M-6/8/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 8, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:48
p.rn., on Tuesday, June 8, 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
Councilmember Robert T. Holbrook
Council member Herb Katz
Councilmember Pam O'Connor (arrived at 5:49)
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 5:48 p.m., with
Councilmember O'Connor absent. Councilmember Holbrook 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 voiced various concerns related to the
Consent Calendar.
Motion by Councilmember Katz. seconded by Councilmember Genser. to
approve all items on the Consent Calendar as presented, 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, Holbrook, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember O'Connor
NOES:
ABSENT:
1
June 8, 2004
2512 28TI1 STREET
MAIL LmRARY -
PARKING EQUIPMENT
ASPHALT TRUCK
I-A: Final Tract Map for 2512 28th Street - recommendation to adopt
Resolution No. 9946 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA ACCEPTING AND APPROVING A FINAL
SUBDIVISION MAP FOR TRACT NO. 53464 FOR A 10-UNIT
CONDOMINIUM PROJECT AT 2518 28TI1 STREET," was approved.
1-B: Parking equipment for Main Library - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8349
(CCS) with Sentry Control Systems, in the amount of $240, 123.76, to
furnish, deliver, and install parking equipment for the Main Library, was
approved.
1-C: Purchase of One Asphalt Truck - recommendation to award Bid
No. 2877 to Reynolds Buick/GMC, in the amount of $ 169,990.39, to
furnish and deliver one asphalt truck for the Street Maintenance Division of
the Environmental & Public Works Management Department, was
approved,
CONSULTING SERVICES 1-D: Evaluation of permit, plan check, and inspection and code
enforcement services - recommendation to authorize the City Manager to
negotiate and execute an amendment to Contract No. 8329 (CCS) with
Matrix Consulting Group, in the amount of$2,250, for evaluation of
Planning Department services, was approved.
DISABILITY
INSURANCE
TRANSPORTATION OF
PRISONERS
CLOSED SESSIONS
Councilmember 0 'Connor
arrived at 5:49 p.m.
1-E: i Live and long-term disability insurance - recommendation to
authorize the City Manager to negotiate and execute an amendment to
Contract No. 8041 (CCS), in the amount of $30,000, to provide continued
coverage to City employees, was approved.
1-F: Transportation of prisoners to the LAX County Courthouse -
recommendation to authorize the City Manager to negotiate and execute a
Contract No. 8350 (CCS) with Los Angeles County Sheriff's Department,
in the amount of $70,000, for the transportation of City prisoners to the
LAX Courthouse for criminal proceedings, was approved.
On order of the Mayor, the City Council adjourned to consider closed
sessions at 5:56 p.m., and reconvened at 7:05 p.m., with all members present
to report the following action taken:
2-A: Conference with Legal Counsel- Existing Litigation:
Cornerstone Music Conservatory v. Planning Commission. City of
Santa Monica, Case No. SS 012 048.
2
June 8, 2004
Motion by Councilrnember Feinstein.. seconded by Councilmember Genser,
to approved settlement as follows: Cornerstone will cease operations by
October 15, 2004, pay administrative record costs, and stipulate to an entry
of judgement in favor of the City. 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:
2-B: Conference with Legal Counsel- Existing Litigation: AB
Cellular LA~ LLC. dba AT&T Wireless v. City of Santa Monica, Case
No. CV 03-9129.
ACTION:
Not heard,
2-C: Conference with Legal Counsel- Existing Litigation: David
Levy. et al. v. City of Santa Monica. Case No. 063147.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: Action
Apartment Association v. City of Santa Monica, Case No. B 165082.
Motion by Councilmember Feinstein.. seconded bv Councilmember Katz, to
authorize staff to seek review of unfavorable appellate court decision. The
motion was unanimously approved by voice vote, with all members present,
2-E: Conference with Legal Counsel- Existing Litigation: LID:n:
Ochoa v. City of Santa Monica, Case No. SC 075968.
ACTION:
Not heard.
2-F: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. P.C.. et aI., Case No. BC 315 186.
ACTION:
Not heard.
2-G: Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Two.
ACTION:
Heard one item. No reportable action taken.
3
June 8, 2004
CONTINUED ITEMS
ORDINANCES:
SIDEWALK CAFES
5-A: Request of Councilmember Holbrook and Councilmember Katz
to request staff to report on regulations regarding fences, hedges and
flag poles and enforcement practices relating to those regulations, and
possible direction to staff to amend the regulations related to those
issues, was presented.
Members of the public Bruce Leddy, Robert Shriver, Malissa Feruzzi, Britt
Allcroft, Jerry Rubin, Rosario Perry, Irwin Waldman, Leah Mendelsohn,
Daniel Bleiberg, Juliette Willis, Pat Farrell, Ken Scopp, Holly Wright,
Richard Nelson, Valerie Hiss, Richard Corlin, Tom Francis, Lee Bishop,
Steve Harbison, Mary Low, Karen Lucente, Larry Mollin, Tom Larmore,
Kathryn Grayson, Jacob Samuel, Jerry Bass, Stephanie Barbanell, Peter
Broderick, and Karen Scopp spoke in opposition to enforcement of the
regulations.
Members of the public Manju Devgan, Balder Devgan, Giles Smith, Mira
Muller, Cynthia Cotton, Richard Corlin, Samir Yousif, Robert Poser,
Virginia Clarke and Darrell Clarke spoke in support of enforcement of the
regulations.
