M-12/11/2001
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 11, 2001
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at
5:52 p.rn., on Tuesday, December 11,2001, at City Council Chambers, 1685 Main Street.
Absent:
Mayor Michael Feinstein
Mayor Pro Tern Richard Bloom
Councilmember Ken Genser (arrived at 6:10)
Councilmember Robert T. Holbrook (arrived at 7:37 p.rn.)
Councilmember Herb Katz
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Roll Call:
Present:
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 5:52 p.m., with
Councilmembers Genser, Holbrook and O'Connor absent. Mayor Pro Tern
Bloom led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and
approved in one motion unless removed from the calendar for discussion.
Members of the public Joey Fullmer, Art Casillas and Brian Hutchings
addressed various items on the Consent Calendar.
Motion by Councilmember Katz. seconded by Councilmember McKeoYffi,
to approve all items on the Consent Calendar as presented, reading any
resolutions and ordinances by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers Katz, McKeown, Mayor Pro Tern Bloom, Mayor
Feinstein
NOES: None
ABSENT: Councilmembers Genser, O'Connor, Holbrook
1
December 11, 2001
MINUTES
EARTHQUAKE
RECOVERY
RESOLUTION
SUSTAINABLE
PROGRAM OUTREACH
REMEDIATION OF
WATER WELLS
MOBILE DATA
COMPUTERS
UTILITY VEHICLE
I-A: Approved minutes of October 23,2001, City Council meeting, as
submitted.
I-B: Earthquake Recovery Resolution - Resolution No. 9724 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted.
l-C: Environmental and Sustainable City outreach services for Santa
Monica students - recommendation to authorize the City Manager to
negotiate and execute Contract No. 8048 ICCS with Baykeeper, in the
amount of$25,000, and Contract No. 8049 (CCS) with Heal the Bay, in the
amount of$25,000, to provide outreach and educational services on
environmental programs to Santa Monica students, was approved.
I-D: Technical oversight services for the Charnock and Arcadia water
wells for MTBE-related investigation, assessment, and remediation _
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8050 (CCS) with KOMEX H20 Science, Inc., in the amount
of$I,491,000, for technical oversight services for the remediation ofthe
Charnock well field; and, Contract No. 8051 (CCS) with H20R2, in the
amount of$120,000, for technical oversight services for the remediation of
the Arcadia well field; and, approve appropriation, was approved.
l-E: Computer-Aided Dispatch software and Mobile Data Computers
for the Fire Department - recommendation to authorize the City Manager
to negotiate and execute Contract No. 8052 (CCS) with PSSI, Inc., in the
amount of$130,896, for Computer-Aided Dispatch software and support;
and, approve the award of a purchase order to Motorola, Inc., in the amount
of$138,990, for the purchase of Mobile Data Computers for the Fire
Department, was approved.
I-F: Construction of special purpose utility vehicle body for the Police
Department - recommendation to authorize the City Manager to negotiate
and execute Contract No. 8053 (CCS) with The Mattman Company, in the
amount of$112,419.24, for the construction of a special purpose utility
vehicle body for the Office of Special Enforcement Division of the Police
Department, was approved.
2
December 11,2001
POLLUTION
PREVENTION
MILLS ACT
HISTORICAL
PROPERTY
AFFORDABLE
HOUSING
1828 OCEAN AVENUE
516 COLORADO
I-G: Acceptance of grant funds for installation of pollution prevention
devices - recommendation to authorize the City Manager to negotiate and
execute Agreement No. 8054 (CCS) with the California Integrated Waste
Board to accept a $750,000 grant for the installation of a pollution
prevention system at either Pico Boulevard and 33rd Street or Pearl and
33rd Streets to reduce polluted dry weather urban runoff flows, was
approved.
I-H: Resolutions approving Mills Act Historical Property contracts for
2402 4th Street, #1, for 2608 3rd Street, and 2450 25th Street -
Resolution Nos. 9725, 9726, and 9727 (CCS) entitled: "A RESOLUTION
OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE HISTORICAL PROPERTY CONTRACTS
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 50280
(THE MILLS ACT), BETWEEN THE CITY OF SANTA MONICA AND
THE PROPERTY OWNERS OF 2402 4TH STREET, #1," "A
RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO EXECUTE HISTORICAL PROPERTY
CONtRACTS IN ACCORDANCE WITH GOVERNMENT CODE
SECTION 50280 (THE MILLS ACT), BETWEEN THE CITY OF
SANTA MONICA AND THE PROPERTY OWNERS OF 2608 THIRD
STREET, and "A RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE HISTORICAL
PROPERTY CONTRACTS IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 50280 (THE MILLS ACT), BETWEEN THE CITY OF
SANTA MONICA AND THE PROPERTY OWNERS OF 2450 25th
STREET," respectively, were adopted.
