CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 10, 2004
A regular meeting of the
Santa Monica City Council was called to order by Mayor Bloom at 5:50 p.m., on
Tuesday, February 10, 2004, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor
Pro Tem Kevin McKeown
Councilmember
Michael Feinstein
Councilmember
Ken Genser (arrived at 6:10 p.m.)
Councilmember
Robert T. Holbrook (arrived at 7:14 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 5:50 p.m., with Councilmembers Genser and Holbrook
absent. Bob Trimborn, Airport Manager,
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
Fuller expressed various concerns.
Councilmember Katz requested
Items 1-A and 1-B be removed from the Consent Calendar.
Motion by Councilmember O=Connor, seconded by Councilmember Feinstein, to approve all items on the Consent Calendar as
presented except Items 1-A and 1-B, reading resolutions and ordinances by title
only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers
O=Connor, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor
Bloom
NOES: None
ABSENT: Councilmembers
Holbrook, Genser
2012-24 AND 2021-29 MAIN
STREET
1-C: Resolution No. 9924 (CCS) entitled: AA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING A FINAL PARCEL MAP NO. 25566 TO MERGE PARCELS TO
CREATE TWO PARCELS AT 2012-24 MAIN STREET AND 2021-29 MAIN STREET,@ was approved.
LEASE AIRPORT SPACE
1-D: Lease Agreement for space at the Santa Monica Airport B recommendation to authorize the City Manager to
negotiate and execute Lease Agreement No. 8322 (CCS), with Angel Flight West,
Inc., for a period of five years and a five-year option, was approved.
LINCOLN HOLIDAY
1-E: Resolution No. 9925 (CCS) entitled: AA RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF UNDERSTANDING
BETWEEN THE MUNICIPAL EMPLOYEES ASSOCIATION REGARDING ADMINISTRATION OF SECTION
4.01 (HOLIDAYS) OF THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA
MONICA AND THE MUNICIPAL
EMPLOYEES ASSOCIATION,@ was approved.
MINUTES
Councilmember Katz advised
he had removed this item from the Consent Calendar because he wished to abstain
on the minutes of December 9, 2003, as he was absent for that meeting.
1-A:_
The minutes of the July 30, December 9, and December 16,
2003, and January 13, 2004,
City Council meetings, were approved as presented.
Motion by Councilmember
Feinstein, seconded by Mayor Bloom,
to approve the minutes as presented.
The minutes were unanimously approved, with Councilmember Katz
abstaining from the December 9, minutes and Councilmembers Genser and Holbrook
absent.
PARK BUILDING REPLACEMENT
PROJECT
Councilmember Katz advised
he had removed this item from the Consent Calendar to request additional
information from staff regarding the issues related to the termination of the
contract, the balance of the work to be done, and the need to re-do any of the
work already done. Staff responded to
Councilmember Katz= questions.
1-B: Termination of contract and approval of new contracts for
Parks Building Replacement Project Phase 1 B recommendation to terminate Contract No. 8206 (CCS)
with Cohen Construction; waive public bidding procedures; authorize the City
Manager to negotiate and execute new Contract No. 8320 (CCS) with SKS
Construction, in the amount of $2,029,566, for completion of the project; and,
authorize the City Manager to negotiate and execute Contract No. 8321 (CCS),
with DMR Team, in the amount of $110,345, for inspection services, was
presented.
Motion by Councilmember O=Connor, seconded by Mayor Bloom, to approve staff recommendation. The motion was approved by the following
vote:
AYES: Councilmembers
O=Connor, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor
Bloom
NOES: None
ABSENT: Councilmembers
Holbrook, Genser
EMERGENCY ITEM ADDED TO AGENDA
Motion by Mayor Bloom,
seconded by Councilmember Feinstein,
to add an item of emergency to the agenda that arose after preparation of the
agenda and on which action needs to be taken before the next scheduled
meeting. The motion was unanimously
approved by voice vote, with Councilmembers Holbrook and Genser absent.
USE OF COUNCIL CHAMBERS
Request of use of Council
Chamber by the California Regional Water Quality Control Board on February 26,
2004, and request to waive the fee, was
presented.
Motion by Councilmember
Feinstein, seconded by Councilmember O=Connor, to
approve the request. The request was
unanimously approved by voice vote, with Councilmembers Holbrook and Genser
absent.
CLOSED SESSIONS
Councilmember Genser
arrived at 6:10 p.m.
Councilmember Holbrook
arrived at 7:14 p.m.
