CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 25, 2003
A regular meeting of the
Santa Monica City Council was called to order by Mayor Bloom at 5:55 p.m., on
Tuesday, November 25, 2003, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor
Pro Tem Kevin McKeown
Councilmember
Michael Feinstein
Councilmember
Ken Genser
Councilmember
Robert T. Holbrook (arrived at 7:00 p.m.)
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 5:55 p.m., with Councilmember Holbrook absent. Councilmember Genser 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.
Member of the public Joey
Fullmer expressed various concerns. At
the request of Councilmember Genser, Item 1-C was removed from the Consent
Calendar.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Feinstein, to approve all items on the Consent Calendar as presented except Item
1-C, reading resolutions and ordinances by title only and waiving further
reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers O=Connor, Genser, Katz, Feinstein, Mayor Pro Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook
MINUTES
1-A: The minutes of October 14, 2003, City Council meeting,
were approved as presented.
4TH STREET
IMPROVEMENTS
1-B: Fourth Street Neighborhood Traffic and Water Main Improvement
Project - recommendation to authorize the City Manager to negotiate and
execute Contract No. 8297 (CCS) with Majich Brothers, in the amount of
$1,503,555, for construction of the project; and, an amendment to Contract No.
7788 (CCS) with DMR Team, in the amount
of $110,000, for construction management and inspection services, was approved.
2225 4TH
STREET
1-D: Statement of Official Action for existing neighborhood market
located at 2225 4th Street, was approved.
672 MARINE STREET
1-E: Statement of Official Action for nonconforming neighborhood
market located at 672 Marine Street, was approved.
DUMP TRUCKS
1-F: Purchase of dump trucks B recommendation to award Bid No. 2858 to Boerner
Truck Center, in the amount of $328,350.40, to furnish and deliver two CNG
powered dump trucks, was approved.
REJECTION OF BID
1C: Recommendation to reject Bid No. 2869 to
furnish electronic parking meter mechanisms and housings, and direct staff to
reissue a modified request for proposals, was presented.
Councilmember Genser advised
he removed this item from the Consent Calendar to request that Council be
presented with preliminary information on available types of parking meter
mechanisms and possibly a brief study session.
Staff advised that preliminary information would be provided to
Councilmembers.
Motion by Councilmember
Genser, seconded by Councilmember Katz,
to approve staff=s recommendation.
The motion was unanimously approved by the following vote:
AYES: Councilmembers O=Connor, Genser, Katz, Feinstein, Mayor Pro Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Holbrook
CLOSED SESSIONS:
On order of the Mayor, the
City Council recessed at 6:19 p.m., to consider closed sessions and reconvened
at 6:58 p.m., with Councilmember Holbrook absent, to report the following
action taken:
2-A: Conference with Labor Negotiator:
City
Negotiator: Karen Bancroft,
Director
of Human Resources
Bargaining
Units: Administrative Team Association
(ATA)
Supervisors
Team Associates (STA)
ACTION: Heard.
See Items 11-A and 11-B.
2-C: Conference with Legal Counsel B Existing Litigation: Gregory Beauchamp v. City of Santa Monica, Case No. SC
075366.
Motion by Councilmember O=Connor, seconded by Mayor Pro Tem McKeown, to approve settlement in the amount of
$30,000.00. The motion was approved by
the following vote:
AYES: Councilmembers O=Connor, Genser, Katz, Feinstein, Mayor Pro Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Holbrook
2-D: Conference with Legal Counsel B Existing Litigation: Maria Stathas v. City of Santa Monica, Case No. SC 072
959.
Motion by Councilmember
Feinstein, seconded by Councilmember O=Connor, to
approve settlement in the amount of $60,000.00. The motion was approved by the following vote:
AYES: Councilmembers Feinstein, Katz,
Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Holbrook
2-E: Conference with Legal Counsel B Existing Litigation: Irving Pell v. City of Santa Monica, Case No. SC 076 020.
ACTION: Not heard.
2-F: Conference with Legal Counsel B Existing Litigation: Enayati v. City of Santa Monica, Case No. SS 011 735
ACTION: Heard.
No reportable action taken.
2-G: Conference with Legal Counsel - In re Heard Communications,
Inc., USBC, Case No. 02-32088 (DHS).
ACTION: Not heard.
2-H: Conference with Legal Counsel B Existing Litigation: Patricia Gordon v. City of Santa Monica, Case No. BC 286
030.
