CITY OF SANTA MONICA

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

OCTOBER 12, 2004

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:52 p.m., on Tuesday, October 12, 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

Absent: 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 5:52 p.m., with Councilmember O=Connor absent. William Kolberg, Fire Deputy Chief, 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 Chuck Allord commented on Consent Calendar items.

At the request of Councilmember Katz, Item 1-B was removed from the Consent Calendar. At the request of Mayor Bloom, Item 1-D was removed from the Consent Calendar.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Holbrook, to approve all items on the Consent Calendar as presented except Items 1-B, 1-D, and 1-F, 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

MINUTES

1-A: The minutes of August 10, 2004, City Council meeting were approved.

PREVAILING WAGE MONITORING CONTRACT

1-C: Prevailing wage monitoring contract B recommendation to authorize the City Manager to negotiate and execute Agreement No. 8398 (CCS) with Comprehensive Housing Services, in the amount of $100,000, for prevailing wage monitoring and Section 3 compliance for affordable housing developments, was approved.

STAFF SCHEDULING SYSTEM

1-E: Automated staff scheduling and notification system for the Police and Fire Departments B recommendation to authorize the City Manager to negotiate and execute sole source Contract No. 8400 (CCS) with Principal Decision Systems, International, in the amount of $111,518, for the purchase of an automated staff scheduling and notification system for the Police and Fire Departments, was approved.

Councilmember Katz was excused at 6:05 p.m.

2834 COLORADO AVE.

1-B: Statement of Official Action B 2834 Colorado Avenue B recommendation to certify the Statement of Official Action for Appeal 04-003 to amend the zoning ordinance to allow for the construction and use of the property as a 145-unit apartment complex, was presented.

Councilmember Katz requested to be excused from considering this matter due to a conflict of interest.

Motion by Councilmember Genser, seconded by Councilmember Holbrook, to approve recommendation. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Katz, O=Connor

Councilmember Katz returned at 6:06 p.m.

DRUNK DRIVING SAFETY

1-D: Drunk Driving Safety Program grant funds B recommendation to accept $350,000 in California Office of Traffic Safety (OTS) grant funds and authorize the City Manager to execute Agreement No. 8399 (CCS) with OTS to implement the ALaw Enforcement Against Drunk Driving@ traffic safety enforcement and education program; and appropriate the grant funds and approve budget changes as proposed, was presented.

Mayor Bloom advised that he had removed this item in order to respond to comments made by a member of the public. Mayor Bloom clarified that drunk driving safety programs have been on-going in the past and will continue in the future.

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

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

NOES: None

ABSENT: Councilmember O=Connor

On order of the Mayor, the City Council convened to a joint meeting with the Redevelopment Agency at 6:07 p.m., with Councilmember O=Connor absent.

JOINT MEETING WITH THE REDEVELOPMENT AGENCY :

AFFORDABLE HOUSING

1-F: Funding increase for affordable housing development projects at 2601 Santa Monica Boulevard and 1424 Broadway B recommendation that the Council and the Redevelopment Agency approve an increase in housing trust funds sponsored by the Community Corporation of Santa Monica for affordable housing units at 2601 Santa Monica Boulevard and 1424 Broadway Boulevard, was presented.

Councilmember Genser advised he had removed this matter from the Consent Calendar to respond to comments made by a member of the public. Councilmember Genser advised that preference is given to Santa Monica residents when applying for affordable housing units. In addition, he clarified that contrary to the comment made by a member of the public, a recent shooting that occurred near a school has no relation to an existing building nearby that provides affordable housing.

Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to approve staff recommendation. 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

ADJOURNMENT OF JOINT MEETING

On order of the Mayor, the joint meeting with the Redevelopment Agency was adjourned at 6:12 p.m., and the regular City Council meeting was reconvened.

CLOSED SESSIONS:

On order of the Mayor, the City Council recessed at 6:12 p.m., to consider closed sessions and returned at 7:10 p.m., with Councilmember O=Connor absent. Action taken on closed sessions was reported at the end of the meeting.

INSPIRATION:

Recognition of Santa Monica CityTV and Kathy Murphy for Emmy-winning documentary, "The Lucky Man."

