M-11/11/2003
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 11, 2003
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5: 51
p.m., on Tuesday, November 11, 2003, at City Council Chambers, 1685 Main Street.
Roll Call
Present
Mayor Richard Bloom
Mayor Pro Tem Kevin McKeown
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7: 14 p.m.)
Councilmember Herb Katz
Absent
Councilmember Michael Feinstein
Counci1member 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 5:51 p.m., with
Councilmembers Holbrook, Feinstein, and O'Connor absent. The City
Council 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 expressed various concerns.
Motion by Councilmember Genser. seconded by Councilmember Katz, 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:
Councilmembers Genser, Katz, Mayor Pro Tem McKeown,
Mayor Bloom
None
Councilmembers O'Connor, Holbrook, Feinstein
NOES:
ABSENT
November 11, 2003
MINUTES
STATE ROUTE 187
BUBBA GUMP SHRIMP
1685 MAIN STREET
GRANT FUNDS
RADIO MAINTENANCE
PUBLIC SAFETY
FACILITY
CLOSED SESSIONS.
I-A: The minutes of special September 4, and regular September 9 and
regular September 23,2003, City Council meetings, were approved.
I-B: Recommendation to direct staff to initiate a process for naming
former State Route 187 between Palisades Beach Road and Ocean
Avenue, was approved.
l-C: Statement of Official Action for appeal related to project located
at 301 Santa Monica Pier (Bubba Gump Shrimp), was approved.
I-D: Statement of Official Action for appeal related to project located
at 1685 Main Street (Civic Center Parking Structure), was approved.
l-E: California Office of Traffic Safety Grant Funds -
recommendation to accept $20,456 in grant funds, authorize the City
Manager to negotiate and execute Agreement No. 8289 (CCS) with the
California Office of Traffic Safety, and approve proposed appropriation and
budget changes, was approved.
I-F: Radio equipment maintenance and repair contract -
recommendation to waive competitive bidding and authorize the City
Manager to negotiate and execute sole source Contract No. 8290 (CCS)
with Motorola, in the amount of$177,936, to provide rnaintenance and
repairs to radio equipment for Police, Fire and Big Blue Bus, was approved
I-G: Telephone Switching system for Public Safety Facility -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8291 (CCS) with Verizon California, Inc., in the amount of
$59,465.41, for equipment and services required to install a telephone
switching system, was approved.
On order of the Mayor, the City Council recessed at 5:55 p.m., to hear
closed sessions and reconvened at 6:55 p.m., with Councilmembers
O'Connor, Feinstein, and Holbrook absent to report action taken on the
following closed sessions:
2-E: Conference with Legal Counsel- Existing Litigation: Freddie
Moore v. City of Santa Monica, Case No. BC 290 478.
Motion by Councilmember Katz. seconded by Mayor Pro Tern McKeown,
to approve settlement in the amount of $25,000, with Ms. Moore to release
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November II, 2003
her claim against City and resign her position. The motion was approved by
the following vote:
AYES:
Councilmembers Katz, Genser, Mayor Pro Tem McKeown,
Mayor Bloom
None
Councilmembers Feinstein, Holbrook, O'Connor
NOES:
ABSENT:
2-F: Conference with Legal Counsel- Anticipated Litigation:
Number of cases: Eight.
Seven cases of anticipated litigation were not heard. One case was heard
and was settled as follows:
Motion by Mayor Bloom.. seconded by Mayor Pro Tem McKeown, to
approve settlement regarding storage space and office use at 1438-46 9th
Street as follows:
1. Property owner to file for a Zoning Ordinance Text Amendment
seeking the City amend its law to allow the use.
2. If City does not approve text amendment, property owner can file
lawsuit within 90 days of decision.
3. Allow property owner continued use as storage and office use
pending review of text amendment and any legal challenge should the text
amendment not be approved and the property owner files a lawsuit.
4. Ifproperty owner loses litigation, owner must cease use of property
within 90 days of litigation resolution date.
The motion was approved by the following vote:
AYES
Councilmembers Katz, Genser, Mayor Pro Tem McKeown,
Mayor Bloom
None
Councilmembers Feinstein, Holbrook, O'Connor
NOES:
ABSENT:
2-H: Conference with Legal Counsel- Existing Litigation: Carol Day
v. City of Santa Monica, Case No. SC 075 230.
Motion by Mayor Bloom.. seconded by Counci1member Katz, to approve
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November 11, 2003
settlement in the amount of $26,000. The motion was approved by the
following vote:
AYES
Councilmembers Katz, Genser, Mayor Pro Tem McKeown,
Mayor Bloom
None
Council members Feinstein, Holbrook, O'Connor
NOES:
ABSENT
On order of the Mayor, the Council will recess before the end of the meeting
to hear remaining closed sessions and will report any action taken thereafter.
INSPIRA nON: A.
Music for Veteran's Day was provided by piper Julie Grossman.
Counci/member Holbrook B
arrived at 7:14p.m.
Presentation to the City of Santa Monica was made in honor of
Thanksgiving, by the Santa Monica-Malibu PT A Council
ORDINANCES:
TBIRD STREET
PROMENADE
7-A: Introduction and first reading of an interim ordinance of the
City of Santa Monica establishing restrictions on formula retail
establishments located on the Third Street Promenade, was presented.
The following members of the public spoke in opposition to the proposal:
Janet Morris, Tony Olive, Anthony Delicau, Simon Honeybone, Barbara
Tenzer, Bill Tucker, Wally Marks, Kathleen Rawson, Vivian Benjamin, Joe
Romano, Joe Natoli, Chris Harding, John Warfel, Vince Mucelli.