ACTION: Not heard.
2-I: Conference with Legal Counsel B Existing Litigation: Russell Bernard v. City of Santa Monica, Case No. BC 281
367.
ACTION: Not heard.
2-J: Conference with Legal Counsel B Anticipated Litigation:
Number of cases: Five.
ACTION: Three cases heard. No reportable action taken.
ADMIN. PROCEEDINGS:
Councilmember Holbrook
arrived at 7:15 p.m.
1311 CENTINELA
6-A: Appeal of Planning Commission=s approval of Design Compatibility Permit, for
project located at 1311 Centinela B recommendation to adopt Resolution No. 9904
entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING
FINAL NEGATIVE DECLARATION, AND DENY APPEAL AND UPHOLD PLANNING COMMISSION=S APPROVAL OF THE DESIGN COMPATIBILITY PERMIT BASED
ON THE PROPOSED FINDINGS AND CONDITIONS,@ was presented.
Appellant Keva Rosenfeld,
and architect Exal Gambel spoke in support of the appeal. Member of the public Jim Wynn spoke in
support of the appeal.
Members of the public Mary
Lightfoot, Mary Hirsch and Brett Daniels spoke in opposition to the appeal.
Motion by Mayor Pro Tem
McKeown, to remand project to the
Planning Commission for redesign.
Motion died for lack of a second.
Motion by Councilmember
Genser, seconded by Councilmember O=Connor, to
deny appeal, uphold decision and adopt resolution, reading by title only
and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers O=Connor, Holbrook, Genser, Katz, Feinstein, Mayor
Bloom
NOES: Mayor
Pro Tem McKeown
ABSENT: None
ORDINANCES:
NOISE ORDINANCE
7-A: Introduction and first reading of an ordinance amending the
City=s Noise Ordinance, Chapter 4.12 of the Municipal
Code, and authorization for the
addition of one Code Compliance Officer, was presented.
Members of the public A.
Holcomb, Dan Stuart, Reina Alvarez, Ellen Brennan and Michal Golan spoke in
favor of the proposed ordinance and provided additional suggestions.
Members of the public Jerry
Rubin, Gary Gordon, and Jeff Sklar spoke in opposition to the proposed
ordinance.
Members of the public Sharon
O=Rourke, representing the Gas Company, and Mark Olsen
representing Edison, discussed various potential problems to their respective
utility presented by the proposed ordinance and spoke in support of
cooperation.
Motion by Councilmember
Genser, seconded by Mayor Pro Tem McKeown, to introduce the ordinance for first reading, reading by title only
and waiving further reading thereof.
Discussion ensued on the
merits of the ordinance.
Substitute motion by
Councilmember Katz, to hold proposed
ordinance in abeyance. The motion died
by lack of a second.
Substitute motion by
Councilmember Feinstein, seconded by Council-member O=Connor, to
direct staff to return with a revised ordinance excluding the shift from noise generator to noise receptor and
amending Section 4.12.100 so that the underscored portion reads Aunless this device is only audible through
headphones or earphones.@ The motion
was approved by the following vote:
AYES: Councilmembers Feinstein, Katz,
Holbrook, O=Connor
NOES: Councilmember
Genser, Mayor Pro Tem McKeown, Mayor Bloom
ABSENT: None
Councilmember Genser stated,
for the record, that he voted in opposition because he believes it is
government at its worse. That although
it appears that Council is passing an ordinance, the ordinance as written will
not modify the standard that currently exists that is not enforceable. He added that the effect of the ordinance,
if passed, will only be window dressing and will be leaving things in the
current state of unenforceablility.
Mayor Pro Tem McKeown
stated, for the record, that he voted in opposition because he believes the
action was just a ploy to screen inaction to protect residents.
DISCUSSION TO CONTINUE
ITEMS
Discussion ensued on the
lateness of the hour. It was the consensus
of Councilmembers, and on order of the Mayor, that the meeting will be
continued to Tuesday, December 2, 2003, to consider items 7-B, 8-A, 8-B, and
8-C, and the remaining items will be considered on this date.
RESOLUTIONS:
ATA MOU
11-A: Resolution No. 9906 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
ADMINISTRATIVE TEAM ASSOCIATES,@ was presented.
