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M-12/16/2003 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 16, 2003 A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:51 p.m., on Tuesday, December 16, 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 Herb Katz Councilmember Pam O'Connor at (arrived at 6:20 p.m.) Absent Councilmember Robert T. Holbrook 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 5:51 p.m., with Councilmembers O'Connor and Holbrook absent. City employee Lauralee Asch 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 her view on various Consent Calendar items. At the request of Council member Feinstein, Item I-D was removed from the Consent Calendar. Motion by Councilmember Feinstein. seconded by Councilmember Katz, to approve all items on the Consent Calendar as presented except Item I-D, 1 December 16, 2003 MINUTES GRANT FUNDS AB 1160 MEDICAL BENEFITS DEVELOPMENT AGREEMENTS RECESS TO JOINT MEETING AND THEN CLOSED SESSION reading resolutions and ordinances by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers O'Connor, Holbrook NOES: ABSENT: I-A: The minutes of the November II, 2003, City Council meeting were approved as submitted. I-B: Resolution No. 9917 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING APPLICATION FOR CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION GRANT FUNDS," and Resolution No. 9918 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING APPLICATION FOR ROBERTI- Z'BERG-HARRIS BLOCK GRANT FUNDS," were adopted. I-C: Opposition to AB 1160 - Second UnitslDensity BonuseslHousing on School sites - recommendation to oppose AB 1160 and authorize City staff to take necessary actions, was approved. I-E: Resolution No. 9919 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING SETTING TERMS AND CONDITIONS OF MEDICAL INSURANCE COVERAGE FOR THE CITY'S NON-SAFETY EMPLOYEES AND ESTABLISlDNG A FLEXIBLE SPENDING ACCOUNT PLAN FOR COVERED EMPLOYEES," was adopted. I-D: General Guidelines for Development Agreement Applications ~ recommendation that Council approve the proposed guidelines for development agreement applications, was presented. Councilmember Feinstein requested to hold this matter until Councilmember O'Connor is present. On order of the Mayor, the Regular Council meeting recessed at 5:58 p.m., to a joint meeting of the Housing Authority and the Parking Authority, reconvened at 6:00 p.m., recessed to closed session and reconvened again to 2 December 16, 2003 Council member 0 'Connor arrived at 6:20 p.m. the regular meeting at 7:04 p.m., with Councilmember Holbrook absent, to report the following: 2-A: Conference with Labor Negotiator: City Negotiator: Karen Bancroft, Director of Human Resources Bargaining Units: Public Attorneys Legal Support Staff Union (PALSSU) ACTION: Heard. See Item II-A. 2-B: Conference with Legal Counsel- Existing Litigation: Russell Bernard v. City of Santa Monica, Case No. BC 281367. ACTION: Heard. No reportable action taken. 2-C: Conference with Legal Counsel- Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. SC 074 683. ACTION: Heard. No reportable action taken. 2-D: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 01CC04331. ACTION: Heard. No reportable action taken. 2-E: Conference with Legal Counsel ~ Existing Litigation: Mahbobeh Ashorzadeh v. City of Santa Monica, Case No. SS 068 384. Motion by Councilmember O'Connor. seconded by Councilmember Katz, to approve settlement of$57,500. The motion was approved by the following vote: AYES Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Holbrook NOES: ABSENT: 2-F: Conference with Legal Counsel- Existing Litigation: Irving Pell v. City of Santa Monica, Case No. SC 076 020. Motion by Councilmember Katz. seconded by Councilmember O'Connor, to 3 December 16, 2003 DEVELOPMENT AGREEMENTS approve settlement of $25,000. The motion was approved by the following vote: AYES: Councilmembers Feinstein, Katz, GEnser, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Holbrook NOES: ABSENT: 2-G: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Six. ACTION action: Heard five cases. On one case, Council took the following Motion by Councilmember Feinstein. seconded by Councilmember Genser, to approve joining the lawsuit of cities and counties against the State, regarding the disbursement of vehicle license fees. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. On order ofthe Mayor, all Councilmembers being present, discussion on Item I-D continued. I-D: General Guidelines for Development Agreement Applications ~ recommendation that Council approve the proposed guidelines for development agreement applications, was presented. Motion bv Councilmember Feinstein. seconded bv Councilmernber O'Connor, to approve recommendation amended to add a 5th category for projects that have the potential for creative mitigations that might not otherwise be requirable. The motion failed by the following vote: AYES NOES. Councilmembers Feinstein, O'Connor Councilmembers Katz, Genser, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Holbrook ABSENT: Motion by Councilmember Genser. seconded by Mayor Pro Tern McKeown, to approve staff recommendation. The motion was approved by voice vote, with Councilmember Feinstein voting in opposition, and Councilmember Holbrook absent. Councilmember Feinstein stated, for the record, that he supports the guidelines but voted in opposition because he does not believe Council gave 4 December 16, 2003 ORDINANCES: BOOTLEG UNITS PUBLIC-RIGHT-OF- WAY; VESTIBULES DEVELOPMENT REVIEW THRESHOLDS itself enough flexibility to achieve the greatest public benefit. 