CITY OF SANTA MONICA



CITY COUNCIL MINUTES



APRIL 9, 2002



A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:51 p.m., on Tuesday, April 9, 2002, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Michael Feinstein

Mayor Pro Tem Kevin McKeown

Councilmember Richard Bloom

Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 6:55 p.m.)

Councilmember Herb Katz

Councilmember Pam O'Connor (arrived at 6:15 p.m.)

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

Records Management Coordinator Melodi A. Pearson

On order of the Mayor, the City Council convened at 5:51 p.m., with Councilmembers Holbrook and O'Connor absent. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion.

There was no one present for public comment.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Bloom, 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 Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein.

NOES: None

ABSENT: Councilmembers Holbrook, O'Connor.

1-A: Minutes of February 26, and March 5, 2002, City Council meetings were approved.

1-B: Resolution No. 9755 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP 26120" - recommendation to adopt a resolution approving the Final Parcel Map No. 26120 for a 3-unit condominium project at 235 Ocean Park Boulevard. Resolution not approved due to incorrect Tract Map Number on Resolution and staff report. See meeting of 5/14/02 for adoption of Resolution No. 9755 (CCS). Authorization by the City Manager to negotiate and execute Contract No. 8094 (CCS) for a Subdivision Improvement Agreement, was approved.

1-C: Designation of uses for State Citizens' Option for Public Safety funding and appropriation of funds for expenditure - 0recommendation to authorize the proposed uses for $211,070 in funds, and approve the recommended appropriation, was approved.

1-D: Contract with Damon Construction Company - recommendation to authorize the City Manager to negotiate and execute Contract No. 8095 (CCS) with Damon Construction Company, in the amount of $124,600, for the construction of various ramps locate throughout the City of Santa Monica, was approved.

Councilmember O'Connor arrived at 6:15 p.m.

Councilmember Holbrook arrived at 6:55 p.m. Member of the public Margaret Strubel, on behalf of the Oaks Project, spoke in support of implementing the proposition as it relates to item 2-A..

On order of the Mayor, the City Council adjourned at 6:00 to consider closed sessions and reconvened at 6:55 p.m., with all Councilmembers present, to report the following:

2-A: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Maria Stewart, Case No. SC 067 033.

ACTION: Case heard. No reportable action taken.

2-B: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 01CC04331.

ACTION: Case heard. No reportable action taken.

2-C: Conference with Legal Counsel - Anticipated Litigation: Number of cases: Four.

ACTION: Not Heard.

2-D: Conference with Labor Negotiator:

City Negotiator: Karen Bancroft, Personnel Director.

Bargaining: Units: Administrative Team Association

ACTION: See Action taken on Item 11-A.

2-E: Conference with Legal Counsel - Existing Litigation: Andy Goldberg v. City of Santa Monica, Case No. LASC No. SS 010548.

ACTION: Case heard. No reportable action taken.

Motion by Councilmember Katz, seconded by Councilmember Holbrook, to request the addition of an emergency 12 item to this evening's agenda regarding discussion of a proposed "Homeowners for Freedom of Choice Initiative," currently being circulated in the City. The motion failed 6 to 1 by a voice vote, with all members present.



6-A: Appeal of Landmarks Commission decision designating 1855 Main Street (Civic Auditorium) as a City Landmark - recommendation to uphold the decision of the Landmarks Commission designating the Civic Auditorium as a City Landmark, with the proposed findings. Applicant: City of Santa Monica, Appellant: Councilmember Herb Katz.

Councilmember Katz, stated that after requesting advice from the City Attorney, he is waiving his right to present the appeal in order to be able to participate in the deliberation process.

Members of the public Ruthann Lehrer, Alan Leib, Victory Fresco, Trudi Sandmeier, Barbara Schnizlar, Bruce Becket, Jerry Rubin, Bea Nemlaha, and Pam Vavra spoke in opposition to the appeal and in favor of the decision of the Landmarks Commission.

Member of the public Tom Carter expressed his opinion.

Members of the public Eric Parlee, Jean Gebman, Greg Spotts, and Chuck Allord spoke in support of the appeal.

Discussion ensued regarding the preservation of historical landmarks and how landmarks contribute to making a healthy balance in the community.

Motion by Councilmember O'Connor, seconded by Councilmember Genser, to deny the appeal and uphold the Landmarks Commission designation. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, O'Connor, Bloom, Genser, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: Councilmember Katz

ABSENT: None

Councilmember Katz stated for the record, that his no vote reflects his thinking to include the need for complete flexibility in altering the Landmarks Ordinance and the usages.

7-A: Second reading and adoption of interim Ordinance No. 2042 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE EXTENDING THE MODIFICATIONS TO DEVELOPMENT STANDARDS AND BUILDING HEIGHT PROJECTIONS FOR PROJECTS DEVELOPED WITHIN THE R2 LOW DENSITY MULTIPLE FAMILY RESIDENTIAL, R3 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL AND R4 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS AND TO THE REQUIREMENTS FOR DEMOLITION PERMITS," was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember O'Connor, to adopt the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmember Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: None

7-B Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE CHAPTERS 1 AND 8 RELATING TO CODE ENFORCEMENT AND THE IMPOSITION OF ADMINISTRATIVE FINES AND ADMINISTRATIVE PENALTIES," was presented.

