CITY OF SANTA MONICA

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

APRIL 13, 2004

A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem McKeown at 6:28 p.m., on Tuesday, April 13, 2004, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Pro Tem Kevin McKeown

Councilmember Michael Feinstein

Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 7:10 p.m.)

Councilmember Herb Katz

Councilmember Pam O=Connor (arrived at 7:04 p.m.)

Absent: Mayor Richard Bloom

Also Present:City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

CONVENE/PLEDGE

On order of the Mayor Pro Tem, the City Council convened at 6:28 p.m., with Councilmembers Holbrook, O=Connor, and Mayor Bloom absent. Miriam Mack, Economic Development 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.

Members of the public Joey Fullmer and B.A. Gray commented on Consent Calendar items.

At the request of Mayor Pro Tem McKeown, Item 1-E was removed from the Consent Calendar as he has a conflict of interest with the matter, and stepping down would only leave three members present. Item 1-E to be considered later in the meeting.

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

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

NOES: None

ABSENT: Councilmembers Holbrook, O=Connor, Mayor Bloom

REAR TRASH LOADERS

1-A: Purchase of two rear trash loaders B recommendation to award Bid No. 2859 to Boerner Truck Center, in the amount of $376,454.53, to furnish and deliver two rear trash loaders for the Environmental and Public Works Management Department, was approved.

FRONT TRASH LOADERS

1-B: Purchase of two front trash loaders B recommendation to award Bid No. 2864 to Boerner Truck Center, in the amount of $397,061, to furnish and deliver two front trash loaders for the Environmental and Public Works Management Department, was approved.

CLEANING PRODUCTS

1-C: Purchase of environmentally preferable cleaning products B recommendation to award Bid No. 2853 to Royal Paper, at specified unit prices, to furnish and deliver environmentally preferable cleaning products, was approved.

1455-57 BERKELEY

1-D: Resolution No. 9938 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP NO. 26252 FOR A 4-UNIT CONDOMINIUM PROJECT AT 1455-57 BERKELEY STREET,@ was adopted.

1027 10^TH STREET

1-F: Final Tract Map No. 53246 for 1027 10^th Street B recommendation to adopt Resolution No. 9939 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 53246 FOR A 5-UNIT CONDOMINIUM PROJECT AT 1027 10^TH STREET,@ was approved.

REWARD

1-G: Recommendation to authorize $25,000 as a reward for information leading to arrest and conviction of any person(s) responsible for a September 2, 2003, homicide, was approved.

415 PACIFIC COAST HIGHWAY

1-H: Grant funds to support the reuse of 415 Pacific Coast Highway B recommendation to authorize the City Manager to submit necessary applications for obligating the grant funds and to negotiate and execute all related agreements; and approve the proposed appropriation and budget actions, was approved.

RECESS TO SPECIAL JOINT MEETING

On order of the Mayor Pro Tem, the regular City Council meeting recessed to a special joint meeting of the City Council and the Parking Authority at 6:36 p.m., with Councilmembers O=Connor, Holbrook, and Mayor Bloom absent.

JOINT MEETING:

JOINT MEETING OF THE CITY COUNCIL AND THE PARKING AUTHORITY:

2434 MAIN AND LOT 11

1-I: Easement Agreement for 2434 Main Street and Lot 11 B recommendation that the City Council authorize the City Manager and the Parking Authority authorize the Executive Director to negotiate and execute Easement Agreement No. 8336 (CCS/PAS) for continued ingress and egress to Lot 11 and parking for 2434 Main Street with Perloff-Webster, was presented.

There was no one present to speak on this matter.

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to approve staff recommendation. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Katz, O=Connor, Mayor Bloom

ADJOURNMENT OF SPECIAL JOINT MEETING

On order of the Mayor Pro Tem, the special joint meeting was adjourned at 6:37 p.m., and the regular City Council meeting was reconvened with Councilmembers O=Connor, Holbrook, and Mayor Bloom absent.

CLOSED SESSIONS:

Councilmember O=Connor arrived at 7:05 p.m.

Councilmember Holbrook arrived at 7:10 p.m.

