M-3/5/2002
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 5, 2002
An adjourned regular meeting of the Santa Monica City Council was called to order by Mayor
Feinstein at 5:41 p.m., on Tuesday, March 5,2002, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Absent:
Mayor Michael Feinstein
Mayor Pro Tern Kevin McKeown
Councilmember Richard Bloom
Councilmember Ken Genser (arrived at 5:50 p.m.)
Councilmember Robert T. Holbrook (arrived at 7:15 p.m.
Councilmember Pam O'Connor
Councilmember Herb Katz
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 5:41 p.m., with
Councilmembers Holbrook, Katz, and Genser absent. Mayor Pro Tern
McKeown 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.
CHANGE ORDER OF
AGENDA:
PUBLIC COMMENT
Councilmember 0 'Connor
was excused at 5:48 p.m.
Member of the public Joy Fullmer voiced various concerns.
On order of the Mayor, in order to honor a request to speak early due to
medical reasons, the order ofthe agenda was changed to listen to Item 14,
Public Comment.
Member of the public Pro Se began to discuss a newspaper article on the
subject of a political party. Mayor Feinstein advised that the matter was not
within the City's jurisdiction and asked that he address his remarks to a
jurisdictional issue.
The Mayor noted that with Councilmember O'Connor leaving the dais,
Council had lost the quorum at 5:48 p.m., and temporarily adjourned.
March 5,2002
RECESS/CLOSED
SESSION
Councilmember Genser
arrived at 5:50 p.m.
MINUTES
PUBLIC SAFETY
FACILITY
1719 OCEAN FRONT
WALK
SPACE & RECREATION
PROGRAM
On order of the Mayor, the Council recessed at 5:50 p.m., to hear closed
sessions, and reconvened at 5:53, p.m., with Councilmembers Katz and
Holbrook absent, to continue with the Consent Calendar.
Motion by Councilmember O'Connor. seconded by Mayor Pro Tern
McKeown, 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, Bloom, O'Connor,
Mayor Pro Tern McKeown, Mayor Feinstein
None
CouncilmembersKatz,Holbrook
NOES:
ABSENT:
I-A: The minutes ofthe February 12,2002, City Council meeting were
approved, as submitted.
I-B: Geotechnical Inspection Services for the Public Safety Facility
Project - recommendation to authorize the City Manager to negotiate and
execute an amendment to Contract No. 7648 (CCS) with Law Engineering
and Environmental Services, Inc., in the amount of$45,71O, for additional
geotechnical and inspection services for the Public Safety Facility project,
was approved.
l-C: Resolution and subdivision agreement for Final Tract Map for
1719 Ocean Front Walk - recommendation to authorize the City Manager
to negotiate and execute Subdivision Improvement Agreement No. 8078
(CCS), and adopt Resolution No. 9748 (CCS) entitled: "A RESOLUTION
OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP
NO. 52838 FORA 5-UNIT CONDOMINIUM PROJECT AT 1719
OCEAN FRONT WALK," was approved.
I-D: Resolution for Urban Open Space and Recreation Program
block grant funds - recommendation to adopt Resolution No. 9749 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
APPROVING APPLICATION FOR GRANT FUNDS FOR THE
ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND
RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD
PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION
ACT OF 2000, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY RELATED DOCUMENTS," was approved.
END OF CONSENT CALENDAR
2
March 5, 2002
CLOSED SESSIONS:
The City Attorney reported the following action taken on closed sessions:
2-A: Conference with Legal Counsel- Existing Litigation: Southern
California Water Company v. City of Santa Monica, Case No. SC 064
682.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Company, Case No. 01CC04331.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation: David
Levy et al.. v. City of Santa Monica, Case No. SC 063 147.
ACTION:
Not heard.
2-D: Conference with Legal Counsel- Existing Litigation: 2000
Main Street v. City of Santa Monica, Case No. SS 067 899.
ACTION:
Not heard.
2-E: Conference with Legal Counsel- Existing Litigation: Pico
Neighborhood Association v. City of Santa Monica, Case No. SC 063
874.
ACTION: Not heard.
2-F: Conference with Legal Counsel- Existing Litigation: Andy and
Rachel Goldberg v. Planning commission of the City of Santa Monica.
et aI., Case No. SS 020 548.
ACTION:
Not heard.
2-G: Conference with Legal Counsel- Existing Litigation: Marsha
Revel v. City of Santa Monica, Case No. SC 061334.
