M-8/14/2001
CITY OF SANTA MONICA
li!!lr
CITY COUNCIL MINUTES
AUGUST 14, 2001
A regular meeting ofthe Santa Monica City Council was called to order by Mayor Feinstein at 6:08
p.m., on Tuesday, August 14,2001, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Michael Feinstein
Mayor Pro Tern Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:30 p.m.)
Councilmember Herb Katz (Absent)
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 6:08 p.m., with
Councilmembers Holbrook and, Katz absent. Councilmember Genser
led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and
approved in one motion unless removed from the calendar for discussion.
Members of the public Joey Fullmer, Justice Denied is Justice Delayed, and
Quincy addressed various items on the Consent Calendar.
At the request ofCouncilmember Genser, Item I-D was removed from the
Consent Calendar.
Motion by Councilmember Genser. seconded bv Mavor Pro Tern Bloom, to
approve all items on the Consent Calendar as presented, except Item I-D,
reading resolutions and ordinances by title only and waiving further reading
thereof. The motion was approved by the following vote:
1
August 14; 2001
AYES
Councilmembers O'Connor, McKeown, Genser, Mayor Pro
Tern Bloom, Mayor Feinstein
None
Councilmembers Holbrook, Katz
NOES:
ABSENT:
MINUTES
I-A: The minutes of May 8, and May 22, 2001, City Council meetings,
were approved.
EARTHQUAKE
RESOLUTION
I-B: Earthquake Recovery Resolution - Resolution No.9690 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted.
l-C: Big Blue Bus Natural Gas Fueling Facility - recommendation to
BBB FUELING FACILITY authorize the City Manager to negotiate and execute Contract No. 7993 (CCS)
with Mallcraft, Inc., in the amount of $11,094,979, for construction of the
Natural Gas Fueling Facility, coin collection room and-bus wash facility at the
Big Blue Bus, and approve proposed budget adjustments, was approved.
CONVENTION &
VISITORS BUREAU
1-E: Convention and Visitors' Bureau Contract - recommendation to
authorize the City Manager to negotiate and execute a modification to Contract
No. 4581 (CCS) with the Santa Monica Convention and Visitors Bureau, was
approved.
CONGESTION
MANAGEMENT PLAN
1-F: Resolution of City's conformance with the Congestion
Management Plan - Resolution No. 9691 (CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING
THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION
MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL
IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089", was adopted.
CANCEL MEETING
1-G Recommendation to cancel the August 28, 2001, Council
Meeting, was approved.
2
August 14,2001
STORM DRAINS
528 COLORADO
PLANNING SERVICES
DONATION OF
EQUIPMENT
TASK FORCE ON THE
ENVIRONMENT
BAY SAVER PROGRAM
I-H: Wilshire and Montana Storm Drains - recommendation to
authorize the City Manager to negotiate execute Contract No. 7995 (CCS) ·
with Burns & McDonnell, in the amount of$74,726, for engineering services
for the diversion of dry weather flows from storm drains into sewer system; and
to negotiate and execute Contract No. 7996 (CCS) with the Los Angeles
County Department of Public Works, for reimbursement ofthe cost of services,
was approved.
I-I: Recommendation to authorize staff to open preliminary
discussion with owners of record for possible acquisition of property
located at 528 Colorado Avenue, was approved.
I-J: Purchase Order amendment for provision of additional interim
planning services - recommendation to authorize the City Manager to approve
amendment to purchase order with Civic Solutions, Inc., for an additional
$31,000, and a new amount not to exceed $85,000, to provide additional
interim planning services for the Planning Division, was approved.
1- K: Donation of Police communications equipment - recommendation
to authorize the City Manager to donate Police Department communications
equipment to the Los Angeles Interagency Metropolitan Police Apprehension
Crime Task Force, Santa Monica High School, and the City of Compton
Unified School District Police Department, was approved.
l-L: Appointment to the Santa Monica Task Force on the
Environment - recommendation to authorize the City Manager to appoint
Robert Rees as a new member to fill a vacancy on the Santa Monica Task
Force on the Environment, was approved.
I-M: Bay Saver Water Conservation Program - recommendation to
authorize the City Manager to negotiate and execute Contract No. 7997 (CCS)
withXENERGY, in the amount of$71, 184, for administrative services related
to the Bay Saver Water Conservation Program, was approved.
BOILER REPLACEMENT I-N: Civic Auditorium boiler replacement - recommendation to
authorize the City Manager to negotiate and execute Contract No. 7998 (CCS)
with Bon Air, in the amount of $126,000, for the Civic Auditorium boiler
replacement project, was approved.
