M-2/10/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 10, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50
p.m., on Tuesday, February 10, 2004, at City Council Chambers, 1685 Main Street.
Roll Call
Present
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser (arrived at 6: 10 p.m.)
Councilmember Robert T. Holbrook (arrived at 7: 14 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
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:50 p.m., with
Councilmembers Genser and Holbrook absent. Bob Trimborn, Airport
Manager, 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 Fuller expressed various concerns.
Councilmember Katz requested Items I-A and I-B be removed from the
Consent Calendar.
Motion by Councilmember O'Connor. seconded by Councilmember
Feinstein, to approve all items on the Consent Calendar as presented except
Items I-A and I-B, reading resolutions and ordinances by title only and
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February 10, 2004
2012-24 AND 2021-29
MAIN STREET
waiving further reading thereof The motion was approved by the following
vote:
AYES:
Councilmembers O'Connor, Katz, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Holbrook, Genser
NOES:
ABSENT
l-C: Resolution No. 9924 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING
AND APPROVING A FINAL PARCEL MAP NO. 25566 TO MERGE
PARCELS TO CREATE TWO PARCELS AT 2012-24 MAIN STREET
AND 2021-29 MAIN STREET," was approved.
LEASE AIRPORT SPACE I-D: Lease Agreement for space at the Santa Monica Airport-
recommendation to authorize the City Manager to negotiate and execute
Lease Agreement No. 8322 (CCS), with Angel Flight West, Inc., for a
period of five years and a five-year option, was approved.
LINCOLN HOLIDAY
MINUTES
l-E: Resolution No. 9925 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO EXECUTE A LETTER OF
UNDERSTANDING BETWEEN THE MUNICIPAL EMPLOYEES
ASSOCIATION REGARDING ADMINISTRATION OF SECTION 4.01
(HOLIDAYS) OF THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA MONICA AND THE MUNICIPAL
EMPLOYEES ASSOCIATION," was approved.
Councilmember Katz advised he had removed this item from the Consent
Calendar because he wished to abstain on the minutes of December 9,2003,
as he was absent for that meeting.
I-A: The minutes of the July 30, December 9, and December 16,
2003, and January 13,2004, City Council meetings, were approved as
presented.
Motion by Councilmember Feinstein.. seconded by Mayor Bloom, to
approve the minutes as presented. The minutes were unanimously
approved, with Councilmember Katz abstaining from the December 9,
minutes and Councilmembers Genser and Holbrook absent.
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February 10, 2004
PARK BUILDING
REPLACEMENT
PROJECT
EMERGENCY ITEM
ADDED TO AGENDA
USE OF COUNCIL
CHAMBERS
CLOSED SESSIONS
Council member Genser
arrived at 6: 10 p.m.
Councilmember Katz advised he had removed this item from the Consent
Calendar to request additional information from staff regarding the issues
related to the termination of the contract, the balance of the work to be
done, and the need to re-do any of the work already done. Staff responded
to Councilmember Katz' questions.
I-B: Termination of contract and approval of new contracts for
Parks Building Replacement Project Phase 1 - recommendation to
terminate Contract No. 8206 (CCS) with Cohen Construction; waive public
bidding procedures; authorize the City Manager to negotiate and execute
new Contract No. 8320 (CCS) with SKS Construction, in the amount of
$2,029,566, for completion of the project; and, authorize the City Manager
to negotiate and execute Contract No. 8321 (CCS), with DMR Team, in the
amount of$110,345, for inspection services, was presented.
Motion by Councilmember O'Connor. seconded by Mayor Bloom, to
approve staff recommendation. The motion was approved by the following
vote:
AYES
Councilmembers O'Connor, Katz, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Holbrook, Genser
NOES:
ABSENT:
Motion by Mayor Bloom. seconded by Councilmember Feinstein, to add an
item of emergency to the agenda that arose after preparation of the agenda
and on which action needs to be taken before the next scheduled meeting.
The motion was unanimously approved by voice vote, with Councilmembers
Holbrook and Genser absent.
Request of use of Council Chamber by the California Regional Water
Quality Control Board on February 26, 2004, and request to waive the
fee, was presented.
