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M-11/25/2003 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 25, 2003 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5: 5 5 p.m., on Tuesday, November 25,2003, at City Council Chambers, 1685 Main Street. Roll Call Present. Mayor Richard Bloom Mayor Pro Tern Kevin McKeown Councilmember Michael Feinstein Councilmember Ken Genser Councilmember Robert T. Holbrook (arrived at 7:00 p.m.) Councilmember Herb Katz Councilmember Pam O'Connor Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:55 p.m., with Councilmember Holbrook absent. Councilmember Genser 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. At the request of Council member Genser, Item l-C was removed from the Consent Calendar. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Feinstein, to approve all items on the Consent Calendar as presented except Item l-C, reading resolutions and ordinances by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers O'Connor, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Holbrook NOES: ABSENT: 1 November 25, 2003 MINUTES 4TH STREET IMPROVEMENTS 2225 4TH STREET 672 MARINE STREET DUMP TRUCKS REJECTION OF BID CLOSED SESSIONS: I-A: The minutes of October 14,2003, City Council meeting, were approved as presented. I-B: Fourth Street Neighborhood Traffic and Water Main Improvement Project - recommendation to authorize the City Manager to negotiate and execute Contract No. 8297 (CCS) with Majich Brothers, in the amount of$I,503,555, for construction ofthe project; and, an amendment to Contract No. 7788 (CCS) with DMR Team, in the amount of$llO,OOO, for construction management and inspection services, was approved. I-D: Statement of Official Action for existing neighborhood market located at 2225 4th Street, was approved. l-E: Statement of Official Action for nonconforming neighborhood market located at 672 Marine Street, was approved. I-F: Purchase of dump trucks - recommendation to award Bid No. 2858 to Boerner Truck Center, in the amount of $328,350.40, to furnish and deliver two CNG powered dump trucks, was approved. 1 C: Recommendation to reject Bid No. 286'9 to furnish electronic parking meter mechanisms and housings. and direct staff to reissue a modified request for proposals, was presented. Councilmember Genser advised he removed this item from the Consent Calendar to request that Council be presented with preliminary information on available types of parking meter mechanisms and possibly a brief study session. St~ advised that preliminary information would be provided to Councilmembers. Motion by Councilmember Genser. seconded by Councilmember Katz, to approve staff's recommendation. The motion was unanimously approved by the following vote: AYES Councilmembers O'Connor, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Holbrook NOES: ABSENT On order of the Mayor, the City Council recessed at 6: 19 p.m., to consider closed sessions and reconvened at 6:58 p.m., with Councilmember Holbrook absent, to report the following action taken: 2 November 25,2003 2-A: Conference with Labor Negotiator: City Negotiator: Karen Bancroft, Director of Human Resources Bargaining Units: Administrativle Team Association (AT A) Supervisors Tt~am Associates (STA) ACTION: Heard. See Items ll-A and l-B. 2-C: Conference with Legal Counsel- Eusting Litigation: Gregory Beauchamp v. City of Santa Monica, Case No. SC 075366. Motion by Councilmember O'Connor. seconded by Mayor Pro Tern McKeown. to approve settlement in the amount of $30,000.00. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers O'Connor, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Holbrook 2-D: Conference with Legal Counsel- Existing Litigation: Maria Stathas v. City of Santa Monica, Case No. SC 072 959. Motion by Councilmember Feinstein.. seconded by Councilmember O'Connor, to approve settlement in the amount of$60,000.00. The motion was approved by the following vote: AYES NOES: ABSENT: Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Holbrook 2-E: Conference with Legal Counsel- Existing Litigation: Irving Pell v. City of Santa Monica, Case No. SC 076 020. ACTION: Not heard. 2-F: Conference with Legal Counsel- Existing Litigation: Enayati v. City of Santa Monica, Case No. SS 011 735 ACTION: Heard. No reportable action taken. 3 November 25, 2003 2-G: Conference with Legal Counsel - In re Heard Communications, Inc., USBC, Case No. 02-32088 (DDS). ACTION: Not heard. 2-H: Conference with Legal Counsel - Existing Litigation: Patricia Gordon v. City of Santa Monica, Case No. BC 286 030. ACTION: Not heard. 