M-7/9/2002
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 9, 2002
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at
5:45 p.m., on Tuesday, July 9,2002, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Michael Feinstein
Mayor Pro Tern Kevin McKeown
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:20 p.rn.)
Councilmember Pam O'Connor (arrived at 6:00 p.m.)
Councilmember Herb Katz
Absent:
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order ofthe Mayor, the City Council convened at 5:45 p.m., with
Councilmember Katz absent. Councilmember Bloom 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.
At the request of Mayor Feinstein, Item I-A was removed from the Consent
Calendar .
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Bloom,
to approve all items on the Consent Calendar as presented, with the
exception ofItem I-A, reading resolutions and ordinances by title only and
waiving further reading thereof. The motion was approved by the following
vote:
AYES:
Councilmembers Genser, Bloom, Mayor Pro Tern
McKeown, Mayor Feinstein
None
Councilmembers Katz, O'Connor, Holbrook
NOES:
ABSENT:
1
July 9,2002
STORM DRAIN
DIVERSIONS
PURCHASE OF
TRACTORS
PLANNING
PRIORITIES
MINUTES
Counci/member 0 'Connor
arrived at 6:00 p.m.
CLOSED SESSIONS:
ORDINANCES:
STREET VENDORS/
PERFORMERS
I-B: Modification to Contract for Wilshire Boulevard and Montana
Avenue Storm Drain Diversions - recommendation to authorize the City
Manager to negotiate and execute an amendment to Contract No.
7995(CCS) with Burns & McDonnell, in the amount of$29,000, for the
Wilshire Boulevard and Montana Avenue Storm Drain Diversions, was
approved.
I-C: Purchase of two tractors - recommendation to award of Bid No.
2841 to Staben Equipment Co., Inc., in the amount of$161,801.28, to
furnish and deliver two tractors for the Beach Maintenance Division, was
approved.
I-D: The Workload Priorities for Planning and Community
Development Department for Fiscal Year 2002-2003, were approved.
I-A: Approval of minutes of April 23, May 28, May 29, and June 3.
2002, City Council meetings, were presented.
Mayor Feinstein advised that, on page 6 of the April 23 minutes, the item
related to the Civic Center although the motion of "There is to be no
underground parking" is accurate as was stated, Council's intent was to
direct that "no further underground parking other than what was
recommended." In addition, he added that his understanding of the motion
regarding the bicycle path differs from what is stated.
Motion by Mayor Feinstein. seconded by Councilmember Genser, to
approve the minutes as submitted, except the minutes of April 23, which will
return to Council on July 23. The motion was unanimously approved by
voice vote, with Councilmembers Holbrook and Katz absent.
Members ofthe public Lila Fink, Bill Broesante, and Rebecca Novell
presented comments relative to Item 2-A.
On order ofthe Mayor, the City Council recessed at 6:05 p.m., to hear
closed sessions and reconvened at 7:14 p.m., with Councilmembers
Holbrook and Katz absent. On order of the Mayor, the Council will recess
to continue closed sessions at the end of the meeting.
7-A: Second reading and adoption of Ordinance No. 2047 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE PROVISIONS GOVERNING
STREET PERFORMANCE AND VENDING ON Tlffi THIRD STREE'J1
PROMENADE, TRANSIT MALL AND PIER, INCLUDING
2
July 9, 2002
ELLIS UNITS
DISABILITIES
COMMISSION
Counci/member Holbrook
arrived at 7:20 p.m.
PROVISIONS ON PERMITS, PERFORMANCE STAGING AND
LOCATION, ART OBJECTS AND PENAL TIES AND PROVISIONS
GOVERNING BLOCKING SIDEWALKS," was presented.
Motion by Mayor Pro Tern McKeown. seconded by CounciImember
O'Connor, to adopt ordinance reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
CounciImembers Genser, Bloom, O'Connor,
Mayor Pro Tern McKeown
Mayor Feinstein
CounciImembers Katz, Holbrook
NOES:
ABSENT
Mayor Feinstein stated, for the record, that he voted against the motion
because this action creates a problem that doesn't exist, fails to resolve those
that exist, and violates the historical trust that has existed with street
performers.
7-B: Second reading and adoption of Ordinance No. 2048 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 4 OF THE MUNICIPAL CODE TO
ELIMINATE FAMILY MEMBER OCCUPANCY RESTRICTION
GOVERNING "ELLIS ED" UNITS," was presented.
