M-11/26/2002
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 26, 2002
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tern
McKeown at 6:00 p.m., on Tuesday, November 26,2002, at City Council Chambers, 1685 Main
Street.
Roll Call:
Present:
Mayor Michael Feinstein (arrived at 6:07 p.m.)
Mayor Pro Tem Kevin McKeown
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:08 p.rn.:
Councilmember Herb Katz
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 Pro Tern, the City Council convened at 6:00 n.m.,
with Councilmember Holbrook and Mayor Feinstein absent. i
I
Councilmember Bloom led the assemblage in the Pledge of Allegianc~.
CONSENT CALENDAR: All items were considered and approved in one motion unless remove~ by a
Councilmember for discussion. 1
Members of the public Pro Se and Joey Fullmer addressed concerns
regarding various Consent Calendar Items.
At the request ofCouncilmember Katz, Item l-E was removed from ~e
Consent Calendar. 01
Motion b Councilmember O'Connor seconded b Councilmember tz, to
approve all items on the Consent Calendar as presented, reading r~sol tions
and ordinances by title only and waiving further reading thereof. The
motion was approved by the following vote:
MINUTES
WOODLAWN
CEMETERY
SEWER PROJECT n
WEB DESIGN
URBAN RUN-OFF
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor, t.....a..yor
Pro Tern McKeown
No~ ..
.~~
Councilmember Holbrook, Mayor Feinstein":
NOES:
ABSENT:
I-A: The minutes ofSePtembe.r. 24, and October 8, 2002, City ctuncil
meetings, were approved as submitted.
I-B: Award of Construction Contract for Woodlawn cemetef
Mausoleum Expansion Project - recommendation to award Contr c. t No.
8162 (CCS) to Maher Dev. Inc., in the amount of$557,000, for Wo dlawn
Cemetery Mausoleum Expansion Project, was approved.
l-C: Approve modification to Agreement for Sewer Project 11
recommendation to approve a modification to Agreement No. 8014 CCS)
with Tetra Tech, Inc., in the amount of$91,080, for construction
management and inspection services on Sewer Project 11 - repair 0
earthquake-damaged sewer mains in the area bounded by the easterl City
limits and Appian Way, between Colorado Avenue and Pico Boulev d, was
approved.
I-D: Contract For Web Design - recommendation to authorize fe City
Manager to negotiate and execute Contract No. 8163 (CCS) with V'sion
Internet Providers, Inc., in the amount of$90,500, for technical serv ces for
the design and enhancement of the City's web site, was approved.
l-E: Award of Contract for Urban Runoff Management Plan
recommendation to authorize the City Manager to negotiate and exe ute
professional services Contract No. 8164 (CCS)with Brown and Cald ell, in
the amount of$175,000, to develop a comprehensive Urban Runoff
Management Plan.
Councilmember Katz advised he removed this item from the consen4
Calendar to ask questions regarding the proposed contingency amo 1.
Staff responded to questions from Councilmembers.
Motion b Councilmember Katz seconded b Councilmember Bloo
approve recommendation, amended to reduce the contingency amo
15% to 10%, to the amount of$17,500. The motion was approved
following vote:
2
November 26, 20~2
STAFF ADMIN. ITEMS:
160114TH STREET
Mayor Feinstein arrived
at 6:07 p.m.
CLOSED SESSIONS:
Counci/member Holbrook
arrived at 7:08 p.m.
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor,
Mayor Pro Tern McKeown
None
Councilmember Holbrook, Mayor Feinstein
NOES:
ABSENT
Discussion ensued regarding continuing this matter to a future meeti4g.
Staff replied to questions of Councilmembers. I
8-A: Staff request for Council direction on the proposal from "BK
Southern California Ltd. to jointly develop a commercial and I
recreational use at 1601 14th Street and for Council authorizati~n to
explore and negotiate a possible City purchase of that property if it
becomes available upon expiration of the current option or otherrwise.
Motion by Councilmember Genser. seconded by Mayor Feinstein, to
continue this matter to a date to be determined. The motion was
unanimously approved by voice vote, with Councilmember Holbrook absent.
