CITY OF SANTA MONICA

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

DECEMBER 9, 2003

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50 p.m., on Tuesday, December 9, 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 6:58 p.m.)

Councilmember Pam O=Connor

Absent: Councilmember Herb Katz

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

Acting City Clerk Melodi A. Pearson

CONVENE/PLEDGE

On order of the Mayor, the City Council convened at 5:50 p.m., with Councilmembers Holbrook and Katz absent. Assistant to the City Manager, Kate Vernez, 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 Mayor Pro Tem McKeown, Item 1-F was removed from the Consent Calendar.

Motion by Councilmember Feinstein, seconded by Councilmember O=Connor, to approve all items on the Consent Calendar as presented, except Item 1-F, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmembers, Holbrook, Katz

MINUTES

1-A: The minutes of October 15, 16, and 28, 2003, City Council meetings were approved as submitted.

MILLS ACT

1-B: Mills Act Historic Property Preservation Agreements - recommendation to adopt Resolution No. 9910 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANT MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT CODE SECTION 50280 WITH THE OWNER OF PROPERTY LOCATED AT 2402 FOURTH STREET #3 (HOLLISTER COURT) IN SANTA MONICA,@ Resolution No. 9911 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA TO EXECUTE A HISTORICAL PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY LOCATED AT 317 GEORGINA AVENUE (A. MCFADDEN RESIDENCE) IN SANTA MONICA,@ Resolution No. 9912 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY LOCATED AT 555 7^TH STREET (THE FONES RESIDENCE) IN SANTA MONICA,@ Resolution No. 9913 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY LOCATED AT 2607 THIRD STREET IN SANTA MONICA,@ Resolution No. 9914 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY LOCATED AT 502 RAYMOND AVENUE (CRAFTSMAN BUNGALOW) IN SANTA MONICA,@ and authorize the City Manager to execute Historic Property Preservation Contracts Nos. 8299 (CCS), 8300 (CCS), 8301 (CCS), 8302 (CCS), 8303 (CCS) respectively with each of the property owners at 2402 4^th Street, #3, Georgian Avenue, 555 7^th Street, 2607 3^rd Street, and 502 Raymond, was approved.

TRUCK

1-C: Purchase of trucks - recommendation to award Bid No. 2868 to Sopp Chevrolet Truck Center, in the amount of $129,564.43, to furnish and deliver two trucks and dump bodies for Community and Cultural Services Department, was approved.

HOUSING SERVICES

1-D: Administration of Low Income Residential Repair Program B recommendation to authorize the City Manager to execute Contract No. 8304 (CCS) with Comprehensive Housing Services, to administer $300,000 of funds with a maximum of $60,000 in administrative fees, thought June 30, 2004, was approved.

923 20^TH STREET

1-E: Final Tract Map No. 53630 for project at 923 20th Street - recommendation to adopt Resolution No. 9915 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 53630 TO SUBDIVIDE A PROPERTY AT 923 20^TH STREET,@ was approved.

WESTSIDE CITIES MOBILITY STUDY

1-G: Westside Cities Mobility Study - recommendation to adopt Resolution No. 9916 (CCS) entitled: AA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONIC APPROVING IN CONCEPT THE WESTSIDE MOBILITY STUDY INITIATED BY THE WESTSIDE CITIES INCLUDING BEVERLY HILLS, CULVER CITY, SANTA MONICA, WEST HOLLYWOOD,@ and support of the Westside Cities= transportation needs, was approved.

BUSINESS LICENSE TAX DISCOVERY AND AUDIT SERVICES

1-H: Business License Tax Discovery and Audit Services - recommendation to authorize the City Manager to negotiate and execute Contract No. 8305 (CCS) with MBIA MuniServices Company to provide business license tax discovery and audit services, was approved.

REJECTION OF BID

1-I: Rejection of bid to furnish dump truck - recommendation to reject Bid No. 2861 to furnish and deliver one dump truck and direct staff to research the open market for possible competitive bids, was approved.

GRANT APPLICATIONS

1-F: Applications for various grant funds - recommendation to adopt Resolution No. 9908 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING AN APPLICATION FOR GRANT FUNDS FOR THE MURRAY-HAYDEN PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002 FOR THE VIRGINIA AVENUE PARK YOUTH CENTER INTERIOR IMPROVEMENTS,@ and Resolution No. 9909 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING AN APPLICATION FOR GRANT FUNDS FOR THE URBAN PARK ACT OF 2001 PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002 FOR THE INSTALLATION OF SYNTHETIC TURF AS PART OF THE PLANNED AIRPORT PARK PROJECT,@ was presented.

