M-8/1/2000
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 1, 2000
A regular meeting of the Santa Monica City Council was called to order by Councilmember
Holbrook at 8:16 p.m., on Tuesday, August 1,2000, at City Council Chambers, 1685 Main
Street.
Roll Call:
Present:
Mayor Ken Genser (arrived at 8:23 p.m.)
Mayor Pro Tern Pam O'Connor (arrived at 8:30 p.m.)
Councilmember Richard Bloom (arrived at 8:20 p.m.)
Councilmember Michael Feinstein
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Paul Rosenstein
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE:
SELECTION OF
TEMPORARY CHAIR
Counci/member Bloom
arrived at 8:20 p.m.
CONSENSUS TO TAKE
ITEM OUT OF ORDER
PUBLIC INPUT:
Mayor Genser arrived at
8:23 p.m.
On order of the City Clerk, with the Mayor, Mayor Pro Tern O'Connor, and
Councilmember Bloom absent, the City Council was called to order at 8:16
p.m. Councilmember Holbrook led the assemblage in the Pledge of
Allegiance.
Motion by Councilmember Holbrook. seconded by Councilmember
Feinsteill, to select Councilmember Rosenstein as the temporary Chair.
Motion unanimously approved by voice vote with Mayor Genser and Mayor
Pro Tern O'Connor absent.
On order of Temporary Chair Rosenstein, and by consensus of the Council,
Item 15, there being members of the public present to speak, Public
Comment was taken out of order.
15. PUBLIC INPUT: Member of the public Joey Fullmer discussed
business licenses, parking, and crime; Member ofthe public Art Casillas
addressed the Council regarding crime; Members of the public Pro Se and
Carol Snider spoke in support ofa Disabilities Commission; Member of the
public Brian Hutchings invited the public to various events; Members of the
public Ned Landin and Dwyane German spoke regarding noise levels at the
Promenade.
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August 1, 2000
1308
ELECTION MEASURES
Mayor Pro Tern 0 'Connor
arrived at 8:30 p.m.
9-A: Resolution placing the proposed Santa Monica Taxpayer
Protection Charler Amendment and the proposed Santa Monica Living
Wage Charler Amendment on the November 7, 2000, Election Ballot;
and adoption of other related resolution, were presented.
Motion bv Councilmember Holbrook. seconded bv Councilmember
Rosenstein. to: 1) adopt Resolution No. 9550 (CCS) entitled: A
RESOLUTION OF THE CITY OF SANTA MONICA SUBMITTING TO
THE VOTERS TWO BALLOT MEASURES AT THE SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER
7,2000;" 2) adopt Resolution No. 9551 (CCS) entitled: "A RESOLUTION
OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION CALLED FOR
THE SUBMITTAL OF TWO BALLOT MEASURES TO THE VOTERS
AT THE GENERAL ELECTION TO BE HELD ON NOVEMBER 7,
2000, PURSUANT TO ELECTIONS CODE SECTION 10403;" and 3)
adopt Resolution No. 9552 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER
SPECIFIED SERVICES TO THE CITY OF SANTA MONICA
RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000,"
reading by title only, and waiving further reading thereof. The motion was
approved by the following vote:
AYES:
Councilmembers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES:
ABSENT:
Motion by Mavor Genser. seconded bv Michael Feinstein, to adopt
Resolution No. 9953 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING
CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS
REGARDING MEASURES TO BE PLACED ON THE BALLOT AT THE
SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 7, 2000," and to designate Councilrnembers Bloom, Feinstein,
McKeown, Rosenstein, and Mayor Genser to submit the argument in
opposition to the Taxpayer Protection Initiative, allowing the remaining
members to designate the other signees if any Councilrnembers drop off
The motion was approved by the following vote:
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August 1, 2000
CITY CHARTER
AMENDMENT - LIMIT
ON FINES
1309
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, and Mayor Genser
None
None
NOES:
ABSENT:
Motion by Mayor Genser. seconded by Mayor Pro Tern O'Connor, to
designate Councilmembers Bloom, Rosenstein, Mayor Pro Tern O'Connor,
and Mayor Genser to submit the argument in opposition to the Living Wage
Initiative, allowing the remaining members to designate the other signees if
any Councilmembers drop off The motion carried by the following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, and Mayor Genser
None
None
NOES:
ABSENT:
9-B: Resolution placing a measure on the November 7,2000, election
ballot to amend the City Charter as it pertains to fines imposed, and
adoption of related resolutions.