Member of the public Rob Rader spoke in support of the proposal. Member
of the public Patricia Hoffinan suggested a delay in making a decision and
receiving more public input.
Motion by Councilmember Katz. seconded by Councilmember Genser, to
not introduce the ordinance, but recommend that the Bayside district study
the problems discussed, get input from the public and interested parties and
return to Council with a similar ordinance and better solutions within nine
(9) months. The motion was approved by the following vote:
AYES'
Councilmembers Katz, Genser, Mayor Pro Tern McKeown,
Mayor Bloom
Councilmember Holbrook
Councilmembers Feinstein, 0' Connor
NOES:
ABSENT:
RIGHT-OF-WAY/
PRIVATE VESTmULES
7-B: Introduction and first reading of an interim ordinance
authorizing businesses to place furniture, portable landscaping, and
cigarette disposal receptacles within the public right-of-way, and the
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November . 2003
display of merchandise in private vestibules.
On order of the Mayor, this matter was continued to future meeting.
STAFF ITEMS: 8-A: Policy discussion on Development Agreement Applications-
DEVELOPMENT recommendation to provide direction to staff on when developers should
AGREEMENTS POLICY pursue a development agreement, was presented.
COUNCIL ITEMS:
COMMISSION FOR
SENIOR COMMUNITY
PERSONNEL BOARD
ARB
PRC
NEIGHBORHOOD
ORGANIZATIONS
Member of the public Rob Rader expressed his opinion and concerns relatinB
this matter.
Discussion ensued and staff answered questions of Councilmembers.
On order of the Mayor, the information was received and filed. Staff was
deemed to have received direction based on the discussion and is to provide
an information report to confirm policy direction.
13-A: Appointment to one special vacancy on the Commission for the
Senior Community for a term ending June 30, 2006.
On order of the Mayor, this matter was continued to November 25,2003
13-B: Appointment to one annual vacancy on the Personnel Board for
a term ending June 30,2008, and one special vacancy for a term ending
June 30, 2006,
On order of the Mayor, this matter was continued to November 25,2003.
13-C: Appointment to one annual vacancy on the Architectural
Review Board for a term ending June 30,2007.
On order of the Mayor, this matter was continued to November 25,2003
13-D: Appointment to three annual vacancies on the Pier Restoration
Corporation with terms ending November 13, 2007.
On order of the Mayor, this matter was continued to November 25,2003.
13-E: Request of Councilmember Holbrook for Council to discuss
neighborhood organization funding protocol and oversight and to give
appropriate direction to staff for program changes for 2003-04, was
presented.
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November 11, 2003
SOCIAL SERVICES
COMMISSION
RESIGNATION
PREFERENTIAL
PARKINGZONEMM
PUBLIC INPUT:
CLOSED SESSIONS:
organizations that the City funds. The motion was unanimously approved by
voice vote, with Councilmembers O'Connor and Feinstein absent.
13-F: Appointment to one special vacancy on the Social Services
Commission for a term ending June 30,2006.
On order of the Mayor, this matter was continued to November 25,2003
13-G: Acceptance of Warren Malfer's letter of resignation from the
Housing Commission, and authorization for City Clerk to publish
vacancy, was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to accept letter with regrets, and authorize the City Clerk to publish the
vacancy. The motion was unanimously approved by voice vote, with
Councilmembers O'Connor and Feinstein absent.
13-H: Request of Councilmember Genser that the Council schedule a
public hearing to consider the adoption of a resolution to expand
Preferential Parking Zone MM to the east side of 9th Street, between
Michigan Avenue and Pico Boulevard, was presented.
Members of the public Christian Boyce and Kathryn Morea spoke in support
of the hearing.
Motion by Counci1member Genser, seconded by Councilmember Katz, to
direct staff to schedule a public hearing at the most convenient meeting date.
The motion was unanimously approved by voice vote, with Councilmembers
O'Connor and Feinstein absent.
Members of the public Art Casillas, B.A. Gray and Joy Fullmer expressed
various concerns.
On order of the Mayor, the City Council recessed at 9:25 p.m., to hear
remaining closed sessions and reconvened at 10:21 p.m., with
Councilmembers O'Connor and Feinstein absent, to report the following:
2-A: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No. 01CC4331.
ACTION:
Heard. No reportable action taken.
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November 1 L 2003
ADJOURNMENT:
2-B: Conference with Legal Counsel- Existing Litigation: Santa
Monica Housing Council v. City of Santa Monica, Case No. SC 074
683.
ACTION:
Not heard.
2-C: Conference with Legal Counsel- Existing Litigation: 2000
Main Street v. City of Santa Monica, Case No. SC 067 899.
ACTION
Not heard
2-D: Conference with Legal Counsel - Existing Litigation: Action I
Apartment Association v. City of Santa Monica, Case No. BC 271 062.
ACTION
Not heard
2-G: Conference with Legal Counsel- Existing Litigation: Rita Santora
v. City of Santa Monica, Case No. SC 075 063.
ACTION:
Heard. No reportable action taken.
On order of the Mayor, the City Council meeting was adjourned at 10:21 p.m.
in memory of Iva Watson, Don Evans, and Sister Mildred Marie Irwin.
ATTEST:
~ ~ -~^'JO~~
Maria M. Stewart
City Clerk
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November 11, 2003