Mayor Pro Tem McKeown advised he removed this item from the Consent Calendar because it had two separate grant applications, one of which involves an issue which he thinks the community should have some dialogue on before the City enters into the grant application.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to adopt Resolution No. 9908 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmembers Katz, Holbrook

Motion by Councilmember Genser, seconded by Mayor Bloom, to table the approval of the second application until later in the meeting when all Councilmembers are present. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

CLOSED SESSIONS:

Councilmember Holbrook arrived at 6:58 p.m.

On order of the Mayor, the City Council recessed at 6:03 p.m., to hear closed sessions and returned at 7:00 p.m., with Councilmember Katz absent, to report the following:

2-A: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. SS 068 384.

ACTION: Not heard.

2-B: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. SS 011 585.

ACTION: Heard. No reportable action taken.

2-C: Conference with Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 04CC04331.

ACTION: Not Heard.

2-D: Conference with Legal Counsel - Anticipated Litigation. Number of cases: Seven:

ACTION: Seven cases heard. No reportable action taken.

2-E: Conference with Legal Counsel - In re Heard Communications, Inc., USBC, Case No. 02.32088 (DHS).

ACTION: Heard. No reportable action taken.

SPECIAL AGENDA ITEMS:

4-A: Recognition of the Santa Monica Fire Department for its assistance to other communities during the October 2003 Southern California brush fires.

Mayor Bloom and Fire Chief Hone conveyed their appreciation of the work preformed by the Santa Monica Fire Department during the California brush fires.

GRANT APPLICATIONS CONTINUED

Councilmember Holbrook being present, on order of the Mayor, discussion on Item 1-F continued.

1-F: Applications for various grant funds - recommendation to adopt Resolution No. 9909 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING AN APPLICATION FOR GRANT FUNDS FOR THE URBAN PARK ACT OF 2001 PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002 FOR THE INSTALLATION OF SYNTHETIC TURF AS PART OF THE PLANNED AIRPORT PARK PROJECT,@ was presented.

Motion by Councilmember Genser, seconded by Councilmember O=Connor, to adopt Resolution No. 9909 (CCS), reading by title only waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers O=Connor, Holbrook, Genser, Mayor Bloom

NOES: Councilmember Feinstein, Mayor Pro Tem McKeown

ABSENT: Councilmember Katz

Councilmember Feinstein, stated for the record, that he voted in opposition because while he shares the goal of sufficient community playing fields, he believes that there was not a sufficient public process in keeping with the community=s values, and moving ahead in the process in this manner unduly prejudices the final decision and potentially commits us to an unecological course of action for our community.

Mayor Pro Tem McKeown, stated for the record, that his Ano@ vote

was because having money for a project predisposed the eventual decision and this is a case where there should have been the opportunity for prior public discussion of whether or not to have artificial turf.

ORDINANCES:

PUBLIC RIGHT-OF-WAY; VESTIBULES

7-A: Introduction and first reading of an interim ordinance authorizing businesses to place furniture, portable landscaping, and cigarette disposal receptacles within the public right-of-way, and the display of merchandise in private vestibules, was presented.

Members of the public Joey Fullmer, Laura Owen, Gary Gordon, Sharyar Nehorai, Joe Pipersky, Ian Daniels, Jane Walker, John Benrotti and Brian Heinen spoke in favor of the proposed ordinance, but suggested some modification in height requirements and minor language changes. Member of the public Chuck Allord spoke against the ordinance.

Motion by Councilmember O=Connor, seconded by Councilmember Feinstein, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof.

Motion to amend by Councilmember Feinstein, to modify the height to 42" - 60" restrictions for all merchandise displays for properties zoned CM or zoned C2 on Montana Avenue, in the proposed ordinance. This amendment was friendly to the maker.

