M-1/8/2002
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 8, 2002
A regular meeting ofthe Santa Monica City Council was called to order by Mayor Feinstein at
5:46 p.m., on Tuesday, January 8, 2002, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Michael Feinstein
Mayor pio Tern Richard Bloom
Councihnember Ken Genser (arrived at 6:05 p.m)
Councihnember Robert T. Holbrook
Councihnember Herb Katz
Councihnember Kevin McKeown
Councihnember 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 5:46 p.m., with
Councihnember Genser absent. Councihnember O'Connor led the
assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: The Consent Calendar was presented, whereby all items were considered
and approved in one motion unless removed by a CounciImember for
discussion.
Members ofthe public Bob Seldon, Joy Fullmer, Chris Harding, Peter
Horton and Hart Bodmer addressed concerns and support for various
consent calendar items.
NOES:
ABSENT:
Motion by Councihnember O'Connor. seconded by Councihnember
Holbrook, 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: Councihnembers Holbrook, O'Connor, Bloom, Genser, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councihnember Genser
January 8, 2002
MINUTES
FIBER OPTIC CONDUIT
HIV COMMUNITY
CENTER
BEACH PEDESTRIAN
ACCESS
AL TERNATIVE FUEL/
ELECTRIC VEHICLES
BBB - SECURITY
SERVICES
I-A: The minutes of November 13,20,27, and December 11,2001, City
Council meetings, were approved as submitted.
I-B: Agreement with Pacific Bell for joint trenching for fiber optic
conduit along various City streets - recommendation to authorize the City
Manager to negotiate and execute Agreement No. 8060 (CCS) with Pacific
Bell, in the amount of$220,000, for joint trenching to lay a fiber optic
conduit network along Broadway and various other City streets, was
approved.
l-C: Grant funds for tenant improvements and moving costs for
"Common Ground - HIV Community Center" - recommendation to
approve a purchase order to Common Ground, in the amount of $90,000, in
the form of a Community Development Capital Improvement grant for
tenant improvements and moving costs, was approved.
I-D: Design services for rehabilitation of the Broadway Path and
Montana Avenue Beach Pedestrian Access stairs - recommendation to
authorize the City Manager to negotiate and execute professional services
Contract No. 806t' (CCS) with Wallace, Roberts and Todd, in the amount
of $80,000, for design services for the rehabilitation of the Broadway path
and Montana Avenue beach pedestrian access stairs, was approved.
l-E: Waiver of permit and parking meter fees for alternative fuel
vehicles and restriction of parking spaces to electric vehicles _
recommendation to: waive permit fees for installation of electrical service
for electric vehicle chargers, and solar photovoltaic or solar thermal systems;
to restrict parking spaces equipped with electric vehicle chargers to electric
vehicles only; to waive parking meter fees for certified alternative fuel
vehicles; and to direct the City Attorney to draft any necessary changes to
the Municipal Code and return with a recommended ordinance for adoption,
was approved.
I-F: Security Services at Big Blue Bus Facilities - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8062
(CCS) with Guardsmark, Inc., in the annual amount of$350,000, to provide
security services at Santa Monica's Big Blue Bus facilities, and approve the
recommended budget changes, was approved.
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January 8, 2002
CLOSED SESSIONS
SPECIAL ITEMS:
On order of the Mayor, the City Council adjourned at 6:04 p.m., to consider
closed sessions, and reconvened at 7:00 p.m., to report the following:
2-A: Conference with Legal Counsel- Existing Litigation: 2000 Main
Street v. City of Santa Monica, Case No. SS 067 899.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Boathouse.
Inc. v. City of Santa Monica, Case No. CV 01-07106.
ACTION:
Not heard.
2-C: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. David Levy. et al., Case No. SC 063147.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: Southern
California Water v. City of Santa Monica, Case No. SC 064 682.
ACTION:
Not heard.
2-E: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co.. et al., Orange County Superior Court
Case No. 01CC04331.
ACTION:
Not heard.
2-F: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Six.
ACTION:
Five cases heard. No reportable action taken.
