M-3/9/2004
CITY OF SANTA MONICA
CITY COUNCn. MINUTES
MARCH 9, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:49
p.m., on Tuesday, March 9,2004, 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 Herb Katz (arrived at 5:54 p.m.)
Absent:
Councilmember Robert Holbrook
Councilmember Pam O'Connor
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:49 p.rn., with
Councilmembers Katz, Holbrook and O'Connor absent. Assistant City
Manager Gordon Anderson 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 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 Genser, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Katz, Holbrook, O'Connor
NOES:
ABSENT:
MINUTES
I-A: The minutes of the January 27,2004, City Council meeting were
approved as submitted.
March 9, 2004
WATER MAIN BREAK
CONTRACT FOR
PLANNING
EV ALUA TION
I-B: Recommendation to affirm expenditures for restoration of
Lincoln Boulevard and Colorado Avenue following the January I,
2004, Water Main break, was approved.
l-C: Permit, Plan Check, and Inspection Process evaluation services
- recommendation to authorize the City Manager to negotiate and execute
Contract No. 8329 (CCS), with Matrix Consulting Group, in the amount of
$62,000, to conduct an evaluation of the City's permit, plan check and
inspection process and the code enforcement process, was approved.
PERS CONTRIBUTIONS I-D: Recommendation to adopt Resolution No. 9933 (CCS) entitled: "A
Council member Katz arrived RESOLUTION FOR PAYING AND REPORTING THE VALUE OF
at 5:54p.m. EMPLOYER PAID MEMBER CONTRIBUTIONS," was approved.
CLOSED SESSIONS
On order of the Mayor, the City Council recessed at 6:01 p.m., and
reconvened at 7:18 p.m., with Councilmembers Holbrook, Katz and
O'Connor absent, to report the following:
2-A: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No. 0lCC4331
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: David
Levy. et al. V. City of Santa Monica, Case No. B 157587.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation: Robert
Holbrook and Herb Katz. et al. V. City of Santa Monica, Case No. BS
086 908.
ACTION:
Heard. No reportable action taken,
2-D: Conference with Legal Counsel- Existing Litigation: Patricia
Gordon V. City of Santa Monica, Case No. BC 286 030.
ACTION:
Heard. No reportable action taken.
2
March 9. 2004
ADNUN.PROCEEDINGS
SHORT-TERM RENTAL
HOUSING
Council member Katz
returned at 7:24 p.m.
2-E: Conference with Legal Counsel- Existing Litigation:
Pendragon North American Automotive. Inc. v. City of Santa Monica,
Case No. SS 012 287.
ACTION:
Heard. No reportable action taken.
2-F: Conference with Legal Counsel- Anticipated Litigation:
Number of Cases: One.
Motion by Councilmember Katz. seconded by Mayor Pro Tern McKeo~
to approve settlement with Advantage, Santa Monica, LLC, as follows:
Advantage will file and diligently pursue an amendment to the Performance
Standards Permit for the site to authorize the partial second floor at the site;
the City will issue a business license to Advantage; Advantage will not use
the partial second floor until all necessary City permits are obtained
including a building permit; Advantage will provide required parking due to
increased square footage attributable to the partial second floor; and
Advantage will remove partial second floor if the City approvals are not
obtained. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Katz, Holbrook, O'Connor
NOES:
ABSENT:
6-A: Recommendation to reject appeal of Planning Commission's
Technical Denial of Proposed Text Amendment; and, introduction and
first reading of an ordinance amending Chapter 9 of the Santa Monica
Municipal Code to establish a definition of short-term rental housing,
conditionally permissible zones for short-term rental housing, and
appropriate design and development standards and conditions, was
presented. Applicant: City of Santa Monica; Appellant: Planning
Commissioner Jay P. Johnson.
Appellant Jay P. Johnson spoke in support of the appeal.
Member of the public Joy Fullmer expressed various concerns.
