M-4/13/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 13, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tern
McKeown at 6:28 p.m., on Tuesday, April 13, 2004, at City Council Chambers, 1685 Main
Street.
Roll Call:
Present.
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:10 p.m.)
Councilmember Herb Katz
Councilmember Pam O'Connor (arrived at 7:04 p.m.)
Absent:
Mayor Richard Bloom
Also Present City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor Pro Tern, the City Council convened at 6:28 p.m.,
with Councilmembers Holbrook, O'Connor, and Mayor Bloom absent.
Miriam Mack, Economic Development 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.
Members of the public Joey Fullmer and B.A. Gray commented on Consent
Calendar items.
At the request of Mayor Pro Tern McKeown, Item 1-E was removed from
the Consent Calendar as he has a conflict of interest with the matter, and
stepping down would only leave three members present. Item 1-E to be
considered later in the meeting.
1
April 13, 2004
REAR TRASH
LOADERS
FRONT TRASH
LOADERS
CLEANING PRODUCTS
1455-57 BERKELEY
1027 10TH STREET
REWARD
Motion by Councilmember Feinstein. seconded bv Councilmember Katz, to
approve all items on the Consent Calendar as presented except Item l-E,
reading resolutions and ordinances by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Mayor Pro Tern
McKeown
None
Councilmembers Holbrook, O'Connor, Mayor Bloom
NOES:
ABSENT:
I-A: Purchase of two rear trash loaders - recommendation to award
Bid No. 2859 to Boerner Truck Center, in the amount of$376,454.53, to
furnish and deliver two rear trash loaders for the Environmental and Public
Works Management Department, was approved.
I-B: Purchase of two front trash loaders - recommendation to award
Bid No. 2864 to Boerner Truck Center, in the amount of$397,061, to
furnish and deliver two front trash loaders for the Environmental and Public
Works Management Department, was approved.
l-C: Purchase of environmentally preferable cleaning products.-
recommendation to award Bid No. 2853 to Royal Paper, at specified unit
prices, to furnish and deliver environmentally preferable cleaning products,
was approved.
I-D: Resolution No. 9938 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP NO.
26252 FOR A 4-UNIT CONDOMINIUM PROJECT AT 1455-57
BERKELEY STREET," was adopted.
I-F: Final Tract Map No. 53246 for 1027 10th Street-
recommendation to adopt Resolution No. 9939 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 53246
FOR A 5-UNIT CONDOMINIUM PROJECT AT 1027 10TH STREET,"
was approved.
I-G: Recommendation to authorize $25,000 as a reward for
information leading to arrest and conviction of any person(s)
responsible for a September 2, 2003, homicide, was approved.
2
April 13, 2004
415 PACIFIC COAST
IDGHWAY
RECESS TO SPECIAL
JOINT MEETING
I-H: Grant funds to support the reuse of 415 Pacific Coast Highway
- recommendation to authorize the City Manager to submit necessary
applications for obligating the grant funds and to negotiate and execute all
related agreements; and approve the proposed appropriation and budget
actions, was approved.
On order of the Mayor Pro Tern, the regular City Council meeting recessed
to a special joint meeting of the City Council and the Parking Authority at
6:36 p.m., with Councilmembers O'Connor, Holbrook, and Mayor Bloom
absent.
JOINT MEETING: JOINT MEETING OF THE CITY COUNCIL AND THE PARKING
2434 MAIN AND LOT 11 AUTHORITY:
ADJOURNMENT OF
"SPECIAL JOINT
MEETING-=
CLOSED SESSIONS:
Counci/member 0 'Connor
arrived at 7:05 p.m.
I-I: Easement Agreement for 2434 Main Street and Lot 11-
recommendation that the City Council authorize the City Manager and the
Parking Authority authorize the Executive Director to negotiate and execute
Easement Agreement No. 8336 (CCS/PAS) for continued ingress and egress
to Lot 11 and parking for 2434 Main Street with Perloff-Webster, was
presented.
There was no one present to speak on this matter.
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
approve staff recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Mayor Pro Tern
McKeown
None
Councilmembers Katz, O'Connor, Mayor Bloom
NOES:
ABSENT:
On order of the Mayor Pro Tern, the special joint meeting was adjourned at
6:37 p.m., and the regular City Council meeting was reconvened with
Councilmembers O'Connor, Holbrook, and Mayor Bloom absent.
On order of the Mayor Pro Tern, the City Council recessed to hear closed
sessions at 6:37 p.m., and reconvened at 7:26 p.m., with Mayor Bloom
absent. The following action was reported:
3
April 13, 2004
Council member Holbrook
arrived at 7: 1 0 p.m.
