M-12/18/2001
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
December 18, 2001
A regular adjourned meeting ofthe Santa Monica City Council was called to order by Mayor Pro
Tern McKeown at 5:50 p.m., on Tuesday, December 18, 2001, at City Council Chambers, 1685
Main Street.
Roll Call:
Present:
Mayor Michael Feinstein (arrived at 5:54 p.m.)
Mayor Pro Tern McKeown
Councilinember Ken Genser
Councilinember Robert T. Holbrook (arrived during Closed Session)
Councilinember Herb Katz
Councilinember Bloom
Councilinember Pam O'Connor (arrived during Closed Session)
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
CONVENEIPLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:50 p.m.,
with Mayor Feinstein, and Councilinembers Holbrook and O'Connor absent
Councilinember 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.
Member of the public Joey Fullmer addressed Item 1 C on the Consent
Calendar.
Mayor Feinstein arrived at
5:54 p.m.
Motion bv Councihnember Katz. seconded bv Councilinember Bloom, 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:
Councilinembers Bloom, Genser, Katz, Mayor Pro Tern
McKeown, Mayor Feinstein
None
Councilinembers Holbrook, O'Connor
NOES:
ABSENT:
December 18,2001
MINUTES I-A
EARTHQUAKE-B:
RECOVERY
RESOLUTION
VIRGINIA AVENUE 1-C:
PARK EXPANSION
PROJECT AND AIRPORT
PARK PROJECT
MAIN LIBRARY I-D:
EXPANSION PROJECT
1251 THIRD STREET 1-E:
(GAUCHO GRILL)
1719 OCEAN FRONT I-F:
WALK
CLOSED SESSIONS:
Approved minutes of the October 30, 2001, City Council meeting
as presented.
Earthquake Recovery Resolution -Resolution No. 9733 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted.
Environmental Impact Reports (EIR) for Virginia Avenue Park
Expansion Project and the Airport Park Project -
recommendation to authorize the City Manager to negotiate and
execute an amendment to Contract No. 7521 (CCS) with
Culbertson, Adams & Associates, in the amount of$38,918, to
provide environmental analysis necessary to complete the Virginia
Avenue Park EIR and the Airport Park EIR was approved.
Setting of a public hearing for January 22, 2002, for proposed
vacation of public service utility and right-of-way easements at
Sixth Court for the Main Library Expansion Project, was
approved.
Statement of Official Action for property located at 1251 Third
Street (Gaucho Grill) - recommendation to approve certification of
the Statement of Official Action for appeal of Planning Commission
denial of Conditional Use Permit for an existing Restaurant at 1251
Third Street Promenade, was approved.
Resolution adopting Final Parcel Map for project at 1719 Ocean
Front Walk- ResolutionNo. 9734 (CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING AFINAL SUBDIVISION MAP
FOR PARCEL NO. 52838 TO SUBDIVIDE A PROPERTY AT 1719
Ocean Front Walk", was adopted.
On order of the Mayor, the City Council recessed at 5:55 p.m., to considered
closed sessions, and returned at 7:16 p.m., with all Councihnembers present, to
report the following:
2-A: 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 December 18.2001
SPECIAL ITEMS:
STAFF ADMIN. ITEMS:
SPECIAL JOINT
MEETING:
REDEVELOPMENT
AGENCY ANNUAL
REPORT
Councilmember Holbrook
was excused at 7:25 p.m.
2-B:Conference with Legal Counsel- Existing Litigation: Southern
California Water v. City of Santa Monica, Case No. SC 064 682.
ACTION:
Not heard.
2-C: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Shell Oil Co.. et aI., Orange County Superior Court Case
No.01CC04331.
ACTION:
Not heard.
2-D: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Boathouse. Inc., Case No. 01S00357.
ACTION:
Not heard.
2-E: Conference with Legal Counsel- Existing Litigation: Boathouse.
Inc. v. City of Santa Monica, Case No. CV 01-07106.
ACTION:
Not heard
4-A: Commendation to Retiring City Employee, Israel Paiess, wa
presented.
On order of the Mayor, the regular Council meeting convened to a special joint
meeting with the Redevelopment Agency at 7:20 p.m., with all members
present.
8-A: Redevelopment Agency Annual Report for Fiscal Year 2000-2001 -
recommendation that the City Council receive and file Report; and, that the
Redevelopment Agency direct the Executive Director to transmit the report to
the Controller of the State of California.
Members of the public Joey Fullmer and Ken Ward expressed their concerns.