Motion to amend by Councilmember Holbrook, duly seconded, to allow one object to be at least 60" tall and 36" wide and that everything else should be no higher than 42", as proposed by staff. The amendment was approved by the following vote:

AYES: Councilmembers Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES: Councilmember Feinstein

ABSENT: Councilmember Katz

The City Attorney read into the record that the main motion, as amended to modify page four, section (d) and (1) reads: A(d) The following use shall be permitted outside an enclosed building on properties zoned CM or zoned C2 on Montana Avenue: (1) Outdoor display of merchandise entirely within the covered vestibule area of a retail establishment provided that the display does not exceed 60 inches in height, 36 inches in width and 36 inches in depth and is removed from the vestibule when the business is closed...@. The main motion, as amended, was approved by the following vote:

AYES: Councilmembers O=Connor, Holbrook, Feinstein, Mayor Pro Tem McKeown

NOES: Councilmember Genser, Mayor Bloom

ABSENT: Councilmember Katz

Motion by Councilmember Feinstein, seconded by Councilmember O=Connor, to direct staff to look at the definition of arcades for further clarification on the difference between vestibules and arcades. The motion was unanimously approved by voice vote, with Councilmember Katz absent.

DEVELOPMENT REVIEW THRESHOLDS

7-B: Introduction and first reading of an ordinance amending Chapter 9 of the Santa Monica Municipal Code to modify development review thresholds and to exempt certain housing projects from the modified development review thresholds, was presented.

Members of the public Joey Fullmer, Craig Jones, Allen Freeman, spoke in favor of the proposed ordinance. Member of the public Linda Armstrong spoke against the proposal.

Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to introduce the ordinance, reading by title only and waiving further reading thereof, and amended to delete the paragraph: [The affordable housing units required to qualify for the exemption from the development review threshold established by subsections (a) or (c) of this Section may be provided off-site if the units are developed in accordance with the requirements of Section 9.56.060.] from page 49, Section 11, paragraph (d). The motion, was approved by the following vote:

AYES: Councilmembers Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: Councilmembers O=Connor, Holbrook

ABSENT: Councilmember Katz

Councilmember Holbrook, stated for the record, that he voted Ano@ because although he was told by staff in absolute certainty, that if the Council adopted this ordinance it could provide more housing for the poorest and other moderate and low income people in our community, he doesn=t feel that this ordinance will give that opportunity to those groups. He added that he thinks that Council has erred in judgement.

Motion by Mayor Bloom, seconded by Councilmember Holbrook, to reconsider the proposed ordinance by adding back into the ordinance Section 11, paragraph (d). The motion failed by the following vote:

AYES: Councilmember Holbrook, Mayor Bloom

NOES: Councilmembers, Feinstein, Genser, O=Connor, Mayor Pro Tem McKeown

ABSENT: Councilmember Katz

REAL ESTATE: DISCLOSURE OF HISTORICAL RESOURCES

7-C: Introduction and first reading of an ordinance adding Chapter 9.60 to the Municipal Code to require owners or selling agents of real property to disclose when the property is designated as historic resources or listed on the City=s inventory of historic resources, was presented.

Members of the public Tom Cleys and Roger Genser spoke in support of the proposed ordinance.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to introduce the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers O=Connor, Holbrook, Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember Katz

PRIVATE DINNING FACILITIES

7-D: Introduction and first reading of an ordinance to amend Chapter 9 of the Municipal Code to authorize the addition of private dining facilities to existing restaurants on Main Street under specific circumstances, pursuant to a Conditional Use Permit, was presented.

The following members of the public spoke in support of the proposed ordinance: Laura Owens, Gertrude Nord, Wolfgang Puck, Bella Lautsman, Rosalyn Deening, Davida Raffa, Clifton Patterson, Anna Stzanese, Seymour Cassel, Geneva Kandale, Roger Genser, Lynne Seeley, Casey Pepe, John Endicott, Linn Wile, Lynn O=Hare, Sharyar Nehorai, Bill Lambert, and Leonor Lambert. Members of the public Christopher Harding and Kevin Koza spoke in support, but with some language changes.

Motion by Councilmember Genser, seconded by Mayor Bloom, to introduce the ordinance, reading by title only and waiving further reading thereof, amended to rewrite page nine, section (m) of the ordinance to read: ASubject to a Conditional Use Permit, restaurants in existence as of December 9, 2003, may add a private dining facility. Any such conditional use permit shall encompass both the existing restaurant and the private dining facility...@ The motion, was approved by the following vote:

AYES: Councilmembers Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES: Councilmember Feinstein

ABSENT: Councilmember Katz

Councilmember Feinstein stated, for the record, that his Ano@ vote was because he believes such changes need to be made in a responsible comprehensive manner in terms of revising the Main Street Plan, and not through spot zoning for an individual business.

