M-4/23/2002
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 23, 2002
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at
5:50 p.m., on Tuesday, April 23, 2002, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Michael Feinstein
Mayor Pro Tern Kevin McKeown
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:15 p.m.)
Councilmember Herb Katz
Councilmember Richard Bloom
Councilmember Pam O'Connor
Also Present:
Assist. City Manager Gordon R. Anderson
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
Records Management Coordinator Melodi A. Pearson
CONVENE/PLEDGE
On order ofthe Mayor, the City Council convened at 5:50 p.rn. with
Councilmember Holbrook 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.
Members ofthe public Pro Se, Tom Carter, Joey Fullmer and Chuck
Allord addressed various items on the Consent Calendar.
At the request ofCouncilmember Genser, Items l-E and I-J were
removed from the Consent Calendar.
Motion by Councilmember O'Connor. seconded by Councilmember
Katz, to approve the Consent Calendar, except Items l-E and I-J,
reading resolutions by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES
Councilmembers Katz, Genser, Bloom, O'Connor,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
APPROVAL OF
MINUTES
GETTY FOUNDATION
2002-2008 IDAHO
AVENUE
FIREWORKS DISPLAY
LIQUID NATURAL GAS
FUELING FACILITY
IRRIGATION SYSTEM
REPLACEMENT
WINDOWS
I-A: Minutes of March 26, 2002, City Council meeting were
approved.
I-B: Acceptance of funds from Getty Foundation for the City
Hall Renovation Project - recommendation to authorize the City
Manager to negotiate and execute agreements to accept $70,000 in
planning grant funds from the Getty Foundation's "Preserve L.A."
program for historical survey work associated with the City Hall
renovation project, was approved.
l-C: Resolution No. 9757 (CCS) entitled "A RESOLUTION OF
THE CITY OF SANTA MONICA APPROVING FINAL PARCEL
MAP NO. 21957" - recommendation to adopt a resolution to
subdivide the property located at 2002-2008 Idaho Avenue for a 4-
unit condominium project, was adopted.
I-D: Approval of "Celebrate America" Concert Program
fireworks display on June 29, 2002 - recommendation to approve
request from Santa Monica College to include fireworks in their 20th
Annual "Celebrate America" Concert Program on June 29, 2002, was
approved.
I-F: Contract amendment for design services for the Big Blue
Bus Liquid Natural Gas Fueling Facility - recommendation to
authorize the City Manager to negotiate and execute an amendment
to Contract No. 7287 (CCS) with USA-PRO, in the amount of
$60,000, for design services related to the LNG fueling facility, was
approved.
I-G: Contract for installation of new landscape irrigation
system for Olympic Boulevard medians - recommendation to
authorize the City Manager to negotiate and execute Contract No.
8096 (CCS) with Cascade Sprinklers, Inc., in the amount of
$359,000, for the installation of new landscape irrigation system for
the Olympic Boulevard medians, was approved.
I-H: Contract for replacement of windows at City Hall-
recommendation to authorize the City Manager to negotiate and
execute Contract No. 8097 (CCS) with Matrix Industries, Inc., in the
amount of$186,000, for the City Hall Window Replacement project,
was approved.
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April 23, 2002
CLASSIFICATIONS AND
SALARY RATES
LEGAL SERVICES
BUS STOP BENCHES
CABLE FRANCHISE
1-1: Resolution No. 9758 (CCS) entitled: "A RESOLUTION
ESTABLISHING NEW CLASSIFICATIONS AND SALARY
RATES FOR POSITIONS IN THE AQUATICS PROGRAM, was
adopted.
l-K: Contracts for outside legal services related to construction
projects - recommendation to authorize the City Manager to
negotiate and execute Contract No. 8099 (CCS) with Steven
Densmore, in the amount of$75,000, for legal services rendered, and
Contract No. 8100 (CCS) with Cox Castle & Nicholson LLP, in the
amount of$75,000, to provide legal services related to the
preparation of construction documents and construction litigation,
was approved.
l-E: Purchase of 250 bus stop benches recommendation to award
purchase order to Landscape Forms, Inc., in the amount of
$355,272.56, for 250 bus stop benches for Transit Services Division,
Big Blue Bus Department, was presented.
Councilmember Genser advised that he pulled this item to assure the
staff report conforms to the language and directions Council gave
when the Transit Mall was adopted.
