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M-8/10/2004 CITY OF SANTA MONICA CITY COUNCIL MINUTES AUGUST 10, 2004 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro T em McKeown at 5:55 p.m., on Tuesday, August 10,2004, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tem Kevin McKeown Councilmember Michael Feinstein Councilmember Ken Genser CounciImember Robert T. Holbrook Councilmember Pam O'Connor (arrived at 6:01 p.m.) Absent: Mayor Richard Bloom CounciImember Herb Katz Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENEIPLEDGE On order of the Mayor Pro Tern, the City Council convened at 5:55 p.m., with Councilmembers O'Connor, Katz, and Mayor Bloom absent. Director of Transit Services, Stephanie Negriff, 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. Motion by Councilmember Feinstein.. seconded by Councilmember Holbrook, 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, Genser, Holbrook, Mayor Pro Tem McKeown None. Councilmembers Katz, O'Connor, Mayor Bloom NOES: ABSENT: 1 August 10, 2004 MINUTES ANTENNA SITE LEASE AGREEMENT 2101 OCEAN AVENUE UNDERGROUND UTILITY DISTRICT CONGESTION MANAGEMENT PROGRAM MISCELLANEOUS (NON-SAFETY) MOU ATA, PALSSU, AND EPP MOU's I-A: The minutes of the June 15, 2004, City Council meeting were approved as submitted. I-B: Antenna Site Lease Agreement - recommendation to authorize the City Manager to negotiate and execute Contract No. 8377 (CCS), an amendment to the agreement with American Tower Corporation, in an amount not to exceed $140,200, for an antenna site lease over a period of five years, and authorize four additional renewal options, was approved. l-C: Resolution No. 9966 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 49708 TO SUBDIVIDE A PROPERTY AT 2101 OCEAN AVENUE," was adopted. I-D: Recommendation to set a public hearing on September 28,2004, to determine necessity of establishing an Underground Utility District along 18th Street Court to Ashland Court North, was approved. I-E: Resolution No. 9967 (CCS) entitled: " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089," was adopted. 1-F: Resolution No. 9968 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF UNDERSTANDING No. 8378 (CCS) WITH THE CITY'S MISCELLANEOUS (NON-SAFETY) BARGAINING UNITS," was adopted. I-G: Resolution No. 9969 (CCS) entitled:" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUfHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE ADMINISTRATIVE TEAM ASSOCIATES," Resolution No. 9970 (CCS) entitled: "A RE$9LUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC ATTORNEYS" LEGAL SUPPORT STAFF UNION," and Resolution No. 9971 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF 2 August 10, 2004 CANCEL MEETING CLOSED SESSIONS: Council member 0 'Connor arrived at 6:01 p.m. ADMINISTRATIVE PROCEEDINGS: 2834 COLORADO AVE. ORDINANCES: DISCRETIONARY LAND USE PERMITS Councilmember Holbrook was excused at 8:30 p.m. THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE PAY PLAN," were adopted. I-H: Recommendation to cancel the August 24, 2004, Council Meeting, was approved. On order of the Mayor Pro Tem, the City Council recessed 6:05 p.m., to consider closed sessions and reconvened at 7:10 p.m., with Councilmember Katz and Mayor Bloom absent. On order of the Mayor Pro Tem, action taken on closed sessions was reported at the end of the meeting. 6-A: Appeal of Planning Commission's denial of text amendment, development review permit and conditional use permit for project at 2834 Colorado Avenue - recommendation to deny appeal of the Planning Commission's denial of Text Amendment, Development Review Permit and CUP, and consideration of environmental impact report to allow the construction of 145-apartment units, and to provide direction as to whether a development agreement should be pursued for the project, was presented. Sami EI Bayar, representing the appellant, spoke in support of the project. Members of the public Greg Amato, Darrell