M-2/12/2002
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 12, 2002
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at
5:49 p.m., on Tuesday, February 12,2002, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Michael Feinstein
Mayor Pro Tern Kevin McKeown
Councilmember Ken Genser (arrived at 6:10 p.m.)
Councilmember Robert T. Holbrook
Councilmember Herb Katz
Councilmember Richard Bloom
Councilmember 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 5:49 p.m., with
Councilmember Genser absent. Councilmember O'Connor 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.
Member of the public Joy Fullmer expressed various concerns. Members of
the public Bernard Kamine and Aaron Heirshberg spoke in opposition to
Item I-A.
At the request of Mayor Feinstein, Items I-A and l-C were removed from
the Consent Calendar, and asked that they be considered after the closed
sessions.
February 12, 2002
WATER MAIN
REPLACEMENT
MUNICIPAL POOL
JACK-IN-THE-BOX
CRESCENT BAY PARK
PERGOLA
PROPOSITION 40
Motion by Councilmember Katz. seconded by Councilmember Bloom, to
approve all items on the Consent Calendar as presented except for Items 1-
A and l-C, reading resolutions and ordinances by title only and waiving
further reading thereof The motion was approved by the following vote:
Councilmembers Katz, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmember Genser . i:;~
~,I
t!
1-B: Water main replacement project - recommendation to authoriz~
the City Manager to negotiate and execute an amendment to Contract No.
7965 (CCS) with Williams Supply Co., Inc., in the amount of$275,000, for
construction of a replacement water main along Ocean Avenue from
Colorado Boulevard to Pico Boulevard, an amendment to Contradt No.
7966 (CCS) with DMR Team, in the amount of $25,000, for construction
management services; and approval of a $300,000 appropriatio~ was
approved. J
.:(iif~
1-D: Municipal Pool Project - Recommendation to aui~91ize the City
Manager to execute a contract amendment to Contract No. .7978 (CCS)
with Swinerton Builders, in the amount of$842,585 for a total of
$7,692,585, for contingency purposes related to the Municipal Pool Project,
was approved. J
1-E: Certification of Statement of Official Action for Jack-in-the-Box
- recommendation to approve the Statement of Official Action taken
relating to the appeal of a conditional use permit for the restaurant located at
2423 Wilshire Boulevard, was approved.
1- F: Restoration of Crescent Bay Park Pergola - recommendation to
authorize the City Manager to negotiate and execute a modification to
Contract No. 8011 (CCS)with Dynamic General Contractors, in the amount
of$100,000, for seismic retrofit of the Crescent Bay Park Pergola, and
approve the proposed transfer offunds, was approved.
1-G: Resolution No. 974,3 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA DECLARING THE CITY'S SUPPORT FOR
THE PASSAGE OF PROPOSITION 40, THE CLEAN WATER, CLEAN
AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION
BOND ACT OF 2002," was adopted.
2
February 12, 2002
APPIAN WAY
RETAINING WALL
CLOSED SESSIONS:
Councilmember Genser
arrived at 6: lOp. m.
I-H: Appian Way Retaining Wall Project - recommendation to
authorize the City Manager to negotiate and execute an amendment to
Contract No. 7994 (CCS) with KEC Engineering, in the amount of
$248,500, for completion of the project, and approval of recommended
appropriation, was approved.
On order of the Mayor, the City Council recessed at 5:55 p.m., and
reconvened at 6:55 p.m., with all members present, to report the following:
2-A: Conference with Legal Counsel- Existing Litigation: Parvaneh
Rahnama v. City of Santa Monica, Case No. SC 062 679.
ACTION:
Not heard,
2-B: Conference with Legal Counsel- Existing Litigation: Southerll
California Water Company v. Citv 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 Company, Case No. 01CC04331.
ACTION
Not heard.
2-D: Conference with Legal Counsel- Existing Litigation: David
Levy et al.. v. Citv of Santa Monica, Case No. SC 063 147.
ACTION:
Not heard,
2-E: 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-F: Conference with Legal Counsel- Existing Litigation: Andy and
Rachel Goldbe'1! v. Santa Monica Pbmline:Commission. et aI., Case
No. SS 01Q.548.
ACTION
Heard.
3
February 12, 2002
RIVIERA RESERVOIR
(CONTINUED)
2-G: Conference with Legal Counsel- Existing Litigation: Pico
Neit:hborhood Assn v. City of Santa Monica, Case No. SC 063 874.
ACTION:
No reportable action taken.
Claim No. ASM 01-1520 against the City of Santa Monica.
Claimant: Raymond Hyrny.
ACTION:
Not heard.
Conference with Legal Counsel - Anticipated Litigation.
N umber of cases: Four.
ACTION:
Heard. No reportable action taken.
