M-2/25/2003
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 25, 2003
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 6:15
p.m., on Tuesday, February 25, 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.m.)
Councilmember Robert T. Holbrook (arrived at 7:07 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 ofthe Mayor, the City Council convened at 6:15 p.m., with
Councilmembers Holbrook, Genser and Katz absent. City Attorney Marsha
Moutrie 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.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein. 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 O'Connor, Feinstein. Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Holbrook, Katz, Genser
NOES:
ABSENT:
MINUTES
Members of the public Joey Fulhner and Pro Se addressed items on the
Consent Calendar.
I-A: The minutes ofthe January 28,2003, City Council meeting were
approved as submitted.
February 25,2003
MUNICIPAL POOL
CITY INVESTMENT
POLICY
COMPREHENSIVE
FINANCIAL ANNUAL
REPORT
BBB SERVICE
MODIFICATIONS
TRAFFIC SAFETY
PUBLIC SAFETY
FACILITY
CLOSED SESSIONS:
Councilmember Holbrook
arrived at 7:07 p.m.
I-B: Modification to contract for Municipal Pool Project -
recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 7591(CCS), with DMR Team, Inc., in the
amount of$67,450, for construction management services on the Municipal
Pool Project, was approved.
l-C: Revision to City Investment Policy, delegation of investment
authority, and Resolution No. 9840 entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AUTHORIZING ESTABLISHMENT
AND USE OF BANK AND BROKERAGE ACCOUNTS AND UPDATE
OF LIST OF PERSONS AUTHORIZED TO CONDUCT
TRANSACTIONS WITH THE STATE LOCAL AGENCY
INVESTMENT FUND," was approved.
I-D: Transmittal of City's Comprehensive Annual Financial Report, and
recommendation to receive and file, was approved.
l-E: Approval of Big Blue Bus Service Modifications -
recommendation to authorize reduced service hours for the TIDE Shuttle,
from noon to 8:00 p.m., Sunday through Thursday, and from noon to 10:00
p.m., Friday and Saturday, and approve elimination of some early and late
trips on Lines 2,5,8, and 9, effective March 9,2003, was approved.
I-F: Acceptance of grant funds for traffic safety program -
recommendation to accept $90,000 grant award and authorize the City
Manager to negotiate, execute Contract No. 8190 (CCS) with the California
Office of Traffic Safety for a comprehensive multi-year traffic safety
program, and approve proposed budget adjustments, was approved.
I-G: Amendment to Contract for Public Safety Facility Project -
recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 7828 (CCS) with J.A. Jones Construction, in
the amount of$2,300,000, for increases in the scope ofthe project, was
approved.
On order of the Mayor, the City Council recessed at 6:24 p.m., to hear
closed sessions and reconvened at 7:10 p.m., with Councilmembers Genser
and Katz absent, to report the following action taken:
2
February 25, 2003
2-A: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Company, Case No. 01CC04331.
ACTION
Not heard.
2-B: Conference with Legal Counsel- Existing Litigation: Santa
Monica Housinl! Council v. Citv of Santa Monica, Case No. SC 074
683.
ACTION
Not heard.
2-C: Conference with Legal Counsel- Existing Litigation: James
and Joan Holidav v. Citv of Santa Monica, Case No. SC 066 986.
Motion by Councilmember Holbrook. seconded by Councilmember
Feinstein. to approve settlement of$I,050,000, and appropriate $1,000,000
from Account No. 56232.52210. The motion was approved by the
following vote:
AYES
NOES:
ABSENT:
Councilmembers Feinstein, Holbrook, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Katz, Genser
2-D: Conference with Legal Council- Anticipated Litigation.
