M-12/10/2002
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 10, 2002
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:58
p.m., on Tuesday, December 10, 2002, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Michael Feinstein
Mayor Pro Tern Kevin McKeown
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:00 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, the City Council convened at 5:58 p.m., wit1
Councilmember Holbrook absent. Mayor Pro Tern McKeown led t e
assemblage in the Pledge of Allegiance.
CONSENT CALENDAR:
All items were considered and approved in one motion unless removid by a
Councilmember for discussion.
Members of the public Joey Fullmer and Pro Se addressed Council o~
Consent Calendar items. I
At the request ofCouncilmember Genser, Item I-I was removed frOthe
Consent Calendar. At the request ofCouncilmember Katz, Item I-F as
removed from the Consent Calendar.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember !
O'Connor, to approve all items on the Consent Calendar as presented except
Items I-F and I-I, reading resolutions and ordinances by title only and
waiving further reading thereof. The motion was approved by the fo~owing
vote:
1
December 10, 20~2
MINUTES
SEWER REPAIR
SEWER REPAIR
UNCLASSIFIED
EMPLOYEES
MUNICIPAL POOL
MILLS ACT
AYES
councihnembe. rs Katz, Genser, Bloom, O'Connor, 1......................a...........yor
Pro Tern McKeown, Mayor Feinstein .....>.
None \
Councihnember Holbrook r :,';
NOES:
ABSENT
I-A: The City Council meeting minutes of October 22, 2002 wej
approved.
1-B: Award of Construction Contracts for Sewer Project #12~
recommendation to authorize the City Manager to negotiate and ex cute
construction Contract No. 8165 (CCS) with Miramontes Constructi n Co.,
Inc., in the amount of$7,383,440, for Sewer Project #12 - Repair 0
Earthquake-Damaged Sanitary Sewer Mains in the area bounded by ico
Blvd., 34th Street, South City Limits, and 4th Street; negotiate and e ute
Contract No. 9166 (CCS) with Tetra Tech, in the amount of$1,442 811, for
construction management and inspection services; and, approve
recommended appropriations, were approved.
1-C: Construction contract for Sewer Project #14 - recommendation
to negotiate and execute a construction Contract No. 8167 (CCS) 'th
Mike Prlichand Sons, Inc., in the amount of $3, 104,246, for Sewer roject
#14 - Repair of Earthquake-Damaged Sanitary Sewer Mains in the ea
bounded by Pico Place South to Dewey Street, and Barnard Way to
Walgrove Avenue; negotiate and execute Contract No. 8168 (CCS) 'th
Tetra Tech, Inc., in the amount of$475,625, for construction manag~ment
and inspection services; and, approve recommended appropriations, Were
approved. I
1-D: Authorization for City Manager and City Attorney to N,otiate
and Execute Employment Agreements with Certain unclassifie1
Employees, was approved.
l-E: Contract amendment for the Municipal Pool Project - t
recommendation to authorize the City Manager to execute an amen ent to
Contract No. 7978 (CCS) with Swinerton Builders, in the amount 0
$172,595, for the Municipal Pool Project, was approved.
1-G: MiUs Act Historic Property Preservation Agreements -
recommendation to adopt Resolution Nos. 9818 (CCS), 9819 (CCS) 9820
(CCS) and 9821 (CCS) and authorize the City Manager to execute
Historical Property Preservation Agreement Nos. 8172 to 8175 (CC ),
respectively, with and each of the property owners of211 Alta Ave., 2612
3rd St., 2402 4th St. #2, and 315 10th St., was approved.
2
December 10,2002
SHORT -RANGE
TRANSIT PLAN
DONATION OF
VEHICLES
ANIMAL SHELTER
BA YSIDE DISTRICT
ANNUAL PLAN
I-H: Approval of Short-Range Transit Plan and application f~r funds
- recommendation to authorize the City Manager to file the Short Rpnge
Transit Plan (SRTP) Update to permit Santa Monica's Big Blue Bu~ to
remain eligible for federal and state transit funds, and to file apPlicatfons for
available funds based on the SRTP, was approved.
I-J: Donation of three used solid waste vehicles and one used iBig
Blue Bus to Sinaloa Ecoregion Foundation, was approved. I
I-F: Animal Shelter Improvement Project - recommendation tf
authorize the City Manager to negotiate and execute Contract No. 8169
(CCS) with A WI Builders, in the amount of$414,850, for the const ction
of the Animal Shelter Improvements Project, was presented.