2-1: Conference with Legal Counsel- Existing Litigation: Russell Bernard v. City of Santa Monica, Case No. BC 281367. ACTION: Not heard 2-J: Conference with Legal Counsel- Anticiipated Litigation: Number of cases: Five. ACTION: Three cases heard. No reportable action taken. ADMIN. PROCEEDINGS: 6-A: Appeal of Planning Commission's approval of Design 1311 CENTINELA Compatibility Permit, for project located at 1311 Centinela- recommendation to adopt Resolution No. 9904 entitled: "A RESOLUTION Council member Holbrook OF THE CITY OF SANTA MONICA APPROVING FINAL NEGATIVE arrived at 7:15 p.m. DECLARATION, AND DENY APPEAL AND UPHOLD PLANNING COMMISSION'S APPROVAL OF THE DESIGN COMP ATffiILITY PERMIT BASED ON THE PROPOSED FINDINGS AND CONDITIONS," was presented. Appellant Keva Rosenfeld, and architect Exal Gambel spoke in support of the appeal. Member of the public Jim Wynn spoke in support of the appeal. Members of the public Mary Lightfoot, Mary Hirsch and Brett Daniels spoke in opposition to the appeal. Motion by Mayor Pro Tern McKeown, to remand project to the Planning Commission for redesign. Motion died for lack of a second. Motion by Councilmember Genser. seconded by Councilmember O'Connor, to deny appeal, uphold decision and adopt resolution, reading by title only and waiving further reading thereof The motion was approved by the following vote: 4 November 25, 2003 ORDINANCES: NOISE ORDINANCE AYES: Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Bloom Mayor Pro Tern McKeown None NOES: ABSENT. 7-A: Introduction and first reading of an ordinance amending the City's Noise Ordinance, Chapter 4.12 of the Municipal Code, and authorization for the addition of one Codc~ Compliance Officer, was presented. Members of the public A. Holcomb, Dan Stuart, Reina Alvarez, Ellen Brennan and Michal Golan spoke in favor of the proposed ordinance and provided additional suggestions. Members of the public Jerry Rubin, Gary Gordon, and Jeff Sklar spoke in opposition to the proposed ordinance. Members of the public Sharon O'Rourke, representing the Gas Company, and Mark Olsen representing Edison, discussed various potential problems to their respective utility presented by the proposed ordinance and spoke in support of cooperation. Motion bv Councilmember Genser. seconded by Mayor Pro Tern McKeown, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof Discussion ensued on the merits of the ordinance. Substitute motion by Councilmember Katz, to hold proposed ordinance in abeyance. The motion died by lack of a second. Substitute motion by Councilmember Feinstein. seconded bv Council- member O'Connor, to direct staff to return with a revised ordinance excluding the shift from noise generator to noise receptor and amending Section 4.12.100 so that the underscored portion reads "unless this device is only audible through headphones or earphones." The motion was approved by the following vote: AYES NOES Councilmembers Feinstein, Katz, Holbrook, O'Connor Councilmember Genser, Mayor Pro Tern McKeown, Mayor Bloom None ABSENT: 5 November 25, 2003 DISCUSSION TO CONTINUE ITEMS RESOLUTIONS: ATAMOU STA MOU Councilmember Genser stated, for the record, that he voted in opposition because he believes it is government at its worse. That although it appears that Council is passing an ordinance, the ordinance as written will not modify the standard that currently exists that is not enforceable. He added that the effect of the ordinance, if passed, will only be window dressing and will be leaving things in the current state of unenforceablility. Mayor Pro Tern McKeown stated, for the record, that he voted in opposition because he believes the action was just a ploy to screen inaction to protect residents. Discussion ensued on the lateness of the hour. It was the consensus of Councilmembers, and on order of the Mayor, that the meeting will be continued to Tuesday, December 2,2003, to consider items 7-B, 8-A, 8-B, and 8-C, and the remaining items will be considered on this date. II-A: Resolution No. 9906 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE ADMINISTRATIVE TEAM ASSOCIATES," was presented. Motion by Councilmember Katz. seconded bv 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 O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT II-B: Resolution No. 9907 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SUPERVISORY TEAM ASSOCIATES," was presented. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz, to adopt resolution, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: '.''i 6 November 25. 