Clark, A. Michelle Page, Dan Adams, Barbara Brown, Jay Johnson, Ken Kutcher, Chris Elder, Ellen Brennan and Nehemiah Davidson expressed various opinions related to different aspects of the project. Mr. EI Bayar provided a rebuttal in response to the public comments made. Motion by Councilmember Genser. seconded by Councilmember O'Connor, to deny the appeal. The motion was approved by the following vote: AYES: Councilmembers Feinstein, Genser, Holbrook, O'Connor, Mayor Pro Tem McKeown None. Councilmember Katz, Mayor Bloom NOES: ABSENT: 7-A: 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, to modify or clarify the time for issuing temporary use permits and administrative approvals and to establish a procedure for appealing certain environmental determinations to the City Council, was presented. 3 August 10,2004 CAMPAIGN FINANCE REPORTING SUBSTANTIAL REMODEL REQUIREMENTS There was no one present for public comment. Motion by Councilmember Feinstein. seconded by Mayor Pro Tern McKeown, 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 O'Connor, Genser, Feinstein, Mayor Pro Tern McKeown None. Councilmembers Holbrook, Katz, Mayor Bloom NOES: ABSENT: 7-B: Second reading and adoption Ordinance No. 2135 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 11.04.040 AND 11.04.100 AND ADDS SECTION 11.040.10S TO THE MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE REPORTING REQUIREMENTS," was presented. Motion by Mayor Pro Tern McKeown.. seconded by Councilmember Feinstein, to adopt the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers O'Connor, Genser, Feinstein, Mayor Pro Tern McKeown None. Councilrnembers Holbrook, Katz, Mayor Bloom NOES: ABSENT: 7-C: Second reading and adoption of Interim Ordinance No. 2136 (CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE THRESHOLD AT WHICH A STRUCTURE IS DETERMINED TO BE SUBSTAN- TIALL Y REMODELED AND THEREBY SUBJECT TO ALL CURRENT APPLICABLE ZONING CODE REGULATIONS, ESTABLISHING EXCEPTIONS TO THE SUBSTANTIAL REMODEL REQUIREMENTS, AND AUTHORIZING ZONING ADMINISTRATOR ADmSTMENTS IN SPECIFIED CIRCUMSTANCES, was presented. Motion by CounciImernber Feinstein.. seconded by CounciImember Genser, to hold second reading ot: and adopt ordinance, reading by title only and 4 August 10, 2004 =--;.~] VICIOUS DOGS COUNCILMEMBER DISCUSSION ITEMS: BA YSIDE DISTRICT CORPORATION HOMELAND SECURITY PROCEDURES Council member Holbrook returned at 8:39 p.m. waiving further reading thereof The motion was approved by the following vote: AYES: Councilmember Feinstein, Genser, O'Connor, Mayor Pro Tern McKeown None. Councilmembers Katz, Holbrook, Mayor Bloom NOES: ABSENT: 7-D: Second reading and adoption of Ordinance No. 2137 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4.04.150,4.04.160,4.04.170,4.04.390 AND 4.04.410, ADDING SECTIONS 4.04.155, 4.04.166 AND 4.04.415 TO THE MUNICIPAL CODE, AND REPEALING MUNICIPAL CODE SECTION 3.04.110 RESTRICTING ANIMALS AT LARGE, REGULATING DOGS ON PUBLIC PROPERTY, PROHIBITING DOGS IN SPECIFIED AREAS AND FEEDING IN OFF-LEASH AREAS, AND MODIFYING PROVISIONS ON VICIOUS DOGS," was presented. Motion by Councilmember Feinstein. seconded by Councilmember Genser, to hold second reading of, and adopt ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmember O'Connor, Genser, Feinstein, Mayor Pro McKeown None Councilmembers Holbrook, Katz, Mayor Bloom NOES: ABSENT: 13-A: Annual vacancy appointment to the Bayside District Corporation, for a term ending June 30, 2008. On order of the Mayor Pro Tern, this matter was continued to September 28, 2004. 13-B: Request of Council member Feinstein to direct staff to prepare comments on the Department of Homeland Security's draft procedures to implement the National Environmental Policy Act, expressing concern about the breadth of "categorical exemptions" from environmental review proposed in the draft procedures, was presented. There was no one present for public comment. 