Motion By Councilmember O'Connor. seconded by Councilmember Bloom,
to adopt ordinance reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Bloom, Genser, Mayor Pro Tern
McKeown, Mayor Feinstein
None
Councilmembers Holbrook, Katz
NOES:
ABSENT:
7-C: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA ADDING
CHAPTER 2.66 TO THE SANTA MONICA MUNICIPAL CODE TO
CREATE A DISABILITIES COMMISSION," was presented.
The following members of the public spoke in support of the creation of a
Disabilities Commission: Joey Fullmer, Pro Se, Joseph Paolucci, Elizabeth
Bancroft, Len Doucette, Kecia Weller, Jerry Rubin, Bill Bolt, Jamar
Schoessow, and Larry Skuse.
3
July 9,2002
ZONING CODE
VIOLATIONS
STAFF ADMIN. ITEMS:
MEMORIAL PARK
SKATE PARK
Motion by Mayor Pro Ten McKeown. seconded by Councilmember Genser,
to introduce ordinance for first reading with a membership of eleven (11)
members, reading by title only and waiving further reading thereof.
Motion to amend by Councilmember Genser, to amend the ordinance so
that, at a minimum six seats shall be designated for members with
disabilities, and remainder may be for both disabled and abled persons. The
motion was accepted as friendly.
The motion, as amended, was approved by the following vote:
AYES:
Councilmembers Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmembers Katz
NOES:
ABSENT:
7-D: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA TO ADD SECTION
9.04.20.30.100 TO THE SANTA MONICA MUNICIPAL CODE
ESTABLISHING A CRIMINAL CHARGING SECTION FOR ZONING
CODE VIOLATIONS," was presented.
Members of the public Joe Pipersky and Joey Fullmer spoke to various aspect~
of the proposed ordinance.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Bloom,
to introduce and hold first reading of the ordinance, reading by title only and
waiving further reading thereof The motion was approved by the following
vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
8-A: Recommendation to approve location of a skate park in
Memorial Park., was presented.
The following members of the public spoke in support of the proposal:
Daniel Boeres, Jun Cho, Andrea Derkachenko, Tiimo Schulze, Levi
Schulze, Barbara Filet, and Gerald Marcil.
4
July 9,2002
PUBLIC FACILITY -
NAMING POLICY
The following members of the public spoke in opposition to the proposal:
Ruthann Shanley, Jonathan Aurthur, Todd Erlandson, Jerry Rubin, Chuck
Allord, and Josh Landon.
Motion by Mayor Feinstein. seconded by Councilmember O'Connor, to
approve recommendation. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
8-B: Resolution No. 9779 (CCS) entitled: "A RESOLUTION OF THIE
CITY OF SANTA MONICA ESTABLISHING POLICY FOR THE
NAMING OF CITY OWNED LAND, BUILDINGS AND F ACILITIES,'~
was presented.
There was no one present to speak: on this matter.
Motion by Councilmember Genser. seconded by Councilmember O'Connor,
to adopt resolution, reading by title only and waiving further reading
thereof, amended to add people who contributed to the world be eligible and
to delete the requirement that the person may no longer be alive.
Motion to amend by Councilmember Holbrook. that the policy should not
consider anyone who is presently holding office. The motion was accepted
as friendly.
Motion to amend by Mayor Pro Tern McKeo~ to change language on
page 3 to "commemorating individuals who have made important
contributions" and eliminating the word "organizations." The motion was
not accepted as friendly.
Substitute motion by Mayor Pro Tern McKeown, to adopt the resolution as
amended earlier, and amended further by substituting the following
language: "commemorating individuals or non-commercial organizations
who have made important donations. . ." on page 3 ofthe resolution. The
motion died for lack of a second.
5
July 9,2002
RECESS
PUBLIC HEARINGS:
834-83816TH STREET
Mayor Pro Tern McKeown
was excused at 10:20 p. rn.
The motion, as amended, was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
Councilmember Katz
Mayor Pro Tern McKeown stated, for the record, that he voted in
opposition because he is not comfortable with the institutionalization of
corporate naming of public facilities.
Mayor Feinstein stated, for the record, that he voted in opposition because
he thinks that as a statement of general principles, this action suggests that
the public domain is for sale in Santa Monica and he is embarrassed for the
City because of it.
On order of the Mayor, the City Council recessed at 10:00 p.m., and
reconvened at 10: 18 p.m, with Councilmember Katz absent.
9-A: Certification of Final Environmental Report, approval of
Statement of Overriding Considerations, and approval of Conditional
Use Permit and Vesting Tentative Tract Map 52649 with conditions to
allow construction of a 10-unit condominium building located at 834-
838 16th Street, was presented.
Mayor Pro Tern McKeown stated that he had a conflict of interest in this
matter and requested to be excused.