On order of the Mayor, the City Council recessed at 6:10 p.rn., and rf.turned
at 7:16 p.rn., to report the following action: I
2-A: Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Director, Human
Resources
Bargaining Units: PAU, STA
ACTION:
Heard. See Action taken on Items 11- A and 11- B.
2-B: Conference with Legal Counsel- Existing Litigation: ~
Monica Housing Council. et al. V. City. et al.~ Case No. SC 074 6$3.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation:
Heard Communications. Inc., Case No. 02-32088 (DHS).
mr
ACTION
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: ~
Communications. Inc. v. City of Santa Monica, Case No. 02-354i
(DHS).
3
November 26, 20<1>2
CONTINUED ITEMS:
SOLID WASTE
TRANSFER STATION
TRASH LOADER
Motion b Councilmem er O'Connor seconded b Councilmembe Bloom,
to accept the settlement for the City to receive the amount of $650, 00 from
Heard Communications, and maintain the ability to re-rent the Big . lue Bus
advertising spaces. The motion was approved by the following vott:
AYES
Councilmember Katz, Genser, Bloom, O'Connor, Hplbrook,
Mayor Pro Tem McKeown, Mayor Feinstein
None
None
NOES:
ABSEN
Conference with Legal Counsel- Anticipated Litigationt
Number of cases: Three. I
ACTION
One case heard. No reportable action taken.
5-A: Design of new City Solid Waste transfer station facility -:-
recommendation to direct staff to proceed with the design of a new ~olid
waste transfer station facility, was presented. I
The following members of the public spoke in opposition to the I
recommendation: Pro Se, Paul Ryan, Mike Matosian, and Kelly O~n.
The following members of the public spoke in support of the I
recommendation: David Shirey, Michael Wilson, Laura Cronin, Do~
Belanger, Gabe AdnofI, Ramona Gandara, Eddie Greenberg, Alfred<l> de
Cordova, and Jerry Rubin. I
Motion by Councilmember Bloom. seconded by Councilmember Ka~z, to
approve a limited schematic design and direct staff to attempt to get fl11
extension from the State for the City's permit. The motion was appnoved by
the following vote: I
NOES:
ABSEN
Councilmembers Katz, Genser, Bloom, O'Connor, Hrlbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
On order ofthe Mayor, action on Items 5-B and 5-C to be taken
simultaneously.
5-B: Purchase of one trash loader - recommendation to award Bid No.
2842, in the amount of$199,953.99, to Coastline Equipment to :funUsh and
4
November 26, 2002
deliver one loader for the Environmental & Public Works Managem1nt
Department, was presented.
REFUSE HAULER
TRUCK TRACTOR
5-C: Purchase of one refuse-hauler truck tractor - recommendltion to
award Bid No. 2849, in the amount of$145,572.44, to Boerner Tru k
Center, to furnish and deliver one truck tractor for the Environmenta &
Public Works Management Department, was presented.
Motion b Councilmember Katz seconded b Councilmember O'Co or, to
approve recommendation for both items. The motion was approved y the
following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Gens.1..r, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein .. .
None ..
None
NOES:
ABSENT:
CITY YARDS
EXPANSION
5-D: City Yards Expansion Project - recommendation to authortze the
City Manager to negotiate and execute a contract with RNL Design, r. the
amount of$5,915,000, for architectural and engineering services for he
Corporation Yards Expansion Project.
Discussion ensued on this matter relative to the action taken on Item b-A.
Motion b Councilmember Bloo seconded b Councilmember Kat , to
continue this matter to a date to be determined. The motion was
unanimously approved by voice vote, with all members present.
ADMIN. PROCEEDINGS: 6-A: Appeal of Planning Commission denial for project at 251~ 28th
2512 28TH STREET Street - recommendation to adopt Resolution No. 9813 (CCS) entitl' d: "A
RESOLUTION OF THE CITY OF SANTA MONICA APPROVIN THE
FINAL NEGATIVE DECLARATION FOR THE PROJECT LOCA ED
AT 2512 28TH STREET," and uphold the appeal and approve the De ign
Compatibility Permit, Development Review Permit, and Tentative Tr ct
Map, based upon the findings listed in the report, was presented.