Motion by Councilmember
Katz, seconded by Mayor Pro Tem McKeown, to adopt resolution, reading by title only and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers O=Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro
Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
STA MOU
11-B: Resolution No. 9907 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SUPERVISORY
TEAM ASSOCIATES,@ was presented.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Katz, to adopt resolution, reading by title only and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers O=Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: None
EMISSION REDUCTIONS
13-A: Request of Councilmember Feinstein that the
City Council send a letter to the U.S. Environmental Protection Agency (EPA)
and other appropriate officials, requesting that the U.S. EPA commit to further
air pollution emission reductions from federally regulated sources and that the
EPA delegate more authority to Southern California to control emissions from
these sources.
On order of the Mayor, this
matter was continued to December 9, 2003.
PLANNING COMMISSION
13-B: Appointment to one special vacancy on the Planning Commission
for a term ending June 30, 2004.
On order of the Mayor, this
matter was continued to December 9, 2003.
COMMISSION FOR SENIOR
COMMUNITY
13-C: Appointment to one special vacancy on the Commission for the
Senior Community for a term ending June 30, 2006.
On order of the Mayor, this
matter was continued to December 9, 2003.
PERSONNEL BOARD
13-D: Appointment to one annual vacancy on the Personnel Board for a
term ending June 30, 2008, and one special vacancy for a term ending June 30,
2006.
On order of the Mayor, this
matter was continued to December 9, 2003.
ARB
13-E: Appointment to one annual vacancy on the Architectural Review
Board for a term ending June 30, 2007.
On order of the Mayor, this
matter was continued to December 9, 2003.
PIER RESTORATION
CORPORATION
13-F: Appointment to three annual vacancies on the Pier Restoration
Corporation with terms ending November 13, 2007.
On order of the Mayor, the
floor was opened for nominations.
Councilmember Genser nominated all three incumbents, Cindy Bendat, Jean
McNeil-Wyner and Linda J. Sullivan, with Ms. Sullivan reappointed to a third
full term with a majority of the vote.
The incumbents were appointed by acclamation, with all members present.
SOCIAL SERVICES
COMMISSION
13-G: Appointment to one special vacancy on the Social Services
Commission for a term ending June 30, 2006.
On order of the Mayor, this
matter was continued to December 9, 2003.
SMOKING ON BEACH AND PIER
13-H: Request of Mayor Bloom that the City Council direct staff to
review city policy regarding regulation of smoking and to return with a
proposed ordinance banning smoking on public beaches and on the Santa Monica
Pier, was presented.
Motion by Mayor Bloom,
seconded by Councilmember Katz, to
approve request and to include the Pier Restoration Corporation in the review
process. The motion was approved by
voice vote, with Councilmember O=Connor voting in opposition, and all members present.
SUPPORT FOR HIGH SCHOOL
STUDENTS
13-I: Request of Mayor Pro Tem McKeown that the Council support and
encourage fund-raising efforts for a delegation of Santa Monica High School
students representing Samohi at the January 2004 World Social Forum in Mumbai,
India, with a matching grant from the Council discretionary fund to the Samohi
Associated Student Body, was presented.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Katz, to approve $2,500 in matching funds.
The motion was approved by the following vote:
AYES: Councilmembers Genser, Katz,
Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmembers
O=Connor, Holbrook
ABSENT: None
PROPOSITION AR@AFFORDABLE HOUSING GOALS
13-J: Request of Mayor Pro Tem McKeown and Councilmember Genser that
Council direct staff to prepare an ordinance effective November 25, 2003, to
facilitate meeting Proposition R affordable housing goals through permit
streamlining incentives or through other incentives, fees or requirements,
was presented.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Genser, to approve request. The motion
was unanimously approved by voice vote, with all members present.
RECESS TO TUESDAY,
DECEMBER 2, 2003
On order of the Mayor, the
City Council recessed at 12:10 a.m., to Tuesday, December 2, 2003, at 5:45 p.m.
COUNCIL MEETING
RECONVENED
On order of the Mayor, the
regular City Council meeting reconvened on Tuesday, December 2, 2003, at 5:50
p.m., with Councilmembers Feinstein, Holbrook and O=Connor absent.
BOOTLEG UNITS
7-B: Introduction and first reading of an
interim ordinance waiving certain development standards for rental units which
were built or created without permits and registered with the rent control
board prior to April 22, 2003, was presented.
Members of the public Jeff
Sklar and Kevin Kozal spoke in support of the proposed ordinance.
