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: Mayor Richard Bloom
Mayor
Pro Tem 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.)
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 5:45 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
Councilmember Katz
arrived at 5:50 p.m.
Councilmember Feinstein
arrived at 5:54 p.m.
CLOSED SESSIONS: On order of the Mayor, the City Council
recessed at 5:46 p.m., to hear closed
sessions and returned at 6:55 p.m., with Councilmember O=Connor absent to report the following action taken:
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 B Existing Litigation:
Abraham Supino v. City of Santa Monica, Case No. SC 080 283, and
related cases.
ACTION: Not heard.
2-C: 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.
2-D: Conference with Legal Counsel B 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 B 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 Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
O=Connor
2-F: Conference with Legal Counsel B Anticipated Litigation.
Number of cases: Two.
ACTION: Not heard.
2-G: Conference with Legal Counsel B Anticipated Litigation: City of Santa Monica v. Shell Oil Co.,
Case No. 01CC4331.
ACTION: Not heard.
ORDINANCES:
DOWNTOWN VALET PARKING
7-A: Second reading and adoption of Ordinance No. 2132 (CCS)
entitled: A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFSANTA
MONICA DELETING SANTA MONICA MUNICIPAL CODE SECTION 6.12.150 RELATING TO DOWNTOWN
VALET PARKING,@ 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
Feinstein, Katz, Genser, Holbrook, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
O=Connor
DEVELOPMENT STANDARDS
ALONG MONTANA AVENUE
7-B: Second reading and adoption of Ordinance No. 2133 (CCS)
entitled: A 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
MONTANA AVENUE,@ was presented.
Motion by Mayor Pro Tem
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 Tem McKeown, Mayor Blo
NOES: None
ABSENT: Councilmember
O=Connor
PROHIBIT GOLFING IN CITY
PARKS
7-C: Second reading and adoption of Ordinance No. 2134 (CCS)
entitled: AAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFSANTA
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 Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
O=Connor
CAMPAIGN FINANCE
REPORTING
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 by Mayor Pro Tem
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 Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
O=Connor
SUBSTANTIAL REMODEL
REQUIREMENTS
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.
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 Adamage@ 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: Councilmembers
Feinstein, Katz, Holbrook
NOES: Councilmember
Genser, Mayor Pro Tem McKeown, Mayor Bloom
ABSENT: Councilmember
O=Connor
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
NOES: None
ABSENT: Councilmember
O=Connor
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 Awithout the property owner/occupant=s permission@ in the first paragraph; page 9, subsection
4.04.390(A) to read, ANo person shall feed 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, ANo 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
NOES: Councilmember
Holbrook
ABSENT: Councilmember
O=Connor
STAFF ADMINISTRATIVE
ITEMS
PARTNERSHIP WITH S.M.
COLLEGE
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.
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 O=Connor absent.
TRANSIENT OCCUPANCY TAX
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 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 ANALYSIS OF THE MEASURE.@ 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
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: Councilmembers
Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: 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: Councilmembers
Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
O=Connor
WRITTEN COMMUNICATIONS
HIROSHIMA NAGASAKI A-BOMB
EXHIBITION
12-A: 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, was presented.
Members of the public Jerome
Schnitzer, Tonia Young and Eric Vollmer spoke in support of the request.
Motion by 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.
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 Tem
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
NOES: Councilmember
Holbrook
ABSTAIN: Mayor
Bloom
ABSENT: Councilmember
O=Connor
COUNCILMEMBER
DISCUSSION ITEMS
13-A: Annual and special vacancy appointments to the following boards
and commissions:
AIRPORT COMMISSION
On order of the Mayor,
appointments to the Airport Commission were continued to September 14, 2004.
BAYSIDE DISTRICT
CORPORATION
On order of the Mayor,
appointments to the Bayside District Corporation were continued to August 10,
1004.
BUILDING AND SAFETY
COMMISSION
On order of the Mayor, the
floor was opened for nominations:
Councilmember Katz nominated Yong 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 THE SENIOR
COMMUNITY
On order of the Mayor,
appointments to the Commission for the Senior
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.
DISABILITIES COMMISSION
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.
LANDMARKS COMMISSION
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.
PERSONNEL BOARD
On order of the Mayor,
appointments to the Personnel Board were continued to September 14, 2004.
PIER RESTORATION
CORPORATION
On order of the Mayor,
appointments to the Pier Restoration Corporation were continued to September
14, 2004.
RECREATION & PARKS
COMMISSION
On order of the Mayor, the
floor was opened for nominations.
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.
SOCIAL SERVICES
COMMISSION
On order of the Mayor, the
floor was opened for nominations for two terms 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.
SB 1160
13-B: Request of Mayor Pro Tem 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.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Feinstein, to approve the request. The
motion was approved by the following vote:
AYES: Councilmembers
Holbrook, Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember
Katz
ABSENT: Councilmember
O=Connor
PUBLIC INPUT
No one was present for
public comment.
ADJOURNMENT:
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: APPROVED:
Maria
M. Stewart Richard Bloom
City Clerk Mayor