Discussion ensued on the process of hearing this matter given the time and
the number of speakers present.
Motion by Mayor Feinstein. seconded by Councilmember O'Connor, to hear
some public comment and continue discussion and action to July 23, and
allowing the public to speak on July 23 as well. The motion was approved
by voice vote, with Councilmember Holbrook voting in opposition and
Councilmember Katz and Mayor Pro Tern McKeown absent.
On order of the Mayor, the public hearing was opened. The following
members of the public spoke in opposition to the project: Lila Finks, Valene
Hiss, Victoria Stevens, and Pam Vavra.
The following members ofthe public spoke in support ofthefproject: John
Munroy, Heidi Lemmon and Carrie Salter.
6
July 9, 2002
RESOLUTIONS:
FINE SCHEDULE
Mayor Pro Tern McKeown
returned at 11:20 p.m.
FIREFIGHTERS MOU
WRITTEN
COMMUNICATIONS:
PUBLIC RECORDS
On order of the Mayor, the public hearing was continued to the meeting of
July 23, 2002.
II-A: Resolution for Code Enforcement Fines - recommendation to
adopt Resolution No. 9780 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA SETTING FORTH THE ADMINISTRA-
TIVECITATION SCHEDULE OF FINES FOR CERTAIN VIOLATIONS
OF THE SANTA MONICA MUNICIPAL CODE," was presented.
There was no one present for public comment on this matter.
Motion by Councilmember Bloom. seconded by 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, Bloom, Genser,
Mayor Pro Tern McKeown, Mayor Feinstein
Councilmember Holbrook
Councilmember Katz
NOES:
ABSENT:
II-B: Resolution No: 9781 (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 SANTA MONICA FIREFIGHTERS,
LOCAL 1109, IAFF," was presented.
There was no one present for public comment on this matter.
Motion by Councilmember Bloom. seconded by 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 Holbrook, O'Connor, Bloom, Genser,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
12-A: Request from Thomas Carter to address Council regarding
disclosure of public documents, was presented.
On order of the Mayor, the information received and filed as Mr. Carter was
not present.
7
July 9,2002
COUNCIL ITEMS:
AIRPORT
COMMISSION
PUBLIC INPUT:
CLOSED SESSIONS
RECONVENE
13-A: Appointment to one annual vacancy on the Airport Commissio~
for a term ending June 30,2006. (Continued from June 25, 2002.)
On order of the Mayor, this matter was continued to August 13,2002.
Members of the public Brian Hutchings and Pam Vavra discussed various
Issues.
On order ofthe Mayor, the City Council recessed at 11 :50 p.m., reconvened
at 1: 15 a.m., and then continued the meeting on closed sessions to Thursday,
July 11, 2002, at 5 :30 p.rn.
On order of the Mayor, the City Council reconvened on Thursday, July 11,
2002, at 5:40 p.m., to continue consideration of closed sessions, and
reconvened at 6:40 p.rn. to report the following action taken:
2-A: Conference with Legal Counsel - Existing Litigation: Chateau
16th Street v. Citv of Santa Monica, Case No. BS 065985.
ACTION:
Heard. No reportable action takeh.
Conference with Real Property Negotiators:
Property: 516 Colorado Avenue
City Negotiator: Mark Richter, Real Estate Manager
Owner of Record: Jacqueline McMahan
Under Negotiation: Acquisition of Real Property
ACTION:
Heard. No reportable action taken.
Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Director of Human
Resources
Bargaining Units: Santa Monica Firefighters Local 1109
Santa Monica Police Officers Association
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: Vicki
Luchenback v. Citv of Santa Monica, Case No. 069 112.
ACTION:
Not heard.
8
July 9, 2002
ADJOURNMENT:
2-E: Conference with Legal Counsel - Existing Litigation: Arthur
Smith v. City of Santa Monica, Case No. SC 032 827.
ACTION: Heard. No reportable action taken.
2-F: Conference with Legal Counsel- Existing Litigation: Hill et al..
v. Citv of Santa Monica, Case No. SC 064 466.
ACTION:
Not heard,
2-G: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Shell Oil Company, Case No. 010CC04331.
ACTION:
Heard. No reportable action taken.
2-H: Conference with Legal Counsel- Anticipated Litigation:
Number of Cases: Two.
ACTION:
Two cases heard. No reportable action taken.
On order ofthe Mayor, the City Council meeting was adjourned at 6:45 p.m.,
on Thursday, July 11, 2002.
"..-
ATTEST:
'vv..~ ,~~
Maria M. Stewart
City Clerk
9
July 9, 2002