Motion by Mayor Feinstein, second by Councilmember Katz to receive and file
the report. the motion was approved by the following vote:
AYES:
Councihnembers Katz, Genser, Bloom, O'Connor, Mayor Pro
Tern McKeown, Mayor Feinstein
None
Councihnember Holbrook
NOES:
ABSENT:
3
December 18,2001
Motion by Chair Feinstein, second by Agency Member Katz, to approve staff
recommendation to direct the Executive Director of the Redevelopment Agency
to transmit the report to the Controller of the State of California.
The motion was approved by the following vote of the Redevelopment Agency:
AYES
Agency Members O'Connor, Bloom, Genser, Katz, Chair Pro
Tern McKeown, Chair Feinstein
None
Agency Member Holbrook
NOES:
ABSEN
8-B: Approval of Conceptual Plan for the Main Library -
recommendation for the Redevelopment agency to receive and file the
information; and, for the City Council to approve the conceptual plan and
authorize staff to proceed with schematic design and the Environment Impact
Report process, was presented.
MAIN LIBRARY
Member of the public Roger Genser suggested bringing the Stanton
Councilmember Holbrook Macdonald-Wright murals back to the City from the Smithsonian Institute,
returned at 7:30 p.m. restoring them, and including them in the new library structure.
Motion by Chair Feinstein. seconded by Agency Member O'Connor, to receive
and file the information. The motion was approved by the following vote:
AYES:
Agency Members Katz, Genser, Bloom, O'Connor, Holbrook,
Chair Pro Tern McKeown, Chair Feinstein
None
None
NOES:
ABSENT
Motion by Mayor Feinstein. seconded by Councilmember O'Connor, to
approve the conceptual plan and authorize staff to proceed with schematic
design and the Environmental Impact Report process.
Discussion ensued regarding the possibility of including the construction of the
Main Library in the Civic Center Specific Plan, provisions for acquiring the
entire collection of the Stanton Macdonald- Wright murals and accommodating
the mural in the space design for the library, and assuring that the garage design
would include the installation of electrical vehicle charging stations.
Motion to amend by Councilmember Bloom for staff to return with detail and
an analysis showing the areas where all of the murals can be located and other
information about tradeoffs that the City might be making if the murals are
returned. The motion was accepted as friendly.
4
December 18. 2001
SPECIAL JOINT
MEETING:
Councilmember Holbrook
was excused at 8:28 p.m.
PUBLIC FINANCING
AUTHORITY
LEASE REVENUE
BONDS
Councilmember Holbrook
returned at 8:28 p.m.
'he motion, as amended, was approved by the following vote
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT
Motion by Councilmember Katz. duly seconded, to agendize the concept of
possibly relocating the library to the Civic Center including this as part of the
Civic Center Plan discussion currently scheduled for the January 22, 2002, City
Council meeting. StafIwas directed to prepare an analysis of the pros and cons
of the concept as part of the January 22,2002, Civic Center Plan staff report.
The motion and direction were unanimously approved by voice vote with all
Councilmembers present.
The Special Joint meeting of the City Council and the Redevelopment Agency
was adjourned at 8:25 p.rn.
On order of the Mayor, the regular Council meeting convened to a special joint
meeting with the Public Financing Authority at 8:26 p.rn., with Councilmember
Holbrook absent.
8-C: Public hearing and adoption of resolutions authorizing the issuance
of additional Santa Monica Public Financing Authority Lease Revenue
Bonds, Series 2002 Bonds, for the Public Safety Facility Project and
approval of documents, actions, and proposed budget changes, was
presented.
Members of the public Joey Fulhner and Brian Quincy Hutchings expressed
their concerns.
Motion bv Chair Feinstein. seconded bv Authoritv Member 0' Connor. to adopt
Resolution No. 3(PFA) entitled: "RESOLUTION OF THE BOARD OF
DIRECTORS OF THE SANTA MONICA PUBLIC FINANCING
AUTHORITY AUTHORIZING THE EXECUTION AND DELIVERY BY
THE AUTHORITY OF A FIRST AMENDMENT TO LEASE
AGREEMENT, A FIRST SUPPLEMENTAL INDENTURE AND A FIRST
AMENDMENT TO ASSIGNMENT AGREEMENT IN CONNECTION
WITH THE ISSUANCE OF SANTA MONICA PUBLIC FINANCING
AUTHORITY LEASE REVENUE BONDS, SERIES 2002A (PUBLIC
SAFETY FACILITY PROJECT), AUTHORIZING THE ISSUANCE OF
5
December 18,2001
SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO
EXCEED $18,000,000, AUTHORIZING TlIp PUBLISHING OF A NOTICE
OF INTENTION TO SELL, AUTHORIZING THE DISTRIBUTION OF AN
OFFICIAL NOTICE INVITING BIDS AND AN OFFICIAL STATEMENT
IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS
AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS
AND CERTIFICATES AND RELATED ACTIONS", reading by title only and
waiving further reading thereof.