Number of cases: Eight._
ACTION: Three cases of anticipated litigation were heard. No
reportable action was taken on two. As to the third case, the following
motion was made:
Motion by Councilmember O'Connor. seconded by Mayor Pro Tern
McKeo~ regarding the Marlene Bronson claim, to waive the City
requirements of the Bay Saver Program so as to allow the sale of her home
and escrow to close, that the City will not issue a Certification because the
toilets in the home are not in compliance, but will make efforts to get
compliance from next owner. The motion was approved by the following
vote:
AYES
NOES:
ABSENT:
Councilmembers O'Connor, Holbrook, Feinstein, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Genser, Katz
3
February 25, 2003
ADMIN. PROCEEDINGS: 6-A: Appeal of denial of Conditional Use Permit to allow
1719 OCEAN FRONT construction ofa condominium project at 1719 Ocean Front Walk-
WALK recommendation to uphold appeal of the Planning commission's denial of
Conditional Use Permit to allow construction of a two-story, five-
condominium project at 1719 Ocean Front Walk approve CUP 02-017 to
allow a one-year extension of CUP 99-006 and to amend condition of
approval number 38 associated with the prior entitlement, based upon the
following findings and subject to the conditions proposed in the staff report,
was presented.
ORDINANCES:
SUNSET P ARK/NORTH
OF WILSHIRE
Sharon Gilpin, representing the applicant/appellant, spoke in support of the
project.
There was no one else present for public comment.
Motion by Councilmember Feinstein. seconded by Councilmember
O'Connor, to uphold appeal and extend the CUP for one year from tonight's
date. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Holbrook, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Katz, Genser
NOES:
ABSENT:
7-A: Second reading and adoption of an Interim Ordinance No. 2066
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
MODIFYING DEVELOPMENT STANDARDS FOR PARCELS IN THE
R-l DISTRICTS LOCATED IN THE SUNSET PARK AND NORTH OF
WILSHIRE NEIGHBORHOODS," was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein. to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Feinstein, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Genser, Katz
NOES:
ABSENT:
4
February 25, 2003
INTERIM ORDINANCE 7-B: Interim ordinance entitled: "AN ORDINANCE OF THE CITY
OF SANTA MONICA EXTENDING AN ORDINANCE ESTABLISHING
DEVELOPMENT STANDARDS FOR PARCELS IN THE R-I
DISTRICTS LOCATED IN THE SUNSET PARK AND NORTH OF
WILSIDRE NEIGHBORHOODS," was presented.
Members of the public John Smith, Lise Matthews, Dale Goldsmith, Marc
Evans and Jessica Evans discussed applicability of ordinance to on-going
projects and regarding possible exemptions.
Motion by Mayor Pro Tern McKeown. seconded by Corincilmember
Feinstem, to introduce ordinance for first reading, reading by title only and
waiving further reading thereof, and amended to include language for an
exception to read under Section 2 of the ordinance: "City staff is directed to
disapprove all building applications filed after February 24,2003, or for
which applications for variances or other discretionary approvals are
deemed complete after February 24, 2003, for any residential
development in the . . ." The motion was approved by the following
vote:
AYES:
Councilmembers Feinstein, Holbrook, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmember Genser, Katz
NOES:
ABSENT:
C3 DOWNTOWN
COMMERCIAL
STANDARDS
7-C: Introduction and first reading of an ordinance 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.
There was no one present for public comment.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, to introduce ordinance for first reading, reading by title only and
waiving further reading thereof. The motion was approved by the following
vote:
AYES:
Councilmembers Feinstein, Holbrook, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmember Genser, Katz
NOES:
ABSENT:
5
February 25,2003
STAFF ITEMS:
SPECIAL JOINT
MEETING MID-YEAR
BUDGET CHANGES
Councilmember Genser
arrived at 8: lOp. m.
On order of the Mayor, the regular City Council meeting recessed and
reconvened to ajoint meeting of the City Council, the Housing Authority,
the Parking Authority and the Redevelopment Agency at 8:00 p.m., with
Councilmembers Genser and Katz absent.