5 August 10,2004 SOCIAL SERVICES COMMISSION CLOSED SESSIONS Council member Holbrook was excused at 9:35 p.m. Motion by Councilmember Feinstein. seconded by Mayor Pro Tern McKeown, to approve the request. The motion was unanimously approved by voice vote, with Councilmember Katz and Mayor Bloom absent. 13-C: Reconsideration of appointment made on August 3, 2004, to the Social Services Commission, and if reconsidered, consideration of new appointment, was presented. Motion by Councilmember Feinstein. seconded by Mayor Pro Tern McKeown to reconsider the appointment made on August 3, 2004, to the Social Services Commission. The motion was approved by voice vote, with Councilmember O'Connor abstaining, and Councilmember Katz and Mayor Bloom absent. Motion by Mayor Pro Tern McKeown. seconded by Feinstein, to rescind appointment made. The motion was approved by voice vote, with Councilmember O'Connor abstaining, and Councilmember Katz and Mayor Bloom absent. The appointment being vacated and the seat being vacant, Mayor Pr<Y Tern McKeown nominated Tshombe Sampson. There being no other nominations, Ms. Sampson was appointed by acclamation, with Councilmember Katz and Mayor Bloom absent. On order of the Mayor Pro Tern, the regular City Council recessed at 8:46 p.m., to consider closed s~ssions and reconvened at 9:48 p.m., to report the following action taken: 2-A: Conference with Labor Negotiator. Labor Negotiator: Karen Bancroft, Director of Human Resources Bargaining Units: ATA,ExecutivePay Plan, PALSSU and STA ACTION: Not heard. 2-B: Conference with Legal Counsel- Existing Litigation: Eddie Johnson v. City of Santa Monica, Case No. SC 080 263. ACTION: Not heard. 2-C: Conference with Legal Counsel- Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. SC 074683. ACTION: Heard. No reportable action taken. 6 August 10,2004 ~:::::.:;.;.: 2-D: Conference with Legal Counsel- Existing Litigation: David Levy v. City of Santa Monica, Case No. 063147. Motion by Mayor Pro Tern McKeown. seconded by Councilmember O'Connor, to approve settlement as follows: 1. The Levy's shall pay City $50,000 in attorneys' fees upon execution of agreement. 2. The Levy's shall pay the City $35,000 in attorneys' fees within six months of execution of agreement. 3. If Levy's fail to make the second payment, the City shall have the right to file a stipulated judgment in the amount of$125,000. The motion was approved by the following vote: AYES: NOES: ABSENT: ACTION: Councilmembers O'Connor, Feinstein, Genser, Mayor Pro Tern McKeown None Councilmembers Katz, Holbrook, Mayor Bloom Approved Settlement of $85,000, payable to the City. 2-E: Conference with Legal Counsel- Existing Litigation: Abraham Supino v. City of Santa Monica, Case No. SC 080 283 and related cases. ACTION: Not heard. 2-F: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Baron & Budd. PC. et al.. Case No. BC 315186. ACTION: Heard. No reportable action taken. 2-G: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co.. Case No. 01CC4331. ACTION: Not heard. 2-H: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Two. ACTION: Two cases heard. No reportable action taken. 2-1: Conference with Legal Counsel- Existing Litigation: Amalia Hernandez v. City of Santa Monica, Case No. SC 078 840. ACTION: Not heard. 7 August 10,2004 PUBLIC INPUT: ADJOURNMENT: 2-J: Conference with Legal Counsel Conference with real property negotiator: Property: 160114th Street City negotiator: Jeff Mathieu Under negotiation: Interest in Real Property Owner of Record: Riverstone LLC ACTION: Heard. No reportable action taken. Member of the public Pro Se discussed various concerns. On order of the Mayor Pro Tern, the City Council meeting was adjourned at 8:44 p.m. to September 14, 2004, in memory of Frank Maxwell and all Santa Monicans who lost their lives fighting in World War II. ATTEST: -, ~-\. L \J.-a e,uf... ~ '~~..')-o-^J Maria M. Stewart City Clerk ?L~ Kevin McKeown Mayor Pro Tern 8 August 10,2004