The motion was approved by the following vote of the Public Financing
Authority:
AYES: Authority Members Holbrook, O'Connor, Bloom, Genser,
Katz, Chair Pro Tern McKeown, Chair Feinstein
NOES: None
ABSENT: None
Motion by Mayor Feinstein. seconded by Councilmember O'Connor, to adopt
Resolution No. 9735 (CCS) entitled: "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE
EXECUTION AND DELIVERY BY THE CITY OF A FIRST
AMENDMENT TO LEASE AGREEMENT, A FIRST SUPPLEMENTAL
INDENTURE AND A CONTINUING DISCLOSURE CERTIFICATE IN
CONNECTION WITH THE ISSUANCE OF SANTA MONICA PUBLIC
FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2002A
(pUBLIC SAFETY FACILITY PROJECT), APPROVING THE ISSUANCE
OF SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT
TO EXCEED $18,000,000, APPROVING A NOTICE OF INTENTION TO
SELL AND AN OFFICIAL NOTICE INVITING BIDS FOR SUCH BONDS,
AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT
IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS
AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS
AND CERTIFICATES AND RELATED ACTIONS", reading by title only and
waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein
NOES: None
ABSENT: None
6
December 18,2001
COMPREHENSIVE
ANNUAL FINANCIAL
REPORT
JACK IN THE BOX -
2423 WILSHIRE BLVD.
PUBLIC HEARINGS:
DRAFT HISTORIC
PRESERVATION
ELEMENT
The Special Joint meeting of the City Council and the Public Financin!1
Authority was adjourned at 8:35 p.m., and the regular meeting of the Ci~
Council reconvened with all members present.
8-D: Review and acceptance of City's Comprehensive Annual Financial
Report for Fiscal Year 2000-01.
Member of the public Brian Hutchings expressed his concerns.
Motion bv Mayor Feinstein. seconded by Councilmember Bloom, to accept the
report. The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT
8-E: Conditional Use Permit for Jack in the Box drive-up Window
extended hours at 2423 Wilshire Boulevard - recommendation to approve
amended conditional use permits for extended hours from 6:00 a.m. to
7:00 a.m., 7 days a week; 10:00 p.m. to midnight on Sunday Through
Thursday nights; and 10:00 p.m. to 1:00 a.m. on Friday and Saturday
nights based upon the proposed findings and conditions.
Member of the public Jack Rubens spoke in support of the approval of the
amended conditional use permits. Member of the public Chuck Allord spoke
in support of stronger development standards in the City.
Motion bv Councilmember Bloom. seconded by Mayor Pro Tern McKeo~
to approve the conditional use permit based upon the proposed findings and
conditions. The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT
9-A: Public hearing on the Draft Historic Preservation Element -
recommendation to hold a public hearing, receive public input, approve in
concept the draft Element, and direct staff to conduct the necessary
environmental review and provide direction regarding staffing implications and
workload priorities, was presented.
7
December 18, 2001
RESOLUTIONS:
PREFERENTIAL
PARKING ZONE T
Counci/member Katz was
excused at 9:44 p.m.
Members of the public Margot Alofsin, Nina Fresco, Bea Nemlaha, Ken
Breisch, Ruthann Lehrer, Roger Genser, and Trudi Sandmeier of the Los
Angeles Conservancy spoke in support of the draft Historic Preservation
Element.
Members of the public Chuck Allord and Robert Farzam expressed their
concerns.
Motion by Mayor Pro Tern McKeown, seconded by Councilmember Genser,
to approve the draft Historic Preservation Element and expand the staff
recommendation to also focus on the City's ethnic heritage.
Motion to amend by Councilmember Holbrook that the Historical Society be
partners with the City in preserving the Element, and to forward the
memorandum received from the Historical Society to the Landmarks
Commission to review their suggestions and possibly include them in the City's
goals and objectives. The motion was considered friendly.