I-I: Amendment to Administrative Guidelines for tire Affordable
Housing Production Program - recommendation to approve the proposed
amendment to the Administrative Guidelines to extend the time period
during which off-site affordable housing units, built in conjunction with
market rate housing units, may be completed, was approved.
I-J: Recommendation to authorize staff to negotiate terms and
conditions for acquisition of real property located at 1828 Ocean
Avenue, was approved.
l-K: Recommendation to authorize staff to negotiate terms and
conditions for acquisition of real property located at 516 Colorado
Avenue, was approved.
3
December 11, 2001
401 OCEAN AVE.
CLOSED SESSIONS:
Councilmember Genser
arrived at 6: J 0 p. m.
l-L: Recommendation to authorize staff to negotiate terms and
conditions for acquisition of real property located at 401 Ocean
Avenue, was approved.
On order of the Mayor, the City Council recessed at 6:00 p.m., to
considered closed sessions, and returned at 7:25 p.m., with Councilmembers
O'Connor and Holbrook absent, to report the following:
2-A: Conference with Real Property Negotiators:
Property: 1828 Ocean Avenue
Negotiator: Bob Moncrief, Housing & Redevelopment
Manager
Owner of record: The Edward Thomas Company
Under negotiation: Acquisition or Exchange of Real Property
ACTION:
Heard. No reportable action taken.
Conference with Real Property Negotiators:
Property: 401 Ocean Avenue
City Negotiator: Mark Richter, Real Estate Manager
Owner of Record: Charles Morris Trust
Under Negotiation: Acquisition or Sale of City Interest in Real
Property
ACTION:
Heard. No reportable action taken:
Conference with Real Property Negotiators:
Property: 516 Colorado Avenue
City Negotiator: Mark Richter, Real Estate Manager
Owner of Record: Jacqueline McMahan
Under Negotiation: Acquisition of Real Property
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation:
Boathouse. Inc. v. Citv of Santa Monica, Case No. CV 01-07106.
ACTION:
Heard. No reportable action taken.
4
December 11, 2001
SPECIAL ITEMS:
ADMIN. PROCEEDINGS:
APPEAL - 1443 12TH
2-E: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Boathouse. Inc.. Case No. 01S00357.
ACTION:
Heard. No reportable action taken.
2-F: Conference with Legal Counsel- Existing Litigation: Southern
California Water v. City of Santa Monica, Case No. SC 064 682.
ACTION:
Heard. No reportable action taken.
2-0: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co.. et al., Orange County Superior Court
Case No. 01CC04331.
ACTION:
Heard. No reportable action taken.
2-H: Conference with Legal Counsel- Existing Litigation: 2000
Main St. v. City of Santa Monica, Case No. SC 067 899.
ACTION:
Heard. No reportable action taken.
2-1: Conference with Legal Counsel- Pending Litigation.
Number of cases: Three.
ACTION:
One case heard. No reportable action taken.
4-A: Installation of Mayor Pro Tem.
Councilmember McKeown was installed as new Mayor Pro Tern for a term
of one year.
6-A: Appeal of Planning Commission decision to approve expansion of
1443 12th Street - recommendation to deny Appeal 01-023 and uphold the
Planning Commission approval of Conditional Use Permit 01-004 to expand
an existing Private Elementary School into the R3 District at 1443 12th
Street. Applicant: Pluralistic School, Inc. Appellant: Jean Barolett
The Mayor advised that this item was withdrawn at the request of the
Appellant.
5
December 11, 2001
ORDINANCES:
RECALL OF LAID OFF
EMPLOYEES
7-A: Second reading and adoption of Ordinance No. 2031 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING THE MUNICIPAL CODE CREATING REQUIREMENTS
FOR THE RECALL FROM LAYOFF OF EMPLOYEES OF CERTAIN
BUSINESSES LOCATED IN THE COASTAL ZONE AND EXTENDED
DOWNTOWN CORE," was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Genser, Bloom, Mayor Pro Tern McKeown, Mayor
Feinstein
NOES: Councilmember Katz
ABSENT: Councilmembers O'Connor, Holbrook
STAFF ADMIN. ITEMS: 8-A: Discussion of election reform including possible modifications to
CAMPAIGN FINANCING the City's Campaign Financing Restrictions, was presented.
RESTRICTIONS
Councilmember Holbrook
arrived at 7:37 p. m.
Members of the public Brian Hutchings and Chuck Allord directed
comments to existing financing restrictions and local campaigns.
