF
WILSHIRE NEIGHBORHOODS," was presented.
The following members ofthe public spoke in support of the proposed
January 28, 2003
ordinance: Bob Seldon, Joan Swartz, Donna Meyer, Rick Salzman,
Elizabeth Bancroft, Tom Cleys and Eric Parlee.
The following members ofthe public spoke in opposition to the proposed
ordinance and made suggestions: Nora Vasquez and Campbell Odening.
Councilmember Genser
arrived at 8: lOp. m.
Motion by Mayor Pro Tern McKeown.. seconded by Mayor Bloom, to
introduce and hold first reading of the ordinance, amended to make the
effective date February 24,2003, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Katz, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Genser
None
NOES:
ABSTAIN:
ABSENT:
Councilmember Genser stated, for the record, that he abstained because he
missed most of the discussion.
LANDMARKS/HISTORIC 7-B: Introduction and first reading oran ordinance entitled: "AN
DISTRICTS ORDINANCE ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE
CITY'S LANDMARKS AND HISTORIC DISTRICTS ORDINANCE TO
CLARIFY LANDMARK COMMISSION'S JURISDICTION AND THE
STANDARD fOR REVIEWING CERTIFICATES OF
APPROPRIATENESS, TO MAKE PROCEDURAL CHANGES TO THE
PROCESS FOR REVIEWING LANDMARK AND HISTORIC DISTRICT
APPLICATIONS, TO MODIFY THE PROCESS FOR DESIGNATING A
STRUCTURE OF MERIT, AND TO PROVIDE ADDITIONAL
INCENTIVESI FOR DESIGNATED HISTORIC PROPERTIES," was
presented.
The following members ofthe public spoke in general support of the
proposed ordinance and provided suggestions: Elizabeth Bancroft, Nina
Fresco, Bea Nemlaha, Ruthann Lehrer, Tom Cleys, Todd Waring, and
Roger Genser.
Considerable discussion ensued regarding the proposal, the impact and the
public comment received.
Motion by Councilmember Genser. seconded by Mayor Bloom, to introduce
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January 28, 2003
and hold first reading of the ordinance, amended to change the "50% + 1 "
phrase anywhere it occurs in the ordinance to "majority," reading by title
only and waiving further reading thereof.
Discussion ensued regarding the timing and completeness of applications,
the length of time allowed for holding a hearing on proposed historic
districts, and the total time to complete the process.
As a result ofthe above discussion, Councilmember Genser withdrew his
motion.
Motion by Councilmember Genser. seconded by Councilmember Katz, to
introduce and hold first reading ofthe ordinance, amended to change the
"50% + 1" phrase anywhere it occurs in the ordinance to "majority";
amending section (c) on page 8 so that the last line of that section reads
". . . that the application is complete."; amending section (e) on page 8 so
that the first line reads: ''No later than ninety days from the determination
that the application is complete, . . ."; amending section (f) on page 17 to
add to the end of the first sentence ". . . but no sooner than 45 days after the
public meeting held pursuant to subsection (b) of this Section": reading by
title only and waiving further reading thereof. The motion was approved by
the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
Motion by COWlcilmember Feinstein. seconded by Councilmember Genser,
to direct staff to explore the setting and possibly waiving or altering the fees
for nominating landmark properties, and return with recommendations as
part of the June budget process taking into account the discussion had at this
meeting earlier. The motion was unanimously approved by voice vote, with
all members present.
On order ofthe Mayor, the regular City Council meeting was recessed at
9: 19 p.m., and a special joint meeting with the Redevelopment Agency was
convened.
STAFF ADMIN. ITEMS: SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE
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January 28, 2003
MAIN LIBRARY
EXPANSION
REDEVELOPMENT AGENCY.
8-A: Santa Monica Main Library Expansion Project _
recommendation to approve guaranteed maximum price of$56,063,066, for
demolition and construction of the Main Library Expansion Project;
authorization to the City Manager to negotiate and execute Contract No.
8184 (CCSIRAS) with Morley Builders; that City Council adopt Resolution
No. 9831 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA DETERMINING AND FINDING THAT THE SUPPLE-
MENTAL PUBLIC PARKING PROJECT IS OF BENEFIT TO THE
EARTHQUAKE RECOVERY DEVELOPMENT PROJECT AREA, "and
the Redevelopment Agency adopt Resolution No. 480 (RAS) entitled: "A
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF SANTA MONICA DETERMINING AND FINDING THAT THE
SUPPLEMENTAL PUBLIC PARKING PROJECT IS OF BENEFIT TO
THE EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT
AREA"; that City Council and Redevelopment Agency authorize,
respectively, the City Manager and the Executive Director to execute
Reimbursement Agreement No. 8185 (CCSIRAS) between the City and the
Agency for the project; and approve the various proposed budget changes
and financing sources, was presented.
Members of the public Jerry Rubin and Sherril Kushner spoke in support of
the project.
Discussion ensued on the proposed design, the landscaping, materials used,
the option of an escalator, and the cost of the project.
Motion by Mayor Bloom. seconded by Councilmember Feinstein, direct the
Planning Commission to take into consideration all comments made tonight
and staff to provide a set of plans. The motion was unanimously approved
by voice vote, with all members present.
Motion by Mavor Pro Tern McKeown. seconded by Councilmember
Feinstein, to direct staff to work with architect to humanize and soften the
pedestrian experience at ground level.
After subsequent discussion on the motion, the motion was withdrawn.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz,
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January 28, 2003
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ADJOURNMENT OF
SPECIAL MEETING
COUNCIL ITEMS:
to direct staff to work with architect to integrate more green and work with
finished material at the base. The motion was approved by voice vote, with
Councilmembers O'Connor and Holbrook voting in opposition.