On order of the Mayor, the
City Council recessed at 6:05 p.m. to consider closed sessions, and reconvened
at 7:14 p.m., with all members present, to report the following:
2-A: Conference with Labor Negotiator:
City
Negotiator: Karen Bancroft, Director
of Human
Resources
Bargaining
Units: Management Team Associates
Santa
Monica Firefighters Local 1109
ACTION: Heard.
No reportable action taken.
2-B: Conference with Legal Counsel B Existing Litigation: City of
Santa Monica v. David
Levy, Case No. 2nd Civ.
B157587 City v. Shell Oil Co., Case No. 01CC 4331.
ACTION: Heard.
No reportable action taken.
2-C: Conference with Legal Counsel B Existing Litigation: Rita Santora v. City
of Santa Monica, Case No. SC 075 063.
ACTION: Not heard.
2-D: Conference with Legal Counsel B Anticipated Litigation.
Number
of cases: Eight.
Motion by Councilmember
Feinstein, seconded by Councilmember Katz, to approve settlement with Barney=s Beanery to allow an additional four months to open
their new restaurant on the Third Street Promenade. The motion was approved by the following votes:
AYES: Councilmembers O=Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
2-E: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331.
ACTION: Heard.
No reportable action taken.
2-F: Conference with Legal Counsel B Existing Litigation: Santa Monica Food Not Bombs v. City of Santa Monica,
District Court Case No. CV 03-0032 R (JTLx) (Appeal No. 03-56623).
ACTION: Heard.
No reportable action taken.
2-G: Conference with Legal Counsel B Existing Litigation: Abraham Supino v. City of Santa Monica, Case No. SC
080283.
ACTION: Not heard.
ORDINANCES:
NOISE REGULATIONS
7-A: Introduction and first
reading of an ordinance amending Municipal Code Chapter 4.12 regarding noise
regulations; adoption of Resolution No. 9926 (CCS) entitled: AA RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA
MONICA SETTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR CERTAIN
VIOLATIONS OF THE SANTA MONICA MUNICIPAL CODE, EFFECTIVE APRIL 1, 2004";
adoption of Resolution No. 9927 (CCS) entitled: AA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA REVISING PERMIT AND USER FEES RELATED TO AFTER HOURS CONSTRUCTION
PERMITS IN THE ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT AND PLANNING AND
COMMUNITY DEVELOPMENT DEPARTMENTS@; and authorization to add one Code Compliance
Officer for enforcement purposes,
was presented
Members of the public Danielle Guillou, William Floyd, Ellen Brennan,
Reina Alvarez, A. Holcomb, and Chuck Allord spoke in support of the proposed
ordinance.
Members of the public Gary Gordon, Kathy Dodson, Sharon O=Rourke and Mark Olsen spoke in opposition to the
proposed ordinance and made various suggestions.
Motion by Councilmember Genser, seconded by Mayor
Bloom, to introduce the ordinance,
amended to reflect the language presented at the November meeting.
Substitute motion by Councilmember O=Connor, seconded by Councilmember Katz, to introduce the proposed ordinance with lowered DB
levels to be measured at the receptor not at the source.
Discussion ensued over the points of the substitute motion. After considerable discussion, Councilmember
Katz withdrew his second.
Suzanne Frick, Director of Community Development and Planning
Department, read into the record the amendments necessary for the ordinance to
reflect the model referred to in the main motion, as follows: restoring the
transition zone, restoring the measurements from the receptor, with a
requirement that the measurement from receptor property is taken at least 25
feet back from the property line.
Motion to amend main motion by Councilmember Genser, to add the language read into the record and to
direct staff to return with a status report within eight months of
implementation. The amendment was
friendly to the seconder.