Motion by Mayor Pro Tern McKeown. seconded bv Mayor Bloom, to
uphold the appeal and introduce the ordinance, reading by title only and
waiving further reading thereof, amended to delete the 5th and 6th findings of
page 3; paragraph 7 of the same page will be amended to delete the
reference to Section 9.04.14.149, and the remaining of the paragraph will
3
March 9, 2004
read: " . . . will be added to the Santa Monica Municipal Code to establish a
definition of short-term housing that this form of housing will be prohibited
in the City"; on page 4, the third paragraph will be amended to change the
word "allow" on line 6 of paragraph 4 to "prohibit", and to delete the phrase
"as a conditionally permitted use in commercial districts only"; on paragraph
5 of the same page delete the phrase "provide an alternative temporary
housing option and would. . . "; on page 8, Sections 1, 2 and 3 to change
the word "property" to "housing"; and to delete Sections 2 through 7 of the
ordinance. The motion as amended was approved by the following vote:
AYES:
Councilmembers Genser, Katz, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers O'Connor, Holbrook
NOES:
ABSENT:
ORDINANCES:
FINANCE DIRECTOR!
RISK MANAGER
7-A: Second reading and adoption of Ordinance No. 2119 (CCS)
entitled: " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 2.12.260, 2.44.030, AND 2.44.050 CLARIFYING THE
AutHORITY AND RESPONSmnJTIES OF THE FINANCE
DIRECTOR AND RISK MANAGER TO SETTLE DISPUTES,", was
presented.
Motion by Mavor Pro Tern McKeown. seconded by Councilmember Katz,
to adopt ordinance, reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES
Councilmembers Genser, Katz, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Holbrook, O'Connor
NOES:
ABSENT:
CALPERS CONTRACT 7-B: Adoption of Resolution No. 9934 (CCS), entitled: "A
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF SANTA MONICA,"was
approved; and introduction and first reading of an ordinance of the
City of Santa Monica authorizing an amendment to the contract
between the California Public Employees' Retirement System and the
City, was presented.
There was no one present for public comment.
4
March 9. 2004
STAFF ADMIN. ITEMS:
NAME CONNECTOR
ROAD
PLAQUES IN PARKS
Motion by Councilmember Genser. seconded by Councilmember Feinstein,
to adopt the resolution, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES
Councilmembers Genser, Katz, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers O'Connor, Holbrook
NOES:
ABSENT:
Motion by Councilmember Katz. seconded by Councilmember Genser, to
introduce the ordinance, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
,AYES
Councilmembers Genser, Katz, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers O'Connor, Holbrook
NOES:
ABSENT:
8-A: Recommendation to name the connector road between Palisades
Beach Road (Pacific Coast Highway) and Ocean Avenue (former State
Route 187), Moomat Abiko Way, was presented.
Members of the public Joey Fullmer and Jerry Rubin provided suggestions.
Motion by Mayor Bloom. seconded by Councilmember Feinstein, to name
the street Moomat Ahiko Way, provided the translation is verified and
confirmed, and return to Council with options on implementing the sign..
The motion was approved by the following vote:
AYES:
Councilmembers Genser, Katz, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers O'Connor, Holbrook
NOES:
ABSENT:
8-B: Resolution governing commemorations and tributes in the
City's parks and open spaces - recommendation that Council approve
changes to the City's park commemoration policies; approve budget
changes proposed; adopt proposed resolution replacing Resolution No.
8758(CCS), was presented.
There was no one present for public comment
Discussion ensued on the option of allowing installation of markers or
5
March 9, 2004
ANIMAL
GUARDIANSHIP
WRITTEN
COMMUNICATIONS
plaques under certain circumstances and in certain locations and referring
the matter back to staff and the Recreation and Parks Commission for
additional analysis and recommendations.
Motion by Councilmember Genser. seconded by Councilmember Katz, to
return the matter to staff and the Recreation and Parks Commission to
return with discussion of alternatives that would allow placement of plaques
in parks, street trees, and other appropiate locations. The motion was
unanimously approved by voice vote, with Councilmembers O'Connor and
Holbrook absent.
8-C: Consideration of options for responding to request made by
proponents of animal guardianship, was presented.
Member of the public Jerry Rubin spoke in support of changing the term
"pet" to "guardian."
Members of the public Richard Holden and Robert Goldman spoke in
opposition to changing the term.
Motion by Councilmember Katz. seconded by Mayor Bloom, to not change
the code, and leave as it is.
Substitute motion by Mayor Pro Tern McKeown. seconded by
Councilmember Feinstein, to direct staff to prepare an ordinance to modify
the code to include the phrase "owner/guardian," with the underlying
definition of "owner" to remain. The motion failed by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Feinstein, Mayor Pro Tern McKeown
Councilmembers Katz, Genser, Mayor Bloom
Councilmembers Holbrook, O'Connor
The main motion was approved by the following vote, as follows:
AYES:
NOES:
ABSENT:
Councilmembers Genser, Katz, Mayor Bloom
Councilmember Feinstein, Mayor Pro Tern McKeown
Councilmembers Holbrook, O'Connor
The City Attorney clarified that the main motion, as direction to staff,
passed as it was approved by a majority of those present.
