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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. 1 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. 2 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