SPECIAL JOINT MEETING OF THE CITY COUNCIL. THE HOUSING
AUTHORITY. THE PARKING AUTHORITY. AND THE REDEVELOP-
MENT AGENCY:
8-A: Recommendation to conduct FY 2002-03 Mid-Year Budget
Review, approve associated budget changes; adopt Resolution No. 9837
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
INCREASING PARKING METER RATES" and Resolution No. 239 (PAS)
entitled: "AN ORDINANCE OF THE SANTA MONICA PARKING
AUTHORITY INCREASING PARKING METER RATES"; introduce and
hold first reading of an ordinance entitled: "AN ORDINANCE OF THE
CITY OF SANTA MONICA ESTABLISHING VARIOUS PARKING
METER ZONES"; adopt Resolution No. 9838 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA MODIFYING
VARIOUS PLANNING FEES AND AMENDING THE MUNICIPAL
CODE"; adopt Resolution No. 9839 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA ESTABLISHING VARIOUS
CLASSIFICATIONS AND SALARY RATES"; and approve in concept
increased parking citation fines and penalties, was presented.
Members of the public Patricia Hoffinan, John Deasy, Cheri Orgel, Harry
Keiley, and Nat Trives spoke in support of funding for the School District.
Member ofthe public Tom Carter addressed various concerns.
Motion bv Councilmember Genser. seconded by Councilmember Feinstein, to
approve the proposed budget changes. The motion was approved by the
following vote:
AYES:
Councilmembers Feinstein, Genser, Holbrook, .O'Connor,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
6
Febmary 25, 2003
ADJOURNMENT OF
SPECIAL JOINT
MEETING
SPECIAL JOINT
MEETING:
5- YEAR IMPLEMENTA-
TION PLAN FOR mE
REDEVELOPMENT
AGENCY
Motion byCouncilmember Genser. seconded by Councilmember O'Connor, tl
adopt Resolution Nos. 9837,9838, and 9839 (CCS), reading by title only anI
waiving further reading thereof, amending Resolution No. 9838 (CCS) tl
change the recommended appeal fee from the recommended $465 to $200
The motion was approved by the following vote:
AYES.
Councilmembers O'Connor, Holbrook, Genser, Feinstein
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
Motion by Councilmember Genser. seconded by Councilmember O'Connor, t(
introduce and hold first reading of the proposed ordinance, reading by title on!:
and waiving further reading thereof. The motion was approved by tht
following vote:
AYES:
Councilmembers Feinstein, Genser, Holbrook, O'Connor
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
Motion by Councilmember Feinstein. seconded by Councilmember Genser, t(
conceptually approve parking citation fine and penalty increases. The motiol
was approved by the following vote:
AYES
Councilmembers O'Connor, Holbrook, Genser, Feinstein
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
On order of the Mayor, the special joint meeting of the City Council, Housinf
Authority, Parking Authority and Redevelopment Agency adjourned at 9:1:
p.rn., and reconvened to a special joint meeting of the City Council and tht
Redevelopment Agency.
8-B: Public Hearing for Midterm Report for the Five-yeal
Implementation Plan forthe Redevelopment Agency and recommendatiol1
to receive and file, was presented.
There was no one present for public comment.
7
February 25,2003
ADJOURNMENT OF
SPECIAL JOINT
MEETING
Motion by Councilmember Holbrook. seconded by Councilmernber Feinstem,
to receive and file report. The motion was approved by the following vote:
AYES:
Councilmernbers O'Connor, Holbrook, Genser, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
On order ofthe Mayor the Special Joint Meeting was adjourned at 9:23, and
the regular City Council meeting reconvened with Councilmember Katz absent.
REPORTS OF BOARDS to-A: Request From Disabilities Commission that the City Council adopt
AND COMMISSIONS: Resolution No. 9835 (CCS) entitled: "A RESOLUTION OF THE CITY OF
BARDEN v. SANTA MONICA REFUSING TO SUPPORT THE CITY OF
CITY OF SACRAMENTO SACRAMENTO'S POSITION IN THE CASE OF BARDEN v. CITY OF
SACRAMENTO," was presented.
RESOLUTIONS:
PREFERENTIAL
PARKING ZONES
There was no one present for public comment.