Councilmember Katz advised he had removed this item to question tj,e
increase of the contingency from 10% to 15%. Staff answered ques ions of
Councilmembers.
Motion Bv Councilmember Genser. seconded by Councilmember Katz, to
approve recommendation. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Bloom, Genser, Katz, Mf.yor
Pro Tern McKeown, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
I-I: Bayside Annual Operations and Marketing Plan - recommen-
dation to receive and file the Annual Report for FY 2001-02, and approve
Annual Operations and Marketing Plan for FY 2002-03, was presented.
Councilmember Genser expressed concern regarding the proposal to ~tall
planters on the ground surface around the dinosaurs on the Promena4e.
Discussion ensued regarding this proposal.
Motion by Councilmember Katz. seconded by Councilmember Genset, to
approve recommendation modifying the proposal to change the decision of
installing the planters to a "consideration." The motion was approveq by the
following vote: I
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor, M~yor
Pro Tern McKeown, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
3
December 10,2002
RECESS
On order of the Mayor, the City Council recessed at 6:15 p.m., and
reconvened at 7:10 p.m., with all members present.
INSPIRATION:
Musical numbers were performed by the members of the Santa Monica High
School Chamber Orchestra.
CANVAS OF 11/5/02 A: Resolution adopting results of November 5, 2002, municipal
MUNICIPAL ELECTION: election - recommendation to adopt Resolution No. 9822 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE
RESULTS OF THE OFFICIAL CANVASS AND OFFICIAL STATEMENT
OF VOTES CAST FOR THE CONSOLIDATED MUNICIPAL ELIf:CTION
HELD ON NOVEMBER 5, 2002, AND DECLARING THE RESULTS
THEREOF," was presented.
Members of the public Joey Fullmer and Jerry Rubin congratulated the newly
elected officials.
Motion bv Councilmember Katz. seconded bv Councilmember Bloom, to adopt
the 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:
ABSENT:
ADJOURNMENT OF
CURRENT COUNCIL
On order of the Mayor, the Council, as presently constituted, was adjourned,
and the meeting was turned over to the City Clerk.
INSTALLATION OF
NEW OFFICERS:
The City Clerk administered the oath of office to the newly elected ofllicers, as
follows:
B: Administration of oath of office to new members ofthe Santa Monica
College Board of Trustees.
C: Administration of oath of office to new Santa Monica-Malibu Unified
School District Board of Education Members.
D. Administration of oath of office to new Santa Monica Rent Control
Board Members.
E: Administration of oath of office to new Santa Monica City Council
Members.
4
December 10,2002
CONVENING OF
NEW CITY COUNCIL:
ELECTION OF MAYOR
The City Clerk called the new Council to order and called the roll. Thereafter,
the City Clerk opened the floor for nominations for Mayor for the ensuing two
years.
Motion by Councilmember Genser to split the terms of Mayor and Mayor Pro
Tern and elect Councilmember McKeown as Mayor for the first year and
Councilmember Bloom as Mayor Pro Tern, and for the second year elect
Councilmember Bloom as Mayor and Councilmember McKeown as Mayor Pro
Tern. The motion died for lack ofa second.
Councilmember Katz nominated Councilmember O'Connor to serve as Mayor
for the ensuing two years.
Councilmember 0' Connor stated her appreciation for the nomination but
declined stating she had already served as Mayor.
Councilmember O'Connor nominated Councilmember Bloom for the ensuing
two years. There being no other nominations, Councilmember Bloom was
elected as Mayor by the following vote:
AYES:
Councilmember Genser, McKeown, Bloom, O'Connor,
Holbrook, Feinstein
None
Councilmember Katz
None
NOES:
ABSTAIN:
ABSENT:
Mayor Bloom assumed the Chair and opened the floor for nominations for
Mayor Pro Tern.
Councilmember Feinstein nominated Councilmember McKeown to serve as
Mayor Pro Tern for the ensuing two years. There being no other nominations,
Councilmember McKeown was elected as Mayor Pro Tern by the following
vote:
AYES:
Councilmember O'Connor, Bloom, McKeown, Genser,
Feinstein
None
Councilmembers Holbrook, Katz
None
NOES:
ABSTAIN:
ABSENT:
END OF INSTALLATION On order of the Mayor, the City Council continued with the regular Council
meeting.
5
December 10, 2002
ORDINANCES:
PERS AMENDMENT
PROMENADE
MORATORIUM
STAFF ADMIN. ITEMS:
AIRPORT
CONFORMANCE PLAN
7-A: Second reading and adoption of Ordinance No. 2061 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA TO
AMEND THE CONTRACT BETWEEN THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SANTA
MONICA," was presented.