Motion by Councilmember
Genser, seconded by Councilmember Katz,
to introduce the ordinance, reading by title only and waiving further reading
thereof, amending page 9 or the ordinance, subsection (b) so that the first
sentence reads: AA rental unit exempt from set back and density
requirements pursuant to subsection (a) of this Section shall be
required to provide parking for the unit pursuant to . . . unless the City=s Parking and Traffic Engineer determines that the
provision of parking is not feasible.@
The motion was approved by
the following vote:
AYES: Councilmembers Genser, Katz, Mayor
Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
O=Connor, Holbrook, Feinstein
CLOSED SESSIONS
Councilmember Holbrook
arrived at 7:00 p.m.
On order of the Mayor, the
City Council recessed at 6:19 p.m., to hear the following closed session and
returned at 6:58 p.m., with Councilmember Feinstein absent, to report the
following:
2-B: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Genser, to approve Settlement Contract No. 8298 (CCS) of $5,000,000.00 cash
payment to the City from Unocal. The motion
was approved by the following vote:
AYES: Councilmembers Katz, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook, Feinstein
STAFF ITEMS:
MIRAMAR HOTEL
8-A: Proposed Development Agreement for the Fairmont Miramar Hotel
B recommendation to hold discussion and provide
direction regarding the project=s potential public benefits and the appropriateness
of entering into a Development Agreement for the redevelopment of this site,
was presented.
Members of the public
Darrell Clarke and Arthur Harris discussed various issues pertinent to the
recommendation.
Discussion ensued regarding
the project, its benefits, and its effect on residents and the public. Staff answered questions of Councilmembers.
Motion by Councilmember
Holbrook, seconded by Mayor Pro Tem McKeown, to enter into negotiations for a development agreement considering the
public input and Council comments, and assisting in the public process. The motion was approved by the following
vote:
AYES: Councilmembers Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember
Katz
ABSENT: Councilmember
Feinstein
Councilmember Katz stated,
for the record, that he voted no, not because he is concerned with the
Development Agreement, but that the initial concept should have something or a
portion that Council agrees with, and he is concerned that the final product
will be what has been presented.
1319 PALISADES BEACH ROAD
8-B: Proposed Development Agreement for project at 1319 Palisades
Beach Road B recommendation to hold discussion and provide
direction regarding the project=s potential public benefits and the appropriateness
of entering into a Development Agreement for the redevelopment of this site,
was presented.
Property owner M. McLure
spoke in support of the recommendation.
Member of the public Darrel Clarke expressed his opinion and concerns
regarding this project.
Motion by Councilmember
Genser, seconded by Mayor Pro Tem McKeown, to approve staff recommendation and enter into negotiations for a
development agreement, retaining rent control affordability for a specific
length of time. The motion was approved
by the following vote:
AYES: Councilmembers O=Connor, Holbrook, Genser, Katz, Mayor Pro Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Feinstein
DEVELOPMENT-RELATED FEES
8-C: Consideration of development related fees for certain
discretionary permits related to Commercial Uses B recommendation
to hold a public hearing; accept the proposed fee study; adopt Resolution No. 9905 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA SETTING FEES
FOR THE PROACTIVE MONITORING OF CONDITIONAL USE, DEVELOPMENT REVIEW AND
PERFORM-ANCE STANDARDS PERMITS FOR COMMERCIAL USES@; and authorize three new positions, as proposed, was
presented.
There was no one present for
public comment.
Motion by Councilmember
Genser, seconded by Mayor Bloom, to
adopt resolution, reading by title only and waiving further reading thereof;
amended to approve new program to apply to new discretionary permits; for
existing businesses there is to be one round of inspections for all, and
subsequently staff to provide status report to consider if modification is
needed; for non-compliant businesses, keep re-inspecting until there is
compliance; for existing businesses in compliance, inspect a percentage on a random
basis, noting that the program is not to penalize those in compliance; and,
approving up to three of the positions requested. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser,
Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Feinstein
PUBLIC INPUT
Member of the public Art
Casillas discussed matters related to the Police Department.
ADJOURNMENT:
On order of the Mayor, the
City Council meeting was adjourned Tuesday, December 2, 2003, at 9:20 p.m., to
December 9, 2003, in memory of Gloria Richter Cohen and Alejandra Galvan.
ATTEST: APPROVED:
Maria
M. Stewart Richard
Bloom
City
Clerk Mayor