On order of the Mayor Pro Tem, the City Council recessed to hear closed sessions at 6:37 p.m., and reconvened at 7:26 p.m., with Mayor Bloom absent. The following action was reported:

2-A: Conference with Labor Negotiator:

City Negotiator: Karen Bancroft, Director of Human

Resources

Bargaining Units: Municipal Employees Association

Administrative Team Association

Public Attorney=s Legal Support Staff Union

Management Team Associates

Public Attorneys Union

Santa Monica Firefighters Local

Supervisors Team Associates

ACTION: Heard. No reportable action taken.

2-C: Conference with City Council, Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 01CC4331.

ACTION: Matter heard. No reportable action taken.

2-F: Conference with Legal Counsel B Existing Litigation: SMHC v. City of Santa Monica, Case No., Case No. SC 074683.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, to approve settlement as follows:

1. In accordance with prior and current practice, City will stipulate that Government Code Section 65589.5(j) applies to market rate housing, charter cities and requires certain findings before denying certain housing projects. However, the City does not concede the constitutionality of this statute.

2. In response to a motion for attorney=s fees, anticipated to be filed by Santa Monica Housing Council, the City will preserve its defense that the case was and is not justiciable because City is applying the statute and intends to apply it in the future in accordance with past practice;

3. Other defenses to fee motion will be available to the City;

4. If court finds that case is not justiciable or rules in favor of the City on other defenses, no fees shall be awarded; and

5. The trial court=s ruling on attorney fees shall be appealable.

The motion was approved by the following vote:

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

NOES: None

ABSENT: Mayor Bloom

2-I: Conference with Legal Counsel B Existing Litigation: Russell Barnard v. City of Santa Monica, Case No. 281 367.

ACTION: Heard. No reportable action taken.

SPECIAL ITEMS:

4-A: A proclamation for the Santa Monica Citywide Reads Program was issued by Mayor Bloom.

Mayor Pro Tem McKeown was excused at 7:42 p.m.

Mayor Pro Tem McKeown returned at 7:44 p.m.

On order of the Mayor Pro Tem, Item 1- E was taken up. Mayor Pro Tem McKeown requested to be excused as he has a conflict of interest with this item.

Motion by Councilmember O=Connor, seconded by Councilmember Holbrook, to appoint Councilmember Katz as temporary Chair due to the absence of the Mayor and the Mayor Pro Tem. The motion was unanimously approved by voice vote with Mayor Pro Tem McKeown and Mayor Bloom absent.

FIBER OPTIC NETWORK

1-E: Recommendation to authorize the City Manager to negotiate and execute Agreement No. 8335 (CCS) with Santa Monica-Malibu Unified School District and Santa Monica Community College for operation of an institutional fiber optic network, and approve proposed budget changes, was presented.

Motion by Councilmember O=Connor, seconded by Councilmember Holbrook, to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers O=Connor, Holbrook, Genser, Katz, and Feinstein

NOES: None

ABSENT: Mayor Pro Tem McKeown, Mayor Bloom

On order of the Mayor Pro Tem, a new vote is needed on Item 1-H due to the budget action required. Item 1-H was brought back to the floor.

415 PACIFIC COAST HIGHWAY

Motion by Councilmember O=Connor, seconded by Councilmember Feinstein, to approve staff recommendation. The motion was approved by the following vote:

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

NOES: None

ABSENT: Mayor Bloom

ORDINANCES:

CALPERS AMENDMENT

7-A: Second reading and adoption of Ordinance No. 2121 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CALIFORNIA PUBLIC EMPLOYEES= RETIREMENT SYSTEM AND THE CITY,@ was presented.

