M-8/3/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 3, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:45
p.m., on Tuesday, August 3,2004, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Absent:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein (arrived at 5:54 p.m.)
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Herb Katz (arrived at 5:50 p.m.)
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 5:45 p.m., with
Councilmembers Feinstein, Katz, and O'Connor absent. Karen Bancroft,
Director of Human Resources, led the assemblage in the Pledge of
Allegiance.
CLOSED SESSIONS CLOSED SESSIONS: On order of the Mayor, the City Council recessed
Council member Katz arrived at 5:46 p.m., to hear closed sessions and returned at 6:55 p.m., with
at 5;50 p.m. Councilmember O'Connor absent to report the following action taken:
Council member Feinstein
arrived at 5;54 p.m.
2-A: Conference with Labor Negotiator.
Labor Negotiator: Karen Bancroft, Director of Human Resources
Bargaining Units: ATA, Executive Pay Plan, PALSSU and STA
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Abraham
Supino v. City of Santa Monica, Case No. SC 080 283, and related
cases.
ACTION:
Not heard.
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August 3, 2004
ORDINANCES:
DOWNTOWN VALET
PARKING
2-C: 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-D: Conference with Legal Counsel- Existing Litigation: Robert
Holbrook and Herb Katz v. City of Santa Monica, Case No. BS 086
908.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel - Existing Litigation: Martin
Erck v. City of Santa Monica, Case No. SC 078 278.
Motion by Councilmember Holbrook seconded by Councilmember
Feinstein, to approve settlement, in the amount of $425,000, for injuries
sustained in an accident between a bus and a cyclist. The motion was
approved by the following vote:
AYES:
Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember 0' Connor
NOES:
ABSENT:
2-F: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Two.
ACTION:
Not heard.
:." ;
2-G: Conference with Legal Counsel- Anticipated Litigation: City
of Santa Monica v. Shell Oil Co., Case No. 01CC4331.
ACTION:
Not heard.
7-A: Second reading and adoption of Ordinance No. 2132 (CCS)
entitled: " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA DELETING SANTA MONICA MUNICIPAL CODE
SECTION 6.12.150 RELATING TO DOWNTOWN VALET PARKING,"
was presented.
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August 3, 2004
DEVELOPMENT
STANDARDS ALONG
MONTANA A VENUE
PROHmIT GOLFING
IN CITY PARKS
Motion by Mayor 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 Feinstein, Katz, Genser, Holbrook, Mayor
Pro Tern McKeown, Mayor Bloom
None.
Councilmember O'Connor
NOES:
ABSENT:
7-B: Second reading and adoption of Ordinance No. 2133 (CCS)
entitled: " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA MODIFYING SANTA MONICA MUNICIPAL
CODE SECTIONS 9.04.08.16.020, 9.04.08.16.050, AND 9.04.08.16.060
RELATIVE TO PERMITTED USES, PROHIBITED USES, AND
DEVELOPMENT STANDARDS WITHIN THE C2 NEIGHBORHOOD
COMMERCIAL DISTRICT ALONG MONT ANA AVENUE," was
presented.
Motion by Mayor Pro Tern McKeown, seconded by Councilmember
Feinstein, to adopt ordinance, reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None.
Councilmember 0' Connor
NOES:
ABSENT:
7-C: Second reading and adoption of Ordinance No. 2134 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL
CODE TO AMEND THE DEFINITION OF PARK FACILITY TO THE
CODE AND TO PROHIBIT GOLFING IN CITY PARKS," was presented.
Motion by Councilmember Holbrook seconded by Councilmember
Feinstein, to adopt ordinance, reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor
Pro Tern McKeown, Mayor Bloom
None.
Councilmember 0' COllf!.or
NOES:
ABSENT:
3
August 3, 2004
CAMPAIGN FINANCE
REPORTING
SUBSTANTIAL
REMODEL
REQUIREMENTS
7-D: Introduction and first reading of an ordinance of the City of
Santa Monica amending Chapter 11 of the Municipal Code relating to
campaign finance reporting requirements, was presented.
There was no one present for public comment on this matter.
Motion bv Mayor Pro Tern McKeown, seconded by Councilmember Katz,
to introduce and hold first reading of ordinance, reading by title only and
waiving further reading thereof" The motion was approved by the following
vote:
AYES:
Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None.
Councilmember O'Connor
NOES:
ABSENT:
7-E: Introduction and first reading of an interim ordinance of the
City of Santa Monica modifying the threshold at which a structure is
determined to be substantially remodeled and thereby subject to aU
current applicable zoning code regulations, establishing exceptions to
the substantial remodel requirements, and authorizing zoning
administrator adjustments in specified circumstances, was presented.
Members of the public Joey Fullmer and Adam Finkel spoke to various
aspects of the ordinance.