I-A: Riviera Reservoir Rehabilitation Project - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8068
(CCS) with Spiess Construction Company, in the amount of$877,750, for
the construction of the Riviera Reservoir Rehabilitation Project, and approve
appropriation of funds, as proposed, was presented.
The Mayor asked staff to reply to concerns expressed regarding this item
during public comment. Staff provided information on bids and on the data
gathered on previous projects completed by the bidders.
On order ofthe Mayor, this item was continued to later in the meeting to
allow staff time to provide additional details on the date gathered regarding
the quality of bidders' finished projects.
On order of the Mayor, at 9:06 p.m., the City Council returned to take
action on this item upon receipt of requested information from staff
Motion bv Councilmember Bloom. seconded bv Councilmember Genser, to
approve recommendation. The motion was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tem McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
4
February 12. 2002
INVESTMENT POLICY
(CONTINUED)
l-C: City Investment Policy - recommendation to approve revision to
City Investment Policy and continue delegation of investment authority to
City Revenue Manager/Treasurer, was presented.
Mayor Feinstein advised that he wanted to add to the motion to approve as
follows:
Motion by Mayor Feinstein. seconded by Councihnember Katz, to approve
recommendation, and to direct staff to evaluate ways to facilitate a portion
of the "Local Agency Investment Fund" to be directed to Santa Monica to
stimulate socially responsible projects. The motion was approved by the
following vote:
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tem McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
ADMIN. PROCEEDINGS: 6-A: Appeals to Planning Commission's denial of permits related to
APPEAL -MAIN STREET two mixed-use projects at 2012-2024 and 2021-2029 Main Street and
MIXED USED PROJECTS recommendation to certify the related final environmental impact
report - recommendation to adopt Resolution 9744 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING
FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE
TWO PROPOSED MIXED-USE PROJECTS;" deny the appeals and
uphold the Planning Commission's denial of Development Review and
Conditional Use Permits, and denial of Vesting Tentativ\ Parcel Map for
both projects; and deny Text Amendment 99-010 for the project located at
2012-2024 Main Street, was presented.
Christopher Harding representing applicant Howard Jacobs, as well as Mr.
Jacobs, spoke in support of the project.
The following members ofthe public spoke in support ofthe project: Joey
Fulhner, John Garronchea, Hall Parlar, Marion Fond Banandi, Scott Tapp,
Paul Pearson, Jerry Rubin, Gary Gordon, Jenna Caden, Ralph Mechur, Jeff
Seinstein, Mike Gruning, Suzanne Caplan.
Members of the public Kathleen Masser and Arthur Harris spoke in
opposition to the project.
Member ofthe public Rick Laudati addressed various issues relative to the
project.
5
February 12,2002
Applicant Jacobs and Mr. Harding provided a rebuttal to comments made
during the hearing.
On order ofthe Mayor, the public hearing was closed. Considerable
discussion ensued on the merits of the project and on the comments made by
members of the public.
Motion by Councilmember Katz. seconded by Councilmember Holbrook, to
adopt the resolution certifying the final environmental impact report, reading
by title only, and waiving further reading thereof. The motion was adopted
by the following vote:
AYES.
Councilmembers Holbrook, O'Connor, Katz,
Mayor Feinstein
Councilmembers Bloom, Genser, Mayor Pro Tern McKeown
None
NOES:
ABSENT:
Additional discussion ensued on the modifications made to the project after
the Planning Commission action, on possible additional modifications, on the
benefits of the project to the area, and on possible additional analyses
needed.
Applicant Howard Jacobs, stated for the record, that the application was
hereby being amended and entered into the record to reflect the proposals
submitted to staff and Council, including assistance for affordable housing to
offer two on-site affordable units, in addition to paying the full in-lieu fee
required.
Motion by Mayor Feinstein. seconded by Councilmember Katz, to direct
staff to prepare appropriate documentation, including findings, necessary to
approve the project.
Motion to amend by Councilmember Genser, to indicate as part of the
motion the City Council's intent to approve the project. The motion was
amended as friendly.
Motion to amend by Councilmember Genser, that the project be redesigned
to increase permeability to the facade on Main Street. The motion was not
friendly, and there was no second to the motion.
6
February 12,2002
ORDINANCES:
CANDIDATES FOR
ELECTED OFFICE
VIRGINIA AVENUE
PARK EXPANSION
The main motion, as amended, was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
7-A Second reading and adoption of Ordinance No. 2033 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ESTABLISHING REQUIREMENT FOR DISTRIBUTION OF
INFORMATION SHEET FOR CANDIDATES FOR ELECTED OFFICE,"
was presented.