Motion by Councilmember Feinstein. seconded by Councilmember
O'Connor, to approve the request. The request was unanimously approved
by voice vote, with Councilmembers Holbrook and Genser absent.
On order of the Mayor, the City Council recessed at 6:05 p.m. to consider
closed sessions, and reconvened at 7:14 p.m., with all members present, to
report the following:
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February 10, 2004
Council member Holbrook
arrived at 7:14 p.m.
2-A: Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Director of Human
Resources
Bargaining Units: Management Team Associates
Santa Monica Firefighters Local 11 09
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. David Levy, Case No. 2nd Civ. B157587 City v. Shell
Oil Co., Case No. 01CC 4331.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation: Rita
Santora v. City of Santa Monica, Case No. SC 075 063.
ACTION:
Not heard.
Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Eight.
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
approve settlement with Barney's Beanery to allow an additional four
months to open their new restaurant on the Third Street Promenade. The
motion was approved by the following votes:
AYES
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
2-E: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. SheD Oil Co., Case No. 01CC4331.
ACTION:
Heard. No reportable action taken
2-F: Conference with Legal Counsel- Existing Litigation: Santa
Monica Food Not Bombs v. City of Santa Monica, District Court Case
No. CV 03-0032 R (JTLx) (Appeal No. 03-56623).
ACTION:
Heard. No reportable action taken.
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February 10, 2004
ORDINANCES:
NOISE REGULATIONS
2-G: Conference with Legal Counsel - Existing Litigation: Abraham
Supino v. City of Santa Monica, Case No. SC 080283.
ACTION:
Not heard.
7-A: Introduction and first reading of an ordinance amending
Municipal Code Chapter 4.12 regarding noise regulations; adoption of
Resolution No. 9926 (CCS) entitled: "A RESOLUTION OF THE
COUNCIL OF THE CITY OF SANTA MONICA$ETTING FORTH
THE ADMINISTRATIVE CITATION SCHEDUlE OF FINES FOR
CERTAIN VIOLATIONS OF THE SANTA MONICA MUNICIPAL
CODE, EFFECTIVE APRIL 1. 2004"; adoption of Resolution No. 9927
(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REVISING PERMIT AND USER FEES
RELATED TO AFTER HOURS CONSTRUCTION PERMITS IN THE
ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT AND
PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENTS";
and authorization to add one Code Compliance Officer for
enforcement purposes, was presented
Members of the public Danielle Guillou, William Floyd, Ellen Brennan,
Reina Alvarez, A. Holcomb, and Chuck Allord spoke in support of the
proposed ordinance.
Members of the public Gary Gordon, Kathy Dodson, Sharon O'Rourke and
Mark Olsen spoke in opposition to the proposed ordinance and made
various suggestions.
Motion by Councilmember Genser. seconded by Mayor Bloom, to introduce I
the o~dinance, amended to reflect the language presented at the November I
meetmg.
Substitute motion by Councilmember O'Connor. seconded by
Councilmember Katz, to introduce the proposed ordinance with lowered DB
levels to be measured at the receptor not at the source.
Discussion ensued over the points of the substitute motion. After
considerable discussion, Councilmember Katz withdrew his second.
Suzanne Frick, Director of Community Development and Planning
Department, read into the record the amendments necessary for the
ordinance to reflect the model referred to in the main motion, as follows:
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February 10, 2004
restoring the transition zone, restoring the measurements from the receptor,
with a requirement that the measurement from receptor property is taken at
least 25 feet back from the property line.
Motion to amend main motion by Councilmember Genser, to add the
language read into the record and to direct staff to return with a status
report within eight months of implementation. The amendment was friendly
to the seconder.
Motion to amend by Mayor Bloom. seconded by Councilmember Katz, to
allow utilities to begin work at 7:00 a.m. The motion was approved by the
following vote:
AYES:
NOES:
Councilmember O'Connor, Holbrook, Katz, Mayor Bloom
Councilmembers Genser, Feinstein, Mayor Pro Tern
McKeown
None
ABSENT
Deputy City Attorney Bany Rosenbaum read into the record the appropriate
changes to the ordinance, as a result of the amendments, as follows: Page
11, Section 4.12.040, the end of the last sentence will read ". . . if the noise
standards established by this chapter are exceeded in the Noise Zone where
the measurement is taken." Page 15, subsection ( c)(l) ". . . the Noise Zone
where the measurement is taken." Subsection ( c)(2) ".. . . Noise Zone in
which the measurement is taken, plus 20 dBA, for any period of time."