Greg Cullen, representing the Appellant, spoke in support of the app~al.
Members of the public Ramon Covarrubias, Kelly Olsen, and Darrell f....lar. ke
spoke in support ofthe project..,
Members ofthe public Terrence Gomes and Robyn Braun spoke in
opposition to the project.
5
November 26, 20<)2
Greg Cullen, representing the Appellant, made rebuttals to comments made
by the members of the public.
Motion by Councilmember Genser. seconded by Councilmember Kaftz, to
adopt Resolution No. 9813 (CCS), reading by title only and waiving further
reading thereof. The motion was approved by the following vote: I
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor, Hplbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
Motion by Councilmember Katz. seconded by Councilmember Bloo1]I1, to
approve the recommendation to uphold appeal, amended to keep driveway
in center. I
Substitute motion b Councilmember Genser seconded b Ma or Po Tern
McKeown, to approve recommendation to uphold appeal, amended 0
include the following conditions: That the front yard has a minimum of two
feet of soil and not more than an average of 6 inches above grade; if feasible,
as determined by staff, with a ramp to the front court yard; and with no front
gate on the courtyard. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Bloom, Genser, Mayor
McKeown, Mayor Feinstein
Councilmembers Holbrook, Katz
None
NOES:
ABSENT:
RECESS
On order of the Mayor, the City Council recessed at 10:46 p.m., and
reconvened at 10:55 p.m., with all members present.
ORDINANCES:
DEVELOPMENT
REVIEW
THRESHOLDS
7-A: Second reading and adoption of interim Ordinance No. 2060
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA M NICA
MODIFYING THE DEVELOPMENT REVIEW THRESHOLDS THE
C-3, C3C, AND BSC DISTRICTS TO 7,500 SQUARE FEET, AN
EXEMPTING AFFORDABLE HOUSING PROJECTS OF 50 UNI
LESS FROM A DEVELOPMENT REVIEW PERMIT OR A
CONDITIONAL USE PERMIT CITYWIDE," was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Bloom,
to adopt ordinance, reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
6
November 26, 2002
3RD ST. PROMENADE -
MORATORIUM
COUNCIL ITEMS:
PRC APPOINTMENT
AYES:
Councilmembers O'Connor, Bloom, Genser, Mayor Pro Tern
McKeown, Mayor Feinstein
Councilmembers Holbrook, Genser
None
NOES:
ABSENT:
7-B: Introduction and first reading ofinterim ordinance entitled:
"AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING
A MORATORIUM ON NEW OR EXPANDED RETAIL USES ON THE
THIRD STREET PROMENADE WITH LIMITED EXCEPTIONS," was
presented.
Member of the public David Houston spoke in support of the ordinance and
provide some suggestions.
Motion by Mavor Feinstein. seconded by Councilmember Katz, to introduce
and hold first reading of 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:
Motion bv Mavor Pro Tern McKeown. seconded by Councilmember Bloom,
to direct staff to explore ways to accommodate appropriate extension of
permitted restaurant uses if and when it will allow retention of food services
uses in historically restaurant space. The motion was unanimously approved
by voice vote, with all members present.
On order of the Mayor, the following item to be heard out of order:
13-A: Appointment to three annual vacancies on the Pier Restoration
Corporation with terms ending November 14, 2006.
The Mayor opened the floor for nominations.
Councilmember Katz, nominated Kent Smith for one vacancy. There being
no other nominations, Mr. Smith was unanimously appointed, with.all
members present.
7
November 26, 2002
PUBLIC HEARINGS:
PRESERVATION,
ELEMENT
RESOLUTIONS:
SUPERVISORY TEAM
ASSOCIATES
Councilmember Genser, nominated Allan Lipsky and Josefina Aranda for the
two remaining vacancies. There being no other nominations, Mr. Smith and
Ms. Aranda were unanimously appointed, with all members present.