Motion by Mayor Feinstein. seconded by Mayor Pro Tern McKeo~ to
return with an ordinance adding civil and criminal enforcement provisions to
our current law to be in effect in time for the 2002 election cycle; and, to
investigate providing some form of public support, either by itself or to
effectuate expenditure limits, and return with recommendations after the
2002 election cycle.
Motion to amend by Councilmember Katz, to not wait until after the 2002
election cycle, but to direct staff to return with an information report as soon
as practicable on the request to investigate the provision of some form of
public support, either by itself or to effectuate expenditure limits. The
motion was accepted as friendly.
Motion to amend by Councilmember Bloom, to get information on an
escalator clause to the existing $250 contribution limit, and perhaps indexing
the $250 limit to the CPI. The motion was accepted as friendly.
Motion to amend by Councilmember Holbrook, to provide information on
adding a clause to the enforcement provisions for the right of a candidate to
know who has filed a complaint against the candidate. The motion was
accepted as friendly.
6
December 11,2001
PUBLIC HEARINGS:
OPEN SPACE ELEMENT
DRAFT HOUSING
ELEMENT
The motion, as amended, was approved by the following vote:
AYES:
Councilmembers Holbrook, Bloom, Genser, Katz, Mayor
Pro Tern McKeown, Mayor Feinstein
None
Councilmember O'Connor
NOES:
ABSENT:
9-A: Public hearing and resolutions relative to the Open Space
Element - recommendation to hold a public hearing and adopt Resolution
No. 9728 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA CERTIFYING THE OPEN SPACE ELEMENT
ENVIRONMENTAL IMPACT REPORT," Resolution No. 9729 (CCS) "A
RESOLUTION OF THE CITY OF SANTA MONICA APPROVING A
STATEMENT OF OVERRIDING CONSIDERATIONS AND
ADOPTING A MITIGATION MONITORING PROGRAM," and
Resolution No. 9730 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA AMENDING THE OPEN SPACE ELEMENT OF THE
GENERAL PLAN," was presented.
Members ofthe public Joey Fullmer, Tom Larmore, and Millenium Twain
commented on various parts of the proposed Element.
Motion by Mayor Feinstein. seconded bv Councilmember Bloom, to adopt
the resolutions, reading by title only and waiving further reading thereof
The motion was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Bloom, Holbrook, Mayor Pro
Tern McKeown, Mayor Feinstein
None
Councilmember O'Connor
NOES:
ABSENT:
9-B: Public hearing and resolutions relative to the revised Draft 2000-
2005 Housing Element - recommendation to hold a public hearing; approve
Resolution No. 9731 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA ADOPTING A NEGATIVE DECLARATION," and
Resolution No. 9732 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA ADOPTING THE REVISED DRAFT 2000-2005
HOUSING ELEMENT;" and, direct staff to transmit the adopted document
to the State Department of Housing and Community Development for
review and certification, was presented.
Members of the public Joey Fullmer and Chris Harding commented on
various parts ofthe proposed Element.
7
December 11. 2001
WRITTEN
COMMUNICATIONS:
REVIEW PROCESS FOR
RAPE CASES
1129 ASHLAND - LEGAL
FEES
Motion by Mayor Feinstein. seconded by Councilmember Katz, to adopt
Resolution No. 9731 (CCS), reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES
Councilmembers Holbrook, Bloom, Genser, Katz, Mayor Pro
Tern McKeown, Mayor Feinstein
None
Councilmember O'Connor
NOES:
ABSENT:
Motion by Mayor Feinstein. seconded by Councilmember Katz, to adopt
Resolution No. 9732 (CCS), reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES
Councilmembers Holbrook, Bloom, Genser, Katz, Mayor Pro
Tern McKeown, Mayor Feinstein
None
Councilmember O'Connor
NOES:
ABSENT:
Motion by Councilmember Katz. seconded by Councilmember Genser, to
include as part of departmental priorities, a broader allowance of housing in
the Light Manufacturing Studio District in the June budget discussions. The
motion was unanimously approved by voice vote, with Councilmember
O'Connor absent.
12-A: Request of Karen Pomer to address Councilrequesting that a
review process be implemented on the handling of rape cases by the
Santa Monica Police Department, was presented.
On order of the Mayor, the information was received and filed. Staffwa:
directed to report on existing procedures.
12-B: Request of Kay Mills to address Council requesting
reimbursement of legal fees relative to the potential revocation of a
building permit for a project at her residence located at 1129 Ashland.
was presented.