3
August 14,2001
MOSS AVENUE
PUMPING STATION
ORDER OF AGENDA
ITEMS
I-D: Moss Avenue Pumping Station and Appian Way Retaining Wall
Projects - recommendation to relieve Caliagua, Inc. of their bid for
construction of the projects and authorize the City Manager: negotiate and
execute: Contract No. 7994 (CCS) with KEC Engineering, in the amount of
$1,835,000, for construction of the projects; an amendment to Contract No.
7355 (CCS) with Harris and Company, in the amount of $40,000, for
community outreach; an amendment Contract No. 7476 (CCS), with Black and
Veatch, Inc., in the amount of $264,404, for construction management
services; an amendment to Contract No. 7216 (CCS) with Montgomery
Watson, in the amount of $129,203, for Engineer of Record services for the
Pumping Station; and, an amendment to Contract No. 7749 with Wheeler and
Gray, in the amount of$9,500, for Engineer of Record services of the Appian
Way Retaining Wall project, was approved. In addition, recommendation to
approve the proposed budget adjustments, was presented.
Councihnember Genser asked questions of staff regarding the process for
public review of the project.
Motion by Councihnember Genser. seconded by Councihnember O'Connor,
that staffs recommendation be approved with the understanding that the
project will be reviewed publicly at the Architectural Review Board meeting.
AYES:
Councihnembers Genser, McKeown, O'Connor, Mayor Pro
Tern Bloom, Mayor Feinstein
None
Councihnembers Katz, Holbrook
NOES:
ABSENT:
Motion by Mayor Feinstein. seconded by Councihnember Genser that Item 8-B
will be heard after Item 5-A. The motion was unanimously approved by voice
vote, with Councihnembers Katz and Holbrook absent.
4
August 14,2001
CLOSED SESSIONS
CLOSED SESSIONS: On order of the Mayor, the City Council recessed a~_
6:29 p.m., to consider closed sessions, and reconvened at 7:30 p.m., with
Councilmember Katz absent, to report the following actions:
2-A: Conference with Real Property Negotiators:
Property: 528 Colorado Avenue
City Negotiator: Mark Richter, Real Estate Manager
Owner of Record: Kopple, Joel & Madelynn G. Trust
Under Negotiation: Acquisition of Real Property
ACTION:
Heard. No reportable action taken.
2-8: Conference with Legal Counsel- Existing Litigation: Martinelli
v. City of Santa Monica, Case No. SC 061 916.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel - Existing Litigation: San Die~o
County Water Authoritv. et al.. v. Metropolitan Water District. et aI.,
Case No. 321 056.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: Chateall
16th Street Villas. LLC and Nonnal Salterv. Citv of Santa Monica, Case
No. 8S 065 985.
The City Attorney reported that environmental work is required for the project
and the hearing that was scheduled before Council will be delayed until
December. The provision of the settlement agreement previously approved,
that the developer redesign the project to comply with the new "North of
Wilshire Development Standards", remains in place.
2-E: Conference with Legal Counsel - Existing Litigation: CALHO
v. City of Santa Monica, Case No. BS 053 199.
ACTION:
Heard. No reportable action taken.
5
August 14,2001
CONTINUED ITEMS:
PIER RESTORATION
CORPORATION
2-F: Conference with Legal Counsel- Existing Litigation: Alice Cole.
et at. v. City of Santa Monica, Case No. SC 067 033.
ACTION
Heard. No reportable action taken
2-G: Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Four.
Motion by Mayor Feinstein. seconded by Councilmember McKeown, to
approve the following settlement terms and conditions regarding 1441-1443
24th Street in Santa Monica: the northern portion of the structure will be
converted to a single car garage, the balance of the structure will be removed
as follows: the kitchen will be removed, including plumbing, the bathroom will
remain, the rear structure will not be used henceforth as a separate residential
unit but may be used in conjunction with the front unit, a deed restriction
confirming this will be prepared and signed, and the height of the existing
structure will be allowed. The motion was approved by the following vote:
AYES: Councilmembers Genser, McKeown, O'Connor, Holbrook, Mayor
Pro Tern Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmember Katz
2- H: Conference with Legal Counsel- Existing Litigation: 2000 Main
Street LLC v. City of Santa Monica, Case No. SC 067899.
ACTION
Heard. No reportable action taken.
5-A: Three appointments to full terms on the Pier Restoration
Corporation; one with a term ending November 09,2004 (continued from
April 1 0,2001), and two with terms ending November 08, 2005. (Continued
from July 24,2001).
Motion by Councilmember Genser. seconded by Councilmember Holbrook to
continue this item until September 11, 2001.