Motion bv Mavor Pro Tern McKeown. seconded by Councilmernber Genser,
to adopt resolution, reading by title only and waiving further reading thereof,
write a letter to the League of Cities expressing the City's support for
disabilities issues. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, O'Connor, Mayor Pro Tern
McKeown
Mayor Bloom
Councilmember Holbrook
Councilmember Katz
NOES:
ABSTAIN:
ABSENT:
Mayor Bloom stated, for the record, that he voted against the motion because
there was a better way to state the sense ofthe Council and the City of Santa
Monica and for reasons stated earlier.
II-A: Resolution No. 9836 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA ENLARGING PREFERENTIAL PARKING
ZONE K TO INCLUDE 17TH, 18TH, AND 19TH STREETS BETWEEN
WILSHIRE AND WASHINGTON, AND CALIFORNIA AND
WASHINGTON BETWEEN 17TH AND 20TH STREET; CREATING
PREFERENTIAL PARKING ZONE 0 INCLUDING LINCOLN
BOULEVARD, 9TH, 10TH, 11TH, 12TH EUCLID, 14TH, 15TH AND 16TH
8
February 25,2003
~
WRITTEN
COMMUNICATIONS:
PARKING PERMITS
VENDORS' LICENSES
STREETS BETWEEN WILSHIRE AND CALIFORNIA, AND
CALIFORNIA BETWEEN LINCOLN AND 17TH STREET; ELIMINATING
PREfERENTIAL PARKING ZONES K-l AND U; AND, AMENDING
RESOLUTION NO. 9344 (CCS)," was presented.
Members of the public Ed Evertsen, Patricia Campbell, and Ron Yerxa spoke
in opposition to the proposal. Members of the public Tom Carter and Juanita
Ardavany spoke in support of the proposal.
Motion by Councilmember Genser. seconded by Mayor Pro Tern McKeo~
to adopt resolution, reading by title only and waiving further reading thereof,
amended to change 10th and 11 th street restrictions on Sundays be from 1 :00
p.m. to 2:00 a.m., and shift at 6:00 p.m., (as recommended by staft) to no
parking without permits. The motion was approved by the following vote:
AYES.
Councilmembers Holbrook, Genser, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
Councilmember O'Connor
Councilmember Katz
NOES:
ABSENT:
12-A: Request of Bemadette Scully to address Council regarding
distribution of parking permits and requesting an amendment to requirement
that a vehicle registration address must match the owner's residential address,
was presented.
There was no one present for public comment
There was no formal action taken. Staff was directed to look at possible
options and inform Council.
12-B: Request of Joy Glatt to address Council requesting a vendor's license
for the southeast comer of 4th Street and Santa Monica Boulevard, was
presented.
There was no one present for public comment
Motion by Councilmember Genser. seconded by Mayor Pro Tern McKeown,
to direct staff to accelerate the draft recommendations for vending on the sites
allowed in the Municipal Code, considering the issues raised at this meeting and
during the last few years, and return to Council. The motion was unanimously
approved by voice vote, with Councilmember Katz absent.
9
~ebruary 25,2003
COUNCIL ITEMS:
BUILDING & SAFETY
COMMISSION
COMMISSION ON
OLDER AMERICANS
WESTSIDE CITIES
REGIONAL COUNCIL
PUBLIC INPUT:
ADJOURNMENT:
13-A: Appointment to one vacancy on the Accessibility Appeals Board
ofthe Building and Safety Commission, for a term ending June 30,2005.
On order ofthe Mayor, this matter was continued to March 11,2003.
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 11,2003.
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 11,2003.
13-D: Request of Mayor Bloom to support Councilmember O'Connor's
re-election as the Westside Cities Regional Council Representative to the
Southern California Association of Governments.
Motion by Mayor Bloom. seconded by Councilmember Feinstem, to approve
request. The motion was unanimously approved by voice vote, with
Councilmember Katz absent.
Member of the public Art Casillas addressed various issues. Member of the
public Pam Vavra expressed concerns regarding outreach for the upcoming
special election.
On order of the Mayor, the City Council meeting was adjourned at 12:15 a.m.,
in memory of Judge Joseph W. Chandler.
ATTEST:
~\u.~~
Maria M. Stewart I
City Clerk
ljOVED:
~'f::-
Mayor
10
February 25, 2003
~