M-7/13/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 13, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:55
p.m., on Tuesday, July 13,2004, 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
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 5:55 p.m., with all
members present. Information Systems Director Jory Wolf, 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 commented on Item I-B. Members of
the public Arthur Harris, Nancy Campeau, Jay Johnson and Ellen Brennan
spoke in opposition to Item I-C.
At the request of Councilmember Katz, Item l-C was removed from the
Consent Calendar. At the request of Mayor Pro Tern McKeown, Item I-B
was removed from the Consent Calendar.
~
Motion by Councilmember Feinstein. seconded by Councilmember Genser,
to approve all items on the Consent Calendar as presented except Items I-B
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July 13, 2004
and l-C, 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,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
MINUTES I-A: The minutes of May 11, and May 18,2004, City Council meetings,
were approved as amended with minor typographical correction.
LOBBYING SERVICES I-D: Recommendation to authorize City Manager to negotiate and
execute Contract No. 8370 (CCS) with The Ferguson Group, in the
amount of $63,000, to continue Washington lobbying services on behalf
of the City, was approved.
LEASE OF CITY-OWNED l-E: Lease of City-owned space - recommendation to authorize the City
SPACE Manager to negotiate and execute modified lease Agreement No. 8371
(CCS) with Bergamot Station, Ltd., for the lease oflight industrial space at
2525 Michigan Avenue, was approved.
RECONDITIONING OF
BIG BLUE BUSES
I-B: Big Blue Bus reconditioning - recommendation to award Bid No.
2875 to Complete Coach Works, in the amount of $4,695,526, to
recondition fleet buses, refurbish wheelchair ramps, install seat inserts, and
install video equipment, and authorize the City Manager to execute a
Contract No. 8368 (CCS) with them to provide bus fleet reconditioning,
wheelchair ramp refurbishment, seat insert installation, and video security
system installation, was presented.
Mayor Pro Tern McKeown advised he removed this item from the Consent
Calendar because he believes it is inappropriate to approve the
recommendation, as it relates to the video equipment installation, without
having a policy discussion. He asked that this item not be approved and that
staff be asked to bring it back for a public hearing and discussion.
Staff provided information on the timing and the need for this approval and
answered questions of Councilmembers.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, to put over this matter to allow for public discussion and policy.
Substitute motion by Councilmember O'Connor. seconded by
Councilmember Katz, to approve staff recommendation. The substitute
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July 13, 2004
motion was approved by the following vote;:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz, Mayor
Bloom
Councilmember Feinstein, Mayor Pro Tern McKeown
None
NOES:
ABSENT:
Mayor Pro Tern McKeown stated, for the record, that he voted in
opposition because he feels the action compromised civil liberties of the Big
Blue Bus patrons without providing appropriate policy discussion and
without public input on our public transit.
Councilmember Feinstein stated for the record that he voted in opposition
and feels the action has willfully taken away civil liberties without public
debate and the opportunity for the public to comment on an issue that
affects their every day life.
GENERAL PLAN
UPDATE
l-C: Update to Land Use Element of General Plan, Zoning
Ordinance, Circulation Element, and preparation of comprehensive
EIR - recommendation to authorize the City Manager to negotiate and
execute Contract No. 8369 (CCS) with Dyett & Bhatia, in the amount of
$1,648,830, for professional services to prepare a comprehensive update to
the Land Use Element of the General Plan and to the Zoning Ordinance;
documentation of the Circulation Element update; and preparation of a
comprehensive Environmental Impact Report, was presented.
Councilmember Katz advised he removed this matter from the Consent
Calendar because he feels that this is not a Consent Calendar item and that a
public hearing and presentations from the top three bidders are needed to
properly inform everyone.
Discussion ensued. Staff answered questions from Councilmembers and
provided additional information.
Motion by Councilmember O'Connor. seconded by Mayor Bloom, to
approve contract, as presented.
Substitute motion by Councilmember Katz, to not approve this item and to
ask staff to return with it as a public hearing with presentations from the
three bidders mentioned in the report. The motion died for lack of a second.
Discussion continued.
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July 13, 2004
CHANGE TO ORDER
OF AGENDA
CLOSED SESSIONS:
ORDINANCES:
RESTAURANTS
Councilmember Genser
was excused at 7:56p.m.
UTILITY & TELE-
COMMUNICATIONS
INSTALLATIONS
Motion to amend by Councilmember Genser, to add to motion that
contracts should include early in the process a review of the traffic
methodology. The motion was friendly to maker and seconder.
The main motion as amended, was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Bloom
Councilmember Katz
None
NOES:
ABSENT:
Motion by Councilmember Feinstein. seconded by Mayor Bloom, to hear
Item 8-A close to the beginning when Council returns from closed session
and to combine Items 7-B with 13-B. The motion was unanimously
approved by voice vote, with all members present.