Motion to amend by Mayor Bloom, seconded by Councilmember
Katz, to allow utilities to begin
work at 7:00 a.m. The motion was
approved by the following vote:
AYES: Councilmember O=Connor, Holbrook, Katz, Mayor Bloom
NOES: Councilmembers Genser, Feinstein,
Mayor Pro Tem McKeown
ABSENT: None
Deputy City Attorney Barry Rosenbaum read into the record the
appropriate changes to the ordinance, as a result of the amendments, as
follows: Page 11, Section 4.12.040, the end of the last sentence will read A. . . if the noise standards established by this
chapter are exceeded in the Noise Zone where the measurement is taken.@ Page 15,
subsection ( c)(1) A. . . the Noise Zone where the measurement is taken.@ Subsection (
c)(2) A.. . . Noise Zone in which the measurement is taken ,
plus 20 dBA, for any period of time.@ There will
be a similar change in Section 4.12.120, page 26, subdivisions 1 and 2. The transition zone section, from the November
ordinance, will be added back. A
section will be added to reflect that the noise level measure-ment must be
taken at least 25 feet from the parcel line of the source of the noise. Section 4.12.070 related to churches,
libraries and health institutions be eliminated, the subsequent sections to be
renumbered and references to the section be deleted. Finally, add language to allow utilities to begin work at 7:00
a.m. The main motion, as amended, was
approved by the following vote:
AYES: Councilmembers Katz, Genser, Mayor
Pro Tem McKeown, Mayor Bloom
NOES: Councilmembers Feinstein, Holbrook,
O=Connor
ABSENT: None
Councilmember Feinstein requested to change his ANo@ vote to a AYes@ vote, for a final vote of 5 to 2 in favor.
Motion by Mayor Pro Tem McKeown, seconded by
Councilmember Genser, to adopt
resolution related to the schedule of fines, 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
Motion by Mayor Pro Tem McKeown, seconded by
Councilmember Genser, to adopt
resolution related to the schedule of fees, 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
Motion by Mayor Pro Tem McKeown, seconded by
Councilmember Genser, to approve the
addition of one Compliance Officer. The
motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser,
Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSTAIN: Councilmember O=Connor
ABSENT: None
STREET BANNERS
7-B: Discussion of City
policy of over-the-street banners, and introduction and first reading of an
ordinance amending Section 4.08.500 relating to the use of street banners; or,
introduction and first reading of an ordinance prohibiting the use of temporary
street banners except for City-produced or City co-produced cultural or civic
events, was presented.
The following members of the public spoke in favor of the use of street
banners and in opposition to the proposed ordinance: Kathy Dodson, Gary Gordon,
Beth Leder-Pack, and Jerry Rubin.
Motion by Councilmember Katz, to introduce an ordinance as proposed under option
three in the staff report, to allow street banners advertising permitted community
events, including City events. The
motion died for lack of a second.
Motion by Councilmember O=Connor, seconded by Councilmember Holbrook, to introduce the ordinance proposed under option
two in the staff report, allowing promotion of activities and events produced
or co-produced by the City.
Discussion ensued as to the definition of co-production and the roles
occupied by the Pier and the Third Street Promenade. Staff requested time to review Council=s concerns and return with appropriate language.
CHANGE IN ORDER OF AGENDA
On order of the Mayor, Items 11-B, 11-C, and 13-D to be considered while
staff reviews the issued cited above.
MTA MOU
11-B: Resolution No. 9928
(CCS) entitled: AA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING
WITH THE MANAGEMENT TEAM ASSOCIATES,@ was presented.
There was no one present for public comment.
Motion by Councilmember Feinstein, seconded by
Councilmember Katz, to adopt the
resolution, reading by title only and waiving further reading thereof. The motion was approved by the following
vote:
AYES: Councilmembers Feinstein, Katz,
Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
SMFFA MOU
11-C: Resolution No. 9929
(CCS) entitled: AA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE SANTA MONICA POLICE FIREFIGHTERS, LOCAL 1109,
IAFF,@ was presented.
There was no one present for public comment.
Motion by Councilmember Katz, seconded by
Councilmember Feinstein, to adopt
the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following
vote:
AYES: Councilmembers Feinstein, Katz,
Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
RESIGNATION
13-D: Acceptance of Diana
Sahagun=s letter of resignation from the Commission on the
Status of Women, and authorization for City Clerk to publish vacancy, was presented..
Motion by Councilmember Feinstein, seconded by
Councilmember Katz, to accept letter
with regrets and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice
vote with all members present.
RETURN TO ORDER OF AGENDA:
NOISE ORDINANCE CONT=D.
The City Attorney indicated the ordinance would change to read as
follows: The third AWhereas@ will have added at the end Aincluding events produced or co-produced by the City,
and not profit agents that manage the Pier and the Third Street Promenade.@ On page 2,
under Section 4.08.500, delete the words Acultural or civic.@ On page 3,
the last paragraph, the last sentence, to read: AFor purposes of this section, events and activities
produced by the Bayside District Corporation and the Pier Restoration Corporation
are classified as City-produced and may be promoted by banners over the Third
Street Promenade and the Pier, respectively.@ And a new
Section 2 to be added as follows: AThe language of this ordinance does not prohibit any
organization that has paid a deposit and reserved a banner as of February 10,
2004,@ and the subsequent sections to be renumbered.