4-A: Commendation to the Santa Monica High School Football Team
for winning the California Interscholastic Federation Championship.
The Mayor issued a commendation to the Football Team.
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January 8, 2002
ORDINANCES:
MORATORIUM - 3RD
STREET PROMENADE
7-A: Adoption of interim ordinance extending moratorium on Third
Street Promenade - first reading and adoption ofInterim Ordinance No.
2032 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA
MONICA EXTENDING A MORATORIUM ON NEW OR EXPANDED
RETAIL USES ON THE GROUND FLOOR OF THE THIRD STREET
PROMENADE WITH LIMITED EXCEPTIONS AND DECLARING THE
PRESENCE OF AN EMERGENCY"; and, recommendation to establish a
Promenade Uses Task Force, was presented.
The following members ofthe public stated concerns regarding various
portions of the proposed ordinance and made suggestions: Jerry Rubin, Bill
Tucker, Ann Greenspun.
The following members ofthe public spoke in support of a task force and
provided suggestions: Vivian Benjamin, Marilyn Ruddell, Kathleen Rawson.
Members ofthe public Janet Morris and Joe Natoli spoke in opposition to
the proposed ordinance.
Motion by Councilmember Genser. seconded by Councilmember O'Connor,
to introduce and adopt the ordinance, reading by title only and waiving
further reading thereot: and amending it from a two-year to a one-year
moratorium.
Motion by Mayor Pro Tern McKeown. seconded bv Mavor Feinstein, to
amend the motion to include direction to staff to return with a moratorium
recommendation and possible additions regarding the consolidation of
storefronts, with Council prioritizing the Planning Department's workload in
February. The amendment, not accepted as friendly, was approved by the
following vote:
AYES:
Councilmembers Bloom, Genser, Mayor Pro Tern
McKeown, Mayor Feinstein
Councilmembers Holbrook, O'Connor, Katz
None
NOES:
ABSENT:
The main motion, as amended, was approved by the following vote:
AYES
Councilmembers Katz, Genser, Bloom, O'Connor, Mayor
Pro TemMcKeown
Councilmember Holbrook, Mayor Feinstein
None
NOES:
ABSENT:
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January 8, 2002
STAFF ADMIN. ITEMS:
BUDGET PRIORITIES
Mayor Feinstein stated, for the record, that he voted in opposition because
the action creates an unrealistic short timeline with no opportunity for public
process and input, and did not sufficiently deal in advance with the issue of
consolidation of commercial spaces.
Motion bv Mayor Feinstein. seconded by Councihnember Katz, that as to
the formation of the Task Force, that the Bayside District make two
appointments with one to be a restauranteur who mayor may not be on the
Bayside Board, and that Council appoint a commercial property owner in
addition to the recommended three Councihnembers and one Planning
Commissioner. The motion was approved by the following vote:
AYES:
Councihnembers Katz, Bloom, O'Connor, Holbrook, Mayor
Pro Tern McKeown, Mayor Feinstein
Councihnember Genser
None
NOES:
ABSENT:
Discussion ensued as to the appointment of three Councihnembers and the
number of Councihnembers interested. After considerable discussion, it was
the consensus of Council to continue the appointments of Councihnembers
to a subsequent meeting.
8-A: Public hearing and approval of budget priorities for Fiscal Year
2002-2003 - recommendation that Council hold a public hearing, consider
the information presented by staff, and direct staff on appropriate budget
priorities for the next fiscal year, including CDBG and HOME programs,
was presented.
The following members of the public spoke in support of funds for a
Disability Commission: Mary Ann Glicksman, Elizabeth Bancroft,
Christopher Arroyo, Kecia Weller, Jerry Rubin, and Samuel Gerenskey.
The following members of the public spoke in support of additional funding
for the Unified School District, in addition to other issues such as child
care, green space, and trees: Michael Rich, Cheri Orgel. John Deasy, Julia
Brownley, Maria Leon-Vasquez, Craig Hamilton, Harry Keiley, Shari
Davis, Ralph Mechur, Denny Zane, Louise Jaffe, Jean Gebman, and Judy
Abdo.