Motion by Councilmember Katz, seconded by Councilmember Feinstein, to
introduce the ordinance, eliminating the 35% damage to wall, to limit
"damage" to items such as dry rot, termite damage or water damage or mold
that can destroy part of the wall, that unforseen was damage discovered
during construction, and that such damage can go to an adjustment within 14
days for a hearing, and if challenged, could be handled within 45 days. The
motion failed by the following vote:
AYES:
NOES:
Councilmembers Feinstein, Katz, Holbrook
Councilmember Genser, Mayor Pro Tern McKeown, Mayor
Bloom
Councilmember O'Connor
ABSENT:
4
August 3, 2004
Motion by Councilmember Katz, seconded by Councilmember Feinstein. to
introduce and hold first reading of the ordinance, amended as above, but
only applicable to substandard lots, reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor
Pro Tem McKeown, Mayor Bloom
None
Councilmember 0 'Connor
NOES:
ABSENT:
VICIOUS DOGS
7-F: Introduction and first reading of an ordinance of the City of
Santa Monica amending Sections 4.04.150 and 4.04.160, and adding
Sections 4.04.155, 4.04.165, 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.
Joy Fullmer expressed various concerns. Georja Umano Jones and Jerry
Rubin spoke in support of allowing dogs at the beach.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember
Feinstein, to introduce and hold first reading or ordinance reading by title
only and waiving further reading thereof, and amending Page 3 to add
"without the property owner/occupant's permission" in the first paragraph;
page 9, subsection 4.04.390(A) to read, "No person shall fee4 any animal or
bird in the area described in Section 3.36.150 of this Code or in any
designated off-leash area;" subsection (B) to read, "No person shall permit
any food or other matter edible by animals or birds to remain on the ground
after dropping it or dispersing in or on any park or designated off-leash area,
or public street or sidewalk;" and with subsection 4.04. 390(A)(2) to be
deleted and with direction to staff to work into the workplan public
education on enforcement of the ordinance. The motion was approved by
the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Mayor Pro Tem
McKeown, Mayor Bloom
Councilmember Holbrook
Councilmember O'Connor
::' ~ "
NOES:
ABSENT:
5
August 3, 2004
STAFF
ADMINISTRATIVE
ITEMS
PARTNERSHIP WITH
S.M. COLLEGE
TRANSIENT
OCCUPANCY TAX
8-A: Partnership Opportunities with Santa Monica College -
recommendation to consider and identifY potential partnership projects in the
context of other capital needs, provide direction as to acceptable land use
protections, offer contingent support of the College's ballot measure and
direct staff to attempt to develop an agreement that would form the basis for
partnership and allow for full support by September 30,2004, was
presented.
There was no one present for public comment.
Motion by Mayor Bloom, seconded by Councilmember Feinstein, to direct
staff to continue exploring partnership opportunities with Santa Monica
College and the Santa Monica-Malibu Unified School District taking into
consideration the City's strategic needs and providing Council an
opportunity to analyze the City's objectives, with periodic reports to
Council; and to include in the General Plan Update any information received
from other entities for consideration of their impacts on the City. The
motion was unanimously approved by voice vote, with Councilmember
0' Connor absent.
8-B: Resolution placing measure on the November 2, 2004, General
Municipal Election to increase Transient Occupancy Tax from 12% to
14 % - recommendation to adopt a resolution placing one measure on the
November 2,2004, General Municipal Election which would amend Chapter
6.68 of the Santa Monica Municipal Code to increase the Transient
Occupancy Tax from 12% to 14%; authorizing City Councilmembers to file
written arguments for or against the proposition; and, directing the City
Attorney to prepare an impartial analysis of the measure, was presented.
Members of the public Joey Fullmer and Jerry Rubin spoke in support of the
proposed measure.
Motion by Councilmember Feinstein, seconded by Councilmember Katz, to
adopt Resolution No. 9965 (CCS) entitled: " A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING
TO THE VOTERS ONE MEASURE AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004,
AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN
ARGUMENTS FOR OR AGAINST THE PROPOSITION AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
6
August 3,2004
ANALYSIS OF THE MEASURE." The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor
Pro Tern McKeown, Mayor Bloom
None.
Councilmember O'Connor
Motion by Councilmember Genser, duly seconded, to designate
Councilmembers O'Connor, Holbrook and Mayor Pro Tem McKeown, plus
at least two other individuals to be determined, to prepare an argument in
support of the measure. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor
Pro Tem McKeown, Mayor Bloom
None
Councilmember O'Connor
Motion by Councilmember Feinstein, seconded by Councilmember Katz, to
direct the City Attorney to prepare an impartial analysis. The motion was
approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor
Pro Tem McKeown, Mayor Bloom
None
Councilmember O'Connor
WRITTEN 12-A: Request of Foumiko Kometani Greenfeld to address Council
COMMUNICATIONS requesting assistance in securing a facility for two weeks to house an
HmOSHIMA NAGASAKI exhibition, and requesting the City to sponsor or co-sponsor "The
A-BOMB EXHmITION Hiroshima Nagasaki A-Bomb Exhibition" in March 2005, was
presented.
Members of the public Jerome Schnitzer, Tonia Young and Eric Vollmer
spoke in support of the request.