There will be a similar change in Section 4.12.120, page 26, subdivisions 1
and 2. The transition zone section, from the November ordinance, will be
added back. A section will be added to reflect that the noise level measure-
ment must be taken at least 25 feet from the parcel line of the source of the
noise. Section 4.12.070 related to churches, libraries and health institutions
be eliminated, the subsequent sections to be renumbered and references to
the section be deleted. Finally, add language to allow utilities to begin work
at 7:00 a.m. The main motion, as amended, was approved by the following
vote:
AYES:
Councilmembers Katz, Genser, Mayor Pro Tern McKeown,
Mayor Bloom
Councilmembers Feinstein, Holbrook, O'Connor
None
NOES:
ABSENT:
Councilmember Feinstein requested to change his "No" vote to a "Yes"
vote, for a final vote of 5 to 2 in favor.
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February 10, 2004
STREET BANNERS
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to adopt resolution related to the schedule of fines, 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:
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to adopt resolution related to the schedule of fees, 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:
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to approve the addition of one Compliance Officer. The motion was
approved by the following vote:
AYES:
Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None I
Councilmember O'Connor I
None
NOES:
ABSTAIN:
ABSENT:
7-B: Discussion of City policy of over-the-street banners, and
introduction and first reading of an ordinance amending Section
4.08.500 relating to the use of street banners; or, introduction and first
reading of an ordinance prohibiting the use of temporary street
banners except for City-produced or City co-produced cultural or civic
events, was presented.
The following members of the public spoke in favor of the use of street
banners and in opposition to the proposed ordinance: Kathy Dodson, Gary
Gordon, Beth Leder-Pack, and Jerry Rubin.
Motion by Councilmember Katz, to introduce an ordinance as proposed
under option three in the staff report, to allow street banners advertising
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February 10, 2004
permitted community events, including City events. The motion died for
lack ofa second.
Motion by Councilmember O'Connor. seconded by Councilmember
Holbrook, to introduce the ordinance proposed under option two in the staff
report, allowing promotion of activities and events produced or co-produced
by the City.
Discussion ensued as to the definition of co-production and the roles
occupied by the Pier and the Third Street Promenade. Staff requested time
to review Council's concerns and return with appropriate language.
CHANGE IN ORDER OF On order of the Mayor, Items II-B, II-C, and 13-D to be considered while
AGENDA staff reviews the issued cited above.
MTA MOU
11-8: Resolution No. 9928 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE MANAGEMENT TEAM
ASSOCIATES," was presented.
There was no one present for public comment.
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
adopt the resolution, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
SMFFA MOU
II-C: Resolution No. 9929 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE SANTA MONICA POLICE
FIREFIGHTERS, LOCAL 1109, IAFF," was presented.
There was no one present for public comment
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February 10,2004
RESIGNATION
RETURN TO ORDER OF
AGENDA: NOISE
ORDINANCE CONT'D.
Motion by Councilmember Katz. 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 Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
13-D: Acceptance of Diana Sahagun's letter of resignation from the
Commission on the Status of Women, and authorization for City Clerk
to publish vacancy, was presented..
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
accept letter with regrets and authorize the City Clerk to publish the
vacancy. The motion was unanimously approved by voice vote with all
members present.
The City Attorney indicated the ordinance would change to read as follows:
The third "Whereas" will have added at the end "including events produced
or co-produced by the City, and not profit agents that manage the Pier and
the Third Street Promenade." On page 2, under Section 4.08.500, delete
the words "cultural or civic." On page 3, the last paragraph, the last
sentence, to read: "For purposes of this section, events and activities
produced by the Bayside District Corporation and the Pier Restoration
Corporation are classified as City-produced and may be promoted by
banners over the Third Street Promenade and the Pier, respectively." And a
new Section 2 to be added as follows: "The language of this ordinance does
not prohibit any organization that has paid a deposit and reserved a banner
as of February 10,2004," and the subsequent sections to be renumbered.
