M-11/27/2001
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 27,2001
A regular adjourned meeting of the Santa ~onica City Council was called to order by Mayor
Feinstein at 5:53 p.m., on Tuesday, November 27, 2001, at City Council Chambers, 1685 Main
Street.
Roll Call:
Present:
Mayor Michael Feinstein
Mayor Pro Tem Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:23 p.rn.)
Councilmember Herb Katz
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:00 p.m.)
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 5:53p.m., with
Councilmembers O'Connor and Holbrook absent. Councilmember Genser
led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: All items to be considered and approved in one motion unless removed by a
Councilmember for discussion.
Member of the public Joey Fullmer expressed various concerns.
At the request ofCouncilmember Genser, Item I-F was removed from the
Consent Calendar.
Motion by Councilmember Katz. seconded by Mayor Pro Tern Bloom, to
approve the Consent Calendar, except Item I-F, reading resolutions and
ordinances by title only and waiving further reading thereof The motion
was approved by the following vote:
AYES:
Councilmembers Katz, Genser, McKeown, Mayor Pro Tern
Bloom, Mayor Feinstein
None
Councilmembers O'Connor, Holbrook
NOES:
ABSENT:
1
November 27. 2001
EARTHQUAKE
RESOLUTION
I-A: Earthquake Recovery Resolution - Resolution No. 9719 (CCS)
entitled: "A RESOLl!l~ON OF THE CITY O. F SANTA MONICA
DECLARING THE rvuSTENCE OF A CONTINUING LOCAL
EMERGENCY," was' adopted.
SANTA MONICA
FESTIVALS
I-B: Contract to produce the 2002,2003 and 2004 Annual Santa
Monica Festivals- recommendation to authorize the City Manager to
negotiate and execute three-year Contract No. 8040 (CCS) with Community
Arts Resources, in the annual amount of$69,000, to produce the 2002,
2003, and 2004 Santa Monica Festivals, was approved.
HARTFORD INSURANCE l-C: Contract with Hartford Insurance Company - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8041
(CCS) with the Hartford Life Insurance Company, in an amount not to
exceed $615,000 per year, to provide life insurance and long-term disability
insurance coverage for City employees, was approved.
838 19TH STREET
I-D: Resolution No. 9720 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL TRACT MAP 52937"
- recommendation to adopt a resolution approving Final Parcel Map for a 5-
unit Condominium Project at 838 19th Street, was approved.
750 21 ST STREET
l-E: Resolution No. 9721 entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA APPROVING FINAL TRACT MAP 52827" -
recommendation to adopt a resolution approving Final Tract Map No.
52827 for a 6-unit Condominium Project at 750 21st Street, was approved.
PIER CAROUSEL
I-F: Maintenance Contract of Pier Carousel - recommendation to
authorize the City Manager to negotiate and execute Agreement No. 8042
(CCS) with Roth Management Company, in an amount not to exceed
$152,000, to operate and maintain the Santa Monica Pier carousel for a one-
year period, was presented.
Councilmember Genser advised that he pulled this item to suggest that staff
initiate a process to review and possibly adjust the fees charged to adults.
Motion bv Councilmember Genser,.seconded by Councilmember Katz, to
approve staff recommendation. The motion was approved by the following
vote:
2
November 27,2001
CLOSED SESSIONS:
Councilmember 0 'Connor
arrived at 6:00 p.m.
AYES:
Councilmembers McKeown, Genser, Katz, Mayor Pro Tem
Bloom, Mayor Feinstein
None
Councilmembers Holbrook, O'Connor
NOES:
ABSENT:
On order of the Mayor, the City Council convened at 6:00 p.m., and then
adjourned to consider closed sessions. Council reconvened at 7:14 p.m., to
report on action taken on some cases, as listed below.
Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Human Resources Director
Bargaining Units: Executive Pay Plan; Municipal Employees
Association
ACTION:
See Action taken on Items l1-A and 11-8.