Motion by Councilmember O'Connor. seconded by Mavor Pro Tern
McKeo~ to approve settlement in the amount of$25,000. The motion
was approved by the following vote:
3
March 5, 2002
AYES:
Councilmembers Genser, Bloom, O'Connor,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmembers Katz, Holbrook
NOES:
ABSENT:
2-H: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Three.
ACTION:
Heard. No reportable action taken.
ORDINANCES:
DEVELOPMENT
STANDARDS
7-A: Introduction and first reading of an interim ordinance
amending the Municipal Code extending the modifications to
development standards and building height projections for projects
developed within the R2 low density multiple family residential, R3
medium density multiple family residential and R4 high density
multiple family residential districts and to the requirements for
demolition permits, was presented.
Members of the public Joey Fullmer and Jay Johnson expressed their views
on the proposed ordinance.
Motion bv Mayor Pro Tern McKeown. seconded bv Councilmember Genser,
to direct staff to return to Council with the matter of rear yard set backs as
separate item.
Discussion ensued on the timeline for the above direction. After discussion,
Mayor Pro Tern McKeown withdrew his motion in order to make the
following motion:
Motion by Mayor Pro Tern McKeown, seconded by Councilmember Genser,
to continue this matter to March 26th, with direction to staff to amend the
language to address rear yard setbacks. The motion was unanimously
approved by voice vote, with Councilmembers Katz and Holbrook absent.
PEDESTRIAN-
ORIENTED
USES
7-B: Second reading and adoption of Ordinance No. 2038 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA TO
AMEND CHAPTER 9 OF THE MUNICIPAL CODE RELATING TO
LOCATION OF PEDESTRIAN ORIENTED USES ON THE GROUND
FL.OOR IN THE CM3 ZONING DISTRICT," was presented.
Motion by Councilmember O'Connor, seconded by Mayor Feinsteill, to
adopt ordinance, reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
4
March 5,2002
PROFESSIONAL
SERVICES CONTRACTS
MONTANA AVENUE
DEVELOPMENT
STANDARDS
AYES:
Councilmembers O'Connor, Bloom, Genser,
Mayor Pro Tern McKeown, Mayor Feinstein
None
CouncilmembersKatz,Holbrook
NOES:
ABSENT:
7-C: Second reading and adoption of Ordinance No. 2039 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 2 OF THE MUNICIPAL CODE TO
AUTHORIZE THE CITY MANAGER TO ENTER INTO
PROFESSIONAL SERVICES CONTRACTS INVOLVING THE
PREPARATION OF ENVIRONMENTAL DOCUMENTS WITHOUT
REQUIRING PRIOR CITY COUNCIL APPROVAL," was presented.
Motion by Councilmember O'Connor. seconded by Councilmember Bloom,
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, O'Connor,
Mayor Pro Tern McKeown, Mayor Feinstein
None
CouncilmembersKatz,Holbrook
NOES:
ABSENT:
7-D: Second reading and adoption of interim Ordinance No. 2040
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
EXTENDING MODIFICATIONS TO DEVELOPMENT STANDARDS,
USES SUBJECT TO A PERFORMANCE STANDARDS PERMIT, USES
SUBJECT TO 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 EXISTING CINEMAS," was presented.
Motion by Mayor Pro Tern McKeown.. seconded by Councilmember Bloom,
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, Bloom, Genser
Mayor Pro Tern McKeown, Mayor Feinstein
None
CouncilmembersKatz,Holbrook
NOES:
ABSENT:
5
March 5, 2002
LEASE AGREEMENTS
Councilmember Holbrook
arrived at 7: 15 p. m.
7-E: Second reading and adoption of Ordinance No 2041 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
APPROVING CERTAIN LEASE AGREEMENTS BETWEEN THE CIT'
AND THE REDEVELOPMENT AGENCY," was presented.
Motion by Councilmember O'Connor. 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 following vote:
AYES:
Councilmembers Genser, Bloom, O'Connor,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Holbrook
Councilmember Katz
NOES:
ABSTAIN
ABSENT:
STAFF ADMIN. ITEMS: JOINT MEETING WITH THE REDEVELOPMENT AGENCY:
SEISMIC QETROFIT OF
PARKING STRUCTURES On order of the Mayor, the regular City Council recessed at 7:16 p.m., to
reconvene to the special joint meeting with the Redevelopment Agency, with
Councilmember Katz absent.