2003 COUNCIL ITEMS: 13-A: Request of Councilmember Feinstein that the City Council send EMISSION REDUCTIONS a letter to the U.S. Environmental Protection Agency (EPA) and other appropriate officials, requesting that the U.S. EPA commit to further air pollution emission reductions from federally regulated sources and that the EPA delegate more authority to Southern California to control emissions from these sources. On order of the Mayor, this matter was continued to December 9,2003 PLANNING COMMISSION 13-B: Appointment to one special vacanq' on the Planning Commission for a term ending June 30, 2004. On order of the Mayor, this matter was continued to December 9, 2003 COMMISSION FOR SENIOR COMMUNITY 13-C: Appointment to one special vacanc)r on the Commission for the Senior Community for a term ending June 30, 2006. On order of the Mayor, this matter was continued to December 9,2003 PERSONNEL BOARD 13-D: Appointment to one annual vacancy on the Personnel Board for a term ending June 30, 2008, and one speci[al vacancy for a term ending June 30, 2006. On order of the Mayor, this matter was continued to December 9,2003 ARB 13-E: Appointment to one annual vacancy on the Architectural Review Board for a term ending June 30,2:007. On order of the Mayor, this matter was continued to December 9,2003 PIER RESTORATION CORPORATION 13-F: Appointment to three annual vacancies on the Pier Restoration Corporation with terms ending November 13, 2007. On order of the Mayor, the floor was opened for nominations. Councilmember Genser nominated all three incumbents, Cindy Bendat, Jean McNeil-Wyner and Linda J. Sullivan, with Ms. Sullivan reappointed to a third full term with a majority of the vote. The incumbents were appointed by acclamation, with all members present. SOCIAL SERVICES COMMISSION 13-G: Appointment to one special vacanC}' on the Social Services Commission for a term ending June 30,2006. 7 November 25, 2003 SMOKING ON BEACH AND PIER SUPPORT FORIDGH SCHOOL STUDENTS On order of the Mayor, this matter was continued to December 9, 2003 13-H: Request of Mayor Bloom that the City Council direct staff to review city policy regarding regulation of smoking and to return with a proposed ordinance banning smoking on public beaches and on the Santa Monica Pier, was presented. Motion by Mayor Bloom. seconded by Councilmember Katz, to approve request and to include the Pier Restoration Corporation in the review process. The motion was approved by voice vote, with Councilmember O'Connor voting in opposition, and all members present. 13-1: Request of Mayor Pro Tern McKeown that the Council support and encourage fund-raising efforts for a delegation of Santa Monica High School students representing Samohi at the January 2004 World Social Forum in Mumbai, India, with a matching grant from the Council discretionary fund to the Samohi Associated Student Body, was presented. Motion bv Mayor Pro Tern McKeown. seconded by Councilmember Katz, to approve $2,500 in matching funds. The motion was approved by the following vote: AYES Councilmembers Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmembers O'Connor, Holbrook None NOES: ABSENT: PROPOSITION "R" 13-J: Request of Mayor Pro Tern McKeown ~llDd Councilmember AFFORDABLE HOUSING Genser that Council direct staff to prepare an ordinance effective GOALS November 25, 2003, to facilitate meeting Proposition R affordable housing goals through permit streamlining incentives or through other incentives, fees or requirements, was presented. RECESS TO TUESDAY, DECEMBER 2, 2003 Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with all members present. On order of the Mayor, the City Council recessed at 12:10 a.m., to Tuesday, December 2, 2003, at 5:45 p.m. 8 November 25, 2003 COUNCIL MEETING RECONVENED BOOTLEG UNITS CLOSED SESSIONS Councilmember Holbrook arrived at 7:00 p.m. On order of the Mayor, the regular City Council meeting reconvened on Tuesday, December 2,2003, at 5:50 p.m., with Councilmembers Feinstein, Holbrook and O'Connor absent. 7-B: Introduction and first reading of an interim ordinance waiving certain development standards for rental units which were built or created without permits and registered with the rent control board prior to April 22, 2003, was presented. Members of the public Jeff Sklar and Kevin Kozal spoke in support of the proposed ordinance. Motion by Councilmember Genser. seconded by Councilmember Katz, to introduce the ordinance, reading by title only and waiving further reading thereof, amending page 9 or the ordinance, subsection (b) so that the first sentence reads: "A rental unit exempt from set back and density requirements pursuant to subsection (a) of this Section shall be required to provide parking for the unit pursuant to . . . unless the City's Parking and Traffic Engineer determines that