On order of the Mayor, the City Council recessed at 7:05 p.m. to hear
closed sessions and returned at 7:50 p.m., with all members present. Action
taken on closed sessions was reported at the end of the meeting.
7-A: Introduction and first reading of an ordinance amending
Chapter 9 of the Municipal Code to eliminate the numerical cap on
restaurants in the Bayside District and on the Promenade and expand
the types of establishments that can conduct alcohol sales in the
Bayside District subject to Conditional Use Permit, to allow new
restaurants with alcohol service in specified Bayside Districts to be
administratively approved rather than requiring a CUP, to limit the
Promenade Frontage of any new or expanding retail use to fifty 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, allowing expanded outdoor dining areas on the
Promenade, and adding signage standard to allow for signage for
upper-level restaurants, was presented.
On order of the Mayor, this matter was continued to September 14,2004.
7-B: Second reading and adoption of Ordinance No. 2129 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 7 OF THE MUNICIPAL CODE TO
REGULATE UNDERGROUND UTILITY AND WIRELESS
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July 13, 2004
TELECOMMUNICATION INSTALLATIONS IN THE PUBLIC RIGHT
OF WAY," was presented.
Councilmember Genser requested to be excused from this matter due to a
conflict of interest.
There was no one present for public comment.
Motion by Mayor Pro Tern McKeown, 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 O'Connor, Holbrook, Katz, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Genser
NOES:
ABSENT:
RELOCATION BENEFITS7-C: Second reading and adoption of Ordinance No. 2130 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 4.36 OF THE MUNICIPAL CODE TO
EXTEND RELOCATION BENEFIT TO ALL RESIDENTS DISPLACED
BY ELLIS ACT EVICTIONS," was presented.
Councilmember Genser
returned at 7:58 p.m.
MULTI-FAMILY
STANDARDS
Motion by Mayor Pro Tern McKeown. 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 O'Connor, Holbrook, Katz, Genser,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
On order of the Mayor, and as approved earlier, Items 7-D and 13-B to be
heard concurrently.
7-D: Introduction and first reading of an ordinance to modify multi
family development standards, amends the application review
requirements, establishes exemptions for single family dwellings in aU
districts from design review, modifies the demolition permit
requirements, adds a design standards permit requirement, deletes the
NW North of Wilshire Overlay District, and modifies the definitions of
basement, building height, finished first floor, semi subterranean
garage and theoretical grade, was presented.
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July 13, 2004
APPROVAL OF HOME
REMODELS
13-B: Request of Councilmember Feinstein for discussion and possible -
action regarding a potential liaison role from the Landmarks
Commission to the Architectural Review Board for remodels that come
before the Architectural Review Board on structures that are on the
City's historic inventory.
Members of the public Joey Fullmer, Darrell Clarke, Nina Fresco, Jay
Johnson, David Pi sane, Christian Boyce, Chuck Allord, Ellen Brennan Eric
Parlee and Jerry Rubin addressed different concerns on the proposed
ordinance.
Motion by Councilmember Katz. seconded by Councilmember Feinstein, to
introduce the ordinance, with the understanding that there will be
amendments, reading by title only and waiving further reading thereof
Motion to amend by Councilmember Genser to add that there be
Architectural Review Board discretion on all projects. There was no second
to the motion and it was not accepted as friendly
Motion to amend by Councilmember Katz. to remove fence and staitwell
requirement. The motion was fiiendly to the seconder.
Motion by Councilmember Genser. seconded by Councilmember O'Connor,
to eliminate the up-front meeting of the developer with the residents, and
that staff prepare written instruction distributed with the application
materials to encourage neighborhood meetings. Motion accepted as friendly.
Motion to amend by Mayor Pro Tern McKeown.. seconded by ,
Councilmember Feinstein, to keep the mandatory developer pre-meeting
instead of a discretionary meeting, and cut the radius of noticing from 500
feet to 300 feet. The motion failed by the following vote:
AYES:
NOES:
Councilmember Feinstein, Mayor Pro Tern McKeown
Councilmembers O'Connor, Holbrook, Genser, Katz, Mayor
Bloom
None
ABSENT:
Discussion ensued regarding the impacts of the various motions and the
comments made by each Councilmember. On the direction of the Mayor and
consensus of Councilmembers, staff was directed to provide language
reflecting the motions and the discussion and return later at this meeting.
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July 13,2004
COUNCll. ITEMS:
APPOINTMENTS
On order of the Mayor, Item 13-A to be heard next
13-A: Annual and special vacancy appointments to the following
boards and commissions:
AIRPORT COMMISSION Airport Commission - one vacancy for a term ending 06/30/08.