RECESS:

On order of the Mayor, the City Council recessed at 10:20 p.m., and reconvened at 10:27 p.m., with Councilmember Katz absent.

ALCOHOL CONDITIONAL USE PERMITS

7-E: Introduction and first reading of an interim ordinance clarifying that business establishments with alcohol Conditional Use Permits (CUP=s) must obtain new alcohol CUP=s if the establishment ceases operating for a period in excess of one year, was presented.

Member of the public Anita Holcomb spoke in opposition of the proposed ordinance.

SPECIAL JOINT MEETING:

On order of the Mayor, the regular City Council meeting was recessed and a joint meeting with the Redevelopment Agency convened at 10:31 p.m. to consider Item 8-B, with Councilmember Katz was absent. And reconvened to the City Council Meeting at 10:31 p.m. to continue with Item 7-E.

Motion by Councilmember Genser, seconded by Councilmember Feinstein to introduce the ordinance reading by title only and waiving further reading thereof, and amending to rewrite Section 2 at the top of page four to read: AExisting premises shall not be considered to be operating continuously and a conditional use permit shall be required where operations have been discontinued for a period of over one year except that, for premises in the CM District, the time period shall be six months. Existing premises where operations have been discontinued for a period of over one year, or six months in the case of premises in the CM District, shall be required...@ The motion, was approved by the following vote:

AYES: Councilmembers O=Connor, Holbrook, Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember Katz

STAFF ADMIN. ITEMS:

Councilmember Holbrook was excused at 10:50 p.m.

VILLAGE AT PLAYA VISTA

8-A: Recommendation to consider adopting a formal position on the proposed Village at Playa Vista, the second phase of development at Playa Vista, was presented.

Members of the public John Reynolds, Jonathan Arthur, Tom Francis, Tom Cleys, Kathy Knight, Judith Davis, Zina Josephs and L. Roennau spoke against the second phase of development at Playa Vista.

Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to direct staff to write a letter to the City of Los Angeles on the draft EIR, stating Council=s opposition to the second phase of development at Playa Vista, incorporating comments from the Environmental Task Force and Planning Commission, and including inadequate study of traffic impacts on Santa Monica. The motion was approved by the following vote:

AYES: Councilmember Feinstein, Genser, Mayor Pro Tem McKeown, Mayor Bloom

NOES: Councilmember O=Connor

ABSENT: Councilmembers Holbrook, Katz

Motion by Councilmember Feinstein, seconded by Mayor Bloom, to direct the City Attorney to evaluate whether mitigations from the development=s first phase were implemented and if not, are there any options for Santa Monica to pursue. The motion was approved by voice vote, with Councilmembers Holbrook and Katz absent.

RECONVENED SPECIAL JOINT MEETING

On order of the Mayor, the City Council meeting recessed and the Special Joint Meeting of the City Council and Redevelopment Agency reconvened at 11:38 p.m., with Councilmembers Holbrook and Katz absent.

CIVIC CENTER SPECIFIC PLAN

8-C: Development of Village component of the Civic Center Specific Plan - recommendation that City Council and Redevelopment Agency provide input on the proposed developer selection processes for the Civic Center Village, was presented.

There was no one present for public comment.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to approve staff recommendations. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmembers Holbrook, Katz

ADJOURNMENT OF SPECIAL MEETING

On order of the Mayor, the Special Joint Meeting was adjourned and the regular City Council meeting reconvened at 11:53 p.m., with Councilmembers Holbrook and Katz absent.

COUNCIL ITEMS:

COMMISSION FOR THE STATUS OF WOMEN

13-A: Appointment to one special vacancy on the Commission for the Statue of Women for a term ending June 30, 2007.

On order of the Mayor, this matter was continued to December 16, 2003

RESIGNATION

13-B: Acceptance of James Rosenfield=s letter of resignation from the Landmarks Commission, and authorization for City Clerk to publish vacancy, was presented.

Motion by Councilmember Genser, seconded by Mayor Bloom, to accept the letter with regrets and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with Councilmembers Katz and Holbrook absent.

AIR POLLUTION EMISSION REDUCTIONS

13-C: 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 there sources, was presented.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

PLANNING COMMISSION

13-D: Appointment to one special vacancy on the Planning Commission for a term ending June 30, 2004.