The motion failed by the following vote:
AYES: Councilmembers Holbrook, O=Connor
NOES: Councilmembers Feinstein, Katz,
Genser, Mayor Pro Tem McKeown, Mayor Bloom
ABSENT: None
Mayor Bloom and Councilmember Genser requested to change their ANo@ votes to AYes@ votes. At
the request of the Mayor, another roll was called and the motion was approved
by the following vote:
AYES: Councilmembers O=Connor, Holbrook, Genser, Mayor Bloom
NOES: Councilmembers Katz, Feinstein,
Mayor Pro Tem McKeown
ABSENT: None
Councilmember Holbrook was excused at 12:30 a.m.
FOOD DISTRIBUTION
7-C: Introduction and first
reading of an ordinance amending Municipal Code Sections 5.06.010 and 5.06.020
relating to the distribution of food on City property, was presented..
Members of the public Viper Meade, Frank Tamborello, Rick Mantley, Randy Walberger, Christine, Ron Taylor,
Hillary Kaye and Jerry Rubin spoke in opposition to the proposed ordinance.
Member of the public Joey Fullmer, expressed various concerns and
volunteered suggestions.
Motion by Councilmember O=Connor, seconded by Councilmember Katz, to introduce the ordinance for first reading,
reading by title only and waiving further reading thereof. The motion was approved by the following
vote:
AYES: Councilmembers O=Connor, Genser, Katz, Mayor Bloom
NOES: Councilmember Feinstein, Mayor Pro
Tem McKeown
ABSENT: Councilmember Holbrook
Councilmember Feinstein stated, for the record, that he voted in
opposition because this action is cutting the legs out of food service for the
needy.
Mayor Pro Tem McKeown stated for the record that he voted in opposition
for the same reasons he voted in opposition last October.
REPORTS OF BOARDS AND COMMISSIONS:
10-A: Recommendation from the
Planning Commission that Council consider an update to the City=s traffic analysis methodology and technology as part
of the Circulation Element review.
On order of the Mayor, this matter was continued to February 24, 2004.
RESOLUTIONS:
11-A: Resolution Amending
Preferential Parking Zone MM (9th Street between Pico and the Santa
Monica Freeway, and Michigan Avenue, Bay Street, Grant Street, and Pacific Street
between Lincoln Boulevard and 10th Street) on currently regulated
blocks and amending Resolution 9344 (CCS).
On order of the Mayor, this matter was continued to a future meeting, as
a 5-item.
COUNCIL ITEMS:
COMMISSION FOR THE SENIOR COMMUNITY
13-A: Appointment to one 2002
annual 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 February 24, 2004.
PERSONNEL BOARD
13-B: 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 February 24, 2004.
LANDMARKS COMMISSION
13-C: Appointment to one
special vacancy on the Landmarks Commission for a term ending June 30, 2004.
On order of the Mayor, this matter was continued to February 24, 2004.
RETAIL ON THE PROMENADE
13-E: Request of Councilmember
Feinstein to direct staff to conduct research on past trends and the current
amount of formula retail on the Promenade; to consider the definition of
formula retail from the November 11, 2003, staff report, and return to Council with
recommendations, with the process timed so that the Bayside District can review
the recommendations before returning to Council.
On order of the Mayor, this matter was continued to March 9, 2004.
STREET CARTS
13-F: Request of Councilmember
Feinstein to direct staff to include the possibility of a street cart at the
southeast corner of Colorado and Ocean in the bid process for street carts in
the downtown that are not on the Promenade, was presented.
Motion by Councilmember Feinstein, seconded by Councilmember
Katz, to approve request and direct
staff to also look at the possibility of carts in Memorial and Christine Reed
Parks; and, on the southeast corner of Colorado and Ocean either a cart or
other ways of activating the space. The
motion was unanimously approved by voice vote, with Councilmember Holbrook
absent.
HISTORIC INVENTORY
13-G: Request of Councilmember
Feinstein to direct staff to cross-reference the list of buildings on the
Historic Inventory with the list of rent-controlled housing units, and to
include this information in the analysis when incentives to designate
structures as landmark buildings are examined this Spring.
On order of the Mayor, this matter was continued to March 9, 2004.
PUBLIC COMMENT
Member of the public Brian Hutchings expressed various concerns.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:47
a.m. to February 24, 2004.
ATTEST: APPROVED:
Maria M. Stewart Richard
Bloom
City Clerk Mayor