Motion by Mayor Feinstein. seconded by Mayor Pro Tern McKeo~ to
adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the followin~vote:
AYES:
Councilmembers Katz, Genser, Bloom, O'Cc)lnlor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
7-B. Second reading and adoption of Ordinance No. 2034f(CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING THE OFFICIAL DISTRICT~G MAP,TOJ~EZONE 2101
PICO BOULEVARD FROM;,ijIQHW A Y, C6~RC);\L "DiS;rRICT,
LOW DENSITY MULTIPLE RESIDENtIAL D'IsrRtC'T,' AND LOW
DENSITY MULTIPLE RESIDENTIAL WITH AN OFF-STREET
PARKING OVERLAY DISTRICT, TO DESIGNATED PARKS
DISTRICT; TO REZONE 2115 PI CO BOULEVARD FROM HIGHWAY
COMMERCIAL DISTRICT TO DESIGNATED PARKS DISTRICT; TO
REZONE 2121 PICO BOULEVARD FROM HIGHWAY COMMERCIAL
DISTRICT TO DESIGNATED PaRKS; AND TO REZONE 2233 PICa
BOULEVARD FROM HIGHWAY COMMERCIAL DISTRICT TO
DESIGNATED PARKS DISTRICT," was presented.
Motion by Councilmember Genser.seconded by Councilmember O'Connor,
to adopt the ordinance, reading.by4itle only and waiving further reading
thereof. The motion was approved by the following vote:
7
February 12, 2002
MONTANA A VENUE
HAZARDOUS VISUAL
OBSTRUCTIONS
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
7-C: Introduction and adoption oflnterim Ordinance No. 2035
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
EXTENDING THE MODIFICATIONS TO DEVELOPMENT
STANDARDS, USES SUBJECT TO A PERFORMANCE STANDARDS
PERMIT AND A USE PERMIT, PROHIBITED USES AND THE
DEVELOPMENT REVIEW THRESHOLD WITHIN THE C2
NEIGHBORHOOD COMMERCIAL DISTRICT ALONG MONTANA
AVENUE AND MODIFYING THE PERMITTED USES ON MONTANA
AVENUE TO INCLUDE EXISTING CINEMAS AND THE MAXIMUM
FLOOR AREA RATIO FOR CINEMAS FOR AN ADDITIONAL 24
MONTHS; AND DECLARING THE PRESENCE OF AN
EMERGENCY," was presented.
There was no one present for public comment.
Motion by Mayor Pro Tern McKeown. seconded bv Councilmember Katz,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
7-D: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
MUNICIPAL CODE CHAPTER 9 REGARDING HAZARDOUS VISUAL
OBSTRUCTIONS ADJACENT TO VEHICLE AND PEDESTRIAN
RIGHT-OF- WAYS, FENCES AND WALLS IN THE HAZARDOUS
VISUAL OBSTRUCTION AREA," was presented.
Member of the public Brian Hutchings expressed various concerns.
Motion bv Councilmember Holbrook. seconded by Councilmember Katz, to
introduce and hold first reading of the ordinance, reading by title only and
waiving further reading thereof, and amended to reflect that the 2~ feet
from side yard should be to the garage door opening. The motion was
approved by the following vote:
8
February 12,2002
PARKING
REGULATIONS RE
ELECTRIC VEHICLES
SPECIAL JOINT
MEETING WITH THE
REDEVELOPMENT
AGENCY:
MINUTES
PALISADES BLUFFS
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
7-E: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION
3.12.835 TO THE MUNICIPAL CODE AND AMENDING SECTION
3.16.120 OF THE MUNICIPAL CODE TO ESTABLISH PARKING
REGULATIONS RELATING TO ELECTRIC VEHICLES," was
presented.
There was no one present for public comment.
Motion by Mayor Pro Tern McKeown. seconded bv Mayor Feinsteill, to
introduce and hold first reading of the ordinance, reading by title only and
waiving further reading thereof, and with direction to staff to assure clarity
on signs posted. The motion was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY:
On order of the Mayo~, thespecialmeeting;convenedatl€>:25p.nt,'with all
members presel1t.,; ,;; ,). ,( :.,
8-A: Approval 'of minutes May 23, 2000, June 13, 2000, June 20, 2000,
September 12,2000 and October 10,2000, Redevelopment Agency
meetings.
Motion by Mavor Feinstein. seconded by Councilm'ember Holbrook, to
approve the minutes as submitted. The minutes wer~'a}aprQV~".:},l.~oice
vote with Councilmember Katz abstaining, and all members present.'
8-B: Geotechnical Study of the Santa Monica Palisades Bluffs
Project - recommendation to authorize the City Manager and the Executive
Director, respectively, to negotiate and execute Contract No. 8069 (CCS)
(RAS) with URS Corporation, in the amount of $400,000, for a
geotechnical study of the Palisades Bluffs, was presented.
9
February 12, 2002
ADJOURNMENT OF
SPECIAL MEETING
WORKLOAD
PRIORITIES
PUBLIC HEARINGS:
EASEMENT VACATION
Member of the public Gene Gebman spoke in favor of the recommendation.