2-D: Conference with Legal Counsel- Existing Litigation: David
Levv. et aI.. v. City of Santa Monica, Case No. SC 063 147.
ACTION:
Case heard. No reportable action taken.
2-F: Conference with Legal Counsel- Existing Litigation: Citv of
Santa Monica v. Walther, 2d Civ B143690, Case No. SC 043522.
ACTION:
Case heard. No reportable action taken.
Conference with Legal Counsel- Pending Litigation.
Number of cases: Five.
Councilmember Holbrook
arrived at 7:23 p.m. ACTION:
ORDINANCES:
HAZARDOUS VISUAL
OBSTRUCTIONS
3 cases heard. Approved settlement for one case as follows:
Motion by Councilmember Katz. seconded by Mayor Feinstein, to approve
settlement and allow condominium project to continue and to obtain
occupancy permit at 1107 Princeton Avenue. The motion was unanimously
approved by voice votp.
Action taken on remainder of closed sessions was reported at the end of the
meeting.
7-A: Second reading and adoption of an ordinance entitled: "AN
ORDINANCE OF TJiE CITY OF SANTA MONICA AMENDING THE
MUNICIPAL CODE ~HAPTER 9 REGARQING HAZARDOUS VISUAL
3
November 27, 2001
MORATORIUM _ 3RD
STREET PROMENADE
OBSTRUCTIONS ADJACENT TO VEHICLE AND PEDESTRIAN
RIGHT-OF-WAYS, AND FENCES AND WALLS IN THE HAZARDOUS
VISUAL OBSTRUCTION AREA," was presented.
Motion by Councilmember McKeown. seconded by Councilmember
O'Connor, to adopt the ordinance, reading by title only and waiving further
reading thereof.
Discussion ensued regarding applicable R-l regulations related to fence wall
and hedge heights, the grade that serves as the basis for measurement, and
how the requirements affect R-I residences with garages that are off, or
abut, alleys.
Substitute motion by Councilmember Katz. seconded by Councilmember
Genser, to direct stafIto modifY language in proposed ordinance as to R-l
single family residences that have a garage off, or abut an alley, there be
consideration for alternate methods for resolving the problem of vision. The
motion was unanimously approved by voice vote, with all members present.
7-B: Introduction and adoption of Emergency Ordinance No. 2030
(CCS) entitled: "AN ORDINANCE ESTABLISHING A MORATORIUM
ON THE DEVELOPMENT, CONVERSION, OR EXPANSION OF
COMMERCIAL USES ON THE THIRD STREET PROMENADE AND
DECLARING THE PRESENCE OF AN EMERGENCY," was presented.
The following members of the public expressed concerns to various sections
of the proposed ordinance and suggested possible alternatives: Ann
Greenspun, Charlie Christensen, Renay Fuller Lewis, Jerry Rubin, Ernest
Kaplan, Joe Natoli, Kathy Dodson, Isaac Levy, Patricia Hoffinan, Joe
Romano, Janet Morris, Bill Tucker, Wally Marks, Mike Grunning, and
Merilyn Ruddell.
Motion by Councilmember Katz. seconded by Councilmember O'Connor, to
adopt ordinance amended to restrict the moratorium to restaurants and to
buildings that house restaurants, that are trying to change to retail.
Motion to amend by Councilmember Genser, to ask stafIto re-craft
ordinance this evening to focus on restaurants and to make findings because
of the need to change the Specific Plan regarding retail mix. The motion
was accepted as friendly.
Planning Director Frick reviewed the changes to the proposed ordinance as
follows:
4
November 27, 2001
Page 5, Section 2(a), end of sentence" . . . and building permits related to
the change of use from restaurant to any other use located on the Third
Street Promenade."
Page 6, Section 2(b) at end of sentence ". . . or change in use from
restaurant to any other use on commercial property located on the Third
Street Promenade . . ."
Section 2( c) remains as submitted and Section 2( d) is deleted in its entirety.
