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