7-A: Second reading and adoption of Interim Ordinance No. 2100 (CSS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA WAIVING CERTAIN DEVELOPMENT STANDARDS FOR RENTAL UNITS WHICH WERE BUILT OR CREATED WITHOUT PERMITS AND REGISTERED WITH THE RENT CONTROL BOARD PRIOR TO APRU., 22,2003," was presented. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz, to adopt ordinance, reading 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: 7-B: Second reading and adoption of Interim Ordinance No. 2101 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AUTHORIZING BUSINESSES TO PLACE FURNITURE, PORT ABLE LANDSCAPING, AND CIGARETTE DISPOSAL RECEPTACLES WITIllN THE PUBLIC RIGHT-OF-WAY, AND THE DISPLAY OF MERCHANDISE IN PRIVATE VESTffiULES," was presented. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Feinstein, to adopt ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES Councilmembers O'Connor, Katz, Feinstein, Mayor Pro Tern McKeown Councilmember Genser, Mayor Bloom Councilmember Holbrook NOES: ABSENT 7-C: Second reading and adoption of Ordinance No. 2102 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE SANTA MONICA MUNICIPAL CODE TO MODIFY DEVELOPMENT REVIEW THRESHOLDS AND TO EXEMPT CERTAIN HOUSING PROJECTS FROM THE MODIFIED DEVELOPMENT REVIEW THRESHOLDS," was presented. Motion by Councilmember Feinstein. seconded by Councilmember Genser, 5 December 16, 2003 REAL ESTATE: DISCLOSURE OF HISTORIC RESOURCE PRIVATE DINING FACILITIES to adopt ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmembers O'Connor, Katz Councilmember Holbrook NOES: ABSENT: Motion by Councilmember Genser. seconded by Councilmember Katz, to encourage staff to explore the general topic of off-site affordable units and the possibility that under certain circumstances require a greater number of affordable units than would be required under the current inclusionary housing plan. The motion was approved by voice vote, with Councilmember Katz voting in opposition and Councilmember Holbrook absent. 7-D: Second reading and adoption of Ordinance No. 2103 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING CHAPTER 9.60 TO THE MUNICIPAL CODE TO REQUIRE OWNERS OR SELLING AGENTS OF REAL PROPERTY TO DISCLOSE WHEN THE PROPERTY IS DESIGNATED AS A mSTORIC RESOURCE OR LISTED ON THE CITY'S INVENTORY OF mSTORIC RESOURCES," was presented. Motion by Councilmember Feinstein. seconded by Councilmember Katz, to adopt ordinance, reading 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: 7-E: Second reading and adoption of Ordinance No. 2104 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA TO AMEND CHAPTER 9 OF THE MUNICIPAL CODE TO AUTHORIZE THE ADDITION OF PRIVATE DINING FACILITIES TO EXISTING RESTAURANTS ON MAIN STREET UNDER SPECIFIC CIRCUMSTANCES, PURSUANT TO A CONDITIONAL USE PERMIT," was presented. Motion by Councilmember Katz. seconded by Councilmember Genser, to adopt ordinance, reading by title only and waiving further reading thereof 6 December 16, 2003 ALCOHOL CUP'S DEVELOPMENT STANDARDS The motion was approved by the following vote: AYES Councilmembers O'Connor, Genser, Katz, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Feinstein Councilmember Holbrook NOES: ABSENT: Councilmember Feinstein stated, for the record, that he voted in opposition because this is an example of spot zoning, there is not a demonstrable public benefit, and the process precluded appropriate comprehensive planning for the industry. 7-F: Second reading and adoption of Interim Ordinance No. 2105 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA CLARIFYING THAT BUSINESS ESTABLISHMENTS WITH ALCOHOL CONDmONAL USE PERMITS (CUP'S) MUST OBTAIN NEW ALCOHOL CUP'S IF THE ESTABLISHMENT CEASES OPERATING FOR A PERIOD IN EXCESS OF ONE YEAR," was presented. Councilmember Feinstein. seconded by Mayor Pro Tern McKeown, to adopt ordinance, reading 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 7-G: Introduction and first reading of interim ordinance extending the modifications to development standards, uses subject to a perform- ance standards permit, uses subject to a use permit, prohibited uses and the development review threshold within the C2 Neighborhood Commercial District along Montana Avenue, was presented. There was no one present for public comment. Motion by Mayor Pro Tern McKeown.. seconded by Councilmember Genser, to introduce the ordinance, reading by title only and waiving further reading 7 December 16, 2003 JOINT MEETING WITH REDEVELOPMENT AGENCY: AGENCY'S ANNUAL REPORT DOWNTOWN REDEVELOPMENT AREA 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 On order of the Mayor, the regular City Council meeting recessed at 7:33 p.m., to a joint meeting with the Redevelopment Agency, with Councilmember Holbrook absent, to consider the following: 8-A: Redevelopment Agency Annual Report - recommendation that the City Council receive and file the report, and that the Executive Director of the Agency transmit the report to the Controller of the State of California, was presented. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz, to receive and file the report. The motion was approved by the following vote: AYES Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Holbrook NOES: ABSENT: 8-B: Ordinance related to incurring debt for the Downtown Redevelopment Project Area - recommendation that City Council introduce and hold first reading of an ordinance eliminating the time limit on the establishment of loans, advances and indebtedness for the Downtown Redevelopment Project Area; and that the Agency consent to this action, was presented. Member of the public Joey Fullmer expressed various concerns. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Feinstein, to introduce the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES Councilrnembers Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, !':1ayor Bloom None Councilrnember Holbrook NOES: ABSENT: 8 December 16, 2003 REDEVELOPMENT PLAN ADJOURNMENT OF JOINT MEETING DEMOLmON OF FORMER POLICE BUILDING AGENDA ITEMS OUT OF ORDER 8-C: Introduction of ordinances related to the Earthquake Recovery, Downtown, Ocean Park lA and Ocean Park IB Redevelopment Project Areas - recommendation that the City Council introduce and hold first reading of four ordinances, one for each project area, amending the Redevelopment Plan for each specific project to extend certain time limits; and that the Agency consent to this action, was presented. There was no one present for public comment. Motion by Councilmember Feinstein. seconded by Councilmember Katz, to introduce the four ordinances, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Holbrook NOES: ABSENT On order of the Mayor, the special joint meeting was adjourned and the regular City Council meeting reconvened at 7:38 p.m., with Councilmember Holbrook absent. 8-D: Demolition of vacant former Police Building - recommendation to authorize the City Manager to negotiate and execute design/build Contract No. 8306 (CCS) with SKS Construction, in the amountof $46,600, for pre-construction services and a contingency of $4,660 for the demolition of the old police building, was presented. There was no one present for public comment Motion by Councilmember Katz. seconded by Councilmember O'Connor, to approve staffrecommendation. The motion was approved by the following vote: AYES: Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Holbrook NOES: ABSENT On order of the Mayor, Items 8-F and 8-G to be considered before Item 8-E. 9 December 16,2003 PERS COUNCIL ENROLLMENT ELECTION REFORM RECOMMENDATIONS 415 PCH 8-F: Enrollment of City Councilmembers in the Public Employee Retirement System (PERS) - recommendation that Council deliberate and provide direction to staff regarding enrollment of Councilmembers in PERS, was presented. Motion by Councilmember Genser. seconded by Mayor Bloom, to direct staff to enroll Councilmembers in PERS. 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 8-G: Response to recommendations on elections submitted by the Living Wage Commission - recommendation to consider information supplied and evaluate whether to direct staff to take any further action relative to the commission's proposals, was presented. Members of the public Vivian Rothstein and Xandra Kayden spoke in support of the recommendations and provided additional suggestions. Motion by Mayor Bloom. seconded by Councilmember Feinstein, to direct staff to review new information provided by members of the public and return with an analysis, and if possible to capture information of who helped qualify a measure. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 8-E: 415 Pacific Coast Highway - recommendation to direct staff to initiate the next steps in the planning and implementation process for the redevelopment and adaptive reuse of 415 Pacific Coast Highway; approve use of State grant funds for planning and design services; and authorize the City Manager to negotiate and execute an amendment to existing Contract No. 7882 (CCS) with Rincon, in the amount of $2,450, and Contract No. 8307 (CCS) with Historic Resources Group, in the amount of$155,375, was presented. Member of the public Nina Fresco spoke in support of opening up the grounds to members of the 'public and made suggestions for uses. Motion by Councilmember Genser. seconded by Councilmember Feinstein, to December 16, 2003 SCHOOL DISTRICT FUNDING SCHOOL FUNDING OPTIONS Mayor Pro Tern McKeown was excused at 9:14 p.m. to approve staff recommendation. 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: Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser, to direct staff to investigate ways to make public access of the property to members of the public sooner than proposed in the staff report. The motion failed by the following vote: AYES: Councilmembers Feinstein, Genser, Mayor Pro Tern McKeown Councilmembers Katz, O'Connor, Mayor Bloom Councilmember Holbrook NOES: ABSENT: On order of the Mayor, Items 8-H and 13-1 to be considered concurrently. 