Motion by Mayor Pro Tern McKeown. seconded by 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, O'Connor, Holbrook, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
7-B: Second reading and adoption of Interim Ordinance No. 2062
(CCS) 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.
Motion by Councilmember Feinstein.. seconded by Councilmember O'Connor,
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, O'Connor, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
Councilmember Holbrook
None
NOES:
ABSENT:
8-A: Airport Conformance Program - recommendation to approve in
concept the Aircraft Conformance Program and runway safety area designation
and direct staff to explore the implications of proceeding with implementation,
was presented.
The following members ofthe public spoke in support of the recommendation:
John Reynolds, Martin Rubin, Susan Hartley, Ofer Grossman, Nina Menkes,
Todd Jaquith, Elizabeth Hanna, Lewin Werthheimer, Cathy Larson, Carolyn
Neuyer, Robert Newbold, Mic.hael Brodsky, Anne Greene, Dan Kelo, Sheryl
Kelo, Stacy Brown, Jim Donaldson, and Carolyn Guillot.
Motion by Councilmember Genser. seconded by Councilmember Katz, to
approve recommendation. The motion was approved by the following vote:
6
December 10,2002
AYES:
Counci1members Katz, Genser, 0 'Connor, Holbrook, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
REPORT ON IMPACT
OF INITIATIVE
On order of the Mayor, Items 8-B and lO-C to be considered concurrently.
8-B: Presentation of impact report of the Homeowners Freedom of
Choice Initiative, was presented.
Members of the public Margarete May, Paul DeSantis and Marc Schrobilgen
spoke in favor ofthe proposed initiative and in support ofCoWlcil adopting the
ordinance.
Members of the public Roger Genser and Nina Fresco spoke in favor of placing
an opposing measure on the ballot.
Member of the public Barbara Schnitzler spoke in favor of placing the
proposed measure on the ballot.
On order of the Mayor, the information was received and filed.
LANDMARKS 10-C: Recommendation of Landmarks Commission to place a measure
ORDINANCE MEASURE on the ballot to amend the City's Landmarks Ordinance, was presented.
Motion bv COWlcihnember Genser. seconded by Mayor Pro Tern McKeow!!,
to direct staff to begin the process of amending the Landmarks Ordinance
taking into consideration the Landmarks Commission proposed changes. The
motion was approved by the following vote:
AYES:
Councihnembers Ho lbrook, 0' Connor, Genser, Katz, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
None
NONE:
ABSENT:
SPECIAL ELECTION 8-C: Recommendation to either adopt the Homeowners Freedom of
OR ADOPT ORDINANCE Choice Initiative's proposed ordinance or order a special Election; and
supplemental report and ordinance for consideration of an all-mail
election, were presented.
The following members of the public spoke in support of adopting the
initiative's proposed ordinance: Matt Dinolfo, Ann Maler, Greg Poirier, Marc
Shrobilgen, Leah Mendelsohn, and Ernie Ryaback.
7
December 10.2002
The following members of the public spoke in favor of placing the proposed
ordinance on the ballot: Tom Cleys, Roger Genser, Barbara Schnitzler and Lori
Nafshun.
Motion by Councilmember Katz. seconded by Councilmember Holbrook, to
adopt the initiative's proposed ordinance and not call an election.
Substitute motion by Councilmember Genser. seconded by Mavor Pro Tern
Mcl,(eo~ to adopt Ordinance No. 2063 (CCS) entitled: "AN ORDINANCE
OF THE CITY OF SANTA MONICA ADDING SECTION 11.04.185 TO
THE MUNICIPAL CODE TO ALLOW MAIL IN BALLOTS IN SPECIAL
ELECTIONS AND DECLARING THE PRESENCE OF AN
EMERGENCY." The motion was approved by the following vote:
AYES:
Councilmembt::rs Genser, Feinstein, Mayor Pro Tern McKeown,
Mayor Bloom
Councilmembers Katz, Holbrook
Councilmember O'Connor
None
NOES:
ABSTAIN:
ABSENT:
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
approve the holding ofan all-mail ballot election on Friday, March 21,2003,
with the polls closing at 9:00 p.m. The motion was approved by the following
vote:
AYES:
CouncihnembersKatz, Genser, O'Connor, Holbrook, Feinstein,
Mayor Pro Tem McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
adopt the following election-related resolutions: Resolution No. 9823 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA CALLING AND GIVING NOTICE OF A SPECIAL
ELECTION TO BE HELD ON MARCH 21,2003, FOR THE PURPOSE
OF SUBMITTING TO THE VOTERS ONE OR MORE BALLOT
MEASURES," ResolutionNo. 9824 (CCS) entitled: "RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY CLERK TO OBTAIN SPECIFIED CONSULTING AND
SUPPLIES SERVICES FOR THE CITY RELATING TO THE CONDUCT
OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 21,
2003," and Resolution No. 9825 (CCS) entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE
8
December 10,2002
BOARDS AND
COMMISSIONS:
NAMING OF MAIN
PUBLIC LIBRARY
BEACH LOTS
GREENING AND
PARKING
BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
RENDER SPECIFIED SERVICES TO THE CITY OF SANTA MONICA
RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON MARCH 21, 2003." The motion was
approved by the following vote:
AYES:
Councilmembers Katz, Genser, O'Connor, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
Councilmember Holbrook
None
NOES:
ABSENT:
Councilmember Holbrook stated, for the record, that he voted in opposition
of the resolution calling the election because he feels that an election was not
necessary.