8-A: Seismic Retrofit of Parking Structures and resolutions finding
that the project is of benefit to Earthquake Recovery Redevelopment
Project - recommendation that the City Council and the Redevelopment
Agency authorize the City Manager and the Executive Director respectively,
to negotiate and execute Agreement No. 8078 (CCSIRAS) for payment of
costs related to the seismic retrofit of parking structures, and adopt
Resolution No. 9750 (CCS) and Resolution No. 472 (RAS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA FINDING THAT
THE ACTION IS OF BENEFIT TO THE EARTHQUAKE RECOVERY
REDEVELOPMENT PROJECT," and to authorize the City Manager to
negotiate and execute construction Contract No. 8079 (CCS) with Sea-Pac
Engineering, in the amount of$3,903,230, an amendment to Contract 7861
(CCS) with Black & Veatch, in the amount of$97,386, for engineering
support services; and Contract No. 8080 (CCS) with Black & Veatch, in the
amount of$418,128, for construction management services, and Contract
8081 (CCS) with Harris & Co., in the amount of$36,000, for public
outreach services, was presented.
Member of the public Joey Fullmer expressed her opinion.
Motion by Councilmember Holbrook. seconded by Councilmember
O'Connor, to authorize the City Manager to execute an agreement with the
6
March 5, 2002
ADJOURNMENT OF
SPECIAL MEETING
RESOLUTIONS:
PREFERENTIAL
PARKING ZONE MM
Redevelopment Agency and to adopt the resolution, reading by title only
and waiving further reading thereof. The motion was approved by the
following vote:
AYES:
Councilmembers Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
Motion by Councilmember Holbrook. seconded bv Councilmember
O'Connor, to authorize the City Manager to negotiate and execute the
various contracts. The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
On order ofthe Mayor, the City Council adjourned the special joint meeting
and reconvened the regular City Council meeting, with Councilmember Katz
absent, at 7:22 p.rn.
II-A: Preferential Parking Zone MM including 9th Street between Pico
Boulevard and the Santa Monica Freeway, Michigan Avenue, Bay,
Grant, and Pacific Streets between Lincoln Boulevard and loth Street -
recommendation to adopt Resolution No. 9751 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA CREATING
PARKING ZONE MM AND AMENDING RESOLUTION 9344 (CCS)
BY REPLACING EXHIBIT A," and approval of proposed revenue budget
adjustment, was presented.
The following members of the public spoke in support of the
recommendation: Paul Bailey, Lew Siwinski, Mark Segal, Frances DeLa
Huerta, Heather Olivier, Christine Krainer, Kathryn Morea, Todd Lancaster,
Marlo Lacenere, Cesar Morea, Katherine Caulfield, Jay Olivier, and M.
Henderson.
The following members of the public spoke in support of parking spaces in
the area for Santa Monica High School students and expressed various
concerns regarding the recommendation: Justin Brownstone, Sam Epstein,
and Christine Yee.
7
March 5,2002
Motion by Councilmember O'Connor. seconded by Councilmember
Holbrook, to approve staff recommendation and adopt resolution, reading
by title only and waiving further reading thereof.
Substitute motion bv Councilmember Genser, to approve staff
recommendation and amend to include both sides of 9th Street for
preferential parking. The motion died for lack of a second.
Motion to amend bv Councilmember Bloom, to direct staff to communicate
with the Board of the School District and the Superintendent regarding the
need for students to maintain proper decorum when they park in the City's
neighborhoods. The motion was accepted as friendly.
The main motion was approved by the following vote:
AYES:
Councilmembers Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
Councilmember Genser
Councilmember Katz
NOES:
ABSENT:
It was the consensus of Council to direct staff to provide an information
report on student pick-up from school sites and ridership.
COUNCIL ITEMS: 13-A: Request of Mayor Pro Tern McKeown, as liaison to the Housinf
TORCA TAX REVENUES Commission, to direct staff to return to Council with charter
amendment ballot initiative language implementing the Commission's
recommendation for greater flexibility in the use of uncommitted and
unspent TORCA tax revenues, was presented.
There was no one present for public comment.
Motion by Mayor Pro Tern McKeown. seconded by Mayor Feinstein, to
approve request. The motion was unanimously approved by voice vote,
with Councilmember Katz absent.
PUBLIC INPUT:
Public comment was heard earlier in the meeting. There was no one else
present for public comment.
8
March 5, 2002
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 9:00
p.m., in memory of Angelina E. Marquez Olivera and Sue Lemmon Tapia,
to the Annual Board and Commission Dinner on March 19, 2002, at 6:30
p.rn, at the East Wing of the Santa Monica Civic Auditorium.
~~~
. lo.~~
Marla . ewart "
City Clerk
APPR~OD" I(
'/-?P/' ~'(~/; /.
./" /Z.'t;L <~'.
Michael e ein
Mayor
9
March 5. 2002