12-A: Request of Gigi Snyder to address Council asking that the
existing litter law have a $1000 fine and that it be posted throughout
6
March 9, 2004
LITTER LAWS
COUNCILMEMBER
DISCUSSION ITEM:
RETAIL ON THE
PROMENADE
mSTORIC HOUSING
INVENTORY
COMMISSION FOR THE
SENIOR COMMUNITY
the City, was presented.
There was no one present for public comment.
Discussion ensued on the request. On order of the Mayor, and with the
consensus of Councilmembers present, staff was directed to review the
City's current laws, signage and enforcement, taking into consideration the
information and the points made during the discussion.
13-A: Request of Councilmember Feinstein to direct staff to conduct
research on past trends and the current amount of formula retail on
the Promenade; to consider the definition of formula retail from the
November 11, 2003, staff report, and return to Council with
recommendations, with the process timed so that the Bayside District
can review the recommendations before returning to Council, was
presented.
Motion by Councilmember Genser. seconded by Councilmember Feinstein,
to continue this item for two weeks and ask the Bayside District for a status
report, and to ask staff to provide information on the effect on current
workload and cost, if this request is approved. The motion was
unanimously approved by voice vote, with Councilmembers O'Connor and
Holbrook absent.
13-B: Request of Councilmember Feinstein to direct staff to cross-
reference the list of buildings on the Historic Inventory with the list of
rent-controlled housing units, and to include this information in the
analysis when incentives to designate structures as landmark buildings
are examined this Spring, was presented.
Motion by Councilmember Feinstein. seconded by Councilmember Genser,
to approve request. The motion was unanimously approved by voice vote,
with Councilmembers O'Connor and Holbrook absent.
13-C: Appointment to one 2002 annual vacancy on the Commission
for the Senior Community for a term ending June 30, 2006, and to one
special vacancy for a term ending June 30, 2007.
On order of the Mayor, the floor was opened for nominations.
Mayor Bloom nominated Marilyn Karade-Wilson for a term ending June 30,
2006. There being no other nominations, Ms. Karade- Wilson was appointed
by acclamation, with Councilmembers O'Connor and Holbrook absent.
7
March 9,2004
PERSONNEL BOARD
SOCIAL SERVICES
COMMISSION
RECREATION AND
PARKS COMMISSION
PUBLIC USE OF
SCHOOL FACILITIES
Mayor Pro Tem McKeown
was excused at 10:15 p.m.
On order of the Mayor, the second appointment was continued to March 23,
2004.
13-D: 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 March 23,2004.
13-E: Appointment to one special vacancy on the Social Services
Commission for a term ending June 30, 2007.
../
On order of the Mayor, this matter was continued to March 23, 2004.
13-F: Appointment to one special vacancy on the Recreation and
Parks Commission for a term ending June 30,2005.
On order of the Mayor, this matter was continued to March 23,2004.
13-G: Request of Mayor Bloom for a status report from staff
regarding council direction given on December 17, 2003 (Items 8H &
131), particularly with respect to city payments for public use of school
facilities, was presented.
Mayor Pro Tern McKeown requested to be excused due to a conflict of
interest with this matter.
The City Manager provided a status report on the City's efforts to pursue
Council's direction. Discussion ensued on the information provided by the
City Manager.
Motion by Mayor Bloom. seconded by Councilmember Katz, to direct staff
to continue with analysis of possibilities and conduct public outreach on
City's financial status and goals. The motion was unanimously approved by
voice vote with Councilmembers Holbrook, O'Connor and Mayor Pro Tern
McKeown absent.
8
March 9, 2004
PUBLIC INPUT
Mayor Pro Tem McKeown
returned at 10:55 p.m.
Members of the public Joe Paolucci and Pro Se expressed various concerns,
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 11:00
p.m. to March 23,2004, in memory of Talmadge Burke and Dorothy
Koutouratsas.
ATTEST:
~w.~_u.}
Maria M. Stewart
City Clerk
[.~
Richard Bloom
Mayor
9
March 9, 2004