Motion by Councilmember Feinstein. seconded bv Councilmember Katz, to
approve the administering of a special all-mail ballot election on March 21,
2003. The motion was approved by the following vote:
YES:
Councilmembers Holbrook, O'Connor, Genser, Katz, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
10-A: Recommendation to name the auditorium at the new Santa
Monica Public Library in honor of Dr. Martin Luther King, Jr., was
presented.
The following members ofthe public spoke in support of the recommendation:
Paul DeSantis, Brian Hutchings, and Nat Trives.
Motion by Mayor Pro Tern McKeown. seconded bv Councilmember Katz, to
approve recommendation and to offer the Hart Family a choice of keeping at
the Main Library the existing plaque in the auditorium, or ofretuming it to the
family. The motion was unanimously approved by voice vote, with all members
present.
lO-B: Request of the Recn~ation & Parks Commission to approve a
proposed beach lots greening, recreation and parking concept, was
presented by Commissioner Cloke.
Member ofthe public Arthur Harris expressed concerns regarding the request.
9
December 10,2002
COUNCIL ITEMS:
COMMISSION ON
OLDER AMERICANS
ACCESSIBILITY
APPEALS BOARD
COUNCIL LIAISONS
ARTS COMMISSION -
RESIGNATION
PUBLIC INPUT:
CLOSED SESSIONS:
Motion bv Mayor Pro Tern McKeown. seconded bv Councilmember Katz, to
approve conceptually, directing Commissioners and staff to explore non-city
funding sources for feasibility studies and other costs associated with possible
beach lot greening, as proposed by the Commission. The motion was approved
by the following vote:
AYES:
Councilmembers Katz, Genser, O'Connor, Holbrook, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
N~ne
NOES:
ABSENT: )
13-A: Appointment to one annual vacancy on the Commission on Older
Americans for a term ending June 30, 2006, and appointment to one
special vacancy for a term ending June 30, 2003.
On order of the Mayor, this matter was continued to January 14,2003.
13-B: Appointment to one special vacancy on the Accessibility Appeals
Board ofthe Building and Safety Commission, for a tenn ending June 30,
2005.
On order of the Mayor, the City Clerk was directed to republish the vacancy
and return to Council on January 28,2003.
13-C: Appointment of Coulllcilmembers as Liaisons to City Boards and
Commissions.
On order of the Mayor, this matter was continued to December 17,2002.
13-D: Acceptance of Steve Irvin's letter of resignation from the Arts
Commission and authorization for the City Clerk to publish the vacancy.
Motion by Mavor Pro Tern McKeown. seconded by Councilmember Holbrook,
to accept the letter with regrets and approving recommendation. The motion
was approved by voice vote, with all members present.
Members of the public Pro Se, Art Casillas, Brian Hutchings and Joe Natoli
expressed concerns regarding various municipal issues.
2-A: Conference with Legal Counsel - Existing Litigation: Carolvn
Jones v. City of Santa Monica, Case No. CV 01-09102 (WJR).
On order of the Mayor, this matter was continued to December 17, 2002.
10
December 10, 2002
ADJOURNMENT:
2-B: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Sh,.
On order of the Mayor, this matter was continued to December 17,2002.
On order of the Mayor, the City Council meeting was adjourned at 12:38 a.m.
to December 17,2002.
~~.~~
Maria M. Stewart
City Clerk
11
APPROVED:
~~loom -
Mayor
December 10,2002