ARB
BA YSIDE DISTRICT
BUILDING AND
SAFETY
COMMISSION FOR
SENIOR COMMUNITY
DISABILITIES
COMMISSION
PERSONNEL BOARD
On order of the Mayor, this matter was continued to July 27,2004
Architectural Review Board - two vacancies for terms ending 06/30/08.
On order of the Mayor, this matter was continued to July 27,2004
Bayside District Corporation - one term ending 6130/08.
On order of the Mayor, this matter was continued to July 27,2004
Building and Safety Commission - two vacancies for terms ending
6/30/08.
On order of the Mayor, this matter was continued to July 27,2004
Commission for the Senior Community - one special vacancy for a term
ending 6/30/07.
On order of the Mayor, this matter was continued to July 27,2004.
Disabilities Commission - one vacancy for a term ending 6/30/08.
On order of the Mayor, this matter was continued to July 27,2004.
Personnel Board - one vacancy for a term ending 6/30/09, one vacancy for
a term ending 6/30/08; and one vacancy for a term ending 6/30/06.
On order of the Mayor, the floor was opened for nomination for Personnel
Board.
Mayor Bloom nominated Jerry Greenwalt for the term ending 6/30/09.
There being no other nominations, Mr. Greenwalt was appointed by
acclamation, with all members present.
On order of the Mayor, the other two vacancies were continued to July 27,
2004.
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July 13, 2004
PRC
Pier Restoration Corporation - one special vacancy for a term ending -
November 8,2005.
On order of the Mayor, this matter was continued to July 27,2004.
RECREATION & PARKS Recreation & Parks Commission - one vacancy for a term ending June 30,
COMMISSION 2008.
SOCIAL SERVICES
COMMISSION
VALET PARKING
DISCRETIONARY
LAND USE PERMITS
CAMPAIGN FINANCE
REQUIREMENTS
On order of the Mayor, this matter was continued to July 27,2004.
Social Services Commission - two vacancies for terms ending June 30, 2008.
On order ofthe Mayor, this matter was continued to July 27,2004.
7-E: Introduction and first reading of an ordinance of the City of Santa
Monica deleting Municipal Code Section 6.12.150 relating to Downtown
Valet Parking; and adoption of resolution setting fees for valet parking
space use.
On order of the Mayor, this matter was continued to July 27,2004.
7-F: Introduction and first reading of an ordinance amending Chapter
9 of the Municipal Code to conform the City's hearing and processing
requirements for Discretionary Land Use Permits with the California
Permit Streamlining Act and to modify or clarify the time for issuing
temporary use permits and administrative approvals and adding Chapter
9.64 to the Municipal Code to establish a procedure for appealing certain
environmental determinations to the City Council
On order of the Mayor, this matter was continued to July 27,2004.
7 -G: Introduction and first reading of an ordinance of the City of Santa
Monica amending Chapter 11 orthe Municipal Code relating to campaign
finance reporting requirements.
On order of the Mayor, this matter was continued to July 27,2004.
STAFF ITEMS: JOINT MEETING OF THE CITY COUNCIL AND THE PLANNING
MATRIX CONSULTING COMMISSION:
8-A: Matrix Consulting Group recommendations regarding City
permits, plan check, inspection and code enforcement processes,
authorization of positions and consideration of policies - recommendation
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July 13, 2004
SMOKING AREAS ON
THE PIER
WRITTEN
COMMUNICATIONS:
BAN ON FELINE
DECLA WING
EMPLOYEE
PREFERENTIAL
PARKING
that Council receive the evaluation, authorize positions required to achiev{
administrative and operational efficiencies and meet jointly with the Planning
Commission to consider policy recommendations, was presented.
Members of the public Ellen Brennan, Arthur Harris, Chuck Allord, Nancy
Campeau, Chris Harding, Kathy Dodson, Craig Jones and Mario Fonda-
Bonardi commented on various areas of the proposal.
Discussion ensued among City Council and Planning Commission members
related to the recommendations on the staff report, the public's comments and
information provided by staff
Motion by Councilmember O'Connor. seconded by Councilmember Katz, to
authorize the positions requested in the recommendation. 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:
After additional discussion, on order of the Mayor and with the consensus of
all members present, the joint meeting and continuing discussion was continued
to a future meeting date to be determined.
8-B: Adoption of resolution designating smoking areas on the Santa
Monica Pier.
On order of the Mayor, this matter was continued to September 14, 2004.
12-A: Request from Jennifer Conrad to address Council requesting an
ordinance to ban de-clawing of all animals in Santa Monica.