Motion by Councilmember Katz. seconded bv Councilmember Feinstein, to
authorize the City Manager to negotiate and execute a contract with Morley
Builders and approve diversion of funds from existing capital projects. The
motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
Motion by Councilmember Feinstein. seconded by Councilmember
O'Connor, to adopt Resolution No. 9831 (CCS), reading by title only and
waiving further reading thereof The motion was approved by the following
vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
Motion bv Councilmember Feinstein. seconded by Councilmember Katb to
authorize the City Manager to negotiate and execute Reimbursement
Agreement No. 8185 (CCS), and approve the proposed budget changes and
financing sources. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
On order of the Mayor, the Special Joint Meeting was adjourned and the
regular City Council meeting reconvened at 11: 19 p.m., with all members
present.
Due to the lateness ofthe hour, and the remaining items on the agenda, on
order of the Mayor, Item 13-A was pulled out of order to discuss the
possibility of continuing it to another meeting.
13-A: Request of Councilmembers Feinstein and O'Connor to review,
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January 28, 2003
and potentially modify, city policies related to outdoor restaurant
seating and outdoor merchandise, displays and signs.
Motion by Councilmember Holbrook. seconded by Councilmember
Feinstein. that this item return as a Continued Item 5 on February 1
Discussion ensued on the motion,. and the motion was subsequently
withdrawn.
Motion by Councilmember Feinstein. seconded by Councilmember
O'Connor, to continue this matter to February 11, and hear it before any 12-
Items. The motion was approved by voice vote, with Councilmember
Genser and Mayor Pro Tern McKeown voting in opposition.
Councilmember Genser stated, for the record, that he voted against the
motion because he does not believe it to be a reason to advance something
simply because a Councilmember doesn't want to wait through the normal
process proscribed by the Council rules.
Mayor Pro Tern McKeown stated, for the record, that he voted against the
motion for the same reason as stated above, and that it should come back as
a 13-item for one more cycle before making an exception.
On order ofthe Mayor, the Council returned to the regular order of the
agenda items.
EASTIWEST CORRIDOR 8-B: Recommendation to appoint three Councilmembers to the East-
PARKING TASK FORCE West Corridor Parking Task Force, was presented.
Discussion ensued regarding the method for selecting the three
Councilmembers, either by slate or drawing straws. At the request of the
Mayor, Councilmembers indicated their preference by raising hands, and the
drawing of straws was the process selected.
On order of the Mayor, straws were drawn and Councilmembers Genser,
Katz and Holbrook were appointed to the East-West Corridor Parking Task
Force.
Councilmember Feinstein
was excused at 11:35 p.m.
8-C: Funding guidelines and selection criteria, and authorization to
release a "Request for Proposals" for the FY 2003-2006 Community
Development Grant Program, was presented.
CDGBPROGRAM
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
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January 28, 2003
CULTURAL/ARTS
GRANTS
WRITTEN
COMMUNICATIONS:
BIG BLUE BUS
ACCESSIBILITY
APPEALS BOARD
PIER RESTORATION
CORPORATION
O'Connor, to approve recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers Katz, Genser, Holbrook, O'Connor, Mayor
Pro Tern McKeown,. Mayor Bloom
None
Councilmember Feinstein
NOES:
ABSENT:
8-D: Funding Guidelines and Selection Criteria, and authorization to
release a "Request for Proposals" for the FY 2003-06 Cultural! Arts
Organizational Support Grants, was presented.
The following members ofthe public spoke in support of grant funds, made
suggestions, and requested that the proposals not be restricted to those
organizations currently funded, but be opened to all: Greg Spotts, Phyllis
Green,. Andrew Barrett, Auriel Rudnick, Aron EI Co leite, and Mike Kindle.
Motion by Mayor Pro Ten McKeown. seconded by Councilmember Katz; to
approve recommendation,. amended to open up the proposals to new
agencies. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz, Mayor
Pro Tern McKeown,. Mayor Bloom
None
Councilmember Feinstein
NOES:
ABSENT:
12-A: Request of B.A. Gray to address Council regarding concerns
related to the Big Blue Bus.
Mr. Gray not being present, on order of the Mayor, the information was
received and filed.
13-B: Appointment to one special vacancy on the Accessibility
A.ppeals Board of the Building and Safety Commission, for a term
ending June 30, 2005.
On order ofthe Mayor, this matter was continued to February 11,2003.
13-C: Appointment to one special vacancy on the Pier Restoration
Corporation, with a term ending November 8, 2005.
On order of the Mayor, the floor was opened for nominations.
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January 28, 2003
Councilmember Genser nominated Robert Wilner. There being no other
nominations, Mr. Wilner was appointed by acclamation, with
Councilmember Feinstein absent.
COMMISSION ON
OLDER AMERICANS
13-D: 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 ofthe Mayor, the floor was opened for nominations.
Mayor Bloom nominated Cordula Ohman for the term ending June 30,
2006. There being no other nominations, Ms. Ohman was appointed by
acclamation, with Councilmember Feinstein absent.
On order of the Mayor, the second vacancy was continued to February 11,
2003.
ARTS COMMISSION
13-E: Appointment to one special vacancy on the Arts Commission,
with a term ending June 30, 2006. (Continued from January 14, 2003.)
On order ofthe Mayor, the floor was opened for nominations.
Mayor Pro Tern McKeown nominated Tom Pratt. There being no other
nominations, Mr. Pratt was appointed by acclamation,. with Councilmember
Feinstein absent.
Members of the public Brian Hutchings and Clifford Stem discussed various
concerns.
PUBLIC INPUT:
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:10
a.m. to February 11, 2003, in memory of Audrey Jones Zane, John Jurenka,
and Sylvia Shniad.
. C:~-~
Maria M. Stewart
City Clerk
APPROVED:
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January 28, 2003
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