Motion by Councilmember Genser. seconded by Mayor Feinsteill, to
continue this item to a future meeting. The motion was unanimously
approved by voice vote, with Councilmember Holbrook absent.
I-J: Contract for cable franchise related services -
recommendation to authorize the City Manager to negotiate and
execute Contract No. 8098 (CCS) with Arnold & Porter, in the
amount of$126,000, for cable franchise and related legal, fmancial,
and technical services, was presented.
Councilmember Genser advised the he pulled this item in response to
public comment, to clarify that the contract is for a professional
advisor that will help the City deal with all cable companies issues.
Motion by Councilmember Genser. seconded by Councilrnember
O'Connor, to approve staff recommendations. The motion was
approved by the following vote:
AYES:
Councilrnembers O'Connor, Bloom, Genser, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein.
None
Councilmember Holbrook
NOES:
ABSENT:
3
April 23, 2002
CLOSED SESSIONS:
On order ofthe Mayor, the City Council recessed at 6: 10 p.m., to
considered closed sessions, and returned at 6:52 p.rn., with
Councilmember Holbrook absent, to report the following:
2-A: Conference with Legal Counsel- Existing Litigation:
Alice Fellowsv. City of Santa Monica, Case No. SC 063167.
Motion by Councihnember O'Connor. seconded by
Councilmember Bloom, to approve settlement in the amount of
$21,500.00. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Bloom, Genser, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein.
None
Councilmember Holbrook
NOES:
ABSENT:
2-B: Conference with Legal Counsel - Existing Litigation:
Elisa DeLeon v. City of Santa Monica, Case No. SC 062 424.
Motion by Councihnember Katz. seconded by Councihnember
O'Connor, to approve settlement in the amount of $17,500.00. The
motion was approved by the following vote:
AYES:
Councihnembers Katz, Genser, Bloom, O'Connor,
Mayor Pro Tern McKeown, Mayor Feinstein.
None
Councilmember Holbrook
NOES:
ABSENT
2-C: Conference with Legal Counsel - Existing Litigation:
Action Apartment Association v. City of Santa Monica, Case
No. BC 271 062.
ACTION: Not heard.
2-D: Conference with Legal Counsel - Existing Litigation:
City of Santa Monica v. Shell Oil Company, Case No.
01CC04331.
ACTION:
Not heard.
2-E: Conference with Legal Counsel - Existing Litigation:
Andy and Rachel Goldbel"2 v. Plannin!! Commission. et al.,
Case No. SS 020548.
ACTION:
Not heard.
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April 23, 2002
DMIN. PROCEEDINGS:
APPEAL - 2553 3RD
Counci/member Holbrook
arrived at 7: 15 p. m.
STAFF ADMIN. ITEMS:
CIVIC CENTER LAND
USE PLAN
RECESS
2-F: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Three.
ACTION
One case heard. No reportable action taken.
6-A: Appeal of Landmarks Commission's denial of a
Certificate of Appropriateness for construction of semi-
subterranean garage for project located at 2553 3rd Street -
recommendation that City Council uphold the decision of the
Landmarks Commission to deny a Certificate of Appropriateness
to allow for construction of a semi-subterranean garage with
balcony and entry stairs at the front of the property, located at 2553
3rd Street, under the existing first floor of a residence that is a
contributor to the Third Street Neighborhood Historic District.
Applicant/Appellant: Shirley Bly.
On order of the Mayor, this matter was continued to May 21,2002.
8-A: Civic Center Conceptual Land Use Plan - recommendation
that the City Council review staff analysis; approve in concept the
Civic Center Land Use Plan; authorize the Civic Center Working
Group and staff to begin preparation of the written Civic Center Plan
and related environmental review, and authorize the City Manager to
negotiate and execute a contract amendment with the ROMA Design
Group, in the amount of $250,000, for preparation of the
environmental impact report and completion of the written Specific
Plan, was presented.
Members of the public expressed concerns about various issues
regarding the proposal including, but not limited to, affordable
housing, sports fields, a dance studio, artist live/work space, bike
lanes, and curb design around the town square. Joey Fullmer, Donna
Block, John Petz, Sonya Sones, Maryanne LaGuardia, Jason Parry,
Elena Allen, Greg Spotts, Phyllis Green, Donna Sternberg, Zina
Josephs, Chuck Allord, Todd Darling, Neil Carrey, Joe Natoli,
Bruria Finkel, Patricia Hoffman, Dr. Robert Ettenger, Jonathan
Aurthur, John Deasy, Josh Needle, Gary Gordon, Barbara Filet,
Mario Fonda Bonavdi, Paul DeSantis, James Mount, Kent
Strumpell, Steve Mount, Jerry Rubin, Jack Epps, Harry Roussos,
Tom Larmore, Louise Jaffe, Graham Wong, Jan Williams, Pablo
DeLaRosa, Chris Corliss, John Baron, Rebic Waher, Jean Gebman,
Todd Hess, Judy Abdo, Frank GatelL and Rick Gates.