9-A: Public hearing and adoption of Historic Preservation Element of
the General Plan - reconnnendation to hold a public hearing, adopt
Resolution No. 9814 (CCS) entitled: "A RESOLUTION OF THE dITY OF
SANTA MONICA ADOPTING THE HISTORIC PRESERVATION
ELEMENT NEGATIVE DECLARATION," and ,Resolution No. 9815
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
ADOPTING THE HISTORIC PRESERVATION ELEMENT OF 'FHE
GENERAL PLAN," was presented.
Members of the public Darrell Clarke, Roger Genser and Ruthanne Lehrer
spoke in support ofthe reconnnendation.
Motion by Mayor Feinstein. seconded by Councilmember O'Connor, to
adopt Resolution No. 9814 (CCS), reading by title only and waiving further
reading thereof. The motion was approyed by the following vote:
AYES:
Councilmember Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
Motion by Councilmember Katz. seconded by Councilmember O'Connor, to
adopt Resolution No. 9815 (CCS), reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmember Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
Motion by Mayor Feinstein.. duly seconded, to ask staff to consider if there
should be any indicators added to the sustainability indicators related to
historic preservation. The motion was unanimously approved by voice vote,
with all members present.
II-A: Resolution No. 9816 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
SUPERVISORY TEAM ASSOCIATES," was presented.
8
November 26, 2002
Councilmembers Katz and
Holbrook were excused at
11:32 p.m.
PUBLIC ATTORNEYS
UNION
WRITTEN
COMMUNICATIONS:
IRAQ
Motion by Mayor Feinstein. seconded by Mayor Pro Tern McKeo~ to
adopt resolution, 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
Councilmembers Holbrook, Katz
NOES:
ABSENT:
II-B: Resolution No. 9817 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
PUBLIC ATTORNEYS UNION," was adopted.
Motion by Mayor Feinstein. seconded by Mayor Pro Tern McKeown, to
adopt resolution, 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
Councilmembers Holbrook, Katz
NOES:
ABSENT:
12-A: Request of Jerry Rubin to address Council to request that
Council take a position against the planned war in Iraq, was presented.
Members of the public B.A. Gray and Brian Hutchings spoke to the request.
On order of the Mayor, the information was received and filed.
ALL-MAIL ELECTION 13-B: Request of Mayor Feinstein and Councilmember O'Connor to
direct staff to prepare an ordinance to allow the City the option of
conducting an election by mltil, and to also report back with the
procedures for ensuring the accuracy of the mail ballots as part of that
process, was presented.
Motion by Mayor Feinstein. seconded by Councilmember O'Connor, to
approve request and staff to return on December 10. The motion was
unanimously approved by voice vote, with Councilmembers Holbrook and
Katz absent.
9
November 26, 2002
PRC RESIGNATION
13-C: Acceptance of Jerry Greenwalt's letter of resignation from the
Pier Restoration Corporation, and recommendation to authorize the
City Clerk to publish the vacancy, was presented.
Motion bv Councilmember Genser. seconded bv Councilmember O'Connor,
to accept letter with regrets and approve recommendation. The motion was
unanimously approved by voice vote, with Councilmembers Holbrook and
Katz absent.
LANDMARKS
ORDINANCE BALLOT
MEASURE
13-D: Request of Councilmember Genser to discuss possible proposals
for ballot measures to amend the City's landmark ordinance, was
presented.
Discussion ensued on possible proposals. Staff answered questions of staff.
On order of the Mayor, the information was received and filed.
PUBLIC INPUT:
Members ofthe public Pro Se, Art Casillas, B.A. Gray, and Brian
Hutchings, expressed various concerns.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:10
a.m. to December 10,2002.
ATTEST:
~.~.'90~-
Maria M. Stewart
City Clerk
APP.~RO.,.YE..~. ,
r4~r. /
o-1~.// / / # ~
.r,- /~
, . I, ."
Michael Feitlstein
Mayor
10
November 26,2002