M-7/27/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 27,2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5: 5 5
p.m., on Tuesday, July 27,2004, 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 Robert T. Holbrook
Couqcilmember Herb Katz (arrived at 5:59 p.m.)
Absent:
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 5:55 p.m., with
Councilmember O'Connor absent. Assistant to the City Manager, Mona
Miyasato, 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.
Member of the public Joy Fullmer expressed various concerns.
At the request of Mayor Pro Tern McKeown, Item I-F was removed from
the Consent Calendar.
Motion by Councilmember Feinstein. seconded by Mayor Pro Tern
McKeown, to approve all items on the <(onsent Calendar as presented
except Item I-F, reading resolutions and ordinances by title only and
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July 27, 2004
MINUTES
BANKING SERVICES
BLOCK GRANT USES
RETIRE POLICE DOG
SOFTWARE LICENSES
2013 2rt STREET
POSSffiLE PURCHASE
OF REAL PROPERTY
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:
I-A: The minutes of May 25, May 26, and June 8, 2004, City Council
meetings, were approved, as submitted.
I-B: Banking services contract with Bank of America-
recommendation to authorize the City Manager to negotiate and execute
four-year Contract No. 8372 (CCS), with Bank of America, in the amount
of $1 02,500 per year, for banking services, was approved.
l-C: Local Law Enforcement Block Grant (LLEBG) Uses-
recommendation to appropriate and designate uses for the 2004 LLEBG
grant funds and interest on the 2002 and 2003 awards, and approve the
proposed budget changes, was approved.
I-D: Recommendation to retire and approve transferring ownership
of a 12-year old police service dog to his handler, for a nominal sum,
was approved.
l-E: Purchase of software licenses, license upgrades and tracking
services - recommendation to authorize the City Manager to negotiate and
execute Contract No. 8373 (CCS), with Dell Software and Peripherals, in
the amount of$903,588, to purchase Microsoft software licenses, software
licenses, license upgrades and license tracking services for a period of five
years, was approved..
I-G: Adopted Resolution No. 9962 (CCS) entitled:"A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR
TRACT NO. 53757 TO SUBDIVIDE A PROPERTY AT 2013 21st
STREET," was adopted.
I-H: Authorization to Negotiate Terms and Conditions for Possible
Purchase of Real Properties Located 1554 and 1558 Fifth Street; 1415,
1423,1427,1437,1445 Fifth Street and 501 Broadway; 1342,1338 and
1334 Fifth Street, was approved.
2
July 27, 2004
AB 3051
I-F: Recommendation to oppose AB 3051 (Nation and Vargas),
which seeks State legislative authority to allow increase of Safety
Employees' death benefits, was presented.
Mayor Pro Tern McKeown advised that he removed this item from the
Consent Calendar because he was not clear how the proposal fits in with the
larger picture relative to employees' benefits.
Staff provided information and answered questions from Councilmembers.
Discussion ensued on the information received and the impact of the
recommendation on the City's operation.
On order of the Mayor, and with consensus of Councilmembers, this matter
was continued to a future meeting.
CLOSED SESSIONS
On order of the Mayor the City Council recessed at 6:15 p.m., to hear
closed sessions and reconvened at 7:20 p.m., with Councilmember
O'Connor absent. On order of the Mayor, action taken on closed sessions
to be reported at the end of the meeting.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2131 (CCS)
MULTI FAMILY DESIGN entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
STANDARDS
OF SANTA MONICA THAT MODIFIES DEVELOPMENT
STANDARDS AND ESTABLISHES DESIGN STANDARDS FOR
PROPERTIES IN MULTIPLE FAMILY RESIDENTIAL DISTRICTS,
AMENDS THE APPLICATION REVIEW REQUIREMENTS FOR
MULTIPLE FAMILY RESIDENTIAL DISTRICTS, ESTABLISHES
EXEMPTIONS FOR SINGLE FAMILY DWELLINGS IN ALL
DISTRICTS FROM DESIGN REVIEW, MODIFIES THE DEMOLITION
PERMIT REQUIREMENTS, ADDS A DESIGN STANDARDS PERMIT
REQUIREMENT, DELETES THE NW NORTH OF WILSIllRE
OVERLAY DISTRICT, AND MODIFIES THE DEFINITIONS OF
BASEMENT, BUILDING HEIGHT, FINISHED FIRST FLOOR, SEMI-
SUBTERRANEAN GARAGE AND THEORETICAL GRADE," was
presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz,
to adopt the ordinance, reading by title only and waiving further reading
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July 27, 2004
VALET PARKING
CAMPAIGN FINANCE
REPORTING
thereof The motion was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Holbrook, Mayor Pro Tern
McKeown, Mayor Bloom
Councilmember Feinstein
Councilmember O'Connor
NOES:
ABSENT:
Councilmember Feinstein stated, for the record, that he voted in opposition
because the ordinance does not contain obligatory public meetings that
could provide for better projects and reduce the unnecessary confrontational
aspect of our current process.