On order of the Mayor, this matter was continued to July 27,2004.
12-B: Request of John and Gwen Lindahl to address Council requesting
that business owners be allowed to obtain preferential parking for use by
employees during business hours, at least between 9:00 a.m., and 6:00
p.m., during the week.
On order of the Mayor, this matter was continued to July 27,2004.
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July 13, 2004
HIROSHIMA-NAGASAKI 12-C: Request of Foumiko Kometani Greenfeld to address Council -
A-BOMB EXHIBIT requesting assistance in securing a facility for two weeks to house an
exhibition, and requesting the City to sponsor or co-sponsor "The
Hiroshima Nagasaki A-Bomb Exhibition" in March 2005.
COLLEGE BOND
MEASURE
Council member Holbrook
was excused at 12:45 a.m.
CLOSED SESSIONS
On order of the Mayor, this matter was continued to July 27,2004.
13-C: Request of Mayor Bloom that: staff and the SMC/SMMUSD/City
of Santa Monica liaison committee members provide an update on the
status of Council's direction regarding the proposed Santa Monica College
bond measure; and, that the City Council resolve that Santa Monica
College be directed that they may not approve any ballot measure or
proiect list that includes or purports to include any funding for any
property acquisition, development project or other financial arrangement
over which the City of Santa Monica has full, partial or concurrent
jurisdiction unless and until approval and consent is received from the
City of Santa Monica; and, that City staff be directed that any such
approval and consent of the City of Santa Monica require a majority vote
of the City Council, was presented.
There was no one present for public comment.
Motion by Mayor Bloom, seconded by Councilmember Feinstein.. to approve
request amended to change "they may not approve any ballot measure" to "they
may not place on the ballot." The motion was unanimously approved by voice
vote, with Councilmember Holbrook absent.
At the request of the Mayor, the City Attorney reported the following action
taken on closed sessions:
2-A: Conference with Labor Negotiator.
City Negotiator: Karen Bancroft, Director of Human
Resources
Bargaining Units: Administrative Team Association
Executive Pay Plan
Public Attorney's Legal Support Staff Union
Supervisors Team Associates (STA)
ACTION:
Not heard.
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July 13,2004
Council member Genser
was excused at 12:53 a.m.
2-B: Conference with Legal Counsel- Existing Litigation: City of Santa
Monica v. Baron & Budd. PC. et aI., Case No. BC 315186.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation: Abraham
Supino v. City of Santa Monica, Case No. SC 080 283, and related cases.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: Russell
Barnard v. City of Santa Monica, Case No. BC 281367.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel- Existing Litigation: David Levy
v. City of Santa Monica, Case No. 063147.
ACTION:
Heard. No reportable action taken.
Councilmember Genser requested to be excused from this item due to a conflict
of interest.
2-F: Conference with Legal Counsel- Existing Litigation: AB Cellular
LA. LLC dba AT&T Wireless v. City of Santa Monica, Case No. SACV
04-0378 JVS.
Motion by Councilmember Feinstein. seconded by Mayor Bloom, to approve
settlement as follows:
1. AT&T shall submit for permit approval a design for a downsized antenna
installation on 19th and San Vicente. The installation will be sited on an existing
Edison-owned street light and shall be designed to blend into the existing
environment.
2. To the extent possible, all electronic equipment shall be underground.
3. The permit shall be exempt from the wireless moratorium.
4 . AT&T will be exempt from the hearing and other procedural requirements
of the new ordinance, but will otherwise comply with the technical and
construction related aspects of the new ordinance.
5. Upon approval of the permit: a) the pending Federal Court lawsuit shall be
dismissed with prejudice; b ) AT&T shall waive damages and attorney's fees; c)
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July 13, 2004
PUBLIC INPUT:
ADJOURNMENT:
AT&T shall waive its right to bring a facial challenge to the City's new
ordinance. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, O'Connor, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Genser, Holbrook
NOES:
ABSENT:
2-G: Conference with Legal Counsel- Existing Litigation: Los Angeles
SMSA. a limited partnership. dba Verizon Wireless v. City of Santa
Monica, Case No. SC 079 139.
ACTION:
Heard. No reportable action taken.
2-H: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Two.
ACTION:
One case heard. No reportable action taken.
There was no one present for public comment.
On order of the Mayor, the City Council meeting was adjourned at 12:55 p.m.,
in memory of Elnora Buchanan; and in honor and memory of those who lost
their lives in the tragic accident at the Downtown Santa Monica Farmers
Market a year ago, on July 16, 2003.
ATTEST:
~'--w .~
Maria M. Stewart
City Clerk
APPR~
~ Bloom
Mayor
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July 13, 2004