Motion by Councilmember Feinstein, seconded by Councilmember O=Connor, to adopt ordinance, 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

NOES: None

ABSENT: Mayor Bloom

DEVELOPMENT AND DESIGN STANDARDS - MULTI-FAMILY

7-B: Introduction and first reading of an ordinance of the City of Santa Monica that modifies Development Standards and establishes Design Standards for properties in The R2 Low Density Multiple Family Residential, R3 Medium Density Multiple Family Residential and R4 High Density Multiple Family Residential Districts, amends the Application Review Requirements for the R2 Low Density Multiple Family Residential, R3 Medium Density Multiple Family Residential and R4 High Density Multiple Family Residential Districts, BSCD Bayside Commercial District, C3 Downtown Commercial and C3C Downtown Commercial Overlay Districts, establishes exemptions for single family dwellings in all districts from design review, modifies the Demolition Permit Requirements, deletes the NW North of Wilshire Overlay District, Modifies Project Design and Development Standards Pertaining to Fences, and modifies the definitions of basement, building height, fence height, finished first floor, semi-subterranean garage and theoretical grade, was presented.

The following members of the public commented on various aspects of the proposal: Joey Fullmer, Jay Johnson, Patricia Hoffman, Jerry Rubin, Darrell Clarke, Joe Natoli, Sergio Zeballos, Arthur Harris, Stephanie Barbanell, Kathy Brown, Ellen Brennan, Nancy Campeau, Arlene Hopkins, Connie Stewart, and Jerry Bass.

Council asked questions of staff and engaged in discussion regarding the various components of the proposals and the comments made by the public.

Motion by Councilmember Genser, seconded by Councilmember O=Connor, to continue Item 7-C (Downtown Ordinance) to a future meeting to be determined; continue Item 7-B to May 11; and direct staff to prepare an ordinance extending the Downtown Interim Standards for consideration at the next Council meeting. The motion was unanimously approved by voice vote, with Mayor Bloom absent.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember O=Connor, to direct staff to prepare an ordinance extending the interim multi-family ordinance, if needed. The motion was unanimously approved by voice vote, with Mayor Bloom absent.

Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to direct staff to return with an ordinance maintaining the current public review process, ARB and design compatibility, and to re-look at development standards proposed in this ordinance in the context of maintaining the ARB and design review.

Discussion ensued on the merits of the motion. After considerable discussion, Councilmember Genser withdrew his motion.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to direct staff to return with options that include public input. The motion was unanimously approved by voice vote, with Mayor Bloom absent.

DEVELOPMENT AND DESIGN STANDARDS - DOWNTOWN

7-C: Introduction and first reading of an Ordinance of the City of Santa Monica modifying the Development, Design, and Application Review Standards for projects developed within the BSCD, C3, and C3D Zoning Districts; and direct staff to study the possibility of modifying the off-street parking requirements for multi-family residential uses and small pedestrian oriented uses in the downtown; investigate the feasibility of shared parking facilities where different uses share a parking facility during different times; study feasibility of extending the Parking Assessment District to allow the option of a similar in-lieu parking fee for commercial uses in the C3 and C3C districts; update the Downtown Urban Design Plan to reflect proposed streetscape improvements for 6^th and 7^th Streets, and investigate possible funding mechanisms to ensure that the proposed streetscape improvements would not have a significant financial funding impact on the City.

On order of the Mayor Pro Tem, this matter was continued to a future meeting.

RESOLUTIONS:

PREFERENTIAL PARKING ZONE

11-A: Resolution No. 9940 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES ASSOCIATION,@ 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 O=Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown

NOES: None

ABSENT: Mayor Bloom

COUNCIL ITEMS:

FORMULA RETAIL

13-A: 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, was presented.

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to continue this matter to April 27, 2004. The motion was unanimously approved by voice vote, with Mayor Bloom absent.

COMMISSION - SENIOR COMMUNITY

13-B: Appointment to one special vacancy on the Commission for the Senior Community for a term ending June 30, 2007.

On order of the Mayor Pro Tem, this matter was continued to April 27, 2004.

PERSONNEL BOARD

13-C: 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 Pro Tem, this matter was continued to April 27, 2004.

SOCIAL SERVICES COMMISSION

13-D: Appointment to one special vacancy on the Social Services Commission for a term ending June 30, 2007.

On order of the Mayor Pro Tem, this matter was continued to April 27, 2004.

RECREATION & PARKS COMMISSION

13-E: Appointment to one special vacancy on the Recreation and Parks Commission for a term ending June 30, 2005.