7-B: Introduction and first reading of an ordinance of the City of
Santa Monica deleting Municipal Code Section 6.12.150 relating to
Downtown Valet Parking, was presented; and adoption.of'Resolution
No. 9963 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA SETTING FEES FOR VALET
PARKING SPACE USE", was presented.
There was no one present for public comment on this matter.
Motion by Councilmember Katz. seconded by Mayor Pro Tern McKeown.
to introduce and hold first reading of the ordinance 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:
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to adopt the resolution, 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 -C: 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.
4
July 27, 2004
DEVELOPMENT
STANDARDS ALONG
MONTANA AVENUE
There was no one present for public comment on the matter.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
F einstein, to introduce and hold first reading of the ordinance, amending it
to include mandatory scanning of campaign statements by the City Clerk
within 24 hours of receipt, and reading by title only and further reading
thereof.
Discussion ensued. The maker and seconder of the motion withdrew their
motion and, on order of the Mayor and with the consensus of
Councilmembers, this matter was continued to August 3, 2004, to allow
time for staff to add language regarding scanning of documents.
7 -D: Introduction and first reading of an ordinance amending
Chapter 9 of the Municipal Code relative to permitted uses, prohibited
uses, and Development Standards within the C2 Neighborhood
Commercial District along Montana Avenue, was presented.
Members of the public Joey Fullmer and John Grogan expressed opinions
regarding the proposal.
Motion by Mayor Pro Tern McKeown, seconded by Councilmember Genser,
to introduce ordinance, amended to direct staff to investigate what might be
an appropriate cap on incidental food shops and return to Council for
discussion, and reading the ordinance by title only and waiving further
reading thereof
Discussion ensued, and subsequently Councilmember Genser withdrew his
second.
Upon further discussion, Mayor Pro Tern McKeown withdrew his motion.
Discussion continued.
Motion bv Mayor Pro Tern McKeown, seconded by Councilmember Genser,
to introduce ordinance, amended to change the word "Cinema" to "Cinema
Buildings," as recommended by the City Attorney; and 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:
5
July 27,2004
SUBSTANTIAL
REMODELS
PROHffiIT GOLFING
IN CITY PARKS
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 all
current applicable zoning code regulations, establishing exceptions to
the substantial remodel requirements, and authorizing zoning
administrator adjustments in specified circumstances, was presented.
The following members of the public spoke generally in support of the
proposal and provided additional comments: Joey Fullmer, Chuck Allord,
Adam Finkel, Amy Call, Ralph Mechur, Joel Brand and Mario Fonda-
Bonardi.
Discussion ensued on various issues including but not limited to foundations,
repair to dry rot, replacement of original walls, and formula for calculating
total area.
Motion by Councilmember Genser, to exclude the consideration of the
foundation replacement towards the calculation of substantial remodeling.
Motion died for lack of a second.
Motion by Councilmember Genser. seconded by Councilmember Feinstein,
to direct staff to return with a revised ordinance that excludes foundation
replacement from the calculation and creates an adjustment process if
weakened walls have to be tom down. The motion was unanimously
approved by voice vote, with Councilmember O'Connor absent.
7-F: Introduction and first reading of an ordinance of the City of
Santa Monica amending the Municipal Code to amend the definition of
park facility and to prohibit golfing in City parks, was presented.
There was no one present for public comment.
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
introduce the 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:
6
July 27, 2004
PROHffilT BICYCLE
RIDING IN PALISADES
PARK
STAFF
ADMINISTRATIVE
ITEMS:
RECESS
7-G:. Introduction and first reading of an ordinance of the City of
Santa Monica amending the Municipal Code to prohibit bicycle riding
in Palisades Park, was presented.
There was no one present for public comment.
Discussion ensued on the merits of the proposed ordinance. After
considerable discussion, no formal action was taken on this matter.
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.
Member of the public Don Girard, representing Santa Monica City College,
spoke in support of the proposed measure, provided additional information
and answered questions of Councilmembers.
Motion bv Councilmember Genser. seconded by Mayor Pro Tern McKeown,
to direct staff to explore partnership arrangements with the College, as
related to the five priorities listed in the staff report, that would preserve the
municipal interests and that better define the roles of the potential
partnership.