Motion by Councilmember O'Connor. seconded by Councilmember Katz.
to: continue moratorium on enforcement of regulations except for
demonstrable safety situations; retain the 42" front yard height limit, but
look at possible adjustments, including but not limited to arbors, pergolas
and "living" archways; that heights for side and rear yard fences and hedges
be liberalized and staff return with ideas on possible adjustment process(es);
that the compliance process, which will be presented to Council for review,
provide ample warning time as well as time for compliance; and staff to
return with an ordinance reflecting discussion. The motion was approved by
the following vote:
AYES.
Councilmember Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT
7-A: Introduction and first reading of an interim ordinance
extending, with modifications, the interim ordinances allowing
administrative approval of sidewalk cafes and waiving tbe parking
requirement for sidewalk cafes of a specified size, was presented.
Member of the public Joey Fullmer expressed various concerns related to
the proposal.
4
June 8_ 2004
TAXICAB OWNERS/
DRIVERS
RESTAURANTS
SANTA MONICA PIER-
SWIMMING/DIVING
Motion by Councilmember Genser, seconded by Councilmember Feinstein,
to introduce the ordinance, reading by title only and waving 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
7-B: Introduction and first reading of an ordinance of the City of
Santa Monica Amending Chapter 6 of the Municipal Code relating to
Taxicab Owners and Drivers, was presented.
There was no one present for public comment.
Motion by Councilmember Genser, 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:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT
7-C: Introduction and first reading of an ordinance to eliminate the
numerical cap on restaurants in the Bayside District and on the
Promenade and to expand the types of establishments that can conduct
alcohol sales in the Bayside District subject to CUP, to allow new
restaurants with alcohol service in specified Bayside Districts to be
administratively approved, to limit Promenade Frontage of new or
expanding retail use to 50 linear feet unless a use permit is obtained,
and expanding the vending cart program subject to a license
agreement; and resolution amending the Bayside District Specific Plan
to eliminate the numerical cap on restaurants in the Bayside District,
allowing expanded outdoor dining areas on the Promenade, and adding
signage standard to allow for sign age for upper-level restaurants.
On order of the Mayor, this matter was continued to June 22,2004
7 -D: Introduction and first reading of an ordinance of the City of
Santa Monica amending Chapter 10 of the Municipal Code relating to
diving ofT of and swimming near the Santa Monica Pier, was presented.
5
June 8, 2004
USE OF BEACHES
STAFF ITEMS:
NOVEMBER 2004
ELECTION
There was no one present for public comment.
Motion by Councilmember Katz. 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
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
7-E: Emergency Ordinance No. 2125 (CCS) entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION
4.08.025 TO THE MUNICIPAL CODE REQUIRING PERMITS FOR
LARGE GROUP USE OF SANTA MONICA BEACHES FOR WATER
ACTMTIES AND AMENDING SECTION 4.08.020 TO CLARIFY ITS
PROVISIONS AND DECLARING THE PRESENCE OF AN
EMERGENCY," was presented.
There was no one present for public comment
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
introduce the ordinance, 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:
8-A: Adoption of Resolutions for the Regular Municipal Election to
be held on November 2,2004 - recommendation that the City Council
adopt Resolution No, 9942 (CCS) entitled, "A RESOLUTION OF THE
CITY OF SANTA MONICA CALLING THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 2, 2004"; Resolution No.
9943 (CCS) entitled, "A RESOLUTION OF THE CITY OF SANTA
MONICA REQUESTING CONSOLIDATION WITH THE STATEWIDE
GENERAL ELECTION'; Resolution No. 9944 (CCS) entitled, "A
RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING
SERVICES FROM THE L.A. COUNTY REGISTRAR-RECORDER FOR
THE GENERAL MUNICIPAL ELECTION'; and Resolution No. 9945
(CCS) entitled, "A RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY CLERK TO OBTAIN CONSULTANT
6
June 8, 2004
SERVICES AND SUPPLIES REQUIRED FOR THE CONDUCT OF THE
ELECTION," was presented.
Member of the public Brian Hutchings expressed various concerns related to
the proposal.
Motion by Councilmember Feinstein. seconded bv Councilmember Katz, to
introduce the ordinance, 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:
DESIGNATED SMOKING 8-B: Adoption of resolution designating smoking areas on the Santa
AREAS ON mE PIER Monica Pier.
On order ofthe Mayor, this matter was continued to June 22,2004.
COUNCIL ITEMS:
13-A: Appointment to two special vacancies on the Commission for
the Senior Community for a terms ending June 30,2007.
On order of the Mayor, this matter was continued to June 22,2004.
13-8: 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 June 22, 2004.
13-C: Appointment to one special vacancy on the Pier Restoration
Corporation for a term ending November 8, 2005.
On order of the Mayor, this matter was continued to June 22,2004.
13-D: Appointment to one special vacancy on the Social Services
Commission for a term ending June 30, 2004.
On order of the Mayor, this matter was continued to June 22, 2004.
7
June 8, 2004
PUBLIC INPUT:
ADJOURNMENT:
Member of the public Pro Se expressed concerns on various issues
On order of the Mayor, the City Council meeting was adjourned at 11 :28
p.m., in memory and honor offormer President Ronald Reagan; homeless
advocate Len Doucette; and Joseph L. Nassaney, father-in-law of School
District Superintendent John Deasy.
AT~:
~ ,~.~
Maria M. Stewart
City Clerk
APPROVED:
rL~
Richard Bloom
Mayor
8
June 8. 2004