CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 1, 2000
A regular meeting of the Santa Monica City Council was called to order by Councilmember Holbrook at 8:16 p.m., on Tuesday, August 1, 2000, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ken Genser (arrived at 8:23 p.m.)
Mayor Pro Tem Pam O'Connor (arrived at 8:30 p.m.)
Councilmember Richard Bloom (arrived at 8:20 p.m.)
Councilmember Michael Feinstein
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Paul Rosenstein
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
Councilmember Bloom arrived at 8:20 p.m.
On order of the City Clerk, with the Mayor, Mayor Pro Tem O'Connor, and Councilmember Bloom absent, the City Council was called to order at 8:16 p.m. Councilmember Holbrook led the assemblage in the Pledge of Allegiance.
Motion by Councilmember Holbrook, seconded by Councilmember Feinstein, to select Councilmember Rosenstein as the temporary Chair. Motion unanimously approved by voice vote with Mayor Genser and Mayor Pro Tem O'Connor absent.
On order of Temporary Chair Rosenstein, and by consensus of the Council, Item 15, there being members of the public present to speak, Public Comment was taken out of order.
Mayor Genser arrived at 8:23 p.m.
15. PUBLIC INPUT: Member of the public Joey Fullmer discussed business licenses, parking, and crime; Member of the public Art Casillas addressed the Council regarding crime; Members of the public Pro Se and Carol Snider spoke in support of a Disabilities Commission; Member of the public Brian Hutchings invited the public to various events; Members of the public Ned Landin and Dwyane German spoke regarding noise levels at the Promenade.
Mayor Pro Tem O'Connor arrived at 8:30 p.m.9-A: Resolution placing the proposed Santa Monica Taxpayer Protection Charter Amendment and the proposed Santa Monica Living Wage Charter Amendment on the November 7, 2000, Election Ballot; and adoption of other related resolution, were presented.
Motion by Councilmember Holbrook, seconded by Councilmember Rosenstein, to: 1) adopt Resolution No. 9550 (CCS) entitled: A RESOLUTION OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS TWO BALLOT MEASURES AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000;" 2) adopt Resolution No. 9551 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION CALLED FOR THE SUBMITTAL OF TWO BALLOT MEASURES TO THE VOTERS AT THE GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2000, PURSUANT TO ELECTIONS CODE SECTION 10403;" and 3) adopt Resolution No. 9552 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING THE 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 SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000," reading by title only, and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
Motion by Mayor Genser, seconded by Michael Feinstein, to adopt Resolution No. 9953 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING MEASURES TO BE PLACED ON THE BALLOT AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000," and to designate Councilmembers Bloom, Feinstein, McKeown, Rosenstein, and Mayor Genser to submit the argument in opposition to the Taxpayer Protection Initiative, allowing the remaining members to designate the other signees if any Councilmembers drop off. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tem O'Connor, and Mayor Genser
NOES: None
ABSENT: None
Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to designate Councilmembers Bloom, Rosenstein, Mayor Pro Tem O'Connor, and Mayor Genser to submit the argument in opposition to the Living Wage Initiative, allowing the remaining members to designate the other signees if any Councilmembers drop off. The motion carried by the following vote:
AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tem O'Connor, and Mayor Genser
NOES: None
ABSENT: None
9-B: Resolution placing a measure on the November 7, 2000, election ballot to amend the City Charter as it pertains to fines imposed, and adoption of related resolutions.
Member of the public Cathy Larson, on behalf of the Friends of Sunset Park Neighborhood Association, spoke in support
for the resolution; Member of the public Brian Hutchings suggested the fines be increased.
Motion by Councilmember Bloom, to adopt the language identified as Alternative 2 and place the following question on the ballot: "Shall the City Charter be amended by adding language explicitly exempting civil fines for airport noise violations from the $500 limit applicable to criminal penalties for Municipal Code violations." The motion died due to lack of a second.
Motion by Councilmember Holbrook, seconded by Councilmember Rosenstein, to approve text of Alternative 1 question, and 1) adopt Resolution No. 9554 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS ONE PROPOSED AMENDMENT TO THE CITY CHARTER AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000;" 2) adopt Resolution No. 9555 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION CALLED FOR THE SUBMITTAL OF ONE PROPOSED AMENDMENT TO THE SANTA MONICA CITY CHARTER TO THE VOTERS WITH THE GENERAL MUNICIPAL ELECTION OF THE CITY OF SANTA MONICA AND WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2000, PURSUANT TO ELECTIONS CODE SECTION 10403;" and 3) adopt Resolution No. 9556 (CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE 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 SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000," reading by title only, and waiving further reading thereof.
