CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 13, 2004
A regular meeting of the
Santa Monica City Council was called to order by Mayor Bloom at 5:55 p.m., on
Tuesday, July 13, 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
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 all members present. Information
Systems Director Jory Wolf, 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 commented on Item 1-B. Members
of the public Arthur Harris, Nancy Campeau, Jay Johnson and Ellen Brennan spoke
in opposition to Item 1-C.
At the request of
Councilmember Katz, Item 1-C was removed from the Consent Calendar. At the request of Mayor Pro Tem McKeown,
Item 1-B was removed from the Consent Calendar.
Motion by Councilmember Feinstein,
seconded by Councilmember Genser, to
approve all items on the Consent Calendar as presented except Items 1-B and
1-C, 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, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
MINUTES
1-A: The minutes of May 11, and May 18, 2004, City Council
meetings, were approved as amended with minor typographical correction.
LOBBYING SERVICES
1-D: Recommendation to authorize City Manager to negotiate and
execute Contract No. 8370 (CCS) with The Ferguson Group, in the amount of
$63,000, to continue Washington lobbying services on behalf of the City,
was approved.
LEASE OF CITY-OWNED SPACE
1-E: Lease of City-owned space B recommendation to authorize the City Manager to
negotiate and execute modified lease Agreement No. 8371 (CCS) with Bergamot
Station, Ltd., for the lease of light industrial space at 2525 Michigan Avenue,
was approved.
RECONDITIONING OF BIG
BLUE BUSES
1-B: Big Blue Bus reconditioning B recommendation to award Bid No. 2875 to Complete
Coach Works, in the amount of $4,695,526, to recondition fleet buses, refurbish
wheelchair ramps, install seat inserts, and install video equipment, and
authorize the City Manager to execute a Contract No. 8368 (CCS) with them to
provide bus fleet reconditioning, wheelchair ramp refurbishment, seat insert
installation, and video security system installation, was presented.
Mayor Pro Tem McKeown
advised he removed this item from the Consent Calendar because he believes it
is inappropriate to approve the recommendation, as it relates to the video
equipment installation, without having a policy discussion. He asked that this item not be approved and
that staff be asked to bring it back
for a public hearing and discussion.
Staff provided information
on the timing and the need for this approval and answered questions of
Councilmembers.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Feinstein, to put over this matter to allow for public discussion and
policy.
Substitute motion by
Councilmember O=Connor, seconded by Councilmember Katz, to approve staff recommendation. The substitute motion was approved by the
following vote:
AYES: Councilmembers O=Connor, Holbrook, Genser, Katz, Mayor Bloom
NOES: Councilmember
Feinstein, Mayor Pro Tem McKeown
ABSENT: None
Mayor Pro Tem McKeown
stated, for the record, that he voted in opposition because he feels the action
compromised civil liberties of the Big Blue Bus patrons without providing
appropriate policy discussion and without public input on our public transit.
Councilmember Feinstein
stated for the record that he voted in opposition and feels the action has
willfully taken away civil liberties without public debate and the opportunity
for the public to comment on an issue that affects their every day life.
GENERAL PLAN UPDATE
1-C: Update to Land Use Element of General Plan, Zoning Ordinance,
Circulation Element, and preparation of comprehensive EIR B recommendation to authorize the City Manager to
negotiate and execute Contract No. 8369 (CCS) with Dyett & Bhatia, in the
amount of $1,648,830, for professional services to prepare a comprehensive
update to the Land Use Element of the General Plan and to the Zoning Ordinance;
documentation of the Circulation Element update; and preparation of a
comprehensive Environmental Impact Report, was presented.
Councilmember Katz advised
he removed this matter from the Consent Calendar because he feels that this is
not a Consent Calendar item and that a public hearing and presentations from
the top three bidders are needed to properly inform everyone.
Discussion ensued. Staff answered questions from Councilmembers
and provided additional information.
Motion by Councilmember O=Connor, seconded by Mayor Bloom, to approve contract, as presented.
Substitute motion by
Councilmember Katz, to not approve
this item and to ask staff to return with it as a public hearing with
presentations from the three bidders mentioned in the report. The motion died for lack of a second.
Discussion continued.
Motion to amend by
Councilmember Genser, to add to
motion that contracts should include early in the process a review of the
traffic methodology. The motion was
friendly to maker and seconder.
The main motion as amended,
was approved by the following vote:
AYES: Councilmembers Feinstein, Genser,
Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember
Katz
ABSENT: None
CHANGE TO ORDER OF AGENDA
Motion by Councilmember
Feinstein, seconded by Mayor Bloom,
to hear Item 8-A close to the beginning when Council returns from closed
session and to combine Items 7-B with 13-B.
The motion was unanimously approved by voice vote, with all members
present.