Mayor Bloom and Councilmembers congratulated Santa Monica CityTV and Kathy Murphy for the award.

CONTINUED ITEMS:

On order of the Mayor, and with the consensus of Councilmembers, Items 5-A and 5-B were heard concurrently.

HEDGE HEIGHTS

5-A: Request of Councilmember Feinstein to direct staff to prepare an interim ordinance for return on October 12th regarding hedge heights for front, back and sideyards; to take into account the potential differences in single family and multi-family neighborhoods as well as the transitions between them; to develop a process to >grandparent= existing front yard hedges up to a certain height; and to include an array of options on these issues reflecting the diversity of opinion expressed by the community at the June 8th public hearing, as well as any other options recommended by staff, was presented.

5-B: Request of Mayor Bloom and Councilmember Genser that staff provide an update on the hedge ordinance revisions and that the City Council direct staff to incorporate the proposed ideas and principles into the draft revised ordinance for public comment, was presented.

The following members of the public expressed various views and opinions on the subject of hedges: Joey Fullmer, Chuck Allord, Tsvia Weinstein, Wally Boag, Bobby Shriver, Cynthia Solomon, Karen Lucente, Myrna Leifer, Kelly Brooks, Britt Allcroft, Ed Solomon, Joan Robey, Catherine Cyran, Richard Nelson, Meyere Robbins, Aaron Mendelsohn, Irwin Waldman, Rachel Rohn, Valerie Hiss, Ken Scopp, Leah Mendelsohn, Eldon Cotton, Cynthia Cotton, Browne Greene, Darrell Clarke, Renee, Susan Clark, Richard Corlin, Virginia Clarke, Josh Boris, Pete Broderick, Bill Bauer, Daniel Beiberg, Don Nierlich, Fiona Lewis, Samara Hotman, Stephanie Barbanell, Jay Gordon, Simone Gordon, Jerry Bass, Susan Fraser, and Kathryn Morea.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to direct staff, when revising the ordinance, to consider the list of ideas and concepts listed in exhibit to Item 5-B, including, but not limited to the following:

- Hedges are part of the green fabric of the city;

- Unless necessary for public safety, the city should not cause removal of large, old growth hedges and trees;

- enforcement should include education and appropriate timeframes for compliance, and criminal enforcement should only be used after repeated disregard of enforcement efforts;

- a reasonable, fair and constitutional enforcement process must be used;

- grandparenting of existing hedges, including hedges that have been cut down due to City enforcement;

- grandparented status will be granted unless a contiguous neighbor can establish the ongoing presence of the hedge causes direct adverse impacts to the contiguous property;

- establish new, specific heights for hedges that are higher than the current height limits;

- unlimited height for hedges in side and rear yards if the owners and occupants of contiguous properties do not object;

- allow certain structures such as arbors and pergolas to exceed current front yard height limit

- provide for application for adjustment to allow hedges in front, rear or side yards to exceed the Aas of right@ limits;

- fees should be modest and not based on recovery;

- provide that the City may order a decrease in allowable height if it=s determined that a hedge creates a safety hazard, and provide property owner the ability to appeal such a determination to the City;

- staff to analyze the differences between single and multi-family neighborhoods and transition between the two types;

- City Attorney to analyze the pluses and minuses relative to the property changing owners/occupants.

- staff to study the rationale for having an ordinance versus not having an ordinance.

Substitute motion by Councilmember Katz, to direct staff to study the option of not having an ordinance and no limits to front, side and rear yards, except by complaint. The motion died for lack of a second.

The main 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

RECESS

On order of the Mayor, the City Council recessed at 10:00 p.m., and reconvened at 10:10 p.m., with Councilmembers Katz and O=Connor absent.

ORDINANCES:

PERS CONTRACT

7-A: Second reading and adoption of Ordinance No. 2144 (CCS) entitled: AAN ORDINANCE TO THE CITY OF SANTA MONICA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE MISCELLANEOUS EMPLOYEES WITH PRE-RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT AND FOURTH LEVEL OF 1959 SURVIVOR BENEFITS,@ was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Holbrook, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Katz, O=Connor

RESTAURANT CAPS

7-B: 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, 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.