City Attorney Moutrie reviewed the changes to the proposed ordinance,
relative to the findings, as follows:
Page 5, Section l(z) change to read: "How best to accomplish this end is a
complex question which will require detailed study, including a review of
the Specific Plan."
Page 5, Section (aa), amend the second sentence as follows: "The approval
of additional permits related to such conversion on the Promenade
pending the City's completion of its review . . ."
The motion, requiring five votes, failed by the following vote:
AYES:
Councilmembers Katz, Genser, O'Connor,
Mayor Pro Tem Bloom
Councilmembers McKeown, Holbrook, Mayor Feinstein
None
NOES:
ABSENT:
Councilmember Holbrook requested to change his "no" vote to a "yes"
vote. The motion was then approved by the following vote:
AYES:
Councilmembers Katz, Genser, O'Connor, Holbrook,
Mayor Pro Tem Bloom
Councilmembers McKeown, Mayor Feinstein
None
NOES:
ABSENT:
Councilmember McKeown, stated for the record, that he voted against the
motion because it doesn't fulfill Council's responsibility for long-range
vision.
5
November 27,2001
RECALL OF LAID OFF
EMPLOYEES
Mayor Feinstein stated, for the record, that although he supports strong and
decisive action for achieving the appropriate mix of businesses for the social
and economic health of the community, he voted against the motion because
he did not feel the motion achieved that goal.
7-C: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA ADDING
CHAPTER 4.65 TO THE SANTA MONICA MUNICIPAL CODE
CREATING REQUIREMENTS FOR THE RECALL FROM LAYOFF OF
EMPLOYEES OF CERTAIN BUSINESSES LOCATED IN THE
COASTAL ZONE AND EXTENDED DOWNTOWN CORE," was
presented.
The following members of the public spoke in support of the proposed
ordinance: Robin Waner, Ernie Pipes, Gil Leib, Todd Flora, Oscar de la
Torre, Erika Zucker, Steve Ury, Otilia Toledo, Lupe Stevenson, Marina
Calles, Celia Talavera, Douglas Manzano, Kurt Peterson, Esther Requeria,
and Rosa Osorto.
The following members of the public spoke in opposition to the proposed
ordinance: Ann Greenspun, Tim Dubois, Tom Larmore, and Robert Farzam.
Motion by Councilmember McKeown. seconded by Mayor Feinstein, to
introduce and hold first reading of the ordinance, reading by title only and
waiving further reading thereof, and amended by the following language:
"Add the following definition of 'Laid off employee:' Any employee who
was employed by the employer for six months or more and whose most
recent separation from active service with the employer occurred after
September 11,2001, and w~ due to lack of business, a reduction in force or
other economic, non-disciplinary reason."
"Add the following definition of 'Length of service:' The total of all periods
of time during which an employee has been in active service, including
periods oftime when the employee was on leave or on vacation.:
"Amend Section 4.65.030 to include procedure for recall of laid off
employees:
6
November 27, 2001
RECESS
STAFF ADMIN. ITEMS:
CROSSWALK
ENHANCEMENTS
4.65.030 Right of Recall
(a) Preference for laid off employees. An employer shall offer in
writing, to the last known address, of laid off employees all positions which
are or become available after the effective date of this ordinance for which
the laid off employees are qualified. A laid off employee is qualified for a
position if the employee (1) held the same or similar position at the same site
of employment at the time of the employee's most recent separation from
active service with the employer, or (2) is or can be qualified for the position
with the same training that would be provided to a new employee hired into
that position. The employer shall offer positions to laid off employees in an
order of preference corresponding to categories (1) and (2) in the preceding
sentence. Where more than one employee is entitled to preference for a
position, the employer shall offer the position to the employee with the
greatest length of service with the employer at the employment site.
(b) Time limit. A laid off employee who is offered a position'
pursuant to this ordinance shall be given not less than 14 days in which to
accept or decline the offer."