Motion by Councilmember Katz. seconded by Councilmember Bloom, to
approve staff recommendation, including accepting the comments of the
member of the public to think long-term. The motion was approved by the
following vote:
AYES
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT
On order of the Mayor, the special joint meeting was adjourned at 10:35
p.m., and the regular City Council meeting reconvened with all members
present.
8-C: Update to workload priorities for Planning and Community
Development Department in Fiscal Year 2001-2002.
On order ofthe Mayor, this matter was continued to a future meeting
9-A: Public hearing for vacation of easements for Main Library
Expansion Project - recommendation to adopt Resolution No. 9745 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
ORDERING THE VACATION OF EXCESS PUBLIC STREET RIGHT-
OF- WAY AND PUBLIC SERVICE UTILITY EASEMENTS LOCATED
IN A PORTION OF SIXTH COURT ALLEY," was presented.
Motion by Councihnember Genser. seconded by Councilmember O'Connor,
to adopt resolution, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSEN
10
February 2,2002
BBB - SERVICE
IMPROVEMENT AND
SHORT RANGE
TRANSIT PLANS
WRITTEN
COMMUNICATIONS:
DELAWARE & 18TH
COUNCIL ITEMS:
BLDG. & SAFETY
OLDER AMERICANS
9-B: Public hearing to consider the Santa Monica's Big Blue Bus
Service Improvement Program and Short Range Transit Plan -
recommendation to hold a public hearing, consider public input and adopt
the FY 2002-2004 Service Improvement Program, authorize the City
Manager to file the Short Range Transit Plan, and authorize the City
Manager to file applications and execute related grant documents for
federal, state and local funds, was presented.
Member ofthe public Jerry Rubin spoke in favor of the recommendation.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tern
McKeo~ to approve staff recommendation. The motion was approved by
the following vote:
AYES
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
l2-A: Request of Brent Bambic to address Council requesting the
installation of speed bumps on Delaware, and/or a 4-way stop sign at
18th and Delaware, and a speed limit sign at Delaware, was presented.
Motion by Mayor Feinstein. seconded by Mayor Pro Tern McKeo~ to
direct staff to provide relevant information report. The motion was
unanimously approved by voice vote, with all members present.
13-A: Appointment to two annual vacancies on the Building & Safety
Commission for terms ending June 30, 2005.
At the request of Councilmember Katz, and with consensus of Council, the
City Clerk was directed to republish and return to agenda on March 26,
2002.
13-B: Appointment to one special vacancy on the Commission on
Older Americans for a partial term ending June 30, 2003.
On order ofthe Mayor, this matter was continued to March 26,2002,
RECREATION & PARKS l3-C: Appointment to one special vacancy on the Recreation and
Parks Commission for a term ending June 30,2004.
On order of the Mayor, the floor was opened for nominations.
February 12, 2002
Councilmember Bloom nominated Doris Sosin. Councilmember Katz
nominated Barbara Walter. Ms. Sosin was appointed by the following vote:
Doris Sosin:
Councilmembers Holbrook, O'Connor, Bloom,
Genser, Katz, Mayor Pro Tern O'Connor,
Mayor Feinstein
Neue _
Barbara Walter:
PIER RESTORATION
CORPORATION
13-D: Appointment to one annual vacancy on the Pier Restoration
Corporation for a term ending November 8,2005.
On order of the Mayor, the floor was opened for nominations.
Councilmernber Genser nominated Kent Smith. Councilmember Katz
nominated Linda Waade. Ms. Waade was appointed by the following vote:
Kent Smith:
Linda Waade:
Councilmernbers Genser, Bloom, O'Connor
Councilmernbers Katz, Holbrook, Mayor Pro Tern
McKeown, Mayor Feinstein
Councilmember O'Connor requested her vote be changed in support of Ms.
Waade, for a final vote as follows:
Kent Smith:
Linda Waade:
Councilmembers Genser, Bloom,
Councilmembers Katz, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Feinstein
RESIGNATION LETTER 13-E: Acceptance of Ed Muzika's letter of resignation from the
Commission on Older Americans, and authorization for the City Clerk
to publish the vacancy, was presented.
Motion bv Councilmember Bloom. seconded bv Mavor Feinstein, to accept
the letter with regrets and authorize the City Clerk to publish the vacancy.
The motion was unanimously approved by voice vote, with all members
present.
PUBLIC INPUT:
Members of the public Brian Hutchings, Pro Se, and Art Casillas expressed
various concerns.
12
February 12, 2002
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 11 :23
p.m. to February 26,2002, at 5:30 p.m. in memory of Mary Nelson.
t:~.~.~;;~~:~
Maria M. Stewart \ Michael Feinstefu
City Clerk Mayor
13
February 12, 2002