the provision of parking is not feasible." The motion was approved by the following vote: AYES: Councilmembers Genser, Katz, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers O'Connor, Holbrook, Feinstein NOES: ABSENT: On order of the Mayor, the City Council recessed at 6: 19 p.m., to hear the following closed session and returned at 6:58 p.m., with Councilmember Feinstein absent, to report the following: 2-B: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331. Motion by Mayor Pro Tern McKeown. seconded by Council member Genser, to approve Settlement Contract No. 8298 (CCS) of $5,000,000.00 cash payment to the City from Unocal. The motion was app(oved by the following vote: AYES Councilmembers Katz, Genser, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Holbrook, Feinstein NOES: ABSENT 9 November 25. 2003 STAFF ITEMS: MIRAMAR HOTEL 1319 PALISADES BEACH ROAD 8-A: Proposed Development Agreement for the Fairmont Miramar Hotel - recommendation to hold discussion and provide direction regarding the project's potential public benefits and the appropriateness of entering into a Development Agreement for the redevelopment of this site, was presented. Members of the public Darrell Clarke and Arthur Harris discussed various issues pertinent to the recommendation. Discussion ensued regarding the project, its benefits, and its effect on residents and the public. Staff answered questions of Councilmembers. Motion by Councilmember Holbrook.. seconded by Mayor Pro Tern McKeown. to enter into negotiations for a development agreement considering the public input and Council comments, and assisting in the public process. The motion was approved by the following vote: AYES Councilmembers Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Katz Councilmetnber Feinstein NOES: ABSENT Councilmember Katz stated, for the record, that he voted no, not because he is concerned with the Development Agreement, but that the initial concept should have something or a portion that Council agrees with, and he is concerned that the final product will be what has been presented. 8-B: Proposed Development Agreement for project at 1319 Palisades Beach Road - recommendation to hold discussion and provide direction regarding the project's potential public benefits and the appropriateness of entering into a Development Agreement for the redevelopment of this site, was presented. Property owner M. McLure spoke in support of the recommendation. Member of the public Darrel Clarke expressed his opinion and concerns regarding this project. Motion by Councilmember Genser. seconded by Mayor Pro Tern McKeown, to approve staff recommendation and enter into negotiations for a development agreement, retaining rent control affordability for a specific length of time. The motion was approved by the following vote: 10 November 25. 2003 DEVELOPMENT- RELATED FEES PUBLIC INPUT ADJOURNMENT: AYES: Councilmembers O'Connor, Holbrook, Genser, Katz, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Feinstein NOES: ABSENT 8-C: Consideration of development related fees for certain discretionary permits related to Commercial Uses - recommendation to hold a public hearing; accept the proposed fee study; adopt Resolution No. 9905 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING FEES FOR THE PROACTIVE MONITORING OF CONDITIONAL USE, DEVELOPMENT REVIEW AND PERFORM- ANCE STANDARDS PERMITS FOR COMMERCIAL USES"; and authorize three new positions, as proposed, was presented. There was no one present for public comment. Motion bv Councilmember Genser. seconded by Mayor Bloom, to adopt resolution, reading by title only and waiving further reading thereof; amended to approve new program to apply to new discretionary permits; for existing businesses there is to be one round of inspections for all, and subsequently staff to provide status report to consider if modification is needed; for non-compliant businesses, keep re-inspecting until there is compliance; for existing businesses in compliance, inspect a percentage on a random basis, noting that the program is not to penalize those in compliance; and, approving up to three of the positions requested. The motion was approved by the following vote: AYES Councilmembers Katz, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Feinstein NOES: ABSENT: --;~. Member of the public Art Casillas discussed matters related to the Police Department. On order of the Mayor, the City Council meeting was adjourned Tuesday, December 2,2003, at 9:20 p.m., to December 9,2003, in memory of Gloria Richter Cohen and Alejandra Galvan. I ~~~.~~ Maria M. Stewart \ City Clerk A(JR~D: ~~m Mayor 1 November 25, 2003