Members of the public Chuck Allord, Joey Fullmer, Chris Harding, Ken Kutcher and James Isaacs spoke in favor of the ordinance and suggested some amendments for clarification.

Motion by Mayor Pro Tem McKeown, seconded by Mayor Feinstein, to introduce the ordinance amended to read as follows: Adding to Section 1.09.010, page 5, (b) The phrase "…applies to discrete and transitory or easily remediable violations of the Code." Add the word "directly" to Section 1.09.130 so the phase reads "Any person directly aggrieved by an administrative decision of a Hearing Officer". Adding to Section 1.09.150 "…or stating that the grantee, transferee, mortgagee, or lessee intends to timely challenge the citation. The transfer of ownership in violation of this Section shall not abrogate the transfer". Adding to Section 1.10.080 (b) "…and the City…." Adding to Section 1.10.130 (b) "or special assessment." Adding to Section 1.10.230 "…or stating that the grantee, transferee, mortgages, or lasses intends to timely challenge the citation." Adding to Section 8.08.015 "…or any subordinate authorized to act on behalf f the Building Officer." Removing language from page 34 Section 8.08.015 (4) and page 36 Section 8.08.070 (3) respectively, "…the Building Officer has determined that…" and "Any affected person shall thereafter, upon petition directed to the Building and Safety Commission, be afforded a hearing as prescribed by this Technical Code," and removing the following language from Section 12, "This Ordinance shall become effective thirty days after its adoption." Reading the Ordinance by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmember Katz, Genser, Bloom, O'Connor, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSTAIN: Councilmember Holbrook

ABSENT: None

On order of the Mayor, the City Council recessed at 9:40 p.m., and reconvened at 9:55 p.m. with all members presents.

8-A: The Santa Monica Disability Community Accessibility Committee Report and recommendation to direct staff to prepare an ordinance for the creation of a Disabilities Commission, was presented by co-chairs Dr. Elizabeth Bancroft and Elizabeth Bogen.

Members of the public Chris Krauf, Julie Klein, Sam Genensky, J.D. Harber, Kecia Weller, Christofer Arroyo, Jerry Rubin, Mary Ann Glicksman, and Pam Vavra spoke in favor of creating a Disabilities Commission.

Member of the public Brian Quincy Hutchinson expressed various concerns.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to approve the staff recommendation and direct the City Attorney to develop an ordinance for the creation of a Disabilities Commission.

Motion to amend by Councilmember Katz, to name the new entity "Accessibility Commission".

Mayor Pro Tem McKeown advised that he accepts the motion as friendly provided that the matter is opened for discussion and public input when the ordinance comes back to Council. Councilmember Katz was agreeable and the motion was accepted as friendly.

Discussion ensued regarding the importance of the Commission being proactive in dealing with issues with all Boards and Commissions.

Motion to amend by Councilmember O'Connor, to change wording of page 16, bullet point three, to read "Provide input to different commissions and committees including Housing Commission, Architectural Review Board, Planning Commission, Social Services Commission, Commission on Older Americans, Recreation and Parks Commission, and the School District about disability issues". The motion was accepted as friendly.

Motion to amend by Councilmember Genser, to add language to page 18 to keep the Disability Community Accessibility Committee in place until the Disabilities Commission is established. The motion was accepted as friendly. The motion, as amended, was approved by the following vote:

AYES: Councilmember Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: None

8-B: Conceptual approval of Downtown Parking Task Force's recommended strategic plan to retrofit, rebuild and add parking resources in Downtown Santa Monica and to authorize staff to proceed with implementation steps, was presented.

Members of the public Linda Sullivan, Ellen Brennan, John Warfel, Bill Tucker and Michael Klein spoke in support of the Downtown Parking Task Force's recommended strategic plan.

Member of the public Joey Fullmer expressed various concerns.

Motion by Councilmember Holbrook, seconded by Mayor Feinstein, to approve staff recommendation.

Motion to amend by Mayor Feinstein, to include an analysis to design the structures with solar capabilities for solar collection facilities. Motion was accepted as friendly. The motion, as amended, was approved by the following vote:

AYES: Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: None

8-C: Recommendation to appoint three Councilmembers and one property owner representative to the Promenade Uses Task Force, was presented.

Discussion ensued regarding how to select Councilmembers for the Task Force. After some discussion it was determined that slates of three Councilmember would be nominated and then voted on.

Councilmember Katz nominated Slate #1 consisting of Councilmembers Katz, O'Connor and Mayor Feinstein, for appointment to the Promenade Users Task Force.

