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