Motion by Councilmember Katz. seconded by Councilmember Holbrook,
that the City reimburse Ms. Mills for the legal fees. The motion failed by the
following vote:
8
December 11, 2001
COUNCIL ITEMS:
ARB BOARD
PERSONNEL BOARD
BUILDING & SAFETY
COMMISSION ON
OLDER AMERICANS
RECREATION AND
PARKS
AYES:
NOES:
Councilmembers Holbrook, Katz
Councilmembers Bloom, Genser, Mayor Pro Tern McKeown,
Mayor Feinstein
Councilmember O'Connor
ABSENT:
Councilmember Holbrook stated, for the record, that since staff made the
mistake, the property owner should not be penalized.
Councilmember Katz stated, for the record, that he agreed with
Councilmember Holbrook and Council is not looking at why the property
owner should suffer the consequence of full payment if she did nothing
wrong.
Motion by Councilmember Bloom. seconded bv Councilmember Genser, to
direct staff to meet with Ms. Mills and her attorney to attempt to resolve the
matter. The motion was unanimously approved by voice vote, with
Councilmember O'Connor absent.
13-A: Appointment to one special vacancy on the Architectural Review
Board for a partial term ending June 30, 2002.
On order of the Mayor, this matter was continued to December 18,2001
13-B: Appointment to one special vacancy on the Personnel Board for
a partial term ending June 30, 2004.
On order of the Mayor, this matter was continued to December 18,2001
13-C: Appointment to two annual vacancies on the Building & Safety
Commission for terms ending June 30, 2005.
On order of the Mayor, this matter was continued to December 18,2001
13-D: Appointment to one special vacancy on the Coilimission on
Older Americans for a partial term ending June 3'0, uJ03.
On order of the Mayor, this matter was continued to December 18,2001
13-E: Appointment to one special vacancy on the Recreation and
Parks Commission for a term ending June 30, 2004.
On order of the Mayor, this matter was continued to December 18,2001.
9
December 11, 2001
L.A. COUNTY WEST
VECTOR CONTROL
Councilmember Katz was
excused at 9:30 p.m.
CITY MANAGER
SALARY
Councilmember Katz
returned at 9:32 p.m.
AD 1058
DEVELOPMENT
REVIEW THRESHOLD
13-F: Appointment to one annual vacancy as the Santa Monica
representative to the Los Angeles County West Vector Control District.
Mayor Feinstein nominated incumbent Nancv Greenstein for a four year
term. There being no other nominations, Ms. Greenstein was re-appointed,
by acclamation, to the L.A. County West Vector Control District, with
Councilmembers O'Connor and Katz absent.
13-G: Request of Mayor Feinstein to discuss adjusting the salary ofthe
City Manager, consistent with the terms of her employment contract,
from Step 4 to Step 5, effective November 21,2000.
Motion bv Mayor Feinstein. seconded bv Councilmember Katz, to approve
the request. The motion was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Bloom, Holbrook, Mayor Pro
Tern McKeown, Mayor Feinstein
None
Councilmember O'Connor
NOES:
ABSENT
13-H: Request of Mayor Pro Tem McKeown, pursuant to the
California Assembly Select Committee on Air and Water Quality
hearing on global warming held by Assemblymember Fran Pavley in
Santa Monica on November 9,2001, that the City of Santa Monica go
on record with a resolution supporting AD 1058, introduced by Pavley
and co-authored by State Senator Sheila Kuehl, mandating maximum
feasible reductions in vehicular carbon dioxide emissions, was presented.
Motion by Mayor Pro Tern McKeown. seconded bv Councilmember Genser,
to approve request. The motion was unanimously approved by voice vote,
with Councilmember O'Connor absent.
13-1: Request of Council member Genser and Mayor Pro Tem
McKeown to direct staff to prepare an ordinance extending to the
downtown area the 7500-square-foot development review threshold
previously enacted in other commercially-zoned parts ofthe City,
including the specified exemptions for housing, particularly affordable
housing, was presented.
-to
December ,2001
PUBLIC INPUT:
ADJOURNMENT:
-
Motion bv Mayor Pro Tern McKeown. seconded bv Councilmember Genser,
to continue this item pending further consultation and input from the
Planning Commission, the Bayside District and other interested parties. The
motion was unanimously approved by voice vote, with Councilmember
O'Connor absent.
Members ofthe public Pro Se, John Deasy, and ClifIord Stem addressed
Council on various issues.
On order of the Mayor, the City Council meeting was adjourned at 10:15
p.rn.. to December 18, 2001, in memory of Sonny Patton, Margarita A. de
Chow, Linda Dove and, in honor of National Day of Remembrance, the
victims of the September 11, 2001, attack.
ATTE~
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Maria M. Stewart
City Clerk
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Michael Feinstein
Mayor
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.........
December 11. 2001