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January 8, 2002
The following members of the public spoke for full funding of the Municipal,
Pool, Virginia Avenue Park Expansion, maintenance of parks and public
restrooms, joint uses of playing field with the school district, and the
Airport Playing Field: Steve Mount, Lori Nafshun, Neil Carrey, and Frank
Schwengel.
Member of the public Sandy Grant spoke in support of continued funding
for Sustainable City activities.
Members of the public Louise Gabriel and Andrea Engstrom spoke in
support of funding for the Historical Society.
Member of the public Patricia Hoffinan spoke in support of additional and
continued funding for affordable housing and the school district.
Members of the public Nicole Picard, John Hodgson, Robert Rotman, Judy
Lee, Dennis Woods, Jamie Zazow and Edwin McCann spoke in support of
funding for improvements for their neighborhood known as "Borderline
Group.'"
Member of the public Pam Vavra spoke in support offunding for the legal
advocacy program.
Member of the public Oscar de la Torre spoke in support offunding for
education and older youth services.
Member of the public Robin Waner spoke in support offunding for
activities to resolve homeless-related problems.
Discussion ensued on budget priorities. Mayor Pro Tern McKeown
excused hirnselffrom participating in the Santa Monica-Malibu Unified
School District budget assistance issue due to a conflict of interest, at 12:15
a.m., and returned at 12:45 p.m., when that part of the discussion ended.
6
January 8, 2002
PROPOSED CHARTER
AMENDMENT
(VERITAS)
Councilmember Holbrook
was excused at 12:45 a.m.
REPORTS -BOARDS &
COMMISSIONS:
ARB NOTIFICATION
REQUIREMENTS
Motion by Mayor Feinstein.. seconded by Mayor Pro Tem McKeown, to
continue prioritizing the five priorities supported for the last two years
education, community livability/quality of life, mobility, affordable housing,
and sustainability, and add the guiding principle of economic flexibility. The
motion was approyed by the following vote:
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor,
Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSEN'
8-B: Qualification of petition for proposed Charter Amendment
entitled: Voters Election Reform Initiative for True Accountability
System (VERITAS) - recommendation to accept the qualified petition for a
proposed Charter Amendment and set a date for an election for the purpose
of placing the measure on the ballot for a public vote, was presented.
Members of the public Paul De Santis and Irene Zivi spoke in support ofthe
proposed charter amendment.
Member ofthe public Chuck Allord spoke in opposition to the proposed
charter amendment.
Members of the public Brian Hutchings and Joe Natoli expressed various
concerns.
Motion by Mayor Pro Tem McKeown. seconded by Councilmember
Gense~, to place this matter on the November 5, 2002, municipal election
ballot. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Bloom, Genser, Katz, Mayor
Pro Tem McKeown, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
10-A: Request of the Architectural Review Board (ARB) to modify
notification requirements for Architectural Review Board related
projects, was presented.
Member of the public Robin Waner spoke in support of the request
7
January 8, 2002
WRITTEN
COMMUNICATIONS:
CONSTRUCTION OF
DRIVEWAY
COUNCIL ITEMS:
PIER RESTORATION
CORPORATION
Motion by Mayor Pro Tern McKeown, to direct staff to return with an
ordinance setting forth the requirements proposed in the request and
including suggestions for setting time limits, and including a notification to
members of the public who attend variances. The motion died for lack ofa
second.
Motion by Councilmember Genser. seconded bv Councilmember O'Connor,
to direct staff to return on February 12, 2002, when the Planning
Department presents its workload priorities, with information on the
request, with the understanding that Council would like to see posting of
properties begin as quickly as possible and will be looking to do it in the
most cost-effective way, and explore the possibility of mailing notices. In
addition to look at the possibility of notification of all those who
participated in any part of the project to receive notification of the ARB's
hearing. The motion was unanimously approved by voice vote, with
Councilmember Holbrook absent.
12-A: Request of Robert and Linda Posek to address Council to
request a hearing regarding the construction of a driveway in their
property and the City Arborist's decision of the placement of the
driveway relative to a Canary Island Pine tree in the adjacent
parkway.