City Clerk Stewart read the proposed ballot question into the record as follows: "Shall the City Charter be amended by adding language explicitly exempting civil fines from the $500 limit applicable to criminal penalties for Municipal Code violations." The motion carried by the following vote:
AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tem O'Connor, and Mayor Genser
NOES: None
ABSENT: None
Motion by Mayor Genser, seconded by Councilmember Feinstein, to adopt Resolution No. 9557 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING A MEASURE TO BE PLACED ON THE BALLOT AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000," reading by title only and waiving further reading thereof, and to designate Councilmembers Holbrook, Bloom, Feinstein, Rosenstein, and Mayor Pro Tem O'Connor to submit the argument in favor of the Charter amendment ballot question, allowing the remaining members to designate the other signees if any Councilmembers drop off. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tem O'Connor, and Mayor Genser
NOES: None
ABSENT: None
Councilmember Rosenstein was excused at 11:30 p.m.
On order of the Mayor, the City Council recessed at 9:25 p.m., to consider closed sessions, and reconvened at 11:50 p.m., with Councilmember Rosenstein absent.
16-A: Conference with Legal Counsel - Existing Litigation: Daniel Reyes v. City of Santa Monica, Case No. SC 057 195.
ACTION: Not heard.
16-B: Conference with Legal Counsel - Existing Litigation: Walsh v. City of Santa Monica, Case No. SC 057065.
Motion by Councilmember Feinstein, seconded by Councilmember Holbrook, to approve a settlement in the amount of $150,000. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Feinstein, McKeown, Holbrook, Mayor Pro Tem O'Connor, and Mayor Genser
NOES: None
ABSENT: Councilmember Rosenstein
16-C: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. BC 230 106.
Motion by Councilmember Bloom, seconded by Councilmember Holbrook, to agree to settle subject to the following terms:
(A) Santa Monica Housing will dismiss lawsuit provided the City amends the construction rate program ordinance to provide the following: (i) eliminate the requirement that only one construction project be allowed per block. (The ordinance will continue the requirement of only one project within a 500 foot radius.) (ii) reduce the "18-month" restriction on issuance of new building permits within the 500 foot radius to "15 months;" (iii) the Building Officer would be authorized to issue another building permit within the 500 foot radius, even if 15 months have not lapsed since the previous building permit was issued, if the owner of the previous project obtains a certificate of occupancy; (iv) (A) Project would not be subject to the requirements of this program if the current use of the property is not economically viable. City staff would be required to make this determination within 90 days of receiving an application.
(B) In preparing its 200-2005 Housing Element Update, the City shall analyze the impacts of the Construction Rate Program as a potential of actual governmental constraint pursuant to Government Code Section 65583(a)(4).
(C) Santa Monica Housing Council agrees not to sue City over current construction rate ordinance and amendments provided the City does not make any amendments to the ordinance. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Feinstein, McKeown, Holbrook, and Mayor Genser
NOES: Mayor Pro Tem O'Connor
ABSENT: Councilmember Rosenstein
16-D: Conference with Legal Counsel - Existing Litigation: Ring Trading Corp. v. City of Santa Monica, Case No. BC 172 044 (consolidated with Mountain View Mobile Inn Residents Association, Inc. v. City, Case No. SC 052 672).
ACTION: Heard. No reportable action taken.
16-E: Conference with Legal Counsel - Existing Litigation: Foodmaker, Inc. v. City of Santa Monica, Case No. SS 007 078.
ACTION: Not heard.
16-F: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co., et al., Case No. 313004
ACTION: Heard. No reportable action taken.
16-G: Conference with Legal Counsel - Existing Litigation: Conoco, Inc. v. City of Santa Monica, Case No. 99-12075 RAP (Cwx).
ACTION: Heard. No reportable action taken.
16-H: Conference with Legal Counsel - Existing Litigation: California Attorneys for Criminal Justice v. Butts, et al., Case No. CV 95-8634.
ACTION: Not heard.
16-I: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Walther, Case No. SC 043 522.
ACTION: Heard. No reportable action taken.
16-J: Conference with Legal Counsel - Existing Litigation: Palisades Beach Property Owners Association v. State of California Department of Transportation, Case No. BC 220 026.
ACTION: Not heard.
16-K: Conference with Legal Counsel - Existing Litigation: Pilar Rueda v. City of Santa Monica, Case No. SC 056 112.
Motion by Councilmember Holbrook, seconded by Councilmember McKeown, to approve payment of $43,549.81, equal to binding arbitration finding. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Feinstein, McKeown, Holbrook, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Rosenstein
16-L: Conference with Legal Counsel - Anticipated Litigation: Number of Cases: Five.
ACTION: Three cases heard.
16-M: Public Employee Evaluation. Employee Title: City Attorney.
Motion by Councilmember Holbrook, seconded by Councilmember Bloom, to increase salary of City Attorney to $157,000.00 per year. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Feinstein, McKeown, Holbrook, Mayor Genser
NOES: None
ABSTAIN: Mayor Pro Tem O'Connor
ABSENT: Councilmember Holbrook
16-N: Conference with Real Property Negotiators:
Property: 1819 Ocean Avenue
City Negotiator: Mark Richter
Owners of Record: Sunstone Hotel Investors
Under Negotiation: Terms and conditions of lease.
ACTION: Heard. No reportable action
On the order of the Mayor, the City Council adjourned at 11:55 p.m., in memory of Irvin Edelstein.
ATTEST:
Maria M. Stewart
City Clerk
APPROVED:
Ken Genser
Mayor