2-A: Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Director of Human
Resources
Bargaining Units: Municipal Employees Association
Administrative Team Association
Public Attorney's Legal Support Staff
Union
Management Team Associates
Public Attorneys Union
Santa Monica Firefighters Local
Supervisors Team Associates
ACTION:
Heard. No reportable action taken.
2-C: Conference with City Council, Existing Litigation: City of
Santa Monica v. Shell Oil Company, Case No. 01CC4331.
ACTION:
Matter heard. No reportable action taken.
2-F: Conference with Legal Counsel- Existing Litigation: SMHC v.
City of Santa Monica, Case No., Case No. SC 074683.
Motion by Councilmember Feinstein. seconded by Mayor Pro Tern
McKeo~ to approve settlement as follows:
1. In accordance with prior and current practice, City will stipulate that
Government Code Section 65589.5(j) applies to market rate housing,
charter cities and requires certain findings before denying certain housing
projects. However, the City does not concede the constitutionality of this
statute.
2. In response to a motion for attorney's fees, anticipated to be filed by
Santa Monica Housing Council, the City will preserve its defense that the
case was and is not justiciable because City is applying the statute and
intends to apply it in the future in accordance with past practice;
3. Other defenses to fee motion will be available to the City;
4. If court finds that case is not justiciable or rules in favor of the City on
other defenses, no fees shall be awarded; and
5. The trial court's ruling on attorney fees shall be appealable.
The motion was approved by the following vote:
AYES.
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown
None
Mayor Bloom
NOES:
ABSENT:
4
April 13, 2004
SPECIAL ITEMS:
FIBER OPTIC
NElWORK
Mayor Pro Tem McKeown
was excused at 7:42 p.m.
Mayor Pro Tem McKeown
returned at 7:44 p.m.
415 PACIFIC COAST
IDGHWAY
2-1: Conference with Legal Counsel- Existing Litigation: Russell
Barnard v. City of Santa Monica~ Case No. 281367.
ACTION:
Heard. No reportable action taken,
4-A: A proclamation for the Santa Monica Citywide Reads Program
was issued by Mayor Bloom.
On order ofthe Mayor Pro Tern, Item 1- E was taken up. Mayor Pro Tern
McKeown requested to be excused as he has a conflict of interest with this
item.
Motion by Councilmember O'Connor. seconded by Councilmember
Holbrook, to appoint Councilmember Katz as temporary Chair due to the
absence of the Mayor and the Mayor Pro Tern. The motion was
unanimously approved by voice vote with Mayor Pro Tern McKeown and
Mayor Bloom absent.
l-E: Recommendation to authorize the City Manager to negotiate
and execute Agreement No. 8335 (CCS) with Santa Monica-Malibu
Unified School District and Santa Monica Community College for
operation of an institutional fiber optic network, and approve proposed
budget changes, was presented.
Motion bv CounciImember O'Connor. seconded by Councilmember
Holbrook, to approve staff recommendation. The motion was approved by
the following vote:
AYES:
CounciImembers O'Connor, Holbrook, Genser, Katz, and
Feinstein
None
Mayor Pro Tern McKeown, Mayor Bloom
NOES:
ABSENT:
On order of the Mayor Pro Tern, a new vote is needed on Item I-H due to
the budget action required. Item I-H was brought back to the floor.
I-H: Grant funds to support the reuse of 415 Pacific Coast Highway
- recommendation to authorize the City Manager to submit necessary
applications for obligating the grant funds and to negotiate and execute all
related agreements; and approve the proposed appropriation and budget
actions, was presented.
5
April 13,2004
Motion by Councilmember O'Connor. seconded by Councilmember
Feinstein, to approve staff recommendation. The motion was approved by
the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown
None
Mayor Bloom
NOES:
ABSENT:
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2121 (CCS)
CALPERS AMENDMENT entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY," was presented.