Motion bv Mayor Bloom, seconded by Councilmember Katz, to direct staff
to explore possible locations, including, Santa Monica-Malibu Unified
School District and Santa Monica College sites. The motion was
unanimously approved by voice vote with Councilmember O'Connor absent.
7
August 3, 2004
HR 163 AND S. 89
12-B: Request of Jerry Rubin to address Council requesting
opposition to the proposed universal military draft, specifically
including HR 163 and S. 89, was presented.
Members of the public Jerome Schnitzer, Jed Wolf, Edgar Walther, Mark
Sully, Tonia Young, Kathleen Hernandez, Susan Fraser, Yael Samuel,
Georja Umano Jones, Bruce Campbell, and Eric Vollmer spoke in support of
the request.
Motion by Mayor Pro T em McKeown, seconded by Councilmember Katz,
to oppose under the present circumstances the imposition on Santa Monica
Youth of a proposed universal military draft. The motion was approved by
the following vote:
AYES:
Councilmembers Genser, Katz, Feinstein, Mayor Pro Tem
McKeown
Councilmember Holbrook
Mayor Bloom
Councilmember O'Connor
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER
DISCUSSION ITEMS
13-A: Annual and special vacancy appointments to the following
boards and commissions:
AIRPORT COMMISSION On order ofthe Mayor, appointments to the Airport Commission were
continued to September 14, 2004.
BA YSIDE DISTRICT
CORPORATION
On order ofthe Mayor, appointments to the Bayside District Corporation
were continued to August 10, 1004.
BUILDING AND SAFETY On order ofthe Mayor, the floor was opened for nominations:
COMMISSION
Councilmember Katz nominated Y ong Kim for a term ending June 30, 2008.
There being no other nominations, Mr. Kim was appointed by acclamation
with Councilmember O'Connor absent.
On order of the Mayor, the second vacancy with a term ending June 30,
2008, was continued to September 14, 2004.
COMMISSION FOR mE On order of the Mayor, appointments to the Commission for the Senior
SENIOR COMMUNITY Community were continued to September 14, 2004.
COMMISSION ON THE
STATUS OF WOMEN
On order of the Mayor, appointments to the Commission on the Status of
Women were continued to September 14, 2004.
8
August 3, 2004
DISABILITIES
COMMISSION
LANDMARKS
COMMISSION
PERSONNEL BOARD
PIER RESTORATION
CORPORATION
On order of the Mayor, the floor was open for nominations.
Councilmember Katz nominated Kecia Weller for a term ending June 30,
2008. There being no other nominations, Ms. Weller was appointed by
acclamation with Councilmember O'Connor absent.
On order of the Mayor, the floor was open for nominations.
Councilmember Feinstein nominated Colin Maduzia as a designated Real
Estate Licensee for a term ending June 30,2008. There being no other
nominations, Mr. Maduzia was appointed by acclamation, with
Councilmember O'Connor absent.
On order of the Mayor, appointments to the Personnel Board were
continued to September 14, 2004.
On order of the Mayor, appointments to the Pier Restoration Corporation
were continued to September 14, 2004.
RECREA TION & PARKS On order of the Mayor, the floor was opened for nominations.
COMMISSION
SOCIAL SERVICES
COMMISSION
SB 1160
Councilmember Katz nominated Frank Schwengel for a third term ending
June 30,2008. There being no other nominations, Mr. Schwengel was
appointed by acclamation, with Councilmember O'Connor absent.
On order of the Mayor, the floor was opened for nominations for two teflIl(l
ending June 30, 2008, on the Social Services Commission.
Councilmember Feinstein nominated incumbent Chuck Perliter. There being
no other nominations, Mr. Perliter was appointed to a third term by
acclamation, with Councilmember O'Connor absent.
Mayor Bloom nominated Candice Gottlieb. There being no other
nominations, Ms. Gottlieb was appointed by acclamation, with
Councilmember O'Connor absent.
13-B: Request of Mayor Pro Tern McKeown that the City of Santa
Monica support State Senate Bill 1160 (Cedillo), the Immigrant
Responsibility and Security Act, providing legal driving options for
currently unlicensed California drivers, was presented.
9
August 3, 2004
PUBLIC INPUT
ADJOURNMENT:
Motion by Mayor Pro T em McKeown, seconded by Councilmember
Feinstein, to approve the request. The motion was approved by the
following vote:
AYES:
Councilmembers Holbrook, Genser, Feinstein, Mayor Pro
Tern McKeown, Mayor Bloom
Councilmember Katz
Councilmember 0' Connor
NOES:
ABSENT:
No one was present for public comment.
On order of the Mayor, the City Council meeting was adjourned at 11 :28
p.m. to August 10, 2004, in memory of Mary Lawrence, mother of Assistant
City Attorney Joe Lawrence.
ATTEST:
~~..~p~l~
Maria M. StewaJ
City Clerk
APPROVED:
~~
Richard Bloom
Mayor
10
August 3, 2004