Motion to amend by Councilmember Genser in the above subsection (b) to
change the noticing period from 14 to 10 days; and, to add if last day falls
on a Saturday, Sunday or holiday;that the last day be the next business day
The motion was accepted as friendly.
The motion, as amended was approved by the following vote:
AYES:
Councilmembers McKeown, Genser, Mayor Pro Tern
Bloom, Mayor Feinstein
Councilmembers Holbrook, O'Connor, Katz
None
NOES:
ABSENT:
On order of the Mayor, the City CoUncil recessed at 11 :02 p.rn., and
reconvened at 11: 14 p.rn., with ail members present. .T
8-A: Conceptual approval of Crosswalk Enhancements and Street
Modifications for 26th Street.- recomm~n~ation to conceptually approve
crosswalk enhancements and street modifications for 26th Street; authorize
staff to proceed with the preparation of co~truction drawings and ,;<
specifications; and, appropriate $498,600 of mnds, as proposed, was
presented."."" , .
The following members of the public spoke in opposition to the proposal:
Lora, Linda Utsinger, and Chuck Allard.
7
.',
-j- ,
November 27. 2001
ELECTION CAMPAIGN
FINANCING
RESTRICTIONS
RENT CONTROL LAW -
PROPOSED CHARTER
AMENDMENT
RESOLUTIONS:
EXECUTIVE PAY PLAN
The following members of the public spoke in support of the proposal: Paula
Goldman, Stacy Abarbanel, and Lewis Perkins.
Members of the public Ken Ward and Kelly Olsen expressed various
concerns regarding the proposal and provided suggestions.
Motion to Councilmember McKeown. seconded by Mayor Feinstein, to
approve staff recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers Katz, Genser, McKeown, O'Connor,
Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
None
None
NOES:
ABSENT:
8-B: Discussion of election reform including possible modifications to
the City's Campaign Financing Restrictions.
On order of the Mayor, this matter was continued to December 11, 2001
8-C: Proposed Charter Amendments relative to the Santa Monica
Rent Control Law - recommendation that Council consider the proposed
Charter Amendment, conduct a public hearing, and either revise or approve
the proposed Charter Amendment. (Continued from October 23,2001)
On order of the Mayor, this item was withdrawn.
II-A: Resolution No. 9722 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
EXECUTIVE PAY PLAN," was presented.
Motion by Mavor 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 Katz, Genser, McKeown, O'Connor,
Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
None
None
NOES:
ABSENT:
8
November 27, 2001
MUNICIPAL
EMPLOYEES
ASSOCIATION
WRITTEN
COMMUNICATIONS:
REMOVAL OF SPEED
BUMPS
II-B: Resolution No. 9723 (CCS) entitled: "A RESOLUTION OF THE r
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
MUNICIPAL EMPLOYEES ASSOCIATION," was presented.
Motion by Councilmember Holbrook. seconded by Mayor Feinstein, to
adopt the resolution, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, McKeown, Genser,
Katz, Mayor Pro Tem Bloom, Mayor Feinstein
None
None
NOES:
ABSENT:
12-A: Request of Sindy Hawke to address Council requesting that
rubber speed humps be removed from 28th Street, was presented.
Member of the public Chuck Allord spoke in support ofthe request.
On order of the Mayor, the information was received and filed.
LIBRARY RESTROOMS 12-B: Request ofSindy Hawke to address CO\lncil requesting a chang...
in the policy regarding signs at the Santa Monica Main Library
restrooms.
COUNCIL ITEMS:
ARB VACANCY
PERSONNEL BOARD
BUILDING & SAFETY
The Mayor advised that this item was withdrawn at the request of Ms.
Hawke.
13-A: Appointment to one special vacancy on the Architectural
Review Board for a partial term ending June 30, 2002.
On order of the Mayor, this matter was continued to December 11,2001.
13-B: Appointment to one special vacancy on the Personnel Board for
a partial term ending June 30, 2004.
On order ofthe Mayor, this matter was continued to December 11,2001
13-C: Appointment to two annual vacancies on the Building & Safety
CODlJllission for terms ending June 30, 2005.
On order of the Mayor, this matter was continued to December 11,2001
9
November 27, 2001
COMMISSION ON
OLDER AMERICANS
AUTO DEALERS
TASK FORCE
13-D: Appointment to one special vacancy on the Commission on
Older Americans for a partial term ending June 30, 2003. .
On order of the Mayor, this matter was continued to December 11,2001
I3-E: Request of Mayor Feinstein to direct staff to explore alternatives
when studying the recommendations of the Auto Dealers Task Force,
including locations other than Santa Monica Boulevard. Based on
discussions with some auto dealers, expanding the scope of the
scheduled study, while not delaying it, may result in a more
comprehensive look at the challenges of benefitting both the
commercial and residential interests.
On order of the Mayor, this matter was continued to December 11,2001
VACANCY DE- I3-F: Request of Councilmember McKeown to direct staff to explore
CONTROLLED the implications of recent unanticipated tourism-related layoffs of
AFFORDABLE HOUSING Santa Monica residents, with respect to what short-term job losses may
mean to our long-term policies of sustaining our City's remaining
vacancy-decontrolled affordable housing stock; and to return with
timely recommendations. (Continued from November 13,2001).
UTILITY "DIRECT
ACCESS" OPTION
Councilmember Holbrook
was excused at 12:35 a. m.
PUBLIC INPUT:
Councilmember Katz was
excused at 12:48 p.m.
The Mayor advised that this item was withdrawn at the request of
Councilmember McKeown.
13-G: Request of Councilmember McKeown to direct staff to convey
to the State of California our City's support for re-instituting the
electricity utility "direct access" option, empowering consumers to
select their own supplier, particularly with regard to the choice to use
"green" renewable-resource generation, was presented.
Motion by Counc~ember McKeown. seconded by Mavor Feinstem, to
approve request. The motion was unanimously approved by voice vote,
with Councilmember Holbrook absent.
The following members ofthe public addressed Council as follows: Art
Casillas expressed concerns related to the Police Department; Pro Se
expressed various opinions related to the position of the Mayor; Clifford
Stem expressed concerns regarding water fluoridation; and Patricia Gordon
regarding the City's hiring practices. .
10
November 27,2001
RECESS/CLOSED
SESSIONS
ADJOURNMENT:
On order ofthe Mayor, the City Council recessed at 12:47 a.m., and
reconvened at 1:15 a.m., with Councilmembers Holbrook and Katz absent,
to report the following:
2-B: Conference with Legal Counsel- Existing Litigation: Southern
California Watery. City of Santa Monica, Case No. SC 064 682.
ACTION'
Case heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co.. et al., Orange County Superior Court
Case No. 01CC04331.
ACTION
Case heard. No reportable action taken.
2-E: Conference with Legal Counsel- Existing Litigation: James
Bell v. City of Santa Monica. et aI., Case No. BC 052 215.
Motion by Councilmember O'Connor, seconded bv Mayor Pro Tern Bloom,
to approve settlement in the amount of$831,098.20, and approve the
settlement amount appropriation from account 56232.522010. The motion
was approved by the following vote:
AYES:
Councilmembers Genser, McKeown, O'Connor, Mayor Pro
Tem Bloom, Mayor Feinstein
None
Councilmembers Katz, Holbrook
NOES:
ABSENT:
On order of the Mayor, the City Council meeting was adjourned at 1 :20
a.m., to December 11,2001, in memory oflrmgard Lenel, Francis Goplen,
Robert Haag, Joseph Rivas, Sr., and George Quigley.
-c~~
:.... ~ -~~e.-A-
Maria M. Stewart
City Clerk
AP~ROV:D:___ . (
/~~~ /,/,. ( ,-(:,
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~.
Michael Feinste1n
Mayor
11
November 27.2001