Mayor Pro Tem McKeown nominated Slate #2 consisting of Councilmembers Genser, O'Connor and Mayor Feinstein, for appointment to the Promenade Users Task Force. Slate #1 was approved by the following vote:

Slate #1 Councilmembers Holbrook, O'Connor, and Katz, Mayor Feinstein

Slate #2 Councilmember Bloom, McKeown, and Genser

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to appoint Merlyn W. Ruddell to the Promenade Users Task Force. The vote was approved by the following vote:

AYES: Councilmembers Holbrook, Bloom, Katz, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSTAIN: Councilmembers Genser and O'Connor

ABSENT: None

PUBLIC HEARING FAIR HOUSING REPORT

9-A: Assessment of Impediments to Fair Housing Report and recommendation to receive and file.

Members of the public Joey Fullmer and Tom Carter spoke in support of the report.

Motion by Councilmember Katz, seconded by Councilmember Bloom, to receive and file the report. The motion was unanimously approved by voice vote, with all members present.

11-A: Resolution No. 9756 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING ATHE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTATDING WITH THE ADMINISTRATIVE TEAM ASSOCIATES," was presented.

Motion by Mayor Feinstein, seconded by Mayor Pro Tem McKeown, to adopt resolution reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Katz, Genser, Bloom, O'Connor Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: None

12-A: Request of Kelly Olsen to address the City Council regarding the Planning Commission and the Architectural Review Board's adoption of rules of disclosure of ex parte meetings and communications when acting as quasi judicial bodies and to present material and information received from the City Attorney's office regarding the need for public disclosure of such communications from quasi judicial bodies regardless of formal adoption of disclosure rules.

This item was continued to a future meeting at Mr. Olsen's request.

13-A: Appointment to two annual vacancies on the Building & Safety Commission for terms ending June 30, 2005.

On order of the Mayor, the floor was opened for nominations.

Councilmember Katz nominated David Schaffer to the commission. There being no other nominations, David Schaffer was appointed by acclamation, with all members present.

At the request of Councilmember Genser, the second vacancy for a term ending June 30, 2005, was continued to May 14, 2002.

13-B: Appointment to two special vacancies on the Commission on Older Americans. One vacancy for a partial term ending June 30, 2003 and one vacancy for a full term ending June 30, 2005.

On order of the Mayor, the floor was opened for nominations.

Councilmember Bloom nominated Joel Greenberg for the term ending June 30, 2005. There being no other nominations, the appointment was approved by acclamation.

At the request of Councilmember Bloom, the second vacancy for term ending June 30, 2003, was continued to May 14, 2002.

13-C: Acceptance of Charles Gaines' letter of resignation from the Arts Commission, and recommendation to authorize the City Clerk to publish the vacancy.

Motion by Mayor Pro Tem McKeown, seconded by Mayor Feinstein, to accept the resignation with regrets, and authorize publishing of vacancy. The motion was unanimously approved by voice vote, with all members present.

13-D: Request of Mayor Feinstein to direct staff to amend the Council's Rules of Order and Procedure for the Conduct of City Council Meetings to change the regular Council meeting starting time from 5:45 p.m. to 5:30 p.m.

Motion by Mayor Feinstein, seconded by Councilmember Katz, to approve the request. The motion failed 4 - 3, by a voice vote, with all members present.

13-E: Request of Mayor Michael Feinstein to waive the fee for the use of the Council Chambers by the California Commission on Tax Policy in the New Economy's public hearing to be held on Thursday, May 16, 2002.

Member of the public Brian Quincy Hutchings expressed concerns.

Motion by Mayor Feinstein, to approve request. The motion, duly seconded, was unanimously approved by voice vote, with all members present.

13-F: Request of Mayor Pro Tem McKeown to direct staff to examine policies and practices regarding rebuilding of residential properties after fires and other disasters, if necessary returning with suggested ordinance language harmonizing the Municipal Code with the City Charter.

Members of the public John Oursland and Brian Quincy Hutchings spoke in favor of the request.

Motion of Mayor Pro Tem McKeown, seconded Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with all members present.

Councilmember Katz was excused at 12:08 a.m.

13-G: Acceptance of Jamila Jones' letter of resignation from the Social Services Commission, and recommendation to authorize the City Clerk to publish the vacancy.

Motion by Mayor Feinstein, seconded by Councilmember Genser, to accept the resignation with regrets, and authorize publishing of vacancy. The motion was unanimously approved by voice vote, with Councilmember Katz absent.

Councilmember Katz returned at 12:10 a.m.

13-H: Request of Mayor Pro Tem McKeown that the Santa Monica City Council support state housing and tenant protection bills SB 1403 (Kuehl), SB 1227 (Burton) and AB 2330 (Minden), and that Santa Monica's support be promptly communicated to appropriate legislators and Governor Davis, was presented.

Members of the public Pam Vavra, Sean Davila and Scott Chaplowe spoke in support of the request.

Motion of Mayor Pro Tem McKeown, seconded by Mayor Feinstein, to approve request. The motion was unanimously approved by voice vote with all members present

Members of the public Anthony Hilder, Brian Quincy Hutchings, Joe Natoli and Art Casillas addressed various concerns.

ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:32 a.m to April 23, 2002.

APPROVED: Michael Feinstein, Mayor

ATTEST: Melodi A. Pearson, Records Management Coordinator