CITY OF SANTA MONICA

 

CITY COUNCIL MINUTES

 

JUNE 8, 2004

 

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:48 p.m., on Tuesday, June 8, 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

Councilmember Robert T. Holbrook

Councilmember Herb Katz

Councilmember Pam O=Connor (arrived at 5:49)

 

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 5:48 p.m., with Councilmember O=Connor absent.  Councilmember Holbrook  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 voiced various concerns related to the Consent Calendar.

 

Motion by Councilmember Katz, seconded by Councilmember Genser, to approve all items on the Consent Calendar as presented, 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, Holbrook, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       Councilmember O=Connor

 

2512 28TH STREET

1-A:     Final Tract Map for 2512 28th Street B recommendation to adopt Resolution No. 9946 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 53464 FOR A 10-UNIT CONDOMINIUM PROJECT AT 2518 28TH STREET,@ was approved.

 

MAIL LIBRARY - PARKING EQUIPMENT

1-B:     Parking equipment for Main Library B recommendation to authorize the City Manager to negotiate and execute Contract No. 8349 (CCS) with Sentry Control Systems, in the amount of $240,123.76, to furnish, deliver, and install parking equipment for the Main Library, was approved.

 

ASPHALT TRUCK

1-C:     Purchase of One Asphalt Truck B recommendation to award Bid No. 2877 to Reynolds Buick/GMC, in the amount of $169,990.39, to furnish and deliver one asphalt truck for the Street Maintenance Division of the Environmental & Public Works Management Department, was approved.

 

CONSULTING SERVICES

1-D:     Evaluation of permit, plan check, and inspection and code enforcement services B recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8329 (CCS) with Matrix Consulting Group, in the amount of $2,250, for evaluation of Planning Department services, was approved.

 

DISABILITY INSURANCE

1-E:     Live and long-term disability insurance B recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8041 (CCS), in the amount of $30,000, to provide continued coverage to City employees, was approved.

 

TRANSPORTATION OF PRISONERS

1-F:     Transportation of prisoners to the LAX County Courthouse - recommendation to authorize the City Manager to negotiate and execute a Contract No. 8350 (CCS) with Los Angeles County Sheriff=s Department, in the amount of $70,000, for the transportation of City prisoners to the LAX Courthouse for criminal proceedings, was approved.

 

CLOSED SESSIONS

                                                                                                                                                           

Councilmember O=Connor arrived at 5:49 p.m.

 

On order of the Mayor, the City Council adjourned to consider closed sessions at 5:56 p.m., and reconvened at 7:05 p.m., with all members present to report the following action taken:

 

2-A:     Conference with Legal Counsel B Existing Litigation:  Cornerstone Music Conservatory v. Planning Commission, City of Santa Monica, Case No. SS 012 048.

 

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to approved settlement as follows:  Cornerstone will cease operations by October 15, 2004, pay administrative record costs, and stipulate to an entry of judgement in favor of the City.  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

 

2-B:     Conference with Legal Counsel B Existing Litigation:  AB Cellular LA, LLC, dba AT&T Wireless v. City of Santa Monica, Case No. CV 03-9129.

 

ACTION:         Not heard.

 

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

 

ACTION:         Heard.  No reportable action taken.

 

2-D:     Conference with Legal Counsel B Existing Litigation:  Action Apartment Association v. City of Santa Monica, Case No. B 165082.

 

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to authorize staff to seek review of unfavorable appellate court decision.  The motion was unanimously approved by voice vote, with all members present.

 

2-E:     Conference with Legal Counsel B Existing Litigation:  Larry Ochoa v. City of Santa Monica, Case No. SC 075 968.

 

ACTION:         Not heard.

 

2-F:     Conference with Legal Counsel B Existing Litigation:  City of Santa Monica v. Baron & Budd, P.C., et al., Case No. BC 315 186.

 

ACTION:         Not heard.

 

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

Number of cases:  Two.

 

ACTION:         Heard one item.  No reportable action taken.

 

CONTINUED ITEMS:

5-A:     Request of Councilmember Holbrook and Councilmember Katz to request staff to report on regulations regarding fences, hedges and flag poles and enforcement practices relating to those regulations, and possible direction to staff to amend the regulations related to those issues, was presented.

 

Members of the public Bruce Leddy, Robert Shriver, Malissa Feruzzi, Britt Allcroft, Jerry Rubin, Rosario Perry, Irwin Waldman, Leah Mendelsohn, Daniel Bleiberg, Juliette Willis, Pat Farrell, Ken Scopp, Holly Wright, Richard Nelson, Valerie Hiss, Richard Corlin, Tom Francis, Lee Bishop, Steve Harbison, Mary Low, Karen Lucente, Larry Mollin, Tom Larmore, Kathryn Grayson, Jacob Samuel, Jerry Bass, Stephanie Barbanell, Peter Broderick, and Karen Scopp spoke in opposition to enforcement of the regulations.

 

Members of the public Manju Devgan, Balder Devgan, Giles Smith, Mira Muller, Cynthia Cotton, Richard Corlin, Samir Yousif, Robert Poser, Virginia Clarke and Darrell Clarke spoke in support of enforcement of the regulations.

 

Motion by Councilmember O=Connor, seconded by Councilmember Katz, to: continue moratorium on enforcement of regulations except for demonstrable safety situations; retain the 42" front yard height limit, but look at possible adjustments, including but not limited to arbors, pergolas and Aliving@ archways; that heights for side and rear yard fences and hedges be liberalized and staff return with ideas on possible adjustment process(es); that the compliance process, which will be presented to Council for review,  provide ample warning time as well as time for compliance; and staff to return with an ordinance reflecting discussion.  The motion was approved by the following vote:

 

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

NOES:            None

ABSENT:       None

 

ORDINANCES:

 

SIDEWALK CAFES

 

 7-A:    Introduction and first reading of an interim ordinance extending, with modifications, the interim ordinances allowing administrative approval of sidewalk cafes and waiving the parking requirement for sidewalk cafes of a specified size, was presented.

 

Member of the public Joey Fullmer expressed various concerns related to the proposal.

 

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to introduce the ordinance, reading by title only and waving 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

 

TAXICAB OWNERS/DRIVERS

7-B:     Introduction and first reading of an ordinance of the City of Santa Monica Amending Chapter 6 of the Municipal Code relating to Taxicab Owners and Drivers, was presented.

 

There was no one present for public comment.

 

Motion by Councilmember Genser, seconded by Councilmember Feinstein, 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, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       None

 

RESTAURANTS

 

7-C:     Introduction and first reading of an ordinance to eliminate the numerical cap on restaurants in the Bayside District and on the Promenade and to expand the types of establishments that can conduct alcohol sales in the Bayside District subject to CUP, to allow new restaurants with alcohol service in specified Bayside Districts to be administratively approved, to limit Promenade Frontage of new or expanding retail use to 50 linear feet unless a use permit is obtained, and expanding the vending cart program subject to a license agreement; and resolution amending the Bayside District Specific Plan to eliminate the numerical cap on restaurants in the Bayside District, allowing expanded outdoor dining areas on the Promenade, and adding signage standard to allow for signage for upper-level restaurants.

 

On order of the Mayor, this matter was continued to June 22, 2004.

 

SANTA MONICA PIER - SWIMMING/DIVING

7-D:     Introduction and first reading of an ordinance of the City of Santa Monica amending Chapter 10 of the Municipal Code relating to diving off of and swimming near the Santa Monica Pier, was presented.

 

There was no one present for public comment.

 

Motion by Councilmember Katz, seconded by Councilmember Feinstein, 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, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       None            

 

USE OF BEACHES

7-E:     Emergency Ordinance No. 2125 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 4.08.025 TO THE MUNICIPAL CODE REQUIRING PERMITS FOR LARGE GROUP USE OF SANTA MONICA BEACHES FOR WATER ACTIVITIES AND AMENDING SECTION 4.08.020 TO CLARIFY ITS PROVISIONS AND DECLARING THE PRESENCE OF AN EMERGENCY,@ was presented.

 

There was no one present for public comment.

 

Motion by Councilmember Feinstein, seconded by Councilmember Katz, 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, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       None

 

STAFF ITEMS:

 

NOVEMBER 2004 ELECTION

 

8-A:     Adoption of Resolutions for the Regular Municipal Election to be held on November 2, 2004 B recommendation that the City Council adopt Resolution No. 9942 (CCS) entitled, AA RESOLUTION OF THE CITY OF SANTA MONICA CALLING THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004"; Resolution No. 9943 (CCS) entitled, AA RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION@; Resolution No. 9944 (CCS) entitled, AA RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING SERVICES FROM THE L.A. COUNTY REGISTRAR-RECORDER FOR THE GENERAL MUNICIPAL ELECTION@; and Resolution No. 9945 (CCS) entitled, AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY CLERK TO OBTAIN CONSULTANT SERVICES AND SUPPLIES REQUIRED FOR THE CONDUCT OF THE ELECTION,@ was presented.

 

Member of the public Brian Hutchings expressed various concerns related to the proposal.

 

Motion by Councilmember Feinstein, seconded by Councilmember Katz, 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, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       None

 

DESIGNATED SMOKING AREAS ON THE PIER

8-B:     Adoption of resolution designating smoking areas on the Santa Monica Pier.

 

On order of the Mayor, this matter was continued to June 22, 2004.

 

COUNCIL ITEMS:

 

13-A:   Appointment to two special vacancies on the Commission for the Senior Community for a terms ending June 30, 2007. 

 

On order of the Mayor, this matter was continued to June 22, 2004.

 

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 June 22, 2004.

 

13-C:  Appointment to one special vacancy on the Pier Restoration Corporation for a term ending November 8, 2005.

 

On order of the Mayor, this matter was continued to June 22, 2004.

 

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

 

On order of the Mayor, this matter was continued to June 22, 2004.

 

PUBLIC INPUT:

Member of the public Pro Se expressed concerns on various issues.

 

ADJOURNMENT: 

On order of the Mayor, the City Council meeting was adjourned at 11:28 p.m., in memory and honor of former President Ronald Reagan; homeless advocate Len Doucette; and Joseph L. Nassaney, father-in-law of School District Superintendent John Deasy.

 

ATTEST:                                                        APPROVED:

 

 

Maria M. Stewart                                           Richard Bloom

City Clerk                                                       Mayor