Substitute motion by Councilmember Katz, to support staff
recommendation, to analyze if proposed projects are appropriate, and
determine if additional changes are needed. The motion died for lack of a
second.
The original motion was approved as follows:
AYES:
Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None.
Councilmember O'Connor
NOES:
ABSENT:
On order of the Mayor, the City Council recessed at 11: 03 p. m. and
reconvened at 11:15 p.m., with Councilmember O'Connor, absent.
7
July 27,2004
PUBLIC HEARINGS:
2004 STORMW ATER
REPORT
MUL TIFAMIL Y
HOUSING REVENUE
BONDS
WRITTEN
COMMUNICATIONS:
ANIMAL DECLA WING
9-A: Public hearing and approval of the 2004 Stormwater Parcel
Report describing each parcel in the City and the amount of each
parcel's Stormwater Management User Fee for FY 2004-05, was
presented.
Motion bv Mayor Pro Tern McKeown. seconded by Councilmember Katz,
to approve the recommendation. 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:
9-B: Recommendation to hold a public hearing and adopt Resolution
No. 9962 (CCS), entitled: "A RESOLUTION OF TIIE CITY COUNCIL
OF THE CITY OF SANTA MONICA APPROVING THE ISSUANCE OF
MULTIFAMILY HOUSING REVENUE BONDS BY CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITIES,"was
presented.
Members of the public Patricia Hoffinan, Margaret Mills, and Jim Conn
spoke in support of the recommendation.
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
adopt the resolution, 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:
12-A: Request from Jennifer Conrad to address Council requesting an
ordinance to ban de-clawing of aU animals in Santa Monica, was
presented.
Members of the public R. Burton, Andre Marcellous, Gabrielle Saverin,
Penny Primo, John Carey, Terri Macellaro, Jason Levine, Willow Evans,
Erika Willhite, Jim Jensvold, Maria Petersen, Jean Matthson,
Nicole Curias, Patricia Baier, M. Meker, Roger Valentine, Ken Jones,
Suzanne Jones and Snowden Bishop spoke in support of the request.
8
July 27, 2004
Motion by Mayor Pro Tern McKeown, seconded by Councilmember
F einstein, to approve request and direct staff to prepare an ordinance with
an exception to de-clawing for therapeutic purposes.
Substitute motion by Mayor Bloom, seconded by Councilmember Genser, to
direct staff to return with additional information on the issue for further
discussion. The substitute motion failed by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Genser, Holbrook, Mayor Bloom
Councilmembers Feinstein, Katz, Mayor Pro Tern McKeown
Councilmember 0' Connor
Motion to amend original motion by Mavor Pro Tern McKeown, seconded
by Councilmember Feinstein, to add to direct staff to return with objective
and complete information. The original motion, as amended, failed by the
following vote:
;;~
AYES:
NOES:
ABSENT:
Councilmembers Feinstein, Katz, Mayor Pro Tern McKeown
Councilmember Genser, Holbrook, Mayor Bloom
Councilmember O'Connor
Motion bv Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, to continue to next meeting when all Councilmembers will be
present. The motion failed by a 3-3 voice vote, with Councilmember
O'Connor absent.
PREFERENTIAL
PARKING
12-B: Request of John and Gwen Lindahl to address Council
requesting that business owners be allowed to obtain preferential
parking for use by employees ,during business hours, at least between
9:00 a.m., and 6:00 p.m., during the week.
On order of the Mayor, and at the request of Mr. Lindahl, this matter was
continued to September 14, 2004.
A-BOMB EXHffiITION 12-C: Request of Foumiko Kometani Greenfeld to address Council
requesting assistance in securing a facility for two weeks to house an
exhibition, and requesting the City to sponsor or co-sponsor "The
Hiroshima Nagasaki A-Bomb Exhibition" in March 2005.
On order of the Mayor, and Ms. Kometani Greenfeld not being present due
to the lateness of the hour, this matter was continued to a future meeting.
9
July 27, 2004
HR 163 AND S 89
COUNCIL ITEMS:
STATUS OF WOMEN
LANDMARKS
COMMISSION
APPOINTMENTS
12-D: Request of Jerry Rubin to address Council requesting
opposition to the proposed universal military draft, specifically
including HR 163 and S. 89.
On order of the Mayor, and at the request of Mr. Rubin, this matter was
continued to August 3,2004.
13-A: Annual appointments to one vacancy on the Commission on the
Status of Women and one vacancy on the Landmarks Commission for
a term ending June 30,2008.
On order of the Mayor, this matter was continued to August 3, 2004.
13-B: Annual and special vacancy appointments to the following
boards and commissions.
AIRPORT COMMISSION On order of the Mayor, nomination to the Airport Commission was
continued to August 3, 2004.
ARCHITECTURAL
REVIEW BOARD
On order of the Mayor, the floor was opened for nominations to the
Architectural Review Board two terms ending June 30, 2008.
Councilmember Genser nominated Tarek A. Naga for one vacancy.
Mayor Pro Tern McKeown nominated Tania Fischer for one vacancy.
Councilmember Feinstein nominated Bruria Finkel for one vacancy.
Ms. Fischer was appointed by the following vote:
Tarek A. Naga:
Councilmember Genser, Mayor Bloom
Tania Fischer:
Councilmembers Katz, Holbrook, Mayor Pro Tern
McKeown
Bruria Finkel:
Councilmembers Feinstein
There being no majority, Councilmember Genser and Mayor Bloom
requested to change their votes to Ms. Fischer. Ms. Fischer was thus
10
July 27, 2004
BAYSIDE DISTRICT
CORPORATION
BUaDING & SAFETY
COMMISSION
appointed by the following vote:
Tania Fischer:
Councilmembers Genser, Katz, Holbrook, Mayor Pro
Tern McKeown, Mayor Bloom
Bruria Finkel:
Councilmembers Feinstein
Councilmember Genser nominated Michael Folonis to the second vacancy.
There being no other nominations, Mr. Folonis was appointed by
acclamation, with Councilmember O'Connor absent.
On order of the Mayor, nominations for the Bayside District Corporation
were continued to August 3,2004.
On order of the Mayor, nominations for the Building and Safety
Commission were continued to August 3, 2004.
COMMISSION FOR THE On order of the Mayor, nominations for the Commission for the Senior
SENIOR COMMUNITY Community were continued to August 3, 2004.
DISABaITY
COMMISSION
PERSONNEL BOARD
PIER RESTORATION
CORPORATION
On order of the Mayor, nominations for the Disabilities Commission were
continued to August 3,2004.
On order of the Mayor, nominations for the Personnel Board were
continued to August 3, 2004.
On order of the Mayor, nominations for the Pier Restoration Corporation
were continued to August 3, 2004.
RECREATION & PARKS On order of the Mayor, nominations for the Recreation & Parks
COMMISSION Commission were continued to August 3, 2004.
SOCIAL SERVICES
COMMISSION
RESIGNATION
On order of the Mayor, nominations for the Social Services Commission
were continued to August 3, 2004.
13-C: Acceptance of Julie Klein's letter of resignation from the
Disabilities Commission, and authorization for City Clerk to publish
vacancy, was presented.
Motion by Councilmember Genser. seconded by Mayor Bloom, to accept
the letter and authorize the City Clerk to publish the vacancy. The motion
was unanimously approved by voice vote, with Councilmember O'Connor
absent.
11
July 27,2004
CLOSED SESSIONS
Councilmember Katz was
excused at J 2: J 3 a.m.
On order of the Mayor, the City Attorney reported the following action
taken on Closed Sessions:
2-A: Conference with Legal Counsel- Existing Litigation: Santa
Monica Housing Council v. City of Santa Monica, Case No. SC 074
683.
ACTION:
Not heard.
2-B: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. PC. et aI., Case No. BC 315186.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation: Robert
Holbrook and Herb Katz v. City of Santa Monica, Case No. BS 086
908.
ACTION:
Not heard.
2-D: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Five.
The City Attorney reported that four cases heard. On one of these four
cases, Council took the following action:
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein to approve Contract No. 8376 (CCS) as a settlement of $32,000
on the City employee Paul Christman's claim with Mr. Christman retaining
his PERS benefits and dropping all claims against the City. The motion was
approved by the following vote:
AYES:
Councilmembers Holbrook, Genser, Feinstein, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers O'Connor, Katz
NOES:
ABSENT:
2-E: Conference with Legal Counsel- Existing Litigation: Abraham
Supino v. City of Santa Monica, Case No. SC 080283, and related cases.
ACTION:
Heard. No reportable action taken.
12
July 27,2004
PUBLIC INPUT:
ADJOURNMENT:
Members of the public Pro Se, Carlos Giangrasso, James West and Reina
Alvarez discussed various municipal issues.
On order of the Mayor, the City Council meeting was adjourned at 12:20
a.m., in memory of Jack Siegal, the owner of several FM radio stations in
Los Angeles and former chair of the City's Convention and Visitor's Bureau,
who died July 16,2004; and in memory of James Girard, brother of Don
Girard, employee of Santa Monica City College.
ATTEST:
~~ ~~..~~
APPROVED:
a:~.
Mayor
Maria M. Stewart
City Clerk
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July 27, 2004