Substitute motion by Mayor Feinstein. seconded by Councilmember McKeown
to nominate Jerry Greenwald for a term ending 2005 to replace out-going
Board member Spurgen. The substitute motion failed by the following vote:
6
August 14,2001
OUTDOOR DINING
STANDARDS
AYES:
NOES:
ABSTAIN:
Councilmember McKeown, Mayor Feinstein
None
Councilmembers Holbrook, O'Connor, Mayor Pro Tern Bloom,
Councilmember Genser
Councilmember Katz
ABSENT:
The main motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, Holbrook, Mayor Pro Tern
Bloom
Councilmember McKeown, Mayor Feinstein
Councilmember Katz
NOES:
ABSENT:
Mayor Feinstein requested that the record reflect that he voted no because a
further delay in appointments to the PRC is a blow against democracy and
public policy in our community.
Councilmember McKeown requested that the record reflect that he voted no
because he believes Council does not well serve the community by having
1980s appointees making 21 st century decisions for the pier.
8-B: Approval of Outdoor Dining Standards for Santa Monica
Boulevard and Broadway Avenue in Conjunction with the DowntowlI
Transit Mall Improvements.
The following members of the public addressed this item: Joey Fullmer
expressed her concerns, Arthur Harris discussed the Bayside District's position,
Michael Rooney discussed pedestrian safety, Chuck Allord spoke in opposition
to outdoor dining in the transit mall, Jerry Rubin spoke in support of outdoor
dining areas in the district, Alex Man spoke in opposition to the use of market
umbrellas and the removal of existing trees, Pam Vavra spoke in opposition to
the removal of mature trees, and Olwyn Perrene spoke in opposition to the
setback.
Motion by Councilmember Genser. seconded bv Councilmember O'Connor.
to approve the recommendation with the modification to include the 6' setback
on the angular basis.
7
August 14,2001
ADMINISTRATIVE
PROCEEDINGS:
1333 OCEAN AVENUE
CouncilmemberA1cKeown
was excused at 9:40 p.m.
Motion to amend bv Councilmember McKeo~ to allow 2 square foot menu
boards, for menus only. The motion was accepted as friendly.
The motion, as amended, was approved by the following vote:
AYES: Councilmembers Genser, McKeown, O'Connor, Holbrook, Mayor
Pro Tern Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmember Katz
6-A: Appeal of Landmarks Commission decision designating 1333
Ocean Avenue as a City Landmark - recommendation to uphold the
Landmarks Commission decision designating the structure located at 1333
Ocean Avenue as a City Landmark, and deny the appeal. Appellant: Sherman
Stacey, Esq.
Appellant Sherman Stacy, Esq. spoke in support ofthe appeal and requested
that Council delay taking action.
Members of the public Jerry Rubin, Margot Alofsin, Tom Cleys, Pam Vavra
spoke in support of staff's recommendation to designate the structure as a
landmark.
Motion bv Councilmember Genser. seconded by Mayor Pro Tern Bloom, to
deny the appeal and uphold the Landmarks Commission decision designating
the structure located at 1333 Ocean Avenue as a City Landmark. The motion
was approved by the following vote:
AYES: Councilmembers O'Connor, McKeown, Genser, Mayor Pro Tern
Bloom, Mayor Feinstein
NOES: None
ABSTAIN: Councilmember Holbrook
ABSENT: Councilmember Katz
8
August 14,2001
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2018 (CCS)/R"B
REFERENDUMIRECALL entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PETITIONS SANTA MONICA ADDING SECTION 11.04.176 TO THE SANTA
MONICA MUNICIPAL CODE RELATING TO REFERENDA AND
RECALLS", was presented.
Motion by Mayor Feinstein.. seconded by O'Connor to hold second reading and
adopt the ordinance, reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES:
Councihnember Genser, O'Connor, Mayor Pro Tern Bloom,
Mayor Feinstein
Councihnember Holbrook
Councihnembers Katz and McKeown
NOES:
ABSENT:
EMERITUS
COMMISSIONERS
7-B Second reading and adoption Ordinance No. 2019 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTAMONICAAMENDINGSANTAMONICAMUNICIP AL SECTION
2.48.030 AND ADDING SECTION 2.56.031 TO THE SANTA MONICA
MUNICIPAL CODE RELATING TO EMERITUS COMMISSIONERS ON
THE CITY'S COMMISSION FOR OLDER AMERICANS AND
COMMISSION ON THE STATUS OF WOMEN", was adopted.
Councilmember McKeown
returned at 9:50 p.m.
Motion by Mayor Feinstein. duly seconded. to hold second reading and adop1
the ordinance, reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councihnember Holbrook, O'Connor, McKeown, Genser, Mayor
Pro Tern Bloom, Mayor Feinstein
NOES: None
ABSENT: Councihnember Katz
CALPERS
7-C: Second reading and adoption of Ordinance No. 2020 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM", was
adopted.
9
August 14,2001
..