Member of the public Cathy Larson, on behalf of the Friends of Sunset Park
Neighborhood Association, spoke in support for the resolution; Member of
the public Brian Hutchings suggested the fines be increased.
Motion by Councilmember Bloom, to adopt the language identified as
Alternative 2 and place the following question on the ballot: "Shall the City
Charter be amended by adding language explicitly exempting civil fines for
airport noise violations from the $500 limit applicable to criminal penalties
for Municipal Code violations." The motion died due to lack ofa second.
Motion by Councilmember Holbrook. seconded by Councilmember
Rosenstem, to approve text of Alternative 1 question, and 1) adopt
Resolution No. 9554 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING TO THE
VOTERS ONE PROPOSED AMENDMENT TO THE CITY CHARTER
AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 7,2000;" 2) adopt Resolution No. 9555 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL
MUNICIPAL ELECTION CALLED FOR THE SUBMITTAL OF ONE
PROPOSED AMENDMENT TO THE SANTA MONICA CITY
CHARTER TO THE VOTERS WITH THE GENERAL MUNICIPAL
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August 1, 2000
1310
RECESS/CLOSED
SESSIONS
ELECTION OF THE CITY OF SANTA MONICA AND WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 7,
2000, PURSUANT TO ELECTIONS CODE SECTION 10403;" and 3)
adopt Resolution No. 9556 (CCS) entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY OF
SANTA MONICA RELATING TO THE CONDUCT OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER
7,2000," reading by title only, and waiving further reading thereof.
City Clerk Stewart read the proposed ballot question into the record as
follows: "Shall the City Charter be amended by adding language explicitly
exempting civil fines from the $500 limit applicable to criminal penalties for
Municipal Code violations." The motion carried by the following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, and Mayor Genser
None
None
NOES:
ABSENT
Motion by Mayor Genser. seconded by Councilmember Feinsteill, to adopt
Resolution No. 9557 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA AUTHORIZING CERTAIN OF ITS MEMBERS TO
FILE WRITTEN ARGUMENTS REGARDING A MEASURE TO BE
PLACED ON THE BALLOT AT THE SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000,"
reading by title only and waiving further reading thereof, and to designate
Councilmembers Holbrook, Bloom, Feinstein, Rosenstein, and Mayor Pro
Tern O'Connor to submit the argument in favor ofthe Charter amendment
ballot question, allowing the remaining members to designate the other
signees if any Councilmembers drop off The motion was approved by the
following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, and Mayor Genser
None
None
NOES:
ABSENT:
On order of the Mayor, the City Council recessed at 9:25 p.m., to consider
closed sessions, and reconvened at 11:50 p.m., with Councilmember
Rosenstein absent.
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August 1, 2000
Councilmember Rosenstein
was excused at 11:30 p.m.
CLOSED SESSIONS:
1311
16-A: Conference with Legal Counsel- Existing Litigation: Daniel
Reyes v. Citv of Santa Monica, Case No. SC 057195.
ACTION:
Not heard.
16-B: Conference with Legal Counsel- Existing Litigation: Walsh v.
Citv of Santa Monica, Case No. SC 057065.
Motion by Councilmember Feinstein. seconded by Councilmember
Holbrook, to approve a settlement in the amount of$150,000. The motion
was approved by the following vote:
NOES:
ABSENT:
Councilmembers Bloom, Feinstein, McKeown, Holbrook,
Mayor Pro Tern O'Connor, and Mayor Genser
None
Councilmember Rosenstein
16-C: Conference with Legal Counsel- Existing Litigation: Santa
Monica Housing Council v. City of Santa Monica, Case No.
BC 230 106.