8-H: Discussion of options for providing greater certainty to the School District regarding City payments for public use of school facilities ~ recommendation that Council deliberate and provide preliminary direction to staff regarding possibilities for longer-term mechanisms of support to the Unified School District in exchange for public access to school facilities, was presented. Mayor Pro Tern McKeown recused himself from discussion ofltems 8-H and 13-1 due to a conflict of interest because of his employment relationship with the School District. 13 -I: Request of Council members Feinstein and Katz to direct stafTto explore options for a 2004 ballot measure that could incorporate both purchase and lease of part or all of the land and buildings of the Santa Monica Malibu School District Properties, as well as purchasing non- School District property at 2943 Exposition Boulevard, in order to meet community education, open space, housing and parking needs; and, to explore opportunities for additional donated properties to be part of this process. Purchases and/or leases could utilize Mello-Roos financing, was presented. 1 December 16, 2003 J.>>LANNING DEPART- MENT AUDIT Mayor Pro Tem McKeown returned at 10:20 p.m. RESOLUTIONS: MOU - PALSSU Members of the public Lauralee Asch and Steve Talbot spoke in opposition of expenditures that might contribute to the reduction of city services and layoff of City employees. Members of the public Emily Bloomfield, Maria Rodriguez, Shari Davis, Linda Pina-Avila, and Nina Fresco spoke in support of additional funding for the School District. Discussion ensued on the current state of the State's budget, the state of the City's finances, departmental programs and budgets, planning priorities, and capital improvement projects. Motion by Mayor Bloom. seconded by Councilmember Genser, to direct staff to pursue the five bullet points identified by staff as follows:: 1) Pursue long term contract with school district rather than year to year arrangement, and if so, for how long? 2) Explore with School District staff the adequacy of the valuation of the District's properties currently used by the City; 3) pursue community access to additional District facilities; 4) Explore the use of facilities held by other public/private entities for community benefit; 5) include as part of the Community Priorities discussion on January 27,2004, a prelin:rinary strategy in response to the answers to the above questions. The motion was unanimously approved by voice vote, with Councilmember Holbrook and Mayor Pro Tern McKeown absent. 1O-A: Recommendation of the Planning Commission that the City Council direct a performance audit of the Planning Department, was presented. There was no one present for public comment. Discussion ensued on the request and on the current state of the Planning Department given existing laws and processes. Motion by Councilmember O'Connor. seconded by Councilmember Katz, to receive and file the request. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. II-A. Resolution No. 9920 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC ATTORNEYS LEGAL SUPPORT STAFF UNION," was presented. 12 December 16, 2003 COUNCIL ITEMS: COMMISSION ON STATUS OF WOMEN PLANNING COMMISSION COMMISSION FOR SENIOR COMMUNITY PERSONNEL BOARD ARB SOCIAL SERVICES COMMISSION Motion by Councilmember GenseL seconded by Councilmember Feinstein, to adopt the resolution, reading 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: 13-A: Appointment to one special vacancy on the Commission on the Status of Women for a term ending June 30, 2007. On order of the Mayor, this matter was continued to January 27,2004. 13-B: Appointment to one special vacancy on the Planning Commission for a term ending June 30, 2004. On order of the Mayor, this matter was continued to January 13, 2004. 13-C: 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 January 27,2004. 13-D: 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 January 13,2004. 13-E: Appointment to one annual vacancy on the Architectural Review Board for a term ending June 30, 2007. On order of the Mayor, the floor was opened for nominations. Councilmember Genser nominated Edouard Mimieux. There being no other nominations, Mr. Mimieux was appointed by acclamation, with Councilmember Holbrook 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, the floor was opened for nominations. 13 December 16, 2003 Mayor Bloom nominated Susan Crimmins. There being no other nominations, Ms. Crimmins was appointed by acclamation, with Councilmember Holbrook absent. MWD 13-G: Appointment to one annual vacancy on the Metropolitan Water District Board of Directors for a term ending December 31, 2007. On order of the Mayor, the floor was opened for nominations. Councilmember Feinstein nominated incumbent Judy Abdo for reappointment. There being no other nominations, Ms. Abdo was appointed by acclamation, with Councilmember Holbrook absent. HOUSING COMMISSION 13-H: Appointment to one special vacancy on the Housing Commission for a term ending June 30,2005. On order of the Mayor, the floor was opened for nominations. Mayor Pro Tern McKeown nominated Victor Ludwig. There being no other nominations, Mr. Ludwig was appointed by acclamation, with Councilmember Holbrook absent. PUBLIC INPUT: Member of the public Brian Hutchings ,addressed various issues ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 10:55 p.m. ATTEST: -- ~.~.~~ Maria M. Stewart City Clerk ~~ Richard Bloom Mayor 14 December 16, 2003