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

Councilmember Katz returned at 10:12 p.m.

STAFF ITEMS:

1601 14^TH STREET ACQUISITION

8-A: Acquisition of real property located at 1601 14^th Street - recommendation to adopt Resolution 9987 (CCS) entitled: AA RESOLUTION APPROVING A NEGATIVE DECLARATION FOR THE PURCHASE OF PROPERTY LOCATED AT 1601 14^TH STREET@; to authorize the City Manager to negotiate and execute a purchase and sale agreement No. 8401 (CCS) with Riverstone/KC Limited Partnership for acquisition of said property@; to adopt Resolution No. 9988 (CCS) entitled: AA RESOLUTION OF INTENT ALLOWING FUTURE BOND PROCEEDS TO BE USED TO REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH THE PROJECT@; and to approve the proposed appropriation of funds and revenue changes, was presented.

The following members of the public spoke in support of acquisition of the property: Allen Michel, Neil Carrey, Bobby Shriver, Mario Fonda-Bonardi, Susan Cloke, Chris Harding and Jim Lee.

Motion by Councilmember Genser, seconded by Councilmember Katz to adopt the resolution approving the Negative Declaration, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember O=Connor

Motion by Councilmember Katz, seconded by Councilmember Genser, to authorize the City Manager to negotiate and execute a purchase and sale agreement. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember O=Connor

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

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

NOES: None

ABSENT: Councilmember O=Connor

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Holbrook, to approve the proposed appropriation of funds and revenue changes. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember O=Connor

PUBLIC HEARINGS:

CABLE RATES

9-A: Public hearing and recommendation to adopt Resolution No. 9986 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING A RATE ORDER REGARDING THE BASIC CABLE SERVICE TIER AND EQUIPMENT AND INSTALLATION RATES FOR CENTURY-TCI CALIFORNIA, L.P. DBA ADELPHIA COMMUNICATIONS CORPORATION@, was presented.

There was no one present for public comment.

Motion by Councilmember Katz, seconded by Councilmember Feinstein, to adopt resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember O=Connor

WRITTEN REQUESTS:

ARTISTS STUDIOS

12-A: Request from Wade Killefer to address Council regarding an alleged discrepancy in allowable heights for artist studios in the C1 and LMSD Zones and requesting an interim ordinance allowing three stories and 45= in the LMSD Zone, was presented.

Discussion ensued on the merits of the request. On order of the Mayor, and with the consensus of Council, this matter was continued to October 26, 2004, and staff was directed to provide an Information Item regarding appropriate process to address the request.

COUNCIL ITEMS:

APPOINTMENTS

13-A: Annual and special vacancy appointments to the following boards and commissions:

BUILDING & SAFETY COMMISSION

Building and Safety Commission - one vacancy for a term ending June 30, 2008.

On order of the Mayor, the floor was opened for nominations.

Councilmember Katz nominated James Wilson. There being no other nominations, Mr. Wilson was appointed by acclamation.

SENIOR COMMUNITY COMMISSION

Commission for the Senior Community - one special vacancy for a term ending June 30, 2007.

On order of the Mayor, this matter was continued to October 26, 2004.

STATUS OF WOMEN COMMISSION

Commission on the Status of Women - one vacancy for a term ending June 30, 2008.

On order of the Mayor, this matter was continued to October 26, 2004.

PERSONNEL BOARD

Personnel Board - one special vacancy for a term ending June 30, 2006.

On order of the Mayor, this matter was continued to October 26, 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 October 26, 2004.

DISABILITIES COMMISSION

13-B: Appointment to one special vacancy on the Disabilities Commission for a term ending June 30, 2006.

On order of the Mayor, the floor was opened for nominations.

Councilmember Katz nominated Patricia Richardson. There being no other nominations, Ms. Richardson was appointed by acclamation.

HOMELESS REPORT

13-C: Report to City Council by Mayor Bloom regarding the draft plan of Bring L.A. Home, the partnership to end homelessness.

On order of the Mayor, this matter was continued to October 26, 2004.

DECLAWING OF CATS

13-D: Request of Mayor Pro Tem McKeown that the Council direct staff to gather information regarding the non-therapeutic declawing of domestic cats, was presented.