Motion by Councilmember Bloom. seconded by Councilmember Holbrook,
to agree to settle subject to the following terms:
(A) Santa Monica Housing will dismiss lawsuit provided the City amends
the construction rate program ordinance to provide the following: (i)
eliminate the requirement that only one construction project be allowed per
block. (The ordinance will continue the requirement of only one project
within a 500 foot radius.) (ii) reduce the "18-month" restriction on issuance
of new building permits within the 500 foot radius to "15 months;" (iii) the
Building Officer would be authorized to issue another building permit within
the 500 foot radius, even if 15 months have not lapsed since the previous
building permit was issued, if the owner ofthe previous project obtains a
certificate of occupancy; (iv) (A) Project would not be subject to the
requirements ofthis program if the current use of the property is not
economically viable. City staff would be required to make this
determination within 90 days of receiving an application.
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August 1, 2000
1312
(B) In preparing its 200-2005 Housing Element Update, the City shall
analyze the impacts of the Construction Rate Program as a potential of
actual governmental constraint pursuant to Government Code Section
65583(a)(4).
(C) Santa Monica Housing Council agrees not to sue City over current
construction rate ordinance and amendments provided the City does not
make any amendments to the ordinance. The motion was approved by the
following vOte:
AYES:
Councilmembers Bloom, Feinstein, McKeown, Holbrook,
and Mayor Genser
Mayor Pro Tern O'Connor
Councilmember Rosenstein
NOES:
ABSENT:
16-D: Conference with Legal Counsel- Existing Litigation: Ring
Tradine: Corp. v. City of Santa Monica, Case No. BC 172044
(consolidated with Mountain View Mobile Inn Residents
Association. Inc. v. City, Case No. SC 052 672).
ACTION:
Heard. No reportable action taken.
Conference with Legal Counsel - Existing Litigation:
Foodmaker. Inc. v. City of Santa Monica, Case No. SS 007
078.
ACTION:
Not heard.
Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Shell Oil Co.. et aI., Case No. 313004
ACTION:
Heard. No reportable action taken.
16-G: Conference with Legal Counsel- Existing Litigation: Conoco.
Inc. v. City of Santa Monica, Case No. 99-12075 RAP (Cwx).
ACTION:
Heard. No reportable action taken.
16-H: Conference with Legal Counsel- Existing Litigation:
California Attornevs for Criminal Justice v. Butts. et aI., Case
No. CV 95-8634.
ACTION:
Not heard.
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August 1, 2000
ACTION:
ACTION:
1313
Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Walther, Case No. SC 043 522.
Heard. No reportable action taken.
Conference with Legal Counsel - Existing Litigation: Palisades
Beach ProDerty Owners Association v. State of California
DeDartment of Transportation, Case No. BC 220 026.
Not heard.
16-K: Conference with Legal Counsel - Existing Litigation: Pilar
Rueda v. City of Santa Monica, Case No. SC 056112.
Motion by Councilmember Holbrook. seconded by Councilmember
McKeo~ to approve payment of$43,549.81, equal to binding arbitration
finding. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
ACTION:
Councilmembers Bloom, Feinstein, McKeown, Holbrook,
Mayor Pro Tern O'Connor, Mayor Genser
None
Councilmember Rosenstein
Conference with Legal Counsel - Anticipated Litigation:
Number of Cases: Five.
Three cases heard.
16-M: Public Employee Evaluation. Employee Title: City Attorney.
Motion by Councilmember Holbrook. seconded by Councilmember Bloom,
to increase salary of City Attorney to $157,000.00 per year. The motion
was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Bloom, Feinstein, McKeown, Holbrook,
Mayor Genser
None
Mayor Pro Tern O'Connor
Councilmember Holbrook
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August 1, 2000
1314
ADJOURNMENT:
16-N: Conference with Real Property Negotiators:
Property: 1819 Ocean Avenue
City Negotiator: Mark Richter
Owners of Record: Sunstone Hotel Investors
Under Negotiation: Terms and conditions of lease.
ACTION
Heard. No reportable action
On the order of the Mayor, the City Council adjourned at 1 :55 p.m., in
memory oflrvin Edelstein.
ATTEST:
~~.~.~.~
Maria M. Stewart
City Clerk
~VED.
.. .J\~
! ... Oenser \ ._
~r
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August 1, 2000