The Mayor Pro Tem opened the floor for nominations.

Councilmember Katz nominated Alex Munoz. There being no other nominations, Mr. Munoz was appointed by acclamation, with Mayor Bloom absent.

COMMISSION - STATUS OF WOMEN

13-F: Appointment to one special vacancy on the Commission on the Status of Women for a term ending June 30, 2005.

The Mayor Pro Tem opened the floor for nominations.

Councilmember Feinstein nominated Sarah Mueller Stegemoeller. There being no other nominations, Ms. Stegemoeller was appointed by acclamation, with Mayor Bloom absent.

RESIGNATION

13-G: Acceptance of Earnestene Cleaver=s letter of resignation from the Social Services Commission, and authorization for City Clerk to publish vacancy, was presented.

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

RESIGNATION

13-H: Acceptance of Linda Waade=s letter of resignation from the Pier Restoration Corporation, and authorization for City Clerk to publish vacancy, was presented.

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

RELOCATION BENEFITS

13-I: Request of Mayor Pro Tem McKeown to direct staff to prepare an ordinance extending relocation benefits to all residents displaced by Ellis Act evictions, was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with Mayor Bloom absent.

CLEAN AIR MONTH

13-J: Request of Mayor Pro Tem McKeown that the City Council acknowledge May as national "Clean Air Month" by authorizing staff to send a letter to the California Air Resources Board supporting the maximum feasible and cost effective vehicle emission reduction regulations under our Assemblymember Fran Pavley's 2002 global warming bill, AB 1493, was presented.

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

CLOSED SESSIONS

On order of the Mayor Pro Tem, the regular City Council recessed at 12:28 a.m., to consider closed sessions and reconvened at 12:35 a.m., to report the following action taken:

2-B: Conference with Legal Counsel B Existing Litigation: 2000 Main St. v. City of Santa Monica, Case No. SC 067899.

ACTION: Heard. No reportable action taken.

2-D: Conference with Legal Counsel B Existing Litigation: Levy v. City of Santa Monica, Case No. 063147.

ACTION: Not heard.

2-E: Conference with Legal Counsel B Existing Litigation: Robert Holbrook and Herb Katz, et al. v. City of Santa Monica, Case No. BS 086908.

ACTION: Not heard.

2-G: Conference with Legal Counsel B Existing Litigation: James Huber v. City of Santa Monica, Case No. SC 073 243.

Motion by Councilmember Holbrook, seconded by Councilmember Feinstein, to approve settlement in the amount of $17,500. The motion was approved by the following vote:

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

NOES: None

ABSENT: Mayor Bloom

2-H: Conference with Legal Counsel B Existing Litigation: Karen King v. City of Santa Monica, Case No. BC 291272.

ACTION: Not heard.

2-J: Conference with Legal Counsel B Existing Litigation: Jean Prosser v. City of Santa Monica, Case No. SC 077 183.

ACTION: Not heard.

2-K: Conference with Legal Counsel B Anticipated Litigation.

Number of cases: Three.

The City Attorney reported that the three cases were heard and the following reportable action was taken:

Motion by Councilmember Holbrook, seconded by Councilmember Katz, to approve a settlement agreement approving an extension of time to Barney=s Beanery with an opening date of August 2004. The motion was approved by the following vote:

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

NOES: None

ABSENT: Mayor Bloom

Motion by Councilmember Katz, seconded by Councilmember Holbrook, to approve settlement with P & J=s Utilities wherein P & J=s forfeits $85 million that they earned, and in return the City will excuse them from completing the water main replacement work. The motion was approved by the following vote:

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

NOES: None

ABSENT: Mayor Bloom

The third anticipated case was discussed; no reportable action was taken.

PUBLIC INPUT:

Members of the public Nancy Campeau and Brian Hutchings discussed various concerns.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 12:55 a.m., in memory of Schiller Colberg, former school board member and Dan Bendiksen, retired captain of the Santa Monica Fire Department.

ATTEST: APPROVED:

Maria M. Stewart Kevin McKeown

City Clerk Mayor Pro Tem