Motion by Councilmember Holbrook. seconded by Councilmember O'Connor.
to hold second reading and adopt the ordinance, reading by title only and
waiving further reading thereof. The motion was approved by the following
vote:
AYES:
Councilmember Holbrook, O'Connor, McKeown, Genser, Mayor
Pro Tern Bloom, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
STAFF 8- A: Discussion of election reform including possible modifications to
ADMINISTRATIVE the City's Campaign Financing Restrictions. (Continued from July 24,
ITEMS 2001.)
CAMPAIGN FINANCING
RESTRICTIONS On order of the Mayor, this matter was continued to a future meeting.
SECOND UNITS IN R-l
AND OP-l DISTRICTS
8-C: Recommendation to discuss policy alternatives regarding second
units in the R-l and OP-l Districts, and direct staff to prepare an
appropriate ordinance.
Members of the public Chuck Allord, Pam Vavra, James Issacs, and Bob
Seldon expressed various concerns.
Motion by Councilmember McKeown. seconded by Mayor Feinstein. to direct
staff to further develop the policy options and the projected consequences for
those options, and schedule another public hearing when that information is
available. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, McKeown, Genser, Mayor
Pro Tern Bloom, Mayor Feinstein
NOES: None
ABSENT:CouncilmemberKatz
WRITTEN
COMMUNICATIONS
BUILDING & SAFETY
CODE
12-A: Request of Michael Manchester to address Council regarding
issues of compliance with the Building and Safety Code, was presented.
On order of the Mayor, the information was received and filed.
10
August 14,2001
COUNCILMEMBER
DISCUSSION ITEMS
ANNUAL VACANCIES
SOCIAL SERVICES
COMMISSION
PERSONNEL BOARD
NAFTA
13-A: Annual vacancy appointments to the following boards and
~
commissions: (Continued from July 10,2001).
Commission
Arts Commission
Building & Safety Commission
Convention & Visitors Bureau
Commission on the Status of Women
Vacancies
1
2
1
1
Term Ending
06/30/05
06/30/05
06/30/05
06/30/05
Councilmember Genser nominated Rachel Lachowicz for appointment to the
Arts Commission for a term ending 06/30/05. Rachel Lachowicz was
appointed by acclamation, with Councilmember Katz absent.
On order of the Mayor, the Building & Safety Commission the appointment
was continued to September 11, 2001. On order of the Mayor, the
Convention & Visitors Bureau appointment was continued to September 25,
2001. On order of the Mayor, the Commission on the Status of Women
appointment was continued to September 11, 2001.
13-B: Appointment to an unscheduled vacancy on the Social Services
Commission for a partial tenn ending June 30,2003. (Continued from July
24,2001.)
Mavor Feinstein nominated Patrick Kelly for appointment to the Socia:
Services Commission for a partial term ending June 30, 2003. Patrick Kelly
was appointed by acclamation, with Councilmember Katz absent.
13-C: Appointment to an unscheduled vacancy on the Personnel Board
for a partial tenn ending June 30,2004. (Continued from July 10,2001.)
On order of the Mayor, this appointment was continued to September 25,
2001.
13-D: Request of Mayor Feinstein and Councilmember McKeown that
the City Council pass Resolution No. 9692 (CCS) entitled: "A
RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA
MONICA OPPOSING THE EXTENSION OF THE NORTH
AMERICAN FREE TRADE AGREEMENT TO THE FREE TRADE
AREA OF THE AMERICAS"; send a letter to Santa Monica's federal
11
August 14,2001
PUBLIC INPUT
ADJOURNMENT:
representatives opposing so-called "Fast Track" legislation that would
eliminate existing Congressional powers to amend trade treaties, thereby
disempowering local communities and local control over local issues; and
work with State and Federal officials on ensuring that environmental,
public health, and worker protections at the State and local level are not
compromised by such federal legislation.
Members of the public Chuck Allord and Quincy expressed their concerns.
Motion bv Councilmember McKeown. seconded bv Mavor Feinstein. to adopt
the resolution, reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers Genser, McKeown, O'Connor, Holbrook, Mayor
Pro Tern Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmember Katz
Members ofthe public Joe Pallucci and Justice Delayed Is Justice Denied spoke
regarding people with disabilities.
Motion by Councilmember McKeown. seconded bv Mayor Feinstein, to
continue the meeting past 11 :00 p.m. The motion was unanimously approved
by voice vote, with Councilmember Katz absent.
Members of the public Zeljka Ulan, Brett Svatek, Pau1a McMath, Jamie
Palumbo, Benjamin Rapoport, Brian Judd, Darren Hanvey, Arthur Harris, and
Matt Arnold spoke regarding the Lido Apartments. Member of the public
Quincy expressed various concerns.
On order ofthe Mayor, the City Council meeting was adjourned at
11:25 p.m. to 5:45 p.m. on September 11,2001.
ATTEST: //:. /'
~~t~-t~<iPr
Assistant City Clerk
Mayor
12
August 14,2001