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