The motion, as amended, was approved by the following vote:
AYES
Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz,
Mayor Pro Tern McKeo~ Mayor Feinstein
None
None
NOES:
ABSENT
II-A: Adoption of resolution for Preferential Parking Zone T, bounded by
Exposition Boulevard, Stewart Street, and Virginia and Centinela
Avenues - recommendation to adopt resolution amending and enlarging
Preferential Parking Zone T, eliminating Zone UU, and amending Resolution
9344 (CCS), was presented.
Member ofthe public Peter Path expressed his concerns regarding the two hour
limit on parking. Members ofthe public Jeff Morgan and Eddie Simmons spoke
in support of staff's recommendation and requested an extension of the
restriction to include Saturdays.
Motion by Mayor Feinstein. seconded by Mavor Pro Tern McKeo~ to
approve staff's recommendation and adopt Resolution No. 9736 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MODIFYING THE REGULATIONS IN
PREFERENTIAL PARKING ZONE T AND AMENDING RESOLUTION
9344 (CCS) "PREFERENTIAL PARKING ZONES" BY REPLACING
EXHIBIT A", reading by title only and waiving further reading thereof.
8
December 18,2001
COUNCILMEMBER
DISCUSSION ITEMS:
AUTO DEALERS TASK
FORCE
PERSONNEL BOARD
BUILDING & SAFETY
COMMISSION
COMMISSION ON
OLDER AMERICANS
The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser, Mayo;
Pro Tem McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
13-A: Request of Mayor Feinstein to direct staff to explore alternatives
when studying the recommendations of the Auto Dealers Task Force,
including locations other than Santa Monica Boulevard. Based on
discussions with some auto dealers, expanding the scope ofthe scheduled
study, while not delaying it, may result in a more comprehensive look at
the challenges of benefitting both the commercial and residential interests
was presented.
Member of the public Chuck Allord expressed his concerns.
Motion bv Mayor Feinstein. seconded by Councilmember Bloom, to approve
the request.
Motion to amend by Councilmember Bloom to direct staff to prepare an
information item to be considered during the February 2002 Council meetinJ
on Planning priorities which identifies any issues that should be considere(
regarding this request. The amendment was considered friendly.
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 item was continued to a future meeting pending
resolution of the Personal Board's possible change in meeting time.
13-C: Appointment to two annual vacancies on the Building & Safety
Commission for terms ending June 30, 2005.
On order of the Mayor, this item was continued to January 22,2002.
13-D: Appointment to one special vacancy on the Commission on Older
Americans for a partial term ending June 30, 2003.
On order of the Mayor, this item was continued to January 22,2002.
9
December 18, 2001
RECREATION & PARKS 13-E: Appointment to one special vacancy on the Recreation and Parks
COMMISSION Commission for a term ending June 30, 2004.
On order of the Mayor, this item was continued to January 22,2002.
COMMISSION ON THE 13-F: Appointment to one special vacancy on the Commission on the
STATUS OF WOMEN Status of Women for a partial term ending June 30, 2002.
On order of the Mayor, the floor was opened for nominations.
Mayor Feinstein nominated Alesia Cook. There being no other nominations,
Alesia Cook was appointed by acclamation for a partial term ending June 30,
2002, with Councilmember Katz absent..
ARCHITECTURAL
REVIEW BOARD
13-G: Appointment to one special vacancy on the Architectural Review
Board for a partial term ending June 30,2002.
On order of the Mayor, the floor was opened for nominations.
Councilmember Genser nominated Rodolfo Alvarez. Councilmember Holbrook
nominated Blythe Alison-Mayne. Rodolfo Alvarez was appointed to the
Architectural Review Board for a partial term ending June 30, 2002, by the
following vote:
Alvarez: Councilmembers O'Connor, Bloom, Genser, Mayor Pro Tern
McKeown
Alison-Mayne: Councilmember Holbrook, Mayor Feinstein
Absent: Councilmember Katz
Mayor Feinstein requested his vote be changed to Alvarez to express support
for both candidates.
PUBLIC INPUT
14.
PUBLIC INPUT:
Members ofthe public Justice Delayed is Justice Denied (Pro Se), Brian Quincy
Hutchings, and Clifford Stem expressed various concerns.
10
December 18,2001
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 10: 15 p.rn.
to January 8, 2002, in memory of Ron Shatola.
A1JES~: I
. /, I
. .'-' h
.~Xlty":j cl'N {IU~5}
Beth Sanchez
Assistant City Clerk
11
December 18,2001