The motion failed by the following vote:
AYES:
NOES:
Councilmembers Holbrook, O'Connor
Councilmembers Feinstein, Katz, Genser, Mayor Pro Tern
McKeown, Mayor Bloom
None
ABSENT:
Mayor Bloom and Councilmember Genser requested to change their "No"
C}
February 10, 2004
FOOD DISTRIBUTION
Counci/member Holbrook
was excused at 12:30 a.m.
REPORTS OF BOARDS
AND COMMISSIONS:
RESOLUTIONS:
votes to "Yes" votes. At the request of the Mayor, another roll was called
and the motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Mayor
Bloom
Councilmembers Katz, Feinstein, Mayor Pro Tern McKeown
None
NOES:
ABSENT:
7-C: Introduction and first reading of an ordinance amending
Municipal Code Sections 5.06.010 and 5.06.020 relating to the
distribution offood on City property, was presented..
Members of the public Viper Meade, Frank Tamborello, Rick Mantley,
Randy Walberger, Christine, Ron Taylor, Hillary Kaye and Jerry Rubin
spoke in opposition to the proposed ordinance.
Member of the public Joey Fullmer, expressed various concerns and
volunteered suggestions.
Motion by Councilmember O'Connor. seconded by Councilmember Katz, to
introduce the ordinance for first reading, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers O'Connor, Genser, Katz, Mayor Bloom
Councilmember Feinstein, Mayor Pro Tern McKeown
Councilmember Holbrook
Councilmernber Feinstein stated, for the record, that he voted in opposition
because this action is cutting the legs out offood service for the needy.
Mayor Pro Tern McKeown stated for the record that he voted in opposition
for the same reasons he voted in opposition last October.
1O-A: Recommendation from the Planning Commission that Council
consider an update to the City's traffic analysis methodology and
technology as part of the Circulation Element review.
On order of the Mayor, this matter was continued to February 24,2004.
II-A: Resolution Amending Preferential Parking Zone MM (9th Street
between Pico and the Santa Monica Freeway, and Michigan Avenue,
Bay Street, Grant Street, and Pacific Street between Lincoln Boulevard
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February 10, 2004
and 10th Street) on currently regulated blocks and amending Resolutioll
9344 (CCS).
On order of the Mayor, this matter was continued to a future meeting, as a
5-item.
COUNCIL ITEMS: 13-A: Appointment to one 2002 annual vacancy on the Commission
COMMISSION FOR THE for the Senior Community for a term ending June 30, 2006.
SENIOR COMMUNITY
On order of the Mayor, this matter was continued to February 24,2004
PERSONNEL BOARD
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 February 24,2004.
LANDMARKS
COMMISSION
13-C: Appointment to one special vacancy on the Landmarks
Commission for a term ending June 30, 2004.
On order of the Mayor, this matter was continued to February 24,2004.
RETAIL ON THE
PROMENADE
13-E: Request of Council member Feinstein to direct staff to conduct
research on past trends and the current amount of formula retail on
the Promenade; to consider the definition of formula retail from the
November 11, 2003, staff report, and return to Council with
recommendations, with the process timed so that the Bayside District
can review the recommendations before returning to Council.
On order of the Mayor, this matter was continued to March 9,2004.
STREET CARTS
13-F: Request of Council member Feinstein to direct staff to include
the possibility of a street cart at the southeast corner of Colorado and
Ocean in the bid process for street carts in the downtown that are not
on the Promenade, was presented.
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
approve request and direct staff to also look at the possibility of carts in
Memorial and Christine Reed Parks; and, on the southeast comer of
Colorado and Ocean either a cart or other ways of activating the space. The
motion was unanimously approved by voice vote, with Councilmember
Holbrook absent.
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February 10, 2004
HISTORIC INVENTORY 13-G: Request of Councilmember Feinstein to direct staff to cross-
reference the list of buildings on the Historic Inventory with the list of
rent-controlled housing units, and to include this information in the
analysis when incentives to designate structures as landmark buildings
are examined this Spring.
On order of the Mayor, this matter was continued to March 9,2004
PUBLIC COMMENT
Member of the public Brian Hutchings expressed various concerns.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:47
a.m. to February 24, 2004.
- '(~~
~~ .D~~~
Maria M. Stewart \-
City Clerk
chard Bloom
Mayor
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Februarv 10. 2004