DEVELOPMENT AND
DESIGN STANDARDS -
MULTI-FAMILY
Motion by Councilmember Feinstein.. seconded by Councilmember
O'Connor, to adopt ordinance, 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
None
Mayor Bloom
NOES:
ABSENT:
7-B: Introduction and first reading of an ordinance ofthe City of
Santa Monica that modifies Development Standards and establishes
Design Standards for properties in The R2 Low Density Multiple
Family Residential, R3 Medium Density Multiple Family Residential
and R4 High Density Multiple Family Residential Districts, amends the
Application Review Requirements for the R2 Low Density Multiple
Family Residential, R3 Medium Density Multiple Family Residential
and R4 High Density Multiple Family Residential Districts, BSCD
Bayside Commercial District, C3 Downtown Commercial and C3C
Downtown Commercial Overlay Districts, establishes exemptions for
single family dwellings in all districts from design review, modifies the
Demolition Permit Requirements, deletes the NW North of Wilshire
Overlay District, Modifies Project Design and Development Standards
Pertaining to Fences, and modifies the definitions of basement,
building height, fence height, finished first floor, semi-subterranean
garage and theoretical grade, was presented.
The following members of the public commented on various aspects of the
proposal: Joey Fullmer, Jay Johnson, Patricia Hoffinan, Jerry Rubin, Darrell
6
April 13, 2004
DEVEWPMENTAND
DESIGN STANDARDS -
DOWNTOWN
Clarke, Joe Natoli, Sergio Zeballos, Arthur Harris, Stephanie Barbanell,
Kathy Brown, Ellen Brennan, Nancy Campeau, Arlene Hopkins, Connie
Stewart, and Jeny Bass.
Council asked questions of staff and engaged in discussion regarding the
various components of the proposals and the comments made by the public.
Motion by Councilmember Genser. seconded by Councilmember O'Connor,
to continue Item 7 -C (Downtown Ordinance) to a future meeting to be
determined; continue Item 7-B to May 11; and direct staff to prepare an
ordinance extending the Downtown Interim Standards for consideration at
the next Council meeting. The motion was unanimously approved by voice
vote, with Mayor Bloom absent.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
O'Connor, to direct staff to prepare an ordinance extending the interim
multi-family ordinance, if needed. The motion was unanimously approved by
voice vote, with Mayor Bloom absent.
Motion by Councilmember Genser. seconded bv Mayor Pro Tern McKeown.
to direct staff to return with an ordinance maintaining the current public
review process, ARB and design compatibility, and to re-look at
development standards proposed in this ordinance in the context of
maintaining the ARB and design review.
Discussion ensued on the merits of the motion. After considerable
discussion, Councilmember Genser withdrew his motion.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz,
to direct staff to return with options that include public input. The motion
was unanimously approved by voice vote, with Mayor Bloom absent.
7-C: Introduction and first reading of an Ordinance of the City of
Santa Monica modifying the Development, Design, and Application
Review Standards for projects developed within the BSCD, C3, and
C3D Zoning Districts; and direct staff to study the possibility of
modifying the off-street parking requirements for multi-family
residential uses and small pedestrian oriented uses in the downtown;
investigate the feasibility of shared parking facilities where different
uses share a parking facility during different times; study feasibility of
extending the Parking Assessment District to allow the option of a
similar in-lieu parking fee for commercial uses in the C3 and C3C
districts; update the Downtown Urban Design Plan to reflect proposed
7
April 13, 2004
streetscape improvements for 6th and 7th Streets, and investigate
possible funding mechanisms to ensure that the proposed streetscape
improvements would not have a significant financial funding impact on
the City.
On order of the Mayor Pro Tern, this matter was continued to a future
meeting.
RESOLUTIONS:
PREFERENTIAL
PARKING ZONE
II-A: Resolution No. 9940 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES
ASSOCIATION," was presented.
There was no one present for public comment.
Motion by Councilmember Feinstein. seconded bv 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 O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown
None
Mayor Bloom
NOES:
ABSENT:
COUNCIL ITEMS:
FORMULA RETAIL
13-A: Request of Councilmember 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, was
presented.
Motion by Councilmember Feinstein. seconded by Councilmember Katb to
continue this matter to April 27, 2004. The motion was unanimously
approved by voice vote, with Mayor Bloom absent.
COMMISSION - SENIOR 13-B: Appointment to one special vacancy on the Commission for the
COMMUNITY Senior Community for a term ending June 30,2007.
On order of the Mayor Pro Tern, this matter was continued to April 27,
2004_
8
April 13, 2004
PERSONNEL BOARD
13-C: 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 Pro Tern, this matter was continued to April 27,
2004.
SOCIAL SERVICES
COMMISSION
13-D: Appointment to one special vacancy on the Social Services
Commission for a term ending June 30, 2007.
On order of the Mayor Pro Tern, this matter was continued to April 27,
2004.
RECREATION & PARKS 13-E: Appointment to one special vacancy on the Recreation and
COMMISSION Parks Commission for a term ending June 30, 2005.
