CITY OF SANTA MONICA

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 5:55 p.m., on Tuesday, July 27, 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 Robert T. Holbrook

Councilmember 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 Tem McKeown, Item 1-F was removed from the Consent Calendar.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, to approve all items on the Consent Calendar as presented except Item 1-F, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor

Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

MINUTES

1-A: The minutes of May 25, May 26, and June 8, 2004, City Council meetings, were approved, as submitted.

BANKING SERVICES

1-B: Banking services contract with Bank of America B recommendation to authorize the City Manager to negotiate and execute four-year Contract No. 8372 (CCS), with Bank of America, in the amount of $102,500 per year, for banking services, was approved.

BLOCK GRANT USES

1-C: Local Law Enforcement Block Grant (LLEBG) Uses B 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.

RETIRE POLICE DOG

1-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.

SOFTWARE LICENSES

1-E: Purchase of software licenses, license upgrades and tracking services B 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..

2013 21^st STREET

1-G: Adopted Resolution No. 9962 (CCS) entitled:AA 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 21^st STREET,@ was adopted.

POSSIBLE PURCHASE OF REAL PROPERTY

1-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.

AB 3051

1-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 Tem 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:

MULTI FAMILY DESIGN STANDARDS

7-A: Second reading and adoption of Ordinance No. 2131 (CCS) entitled: AAN ORDINANCE OF THE CITY COUNCIL OF THE CITY 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 WILSHIRE 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 Tem McKeown, seconded by Councilmember Katz, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Katz, Genser, Holbrook, Mayor Pro Tem McKeown, Mayor Bloom

NOES: Councilmember Feinstein

ABSENT: Councilmember O=Connor

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.

VALET PARKING

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: AA 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 Tem 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 Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

Motion by Mayor Pro Tem 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 Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

CAMPAIGN FINANCE REPORTING

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.

There was no one present for public comment on the matter.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, 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.

DEVELOPMENT STANDARDS ALONG MONTANA AVENUE

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 Tem 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. The motion was approved by the following vote:

Discussion ensued, and subsequently Councilmember Genser withdrew his second.

Upon further discussion, Mayor Pro Tem McKeown withdrew his motion. Discussion continued.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to introduce ordinance, amended to change the word ACinema@ to ACinema 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 Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

SUBSTANTIAL REMODELS

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 torn down. The motion was unanimously approved by voice vote, with Councilmember O=Connor absent.

PROHIBIT GOLFING IN CITY PARKS

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 Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

PROHIBIT BICYCLE RIDING IN PALISADES PARK

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.

STAFF ADMINISTRATIVE ITEMS:

8-A: Partnership Opportunities with Santa Monica College B 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 by Councilmember Genser, seconded by Mayor Pro Tem 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 Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

RECESS

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.

PUBLIC HEARINGS:

2004 STORMWATER REPORT

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 by Mayor Pro Tem 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 Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

MULTIFAMILY HOUSING REVENUE BONDS

9-B: Recommendation to hold a public hearing and adopt Resolution No. 9962 (CCS), entitled: AA RESOLUTION OF THE 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 Hoffman, 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 Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

WRITTEN COMMUNICATIONS:

ANIMAL DECLAWING

12-A: Request from Jennifer Conrad to address Council requesting an ordinance to ban de-clawing of all 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.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, 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: Councilmembers Genser, Holbrook, Mayor Bloom

NOES: Councilmembers Feinstein, Katz, Mayor Pro Tem McKeown

ABSENT: Councilmember O=Connor

Motion to amend original motion by Mayor Pro Tem 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: Councilmembers Feinstein, Katz, Mayor Pro Tem McKeown

NOES: Councilmember Genser, Holbrook, Mayor Bloom

ABSENT: Councilmember O=Connor

Motion by Mayor Pro Tem 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 EXHIBITION

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 AThe 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.

HR 163 AND S 89

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.

COUNCIL ITEMS:

STATUS OF WOMEN

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.

LANDMARKS COMMISSION

On order of the Mayor, this matter was continued to August 3, 2004.

APPOINTMENTS

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 Tem 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 Tem 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 appointed by the following vote:

Tania Fischer: Councilmembers Genser, Katz, Holbrook, Mayor Pro Tem 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.

BAYSIDE DISTRICT CORPORATION

On order of the Mayor, nominations for the Bayside District Corporation were continued to August 3, 2004.

BUILDING & SAFETY COMMISSION

On order of the Mayor, nominations for the Building and Safety Commission were continued to August 3, 2004.

COMMISSION FOR THE SENIOR COMMUNITY

On order of the Mayor, nominations for the Commission for the Senior Community were continued to August 3, 2004.

DISABILITY COMMISSION

On order of the Mayor, nominations for the Disabilities Commission were continued to August 3, 2004.

PERSONNEL BOARD

On order of the Mayor, nominations for the Personnel Board were continued to August 3, 2004.

PIER RESTORATION CORPORATION

On order of the Mayor, nominations for the Pier Restoration Corporation were continued to August 3, 2004.

RECREATION & PARKS COMMISSION

On order of the Mayor, nominations for the Recreation & Parks Commission were continued to August 3, 2004.

SOCIAL SERVICES COMMISSION

On order of the Mayor, nominations for the Social Services Commission were continued to August 3, 2004.

RESIGNATION

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.

CLOSED SESSIONS

On order of the Mayor, the City Attorney reported the following action taken on Closed Sessions:

2-A: Conference with Legal Counsel B 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 B Existing Litigation: City of Santa Monica v. Baron & Budd, PC, et al., Case No. BC 315 186.

ACTION: Heard. No reportable action taken.

Councilmember Katz was excused at 12:13 a.m.

2-C: Conference with Legal Counsel B 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 B 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 Tem 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 Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmembers O=Connor, Katz

2-E: Conference with Legal Counsel B Existing Litigation: Abraham Supino v. City of Santa Monica, Case No. SC 080283, and related cases.

ACTION: Heard. No reportable action taken.

PUBLIC INPUT:

Members of the public Pro Se, Carlos Giangrasso, James West and Reina Alvarez discussed various municipal issues.

ADJOURNMENT:

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:

Maria M. Stewart Richard Bloom

City Clerk Mayor