CLOSED SESSIONS:
On order of the Mayor, the
City Council recessed at 7:05 p.m. to hear closed sessions and returned at 7:50
p.m., with all members present. Action
taken on closed sessions was reported at the end of the meeting.
ORDINANCES:
Councilmember Genser was
excused at 7:56 p.m.
RESTAURANTS
7-A: Introduction and first reading of an ordinance amending
Chapter 9 of the Municipal Code to eliminate the numerical cap on restaurants
in the Bayside District and on the Promenade and expand the types of
establishments that can conduct alcohol sales in the Bayside District subject
to Conditional Use Permit, to allow new restaurants with alcohol service in
specified Bayside Districts to be administratively approved rather than
requiring a CUP, to limit the Promenade Frontage of any new or expanding retail
use to fifty 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, allowing expanded outdoor dining areas on the Promenade, and
adding signage standard to allow for signage for upper-level restaurants,
was presented.
On order of the Mayor, this
matter was continued to September 14, 2004.
UTILITY &
TELE-COMMUNICATIONS INSTALLATIONS
7-B: Second reading and adoption of Ordinance No. 2129 (CCS)
entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 7 OF THE MUNICIPAL CODE TO REGULATE UNDERGROUND UTILITY AND WIRELESS
TELECOMMUNICATION INSTALLATIONS IN THE PUBLIC RIGHT OF WAY,@ was presented.
Councilmember Genser
requested to be excused from this matter due to a conflict of interest.
There was no one present for
public comment.
Motion by Mayor Pro Tem
McKeown, 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 O=Connor, Holbrook, Katz, Feinstein, Mayor Pro Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Genser
Councilmember Genser
returned at 7:58 p.m.
RELOCATION BENEFITS
7-C: Second reading and adoption of Ordinance No. 2130 (CCS)
entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 4.36 OF THE MUNICIPAL CODE TO EXTEND RELOCATION BENEFIT TO ALL
RESIDENTS DISPLACED BY ELLIS ACT EVICTIONS,@ was presented.
Motion by Mayor Pro Tem
McKeown, 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 O=Connor, Holbrook, Katz, Genser, Feinstein, Mayor Pro
Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
On order of the Mayor, and
as approved earlier, Items 7-D and 13-B to be heard concurrently.
MULTI-FAMILY STANDARDS
7-D: Introduction and first reading of an ordinance to modify
multi family development standards, amends the application review requirements,
establishes exemptions for single family dwellings in all districts from design
review, modifies the demolition permit requirements, adds a design standards
permit requirement, deletes the NW North of Wilshire Overlay District, and
modifies the definitions of basement, building height, finished first floor,
semi subterranean garage and theoretical grade, was presented.
APPROVAL OF HOME REMODELS
13-B: Request of Councilmember Feinstein for discussion and possible
action regarding a potential liaison role from the Landmarks Commission to the
Architectural Review Board for remodels that come before the Architectural
Review Board on structures that are on the City's historic inventory.
Members of the public Joey
Fullmer, Darrell Clarke, Nina Fresco, Jay Johnson, David Pisane, Christian
Boyce, Chuck Allord, Ellen Brennan Eric Parlee and Jerry Rubin addressed
different concerns on the proposed ordinance.
Motion by Councilmember
Katz, seconded by Councilmember Feinstein, to introduce the ordinance, with the understanding that there will be
amendments, reading by title only and waiving further reading thereof.
Motion to amend by
Councilmember Genser to add that
there be Architectural Review Board discretion on all projects. There was no second
to the motion and it was not
accepted as friendly
Motion to amend by Councilmember Katz, to remove fence and
stairwell requirement. The motion was
friendly to the seconder.
Motion by Councilmember
Genser, seconded by Councilmember O=Connor, to
eliminate the up-front meeting of the developer with the residents, and that
staff prepare written instruction distributed with the application materials to
encourage neighborhood meetings. Motion
accepted as friendly.
Motion to amend by Mayor
Pro Tem McKeown, seconded by Councilmember Feinstein, to keep the mandatory developer pre-meeting instead
of a discretionary meeting, and cut the radius of noticing from 500 feet to 300
feet. The motion failed by the
following vote:
AYES: Councilmember Feinstein, Mayor Pro
Tem McKeown
NOES: Councilmembers
O=Connor, Holbrook, Genser, Katz, Mayor Bloom
ABSENT: None
Discussion ensued regarding
the impacts of the various motions and the comments made by each
Councilmember. On the direction of the
Mayor and consensus of Councilmembers, staff was directed to provide language
reflecting the motions and the discussion and return later at this meeting.
COUNCIL ITEMS:
On order of the Mayor, Item
13-A to be heard next.
APPOINTMENTS
13-A: Annual and special vacancy appointments to the following boards
and commissions:
AIRPORT COMMISSION
Airport Commission - one vacancy for a term ending 06/30/08.
On order of the Mayor, this
matter was continued to July 27, 2004
ARB
Architectural Review
Board - two vacancies for terms
ending 06/30/08.
On order of the Mayor, this
matter was continued to July 27, 2004
BAYSIDE DISTRICT
Bayside District
Corporation - one term ending
6/30/08.
On order of the Mayor, this
matter was continued to July 27, 2004
BUILDING AND SAFETY
Building and Safety
Commission - two vacancies for terms
ending 6/30/08.
On order of the Mayor, this
matter was continued to July 27, 2004
COMMISSION FOR SENIOR
COMMUNITY
Commission for the Senior
Community - one special vacancy for
a term ending 6/30/07.
On order of the Mayor, this
matter was continued to July 27, 2004.
DISABILITIES COMMISSION
Disabilities Commission - one vacancy for a term ending 6/30/08.
On order of the Mayor, this
matter was continued to July 27, 2004.
PERSONNEL BOARD
Personnel Board - one vacancy for a term ending 6/30/09, one vacancy
for a term ending 6/30/08; and one vacancy for a term ending 6/30/06.
On order of the Mayor, the
floor was opened for nomination for Personnel Board.
Mayor Bloom nominated Jerry Greenwalt for the term ending 6/30/09. There being no other nominations, Mr.
Greenwalt was appointed by acclamation, with all members present.
On order of the Mayor, the
other two vacancies were continued to July 27, 2004.
PRC
Pier
Restoration Corporation - one
special vacancy for a term ending November 8, 2005.
On
order of the Mayor, this matter was continued to July 27, 2004.
RECREATION
& PARKS COMMISSION
Recreation
& Parks Commission - one vacancy
for a term ending June 30, 2008.
On
order of the Mayor, this matter was continued to July 27, 2004.
SOCIAL
SERVICES COMMISSION
Social
Services Commission - two vacancies for terms ending June 30,
2008.
On
order of the Mayor, this matter was continued to July 27, 2004.
VALET
PARKING
7-E: Introduction and first reading of an
ordinance of the City of Santa Monica deleting Municipal Code Section 6.12.150
relating to Downtown Valet Parking; and adoption of resolution setting fees for
valet parking space use.
On
order of the Mayor, this matter was continued to July 27, 2004.
DISCRETIONARY
LAND USE PERMITS
7-F: Introduction and first reading of an
ordinance amending Chapter 9 of the Municipal Code to conform the City=s hearing and processing requirements for
Discretionary Land Use Permits with the California Permit Streamlining Act and
to modify or clarify the time for issuing temporary use permits and
administrative approvals and adding Chapter 9.64 to the Municipal Code to
establish a procedure for appealing certain environmental determinations to the
City Council.
On
order of the Mayor, this matter was continued to July 27, 2004.
CAMPAIGN
FINANCE REQUIREMENTS
7-G: Introduction and first reading of an
ordinance of the City of Santa Monica amending Chapter 11 of the Municipal Code
relating to campaign finance reporting requirements.
On
order of the Mayor, this matter was continued to July 27, 2004.
JOINT MEETING OF THE CITY COUNCIL AND THE PLANNING COMMISSION:
STAFF ITEMS:
MATRIX
CONSULTING
8-A: Matrix Consulting Group recommendations
regarding City permits, plan check, inspection and code enforcement processes,
authorization of positions and consideration of policies - recommendation that Council receive the
evaluation, authorize positions required to achieve administrative and
operational efficiencies and meet jointly with the Planning Commission to
consider policy recommendations, was presented.
Members
of the public Ellen Brennan, Arthur Harris, Chuck Allord, Nancy Campeau, Chris
Harding, Kathy Dodson, Craig Jones and Mario Fonda-Bonardi commented on various
areas of the proposal.
Discussion
ensued among City Council and Planning Commission members related to the
recommendations on the staff report, the public=s comments and information provided by staff.
Motion
by Councilmember O=Connor, seconded by Councilmember Katz, to authorize the positions requested in the
recommendation. 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
After
additional discussion, on order of the Mayor and with the consensus of all
members present, the joint meeting and continuing discussion was continued to a
future meeting date to be determined.
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 September 14, 2004.
WRITTEN COMMUNICATIONS:
BAN
ON FELINE DECLAWING
12-A: Request from Jennifer Conrad to address
Council requesting an ordinance to ban de-clawing of all animals in Santa
Monica.
On
order of the Mayor, this matter was continued to July 27, 2004.
EMPLOYEE
PREFERENTIAL PARKING
12-B: Request of John and Gwen Lindahl to
address Council requesting that business owners be allowed to obtain
preferential parking for use by employees during business hours, at least
between 9:00 a.m., and 6:00 p.m., during the week.
On
order of the Mayor, this matter was continued to July 27, 2004.
HIROSHIMA-NAGASAKI
A-BOMB EXHIBIT
12-C: Request of Foumiko Kometani Greenfeld to
address Council requesting assistance in securing a facility for two weeks to
house an exhibition, and requesting the City to sponsor or co-sponsor AThe Hiroshima Nagasaki A-Bomb Exhibition@ in March 2005.
On
order of the Mayor, this matter was continued to July 27, 2004.
COLLEGE
BOND MEASURE
Councilmember
Holbrook was excused at 12:45 a.m.
13-C: Request of Mayor Bloom that: staff and the
SMC/SMMUSD/City of Santa Monica liaison committee members provide an update on
the status of Council's direction regarding the proposed Santa Monica College
bond measure; and, that the City Council resolve that Santa Monica College be
directed that they may not approve any ballot measure or project list that
includes or purports to include any funding for any property acquisition,
development project or other financial arrangement over which the City of Santa
Monica has full, partial or concurrent jurisdiction unless and until approval
and consent is received from the City of Santa Monica; and, that City staff be
directed that any such approval and consent of the City of Santa Monica require
a majority vote of the City Council, was presented.
There
was no one present for public comment.
Motion
by Mayor Bloom, seconded by Councilmember Feinstein, to approve request amended to change Athey may not approve any ballot measure@ to Athey may not place on the ballot.@ The motion
was unanimously approved by voice vote, with Councilmember Holbrook absent.
CLOSED
SESSIONS
At
the request of the Mayor, the City Attorney reported the following action taken
on closed sessions:
2-A: Conference with Labor Negotiator.
City Negotiator: Karen
Bancroft, Director of Human
Resources
Bargaining Units: Administrative
Team Association
Executive Pay Plan
Public Attorney=s Legal Support Staff Union
Supervisors Team Associates (STA)
ACTION: Not heard.
2-B: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. Baron & Budd, PC, et al., Case
No. BC 315 186.
ACTION: Heard.
No reportable action taken.
2-C: Conference with Legal Counsel B Existing Litigation: Abraham Supino v. City of Santa Monica, Case No. SC 080
283, and related cases.
ACTION: Heard.
No reportable action taken.
2-D: Conference with Legal Counsel B Existing Litigation: Russell Barnard v. City of Santa Monica, Case No. BC 281
367.
ACTION: Heard.
No reportable action taken.
2-E: Conference with Legal Counsel B Existing Litigation: David Levy v. City of Santa Monica, Case No. 063147.
ACTION: Heard.
No reportable action taken.
Councilmember
Genser was excused at 12:53 a.m.
Councilmember
Genser requested to be excused from this item due to a conflict of interest.
2-F: Conference with Legal Counsel B Existing Litigation: AB Cellular LA, LLC dba AT&T Wireless v. City of Santa Monica,
Case No. SACV 04-0378 JVS.
Motion
by Councilmember Feinstein, seconded by Mayor Bloom, to approve settlement as follows:
1. AT&T shall submit for permit approval a
design for a downsized antenna installation on 19th and San
Vicente. The installation will be sited
on an existing Edison-owned street light and shall be designed to blend into
the existing environment.
2. To the extent possible, all electronic
equipment shall be underground.
3. The permit shall be exempt from the wireless
moratorium.
4. AT&T will be exempt from the hearing and
other procedural requirements of the new ordinance, but will otherwise comply
with the technical and construction related aspects of the new ordinance.
5. Upon approval of the permit: a) the pending
Federal Court lawsuit shall be dismissed with prejudice; b) AT&T shall
waive damages and attorney=s fees; c)
AT&T
shall waive its right to bring a facial challenge to the City=s new ordinance.
The motion was approved by the following vote:
AYES: Councilmembers
Feinstein, Katz, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Genser, Holbrook
2-G: Conference with Legal Counsel B Existing Litigation: Los Angeles SMSA, a limited partnership, dba Verizon Wireless v.
City of Santa Monica, Case No. SC 079 139.
ACTION: Heard.
No reportable action taken.
2-H: Conference with Legal Counsel B Anticipated Litigation.
Number of cases:
Two.
ACTION: One case heard. No reportable action taken.
PUBLIC
INPUT:
There
was no one present for public comment.
ADJOURNMENT:
On
order of the Mayor, the City Council meeting was adjourned at 12:55 p.m., in
memory of Elnora Buchanan; and in honor and memory of those who lost their
lives in the tragic accident at the Downtown Santa Monica Farmers Market a year
ago, on July 16, 2003.
ATTEST: APPROVED:
Maria M. Stewart Richard
Bloom
City Clerk Mayor