The Mayor Pro Tern opened the floor for nominations.
Councilmember Katz nominated Alex Munoz. There being no other
nominations, Mr. Munoz was appointed by acclamation, with Mayor Bloom
absent.
COMMISSION - STATUS 13-F: Appointment to one special vacancy on the Commission on the
OF WOMEN Status of Women for a term ending June 30, 2005.
The Mayor Pro Tern opened the floor for nominations.
Councilmember Feinstein nominated Sarah Mueller Stegemoeller. There
being no other nominations, Ms. Stegemoeller was appointed by
acclamation, with Mayor Bloom absent.
RESIGNATION
13-G: Acceptance of Earnestene Cleaver's letter of resignation from
the Social Services 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
vacancy. The motion was unanimously approved by voice vote, with Mayor
Bloom absent.
RESIGNATION
13-H: Acceptance of Linda Waade's letter of resignation from the Pier
Restoration Corporation, and authorization for City Clerk to publish
vacancy, was presented.
9
April 13, 2004
RELOCATION
BENEFITS
CLEAN AIR MONTH
CLQSJ:D SESSIONS
Motion by Councilmember Genser. seconded by Councilmember O'Connor,
to accept letter with regrets, and authorize the City Clerk to publish
vacancy. The motion was unanimously approved by voice vote, with Mayor
Bloom absent.
13-1: Request of Mayor Pro Tem McKeown to direct staff to prepare
an ordinance extending relocation benefits to all residents displaced by
Ellis Act evictions, was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to approve request. The motion was unanimously approved by voice vote,
with Mayor Bloom absent.
13-J: Request of Mayor Pro Tem McKeown that the City Council
acknowledge Mayas national "Clean Air Month" by authorizing staff
to send a letter to the California Air Resources Board supporting the
maximum feasible and cost effective vehicle emission reduction
regulations under our Assemblymember Fran Pavley's 2002 global
warming bill, AD 1493, was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinste!!!, to approve request. The motion was unanimously approved by
voice vote, with Mayor Bloom absent.
On order of the Mayor Pro Tern, the regular City Council recessed at 12:28
a.m., to consider closed sessions and reconvened at 12:35 a.m., to report the
following action taken:
2-B: Conference with Legal Counsel- Existing Litigation: 2000
Main Sf. v. City of Santa Monica, Case No. SC 067899.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: Levy v.
City of Santa Monica, Case No. 063147.
ACTION:
Not heard.
2-E: Conference with Legal Counsel- Existing Litigation: Robert
Holbrook and Herb Katz. et al. v. City of Santa Monica, Case No. BS
086908.
ACTION
Not heard
10
April 13, 2004
2-G: Conference with Legal Counsel- Existing Litigation: James
Huber v. City of Santa Monica, Case No. SC 073 243.
Motion by Councilmember Holbrook. seconded by Councilmember
Feinstein, to approve settlement in the amount of$17,500. The motion was
approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown
None
Mayor Bloom
2-H: Conference with Legal Counsel- Existing Litigation: Karen
King v. City of Santa Monica, Case No. BC 291272.
ACTION:
Not heard.
2-J: Conference with Legal Counsel- Existing Litigation: Jean
Prosser v. City of Santa Monica, Case No. SC 077 183.
ACTION:
Not heard.
2-K: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Three.
The City Attorney reported that the three cases were heard and the
following reportable action was taken:
Motion by Councilmember Holbrook. seconded by Councilmember Katz, to
approve a settlement agreement approving an extension of time to Barney's
Beanery with an opening date of August 2004 _ The motion was approved
by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown
None
Mayor Bloom
11
April 13, 2004
PUBLIC INPUT:
ADJOURNMENT:
Motion by Councilmember Katz. seconded by Councilmember Holbrook, to
approve settlement with P & 1's Utilities wherein P & 1's forfeits $85 million
that they earned, and in return the City will excuse them from completing
the water main replacement work. The motion was approved by the
following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown
None
Mayor Bloom
NOES:
ABSENT
The third anticipated case was discussed; no reportable action was taken
Members of the public Nancy Campeau and Brian Hutchings discussed
VarIOUS concerns.
On order of the Mayor, the City Council meeting was adjourned at 12:55
a.m., in memory of Schiller Colberg, fonner school board member and Dan
Bendiksen, retired captain of the Santa Monica Fire Department.
ATTEST:
~~"-.......Y
Maria M. Stewart
City Clerk
APPROVED:
Kevin McKeown
Mayor Pro Tern
tL~tL-,
12
April 13, 2004