On order of the Mayor, the City Council recessed at 9:20 p.m., and
reconvened at 9:50 p.m., with all members present.
5
April 23, 2002
Councilmember Holbrook was
excused at 1: 05 a. m.
Discussion ensued regarding the gateway at Fourth Street and Pico,
keeping the Ciyic Auditorium, sports fields, usage of the Ciyic
Center, the childcare center, coordinating all modes of travel
movement between Main Street and downtown, bike routes,
Olympia Drive, parking, affordable housing, artist work/live space,
and on the comments made by the public.
Motion by Councilmember Genser. seconded by Councilmember
Bloom, to approve staff recommendation, and amending the
Conceptual Land Use Plan as follows: a) have gateway at 4th and
Pico; b) keep the Civic Auditorium Building; c) approve a sports
field, with the exact location to be determined; d) usage of the Civic
Center to be mixed including cultural, community and educational
uses; e) there is to be flexibility regarding the location of the
Childcare Center, depending on the location of the sports field; f)
work the best way possible to improve continuity of traffic
movement between Main Street-Ocean Park District and downtown,
making less change versus more on Main Street, while maximize
open space and balancing the need for pedestrian and bicycle with
auto traffic; g) to allow for bicycles routes in significant parts of the
area; h) make a bicycle path connection between the Civic Center
and the school district; i) to keep Olympic Drive open at Ocean
Avenue; j) that there will be restrictions on underground parking; k)
to maintain the footprint of affordable housing as is; I) relative to
housing, there is to be emphasis on disabled housing and artist
work/live space, and may include discussion with the Coastal
Commission; and to authorize the Civic Center Working Group and
the staff to begin preparation of the Civic Center Specific Plan and
related environmental review and to authorize the City Manager to
negotiate and execute a contract amendment with ROMA Design
Group, in the amount not to exceed $250,000 for preparation of the
enyironmental impact report and completion of the written Civic
Center Specific Plan. The motion was approved by the following
vote:
AYES:
Councilmembers O'Connor, Bloom, Genser, Mayor
Pro Tern McKeown
Councilmember Katz, Mayor Feinstein
Councilmember Holbrook
NOES:
ABSENT
6
April 23, 2002
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HOMEOWNERS
FREEDOM OF CHOICE
INITIATIVE
AFFORDABLE HOUSING
Councilmember Katz was
excused at 1:50 a.m.
PUBLIC INPUT:
ADJOURNMENT:
13-A: Request ofCouncilmember Katz to discuss the proposed
"Homeowners Freedom of Choice Initiative." This is an issue
that may save our city a lot of time and is in the best interests of
our community as a concept that protects our goal of historical
preservation and yet allows freedom of choice and includes
incentives for homeowners, was presented.
Members of the public Chuck Allord, Jerry Rubin, Tom Larmore,
and Bea Nemlaha expressed various concerns.
Motion by Councilmember Katz. to direct staff to study the issue to
see ifthere is another solution, procedure or a compromise to stop
the initiative and report back. The motion died for lack of a second.
On order of the Mayor, the information was received and filed.
13-B: Request of Councilmember Genser and Mayor Pro Tem
McKeown to direct that s~aff investigate methods to facilitate
production of affordable housing in commercial and multi-
family residential districts, and incorporate recommendations
into the upcoming revisions of multi-family district
development standards, was presented.
Members of the public Chuck Allord and Sean Dauka expressed
their concerns.
Motion by Mayor Pro Tern McKeown.. seconded by
Councilmember Genser, to approve staff request. The motion was
unanimously approved by voice vote, with Councilmembers
Holbrook and Katz absent.
Member of the public Joe Natoli discussed the Brown Act and the
Pier Restoration Corporation.
On order of the Mayor, the City Council meeting was adjourned at
2:05 a.m, to May 14, 2002.
ATTES'
APPROVED:
.~t(!f~~
e odi A. Pearson
Records Management Coordinator
7
April 23, 2002