M-3/11/2003
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 11, 2003
A regular meeting ofthe 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 Tern 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 ofthe 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 concern
on the Consent Calendar.
At the request of Councilmember Katz, Item l-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 Tern
March 11, 2003
MOUNTAIN VIEW
MOBILE HOME PARK
UCLA BUS FARE
NAMING OF ACCESS
ROAD
SKATE PARK
WATER MAIN REPAIR
CITY YARDS -
ENVIRONMENTAL
ASSESSMENT
SEWER RE-ROUTING
NOES:
ABSENT:
McKeown, Mayor Bloom
None
Councilmembers O'Connor, Holbrook
I-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 $52,000, was approved.
l-B: Bus fare agreement with UCLA for BruinGO! Transit program
for students, faculty and staff - recommendation to approve an average
charge to UCLA Transportation Services of$.6l for local service and $1.54
for express service, was approved.
l-C: Recommendation to approve the designation of an airport
access road in honor of General James H. Doolittle, was approved.
l-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.
l-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.
l-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.
l-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.
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March 11, 2003
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:
NOES:
ABSENT:
Councilmembers Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
Councilmember Katz
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.
Counci/member 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. 01 CC0433I.
ACTION
Not heard.
2-B: Conference with Legal Counsel- Existing Litigation: Santa Monica Food Not
Bombs. et ale v. City of Santa Monica. et aI., 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 bv 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 Housine
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March 11, 2003
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 ofthe 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 ofthe measure which would necessitate appellate review."
ORDINANCES:
SUNSET P ARK/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-I DISTRICTS
LOCATED IN THE SUNSET PARK AND NORTH OF WILSHIRE NEIGHBOR-HOODS, was
presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Feinstein, to adopt
ordinance, reading by title only and waiving further reading thereof. The motion was approved
b~ the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
Councilmembers Holbrook, Katz
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
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March 11, 2003
DEVELOPMENT
STANDARDS
PARKING METER
ZONES
NOES:
ABSENT:
Councilmembers Holbrook, Katz
Councilmember 0' Connor
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 Mavor Pro Tern 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 Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT:
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 Tern 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 Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT
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 MORATORillM ON
THE DEVELOPMENT OF AND CONVERSION TO SHORT-TERM
HOUSING," was presented.
Member ofthe public Joey Fullmer addressed various concerns. Member of
the public Jerry Rubin spoke in support ofthe proposed ordinance.
Motion by Mavor Pro Tern 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
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March 11, 2003
STAFF ITEMS:
PIER LEASEHOLD
MANAGEMENT
GUIDELINES
RESOLUTIONS:
INTERIM ORDINANCES
vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT:
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 bv 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 Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT:
II-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 Tern 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:
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March I, 2003
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
SCHOOL FUNDING MEASURE
13-D: Request of Mayor Bloom that the city council declare its unqualified support for the
school funding measure to be voted on June 3, 2003.
On order of the Mayor, this matter was continued to a future meeting.
PUBLIC INPUT:
Member ofthe 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 ofthe Mayor, the City Council meeting was adjourned at 8:05 p.m., in memory of
Former College Board Member, A1 Quinn; Former Councilmember and Planning Commissioner,
Seymour Cohen; Janice D' Amico, Local Physician; and Kristi Louise Johnson, 21-year old
resident.
ATTE~
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Maria M. Stewart
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Jc~loom
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March 11, 2003