On order of the Mayor, this matter was continued to January 22,2002.
13-A: Appointment to one annual vacancy on the Pier Restoration
Corporation for a term ending November 8, 2005.
The Mayor opened the floor for nominations.
Councihnember McKeown nominated Linda Wade. Councihnember Katz
nominated Bill Crookston. Councilmember Genser nominated Kent Smith
There being no other nominations, the results ofthe vote were as follows:
Linda Waade:
Bill Crookston
Kent Smith:
Absent:
Mayor Pro Tern McKeown, Mayor Feinstein
Councilmember Katz
Councilmembers Genser, Bloom, O'Connor
Councilmember Holbrook
Councilmember Katz requested to change his vote to Ms. Wade, which
change resulted in a 3-3 tie. On order ofthe Mayor and with the consensus
of Councilmembers present, the appointment was continued to January 22,
2002.
8
January 8, 2002
TRAVEL REQUEST
UNLICENSED BLDG.
MAINTENANCE
CONTRACTOR
13-B: Request by Council liaison to the Planning Commission, Mayor
Pro Tem McKeown, at the request of the Commission, to authorize
Planning Commissioner attendance at the League of California Cities
Planners' Institute from March 20-23, 2002, in Monterey, California,
was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Bloom, to approve request. The motion was unanimously approved by
voice vote, with Councilmember Holbrook absent.
13-C: Request of Mayor Pro Tern McKeown to direct that staff
prepare an ordinance prohibiting any person from entering into an
agreement for services with an unlicensed building maintenance
contractor, with an exemption for residential housecleaning, and
requiring assurance that contractors and subcontractors have valid
City business licenses, was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Genset;:, to approve request, including infonnation on the cost of enforcing
such an ordinance. The motion was unanimously approved by voice vote,
with Councilmember Holbrook absent.
SMM-USD JOINT USE 13-D: Request of Mayor Feinstein to direct staff to explore with the
AND FUNDING OPTIONS Santa Monica-Malibu Unified School District potential joint use and
funding options, including but not limited to: 1) the Civic Center and
Santa Monica High School, that could include parking, playing fields,
and other expansion of the school campus; 2) acquisition and
Mayor Pro Tem McKeown development of land such as 2932-2944 Nebraska Avenue and the 3000
was excused at 1:48 a.m. Block of Olympic Boulevard for joint school affordable housing, arts,
and media/communication purposes; and 3) 415 Pacific Coast
Highway for district office and function space, and community use,
was presented.
Mayor Pro Tern McKeown excused himself from this matter due to a
conflict of interest.
Members of the public Ralph Mechur, John Deasy and Jean Gebman spoke
in support of the request.
Member of the public Chuck Allord spoke in opposition to the request.
Discussion ensued regarding the scope ofthe request and Council's existing
budget priorities.
9
January 8, 2002
SENATE BILL 633
Mayor Pro Tem McKeown
returned at 2:00 a.m.
Councilmembers Bloom
and Katz were excused at
2:10 a.m.
PUBLIC INPUT:
ADJOURNMENT:
Motion by Mayor Feinstein. seconded by Councilmember Katz, to direct
staff to explore with the school district potential joint use and funding
options generally, and withdrawing the remaining portion of the request.
The motion was unanimously approved by voice vote, with Councilmember
Holbrook and Mayor Pro Tern McKeown absent.
13-E: Request of Councilmembers O'Connor and Genser to oppose
Senate Bill 633, which would allow the federal government to
supercede local zoning and environmental review of airports, and to
authorize staff to communicate the City's position to appropriate
parties, was presented.
Motion by Councilmember O'Connor. seconded by Mayor Pro Tern
McKeo~ to approve request. The motion was unanimously approved by
voice vote, with Councilmembers Bloom, Holbrook and Katz absent.
Member of the public Pro Se expressed various opinions on the
performance ofthe Mayor.
On order of the Mayor, the City Council meeting was adjourned at 2:12
a.m. to January 22,2002, in memory of Pete Gibson.
ATTEST:
-~~ .~....t
Maria M. Stewart
City Clerk
~
10
January 8, 2002