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

MARINE LIFE PROTECTION ACT

13-E: Request of Mayor Pro Tem McKeown that the Santa Monica City Council urge the California Department of Fish and Game to implement the state's Marine Life Protection Act, to better protect the natural diversity and abundance of marine life, as well as the structure, function and integrity of marine ecosystems in California, was presented.

Member of the public Nancy Hastings spoke in support of the request.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to approve request. The motion was unanimously approved by voice vote, with Councilmember O=Connor absent.

PROPOSITION 68

13-F: Request of Mayor Bloom that the City Council oppose Proposition 68 (The Gaming Revenue Act of 2004), was presented.

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

Councilmember Katz was excused at 11:05 p.m.

CLOSED SESSIONS:

2-A: Conference with Legal Counsel B Existing Litigation: Karen King v. City of Santa Monica, Case No. BC 281 277.

Motion by Councilmember Holbrook, seconded by Mayor Bloom, to approve a settlement in the amount of $458,301.00. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers O=Connor, Katz

Motion by Mayor Bloom seconded by Mayor Pro Tem McKeown, to approve an appropriation for the settlement from Account No. 56232-522010. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers O=Connor, Katz

Councilmember Genser was excused at 11:10 p.m.

2-B: Conference with Legal Counsel B Existing Litigation: Los Angeles SMSA Limited Partnership v. City of Santa Monica, Case No. CV 04-3051 DSF.

Councilmember Genser requested to be excused from this matter due to a conflict of interest.

Motion by Councilmember Feinstein, seconded by Councilmember Holbrook, to approve a settlement with Verizon as follows:

1. Verizon shall submit for permit approval a design for three downsized antenna installations on 75 Colorado, 2500 Montana, and at Esparta/San Vicente. One installation will be on a City-owned street light and two installations will be on existing Edison-owned poles.

2. To the extent possible, all electronic equipment shall be undergrounded.

3. Verizon 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.

4. Verizon will be permitted to site up to three additional antennas on City-owned poles subject to the requirements of the new ordinance.

5. Upon execution of settlement documents the pending Federal Court lawsuit shall be dismissed with prejudice; Verizon shall waive damages and attorney=s fees; and Verizon 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 Holbrook, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmembers O=Connor, Katz, Genser

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

ACTION: No reportable action taken.

Councilmember Genser returned at 11:13 p.m.

2-D: Conference with Legal Counsel B Anticipated Litigation:

Number of cases: Five.

ACTION: Four cases heard. No reportable action taken on three.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to approve settlement for 1117-1123 Ocean Park Blvd., as follows: City agrees that it will not deny issuance of building permit for the addition on the grounds that sideyard setbacks of existing structures are non-conforming and lot-tie of 1117 and 1123 Ocean Park Boulevard should not have been granted. City will also extend Zoning conformance permit, ARB appeal, and plan check for ninety days. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers O=Connor, Katz

2-E: Conference with Labor Negotiator.

City Negotiator: Karen Bancroft, Director of Human

Resources

Bargaining Units: Administrative Team Association (ATA)

Executive Pay Plan

Public Attorney=s Legal Support Staff

Union (PALSSU).

Management Team Associates (MTA)

Municipal Employees Association (MEA)

Public Attorneys Union (PAU)

Santa Monica Firefighters Local 1109

Supervisors Team Associates (STA)

United Transportation Union (UTU)

ACTION: Heard. No reportable action taken.

2-F: Conference with real property negotiator:

Property: 1601 14th Street

City negotiator: Jeff Mathieu

Under negotiation: Interest in Real Property

Owner of Record: Riverstone LLC

ACTION: No reportable action taken.

2-G: Conference with Legal Counsel B Existing Litigation: Randall Martinez v. City of Santa Monica, Case No. SC 064 466.

Motion by Councilmember Holbrook, seconded by Mayor

Bloom to approve a settlement in the amount of $189,531. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers O=Connor, Katz

PUBLIC INPUT:

There was no one present for public input.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 11:15 p.m., in memory of Donald W. Douglas, Jr.

ATTEST: APPROVED: