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M-4/9/2002 CITY OF SANTA MONICA CITY COUNCIL MINUTES April 9, 2002 A regular meeting ofthe Santa Monica City Council was called to order by Mayor Feinstein at 5:51 p.rn., on Tuesday, April 9, 2002, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Michael Feinstein Mayor Pro Tern Kevin McKeown Councilmember Ken Genser Councilmember Robert T. Holbrook (arrived at 6:55 p.m.) Councilmember Herb Katz Councilmember Richard Bloom Councilmember Pam O'Connor (arrived at 6:15 p.rn.) Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart Records Management Coordinator Melodi A. Pearson CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:51 p.rn. with Councilmembers Holbrook and O'Connor absent. Councilmember Bloom led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. There was no one present for public comment. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Bloom, 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: Councilmernbers Bloom, Genser, Katz, Mayor Pro Tern McKeown, Mayor Feinstein. None Councilmernbers Holbrook, O'Connor. NOES: ABSENT: MINUTES 235 OCEAN PARK BOULEVARD APPROPRIATION OF ST ATE COP'S FUNDS CURB RAMPS CLOSED SESSIONS Councilmember 0 'Connor arrived at 6: 15 p. m. Councilmember Holbrook arrived at 6:55 p. m. I-A: Minutes of February 26, and March 5, 2002, City Council meetings were approved. 1-B: Resolution No. 9755 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP 26120" - recommendation to adopt a resolution approving the Final Parcel Map No. 26120 for a 3-unit condominium project at 235 Ocean Park Boulevard. Resolution not approved due to incorrect Tract Map Number on Resolution and staff report. See meeting of 5/14/02 for adoption of Resolution No. 9755 (CCS). Authorization by the City Manager to negotiate and execute Contract No. 8094 (CCS) for a Subdivision Improvement Agreement, was approved. 1-C: Designation of uses for State Citizens' Option for Public Safety funding and appropriation of funds for expenditure - Orecommendation to authorize the proposed uses for $211,070 in funds, and approve the recommended appropriation, was approved. 1-D: Contract with Damon Construction Company - recommendation to authorize the City Manager to negotiate and execute Contract No. 8095 (CCS) with Damon Construction Company, in the amount of$124,600, for the construction of various ramps locate throughout the City of Santa Monica, was approved. Member of the public Margaret Strubel, on behalf of the Oaks Project, spoke in support of implementing the proposition as it relates to item 2-A. On order of the Mayor, the City Council adjourned at 6:00 to consider closed sessions and reconvened at 6:55 p.m., with all Councilmembers present, to report the following: 2- A: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Maria Stewart, Case No. SC 067 033. ACTION: Case heard. No reportable action taken. 2-B: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 01CC04331. ACTION: Case heard. No reportable action taken. 2 April 9, 2002 REQUEST TO ADD EMERGENCY ITEM TO AGENDA ADMINISTRATIVE PROCEEDINGS: CIVIC AUDITORIUM APPEAL 2-C: Conference with Legal Counsel- Anticipated Litigation: Number of cases: Four. ACTION: Not Heard. 2-D: Conference with Labor Negotiator: City Negotiator: Karen Bancroft, Personnel Director. Bargaining: Units: Administrative Team Association ACTION: See Action taken on Item 11- A 2-E: Conference with Legal Counsel - Existing Litigation: Andv Goldbel1! v. Citv of Santa Monica, Case No. LASC No. SS 010548. ACTION: Case heard. No reportable action taken. Motion by Councilmember Katz. seconded by Councilmember Holbrook, to request the addition of an emergency 12 item to this evening's agenda regarding discussion ofa proposed "Homeowners for Freedom of Choice Initiative," currently being circulated in the City. The motion failed 6 to 1 by a voice vote, with all members present. 6-A: Appeal of Landmarks Commission decision designating 1855 Main Street (Civic Auditorium) as a City Landmark - recommendation to uphold the decision of the Landmarks Commission designating the Civic Auditorium as a City Landmark, with the proposed findings. Applicant: City of Santa Monica, Appellant: Councilmember Herb Katz. Councilmember Katz, stated that after requesting advice from the City Attorney, he is waiving his right to present the appeal in order to be able to participate in the deliberation process. Members of the public Ruthann Lehrer, Alan Leib, Victory Fresco, Trudi Sandmeier, Barbara Schnizlar, Bruce Becket, Jerry Rubin, Bea Nemlaha, and Pam Vavra spoke in opposition to the appeal and in favor of the decision of the Landmarks Commission. Member of the public Tom Carter expressed his opinion. Members of the public Eric Parlee, Jean Gebman, Greg Spotts, and Chuck Allord spoke in support of the appeal. 3 April 9, 2002 Discussion ensued regarding the preservation of historical landmarks and how landmarks contribute to making a healthy balance in the community. Motion by Councilmember O'Connor. seconded by Councilmember Genser, to deny the appeal and uphold the Landmarks Commission designation. The motion was approved by the following vote: AYES: Councilmembers Holbrook, O'Connor, Bloom, Genser, Mayor Pro Tern McKeown, Mayor Feinstein Councilmember Katz None NOES: ABSENT: Councilmember Katz stated for the record, that his no vote reflects his thinking to include the need for complete flexibility in altering the Landmarks Ordinance and the usages. ORDINANCES: DEVELOPMENT STANDARDS 7-A: Second reading and adoption of interim Ordinance No. 2042 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE EXTENDING THE MODIFICATIONS TO DEVELOPMENT STANDARDS AND BUILDING HEIGHT PROJECTIONS FOR PROJECTS DEVELOPED WITHIN THE R2 LOW DENSITY MUL TIPLE FAMILY RESIDENTIAL, R3 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL AND R4 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS AND TO THE REQUIREMENTS FOR DEMOLITION PERMITS," was presented. Motion by Mayor Pro Tern McKeown. seconded by Councilmember O'Connor. to adopt the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmember Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein > None None NOES: ABSENT: 4 April 9, 2002 CODE ENFORCEMENT 7-B Introduction and first reading of an ordinance entitled: FINES AND PENALITIES "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE CHAPTERS 1 AND 8 RELATING TO CODE ENFORCEMENT AND THE IMPOSITION OF ADMINISTRATIVE FINES AND ADMINISTRATIVE PENAL TIES," was presented. Members of the public Chuck Allord, Joey Fulhner, Chris Harding, Ken Kutcher and James Isaacs spoke in favor of the ordinance and suggested some amendments for clarification. Motion by Mayor Pro Tern McKeown. seconded by Mayor Feinstein. to introduce the ordinance amended to read as follows: Adding to Section 1.09.010, page 5, (b) The phrase ". ..applies to discrete and transitory or easily remediable violations of the Code." Add the word "directly" to Section 1.09.130 so the phase reads "Any person directlv aggrieved by an administrative decision of a Hearing Officer". Adding to Section 1.09.150 "...or stating that the grantee, transferee, mortgagee, or lessee intends to timely challenge the citation. The transfer C)f ownership in violation of this Section shall not abrogate the transfer". Adding to Section 1.10.080 (b) "...and the City...." Adding to Section 1.10.130 (b) "or special assessment." Adding to Section 1.10.230".. .or stating that the grantee, transferee, mortgages, or lasses intends to timely challenge the citation." Adding to Section 8.08.015 "...or any subordinate authorized to act on behalf f the Building Officer." Removing language from page 34 Section 8.08.015 (4) and page 36 Section 8.08.070 (3) respectively, "...theBuilding Officer has determined that..." and "Any affected person shall thereafter, upon petition directed to the Building and Safety Commission, be afforded a hearing as prescribed by this Technical Code," and removing the following language from Section 12, "This Ordinance shall become effective thirty days after its adoption." Readingthe Ordinance by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmember Katz, Genser, Bloom, O'Connor, Mayor Pro Tern McKeoWn, Mayor Feinstein None Councilmember Holbrook None NOES: ABSTAIN: ABSENT: RECESS On order of the Mayor, the City Council recessed at 9:40 p.m., and reconvened at 9:55 p.m. with all members presents. 5 April 9, 2002 STAFF ADMIN. ITEMS 8-A: The Santa Monica Disability Community Accessibility PROPOSED DISABILITY Committee Report and recommendation to direct statJto prepare COMMISSION an ordinance for the creation of a Disabilities Commission, was presented by co-chairs Dr. Elizabeth Bancroft and Elizabeth Bogen. Members of the public Chris Krauf, Julie Klein, Sam Genensky, J.D. Harber, Kecia Weller, Christofer Arroyo, Jerry Rubin, Mary Ann Glicksman, and Pam Vavra spoke in favor of creating a Disabilities Commission. Member of the public Brian Quincy Hutchinson expressed various concerns. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz. to approve the staff recommendation and direct the City Attorney to develop an ordinance for the creation of a Disabilities Commission. Motion to amend by Councilmember Katz. to name it "Accessibility Commission" . Mayor Pro Tern McKeown advised that he accepts the motion as friendly provided that the matter is opened for discussion and public input when the ordinance comes back to Council. Councilmember Katz was agreeable and the motion was accepted as friendly. Discussion ensued regarding the importance of the Commission being proactive in dealing with issues with all Boards and Commissions. Motion to amend by Councilmember O'Connor. to change wording of page 16, bullet point three, to read "Provide input to different commissions and committees including Housing Commission, Architectural Review Board, Planning Commission, Social Services Commission, Commission on Older Americans, Recreation and Parks Commission, and the School District about disability issues". The motion was accepted as friendly. Motion to amend by Councilmember Genser. to add language to page 18 to keep the Disability Community Accessibility Committee in place until the Disabilities Commission is established. The motion was accepted as friendly. The motion, as amended, was approved by the following vote: 6 April 9, 2002 AYES Councilmember Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeo~ Mayor Feinstein None None NOES: ABSENT DOWNTOWN PARKING 8-B: Conceptual approval of Downtown Parking Task TASK FORCE Force's recommended strategic plan to retrofit, rebuild and RECOMMENDATION add parking resources in Downtown Santa Monica and to authorize staff to proceed with implementation steps, was presented. Members of the public Linda Sullivan, Ellen Brennan, John Warfel, Bill Tucker and Michael Klein spoke in support of the Downtown Parking Task Force's recommended strategic plan. Member ofthe public Joey Fullmer expressed various concerns. Motion by Councilmember Holbrook. seconded by Mayor Feinstein. to approve staff recommendation. Motion to amend by Mayor Feinstein. to include an analysis to design the structures with solar capabilities for solar collection facilities. Motion was accepted as friendly. The motion, as amended, was approved by the following vote: AYES Councihnembers Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tern McKeo~ Mayor Feinstein None None NOES: ABSENT: PROMENADE USES TASK FORCE 8-C: Recommendation to appoint three Councilmembers and one property owner representative to the Promenade Uses Task Force, was presented. Discussion ensued regarding how to select Councilmembers for the Task Force. After some discussion it was determined that slates of three Councihnember would be nominated and then voted on. Councihnember Katz nominated Slate # 1 Councihnembers Katz. O'Connor and Mayor appointment to the Promenade Users Task Force. consisting of Feinstem, for 7 April 9, 2002 PUBLIC HEARING FAIR HOUSING REPORT RESOLUTIONS: MOU - ADMIN. TEAM ASSOCIATES Mayor Pro Tern McKeown nominated Slate #2 consisting of Councilmembers Genser. O'Connor and Mayor Feinstein. for appointment to the Promenade Users Task Force. Slate #1 was approved by the following vote: Slate #1 Councilmembers Holbrook, O'Connor, and Katz, Mayor Feinstein Councilmember Bloom, McKeown, and Genser Slate #2 Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz, to appoint Merlyn W. Ruddell to the Promenade Users Task Force. The vote was approved by the following vote: AYES: Councilmembers Holbrook, Bloom, Katz, Mayor Pro Tern McKeown, Mayor Feinstein None Councilmembers Genser and O'Connor None NOES: ABSTAIN: ABSENT: 9-A: Assessment of Impediments to Fair Housing Report and recommendation to receive and file. Members of the public Joey Fullmer and Tom Carter spoke in support of the report. Motion by Councilmember Katz. seconded by Councilmember Bloom. to receive and file the report. The motion was unanimously approved by voice vote, with all members present. II-A: Resolution No. 9756 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING ATHE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTATDING WITH THE ADMINISTRATIVE TEAM ASSOCIATES," was presented. Motion by Mayor Feinstein. seconded by Mayor Pro Tern McKeown. to adopt resolution reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, Bloom, O'Connor Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: 8 April 9, 2002 WRITTEN 12-A: Request of Kelly Olsen to address the City Council COMMUNICATIONS: regarding the Planning Commission and the Architectural RULES OF DISCLOSURE Review Board's adoption of rules of disclosure of ex parte meetings and communications when acting as quasi judicial bodies and to present material and information received from the City Attorney's office regarding the need for public disclosure of such communications from quasi judicial bodies regardless of formal adoption of disclosure rules. This item was continued to a future meeting at Mr. Olsen's request. COUNCILMEMBER ITEMS: BUILDING & SAFETY COMMISSION 13-A: Appointment to two annual vacancies on the Building & Safety Commission for terms ending June 30, 2005. On order of the Mayor, the floor was opened for nominations. Councilmember Katz nominated David Schaffer to the commission. There being no other nominations, David Schaffer was appointed by acclamation, with all members present. At the request of Councilmember Genser, the second vacancy for a term ending June 30, 2005, was continued to May 14, 2002. COMMISSION ON OLDER AMERICANS 13-B: Appointment to two special vacancies on the Commission on Older Americans. One vacancy for a partial tenn ending June 30, 2003 and one vacancy for a full term ending June 30, 2005. On order of the Mayor, the floor was opened for nominations. Councilmember Bloom nominated Joel Greenberg for the term ending June 30, 2005. There being no other nominations, the appointment was approved by acclamation. At the request ofCouncilmember Bloom, the second vacancyfortenn ending June 30, 2003, was continued to May 14, 2002. ARTS COMMISSION RESIGNA TION 13-C: Acceptance of Charles Gaines' letter of resignation from the Arts Commission, and recommendation to authorize the City Clerk to publish the vacancy. Motion by Mayor Pro Tern McKeown. seconded by Mayor Feinstein. to accept the resignation with regrets, and authorize publishing of vacancy. The motion was unanimously approved by voice vote, with all members present. 9 April 9, 2002 COUNCIL'S RULES OF ORDER CALIFORNIA COMMISSION ON TAX POLICY REBUILDING OF RESIDENTIAL PROPERTIES AFTER DISASTERS SOCIAL SVCS. COMM. RESIGNA TION Counci/member Katz was excused at 12:08 a.m. 13-D: Request of Mayor Feinstein to direct staff to amend the Council's Rules of Order and Procedure for the Conduct of City Council Meetings to change the regular Council meeting starting time from 5:45 p.m. to 5:30 p.m. Motion by Mayor Feinstein. seconded by Councilmember Katz, to approve the request. The motion failed 4 - 3, by a voice vote, with all members present. 13-E: Request of Mayor Michael Feinstein to waive the fee for the use of the Council Chambers by the California Commission on Tax Policy in the New Economy's public hearing to be held on Thursday, May 16,2002. Member of the public Brian Quincy Hutchings expressed concerns. Motion by Mayor Feinstein. to approve request. The motion, duly seconded, was unanimously approved by voice vote, with all members present. 13-F: Request of Mayor Pro Tern McKeown to direct staff to examine policies and practices regarding rebuilding of residential properties after fires and other disasters, if necessary returning with suggested ordinance language harmonizing the Municipal Code with the City Charter. Members of the public John Oursland and Brian Quincy Hutchings spoke in favor of the request. Motion of Mayor Pro Tern McKeown. seconded Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with all members present. 13-G: Acceptance of Jamila Jones' letter of resignation from the Social Services Commission, and recommendation to authorize the City Clerk to publish the vacancy. Motion by Mayor Feinstein. seconded by Councilmember Genser. to accept the resignation with regrets, and authorize publishing of vacancy. The motion was unanimously approved by voice vote, with Councilmember Katz absent. 10 April 9, 2002 TENANT PROTECTION 13-~Request of Mayor Pro Tern McKeown that the Santa AND HOUSING. ~ Monica City Council support state housing and tenant protection bills SB 1403 (Kuehl), SB 1227 (Burton) and AB 2330 (Minden), and that Santa Monica's support be promptly communicated to appropriate legislators and Governor Davis, was presented. Members of the public Pam Vavra, Sean Davila and Scott Chaplowe spoke insupport of the request. ~~. Councilmember Katz returned at 12:10 a.m. . ~.,. 1:. ~ PUBLIC INPUT ADJOURNMENT: Motion of Mayor Pro Tern McKeown.. seconded by Mayor Feinstein, to approve request. The motion was unanimously approved by voice vote with all members present . ,4'" ' ".~ Members ofthe public Anthony Hilder, Brian Quincy Hutchings, Joe Natoli and Art Casillas addressed various concerns. On order of the Mayor, the City Council meeting was adjourned at 12:32 a.m to April 23, 2002. ATTEST: , iJ 1JltAd tl/Pa~~ APPRfL' D: ~4/ Michael einstein Mayor Melodi A. Pearson Records Management Coordinator 11 April 9, 2002