CITY OF SANTA MONICA
CITY COUNCIL MINUTES
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 Tem 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
CONVENE/PLEDGE
On order of the Mayor, the
City Council convened at 5:49 p.m., 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 Tem McKeown,
Mayor
Bloom
NOES: None
ABSENT: Councilmembers
Katz, Holbrook, O=Connor
MINUTES
1-A: The
minutes of the January 27, 2004, City Council meeting were approved as
submitted.
WATER MAIN BREAK
1-B: Recommendation to affirm expenditures for restoration of
Lincoln Boulevard and Colorado Avenue following the January 1, 2004, Water Main
break, was approved.
CONTRACT FOR PLANNING
EVALUATION
1-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.
Councilmember Katz
arrived at 5:54 p.m.
PERS CONTRIBUTIONS
1-D: Recommendation to adopt Resolution No. 9933 (CCS) entitled: AA RESOLUTION FOR PAYING AND REPORTING THE VALUE OF
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 B Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331
ACTION: Heard.
No reportable action taken.
2-B: Conference with Legal Counsel B 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 B 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 B Existing Litigation: Patricia Gordon v.
City of Santa Monica, Case No. BC 286 030.
ACTION: Heard.
No reportable action taken.
2-E: Conference with Legal Counsel B 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 B Anticipated Litigation:
Number
of Cases: One.
Motion by Councilmember
Katz, seconded by Mayor Pro Tem McKeown, 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 Tem McKeown,
Mayor
Bloom
NOES: None
ABSENT: Councilmembers
Katz, Holbrook, O=Connor
Councilmember Katz
returned at 7:24 p.m.
ADMIN. PROCEEDINGS
SHORT-TERM RENTAL HOUSING
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 Tem
McKeown, seconded by 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 read:
A . . . 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 Aallow@ on line 6 of paragraph 4 to Aprohibit@, and to delete the phrase Aas a conditionally permitted use in commercial
districts only@; on paragraph 5 of the same page delete the phrase Aprovide an alternative temporary housing option and
would . . . @; on page 8, Sections 1, 2 and 3 to change the word Aproperty@ to Ahousing@; 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 Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
O=Connor, Holbrook
ORDINANCES:
FINANCE DIRECTOR/RISK
MANAGER
7-A: Second reading and adoption of Ordinance No. 2119 (CCS)
entitled: A AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OFSANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTIONS 2.12.260, 2.44.030, AND 2.44.050 CLARIFYING THE
AUTHORITY AND RESPONSIBILITIES OF THE FINANCE DIRECTOR AND RISK MANAGER TO
SETTLE DISPUTES,@, was presented.
Motion by Mayor Pro Tem
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 Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
Holbrook, O=Connor
CALPERS CONTRACT
7-B: Adoption of Resolution No. 9934 (CCS), entitled: AA 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.
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 Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
O=Connor, Holbrook
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 Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
O=Connor, Holbrook
STAFF ADMIN. ITEMS:
NAME CONNECTOR ROAD
8-A: Recommendation to name the connector road between Palisades
Beach Road (Pacific Coast Highway) and Ocean Avenue (former State Route
187), Moomat Ahiko 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 Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
O=Connor, Holbrook
PLAQUES IN PARKS
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 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.
ANIMAL GUARDIANSHIP
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 Apet@ to Aguardian.@
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 Tem McKeown, seconded by Councilmember Feinstein, to direct staff to prepare an ordinance to modify the
code to include the phrase Aowner/guardian,@ with the underlying definition of Aowner@ to remain. The
motion failed by the following vote:
AYES: Councilmembers
Feinstein, Mayor Pro Tem McKeown
NOES: Councilmembers
Katz, Genser, Mayor Bloom
ABSENT: Councilmembers
Holbrook, O=Connor
The main motion was approved
by the following vote, as follows:
AYES: Councilmembers
Genser, Katz, Mayor Bloom
NOES: Councilmember
Feinstein, Mayor Pro Tem McKeown
ABSENT: 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.
WRITTEN COMMUNICATIONS
LITTER LAWS
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 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.
COUNCILMEMBER
DISCUSSION ITEM:
RETAIL ON THE PROMENADE
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.
HISTORIC HOUSING
INVENTORY
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.
COMMISSION FOR THE SENIOR
COMMUNITY
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.
On order of the Mayor, the
second appointment was continued to March 23, 2004.
PERSONNEL BOARD
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.
SOCIAL SERVICES
COMMISSION
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.
RECREATION AND PARKS
COMMISSION
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.
Mayor Pro Tem McKeown was
excused at 10:15 p.m.
PUBLIC USE OF SCHOOL
FACILITIES
13-G: Request of Mayor Bloom for a status report from staff regarding
council direction given on December 17, 2003 (Items 8H & 13I), particularly
with respect to city payments for public use of school facilities, was presented.
Mayor Pro Tem 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 Tem McKeown absent.
Mayor Pro Tem McKeown
returned at 10:55 p.m.
PUBLIC INPUT
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: APPROVED:
Maria
M. Stewart Richard
Bloom
City Clerk Mayor