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M-2/11/2003 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 11, 2003 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50 p.rn., on Tuesday, February 11,2003, 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 (arrived at 7:00 p.rn.) Councilmember Herb Katz (arrived at 6:00 p.rn.) Councilmember Pam O'Connor (arrived at 7:00 p.rn.) Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order ofthe Mayor, the City Council convened at 5:50 p.m., with Councilmembers Holbrook, Katz, and O'Connor absent. Assistant City Attorney Joe Lawrence 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 Mayor Pro Tern McKeo~ to approve all items on the Consent Calendar with the minutes of December 17 and January 14 as amended to typographical errors, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Feinstein, Genser, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Holbrook, Katz, O'Connor NOES: ABSENT: MINUTES I-A: Approval of minutes of the December 17,2002, January 9, and January 14,2003, City Council meetings, were approved. I-B: Appropriation of California Law Enforcement Equipment 1 February 11,2003 CLEEP GRANT FUNDS ENVIRONMENTAL EDUCATIONAL SERVICES BUS ADVERTISING CONCESSION BIG BLUE BUS RADIO FREQUENCY Co unci/member Katz arrived at 6:00 p.m. CLOSED SESSIONS: Counci/members Holbrook and 0 'Connor arrived at 7:00 p.m. Program (CLEEP) Grant funds - recommendation that Council appropriate the 2002 CLEEP allocation of $29,557 and designate fund use for purchase of Cal Photo system licenses and equipment, was approved. l-C: Education and outreach services regarding environmental protection and support of operation of Ocean Discovery Center - recommendation to authorize the City Manager to negotiate and execute Contract No. 8187 (CCS) with Baykeeper and Contract No. 8188 (CCS) with Heal the Bay to provide outreach and educational services to Santa Monica students and support operation of the Ocean Discovery Center at the Santa Monica Pier, was approved. I-D: Recommendation for the City Council to reject all responses received for Transit Bus advertising concession and direct staff to re- issue a modified Request for Proposals, was approved. l-E: Purchase of dispatch radio frequency for the Big Blue Bus- recommendation to authorize the City Manager to negotiate and execute Contract No. 8189 (CCS) with Mobile Relay Associates, in the amount of $302,100, to purchase the radio frequency, was approved. On order of the Mayor, the City Council recessed at 5:55 p.m, to hear closed sessions with Councilmembers Katz, Holbrook, and O'Connor absent. On order of the Mayor, the City Council returned at 6:57 p.m, to report the following action: 2-A: Conference with Legal Counsel- Existing Litigation: Anthony Maxwell v. City of Santa Monica, Case No. BC 268 069. Motion bv Councilmember Feinstein. seconded bv Councilmember Katz, to approve settlement in the amount of $67,500. The motion was approved by the following vote: AYES: Councilmembers Feinstein, Katz, Genser, Mayor Pro Tern McKeown, Mayor Bloom None Councilmernbers O'Connor Holbrook None NOES: ABSTAIN: ABSENT: 2 February 11, 2003 - SPECIAL AGENDA ITEMS: 2-B: Conference with Legal Counsel- Existing Litigation: Citv of Santa Monica v. Shell Oil Company, Case No. 01 CC04331. ACTION: Not Heard, 2-C: Conference with Legal Counsel- Existing Litigation: Santa Monica Housine: Council v. City of Santa Monica, Case No. SC 074 683. ACTION: Not Heard. 2-D: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Six. ACTION: Four cases heard. No reportable action taken. 4-A: The Santa Monica A YSO Girls Under 12 for winning the 2002 League Championship, were recognized and a commendation oftheir performance was issued. ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2064 (CCS) LANDMARKSIHISTORIC entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA DISTRICTS AMENDING THE CITY'S LANDMARKS AND HISTORIC DISTRICTS ORDINANCE TO CLARIFY LANDMARK COMMISSION'S JURISDICTION AND THE STANDARD FOR REVIEWING CERTIFICATES OF APPROPRIATENESS, TO MAKE PROCEDURAL CHANGES TO THE PROCESS FOR REVIEWING LANDMARK AND HISTORIC DISTRICT APPLICATIONS, TO MODIFY THE PROCESS FOR DESIGNATING A STRUCTURE OF MERIT, AND TO PROVIDE ADDITIONAL INCENTIVES FOR DESIGNATED HISTORIC PROPERTIES," was presented. Motion bv Mavor 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 Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: 3 February 11,2003 DISTRIBUTION OF 7-B: Introduction and adoption of Ordinance No. 2065 (CCS) NEWSLETTERS DURING entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ELECTIONS AMENDING CHAPTER 11 OF THE MUNICIPAL CODE RELATING TO THE DISTRIBUTION OF NEWSLETTERS DURING CAMPAIGNS AND DECLARING THE PRESENCE OF AN EMERGENCY." was presented. There was no one present for public comment. Motion by Councilmember Holbrook. seconded by Councilmember Katz, to introduce and adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: Motion by Councilmember Feinstein. seconded by Councilmember Katz, to direct staff to return with an amendment to the ordinance to allow the printing ofthe date of any future special election in the City's newsletter. The motion was unanimously approved by voice vote, with all members present. STAFF ADMIN. ITEMS: SUSTAINABLE CITY PLAN 8-A: Adoption of the Santa Monica Sustainable City Plan and consideration of governance structure, was presented. Members ofthe public Joey Fullmer, Sandy Grant, Barbara Filet, Robert Curtis and David Musser spoke in favor of the Plan. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser, to adopt the plan as the City's statement of its goals and aspirations. The motion was approved by the following vote: AYES Councilmembers Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: Motion by Councilmember Feinstein. seconded by Councilmember Genser, to direct staff to return with more information and elaboration oflegal issues of different types of advisory and non-advisory entities, how a Sustainable City governance structure fits in with existing advisory bodies, and with the 4 February 11, 2003 mm SMOKE FJU:E PARKS WRITTEN COMMUNICATIONS: PARKING PERMITS COUNCIL ITEMS: OUTDOOR SEATING IN RESTAURANTS financial implications of such an entity. The motion was unanimously approved by voice vote, with all members present. 8-B: Proposed "Smoke Free Parks" Policy and Direction to staff to prepare necessary ordinance and resolution changes, was presented. The following members of the public spoke in support of the proposal: Brim Hutchings, Lisa Fu, Taryn Fordes, Dylan Kahla, Robert Berger, Lou Moench, Lori Kaplan, Kimberly Ta, Neil Carrey, Robert Dowin, Steven Gallegos, Jerry Rubin, and Lauren Metzner. Member of the public Joey Fullmer expressed various concerns. Motion bv Councilmember Holbrook. seconded bv Councilmember Feinsteir to direct staff to prepare necessary ordinance and resolution changes to mak it illegal to smoke within a park's boundaries. The motion was approved by th following vote: AYES: Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom Councilmember O'Connor None NOES: ABSENT: Councilmember O'Connor stated, for the record, that she voted in opposition because existing State law adequately addresses the issue, 12-A: Request of Bernadette Scully to address Council regarding distribution of parking permits and requesting an amendment to requirement that a vehicle registration address must match the owner', residential address. On order of the Mayor, this matter was continued to February 25,2003, at Ms. Scully's request. 13-A: Request ofCouncilmembers Feinstein and O'Connor to review, and potentially modify, city policies related to outdoor restaurant seating and outdoor merchandise, displays and signs. The following members of the public spoke in support ofthe request: Gary Gordon, Mark Grunning, Dennis Allord, Judy Abdo, Jane Walker, Jerry Rubin, Joe Pipersky, and A. Holcomb. Member ofthe public Kelly Olsen spoke in opposition to reviewing signs an< outdoor merchandise and displays. 5 February 11,2003 Considerable discussion ensued regarding existing standards, the need to modify them, and the impact of possible modifications. Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to direct staff to prepare an interim ordinance with recommendations effective through summer of2004 regarding a reasonable number of outdoor dining, landscaping, and street furniture for Main Street, Montana Avenue, Lincoln Boulevard and Third Street Promenade taking into account public safety, aesthetics, ADA requirements and pedestrian friendly design and taking into account the differences in physical dimensions and community preferences for each street and seeking one-time input from the Bayside District Corporation, the Disabilities Commission and any other relevant bodies as necessary and to bring it back to Council soon enough for the ordinance to go into effect before the summer. The motion was unanimously approved by voice vote, with all members present. Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to direct staff to prepare an interim ordinance with recommendations effective through summer of2004 regarding merchandise and signage for Main Street, Montana Avenue, Lincoln Boulevard and Third Street Promenade taking into account public safety, aesthetics, ADA requirements and pedestrian friendly design and taking into account the differences in physical dimensions and community preferences for each street and seeking one-time input fun the Bayside District Corporation, the Disabilities Commission and any other relevant bodies as necessary and to bring it back to Council soon enough for the ordinance to go into effect before the summer. The motion failed by the following vote: AYES: NOES: ABSENT: Councilmembers O'Connor, Holbrook, Feinstein Councilmembers Genser, Katz, Mayor Pro Tern McKeown, Mayor Bloom None Motion by Councilmember Feinstein. seconded by Councilmember Katz, to direct staff to return with information on how other cities are handling their ordinances regarding merchandise and signage on their commercial corridors and return at the same time as the ordinance approved earlier returns to Council. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, Katz, Feinstein, Mayor Pro Tern McKeown Councilmember Genser, Mayor Bloom None NOES: ABSENT: 6 February 11, 2003 lIlll!!ll!II USA PATRIOT ACT 13-B: Request of Mayor Pro Tem McKeown and Councilmember Genser that in response to the USA Patriot Act the Council adopt Resolution No. 9832 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AFFIRMING SANTA MONICA'S COMMITMENl TO CIVIL LIBERTIES AND SUPPORTING UNABROGATED CITY PROTECTION FOR CONS!lTUTIONAL RIGHTS," was presented. The following members ofthe public spoke in support of the request: Jan Goodman, Patricia Hoffinan, Terry Schiller, Hillary Kay, Bruce Campbell, Tanna Moontaro, Sally Marr, and Peter Dudar. Member of the public Mike Gruning spoke in opposition to the request. Motion by Mayor Pro Tern McKeown.. seconded by Councilmember Genser, to adopt resolution, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tem McKeown, Mayor Bloom None None NOES: ABSENT: SAME-SEX MARRIAGES 13-C: Request of Mayor Bloom, Mayor Pro Tem McKeown and Councilmember O'Connor that the Council adopt Resolution No. 9833 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA URGING THE FULL LEGAL RECOGNITION OF SAME-SEX MARRIAGES UNDER CALIFORNIA LAW," was presented. The following members ofthe public spoke in support of the request: Bonni€ Johnstone, L. J. Carusone, Terence McFodden, Reverend Ernest Pipes, Kris Langabeer, and Devin Donner. Motion by Mayor Pro Tern McKeown.. seconded by Councilmember O'Connor, 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, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: 7 February 1,2003 ACCESSmILITY APPEALS BOARD COMMISSION ON OLDER AMERICANS IRAQ 13-D: Appointment to one special vacancy on the Accessibility Appeals Board of the Building and Safety Commission, for a term ending June 30, 2005. On order ofthe Mayor, this matter was continued to February 25, 2003. 13-E: Appointment to one special vacancy on the Commission on Older Americans for a term ending June 30, 2003. On order of the Mayor, this matter was continued to February 25,2003. 13-F: Request of Mayor Pro Tem McKeown that the Council go on record opposing possible war with Iraq because of numerous negative local impacts. The following members of the public spoke in support of the request: Jan Goodman, Patricia Hoffinan, Jay Johnson, John Seeley, Ron Kovic, Terry Manpearl, Martin Blank, Tilla Kuenzli, Iris De La 0, Max Goldste~ Moises Castillo, Mollie Feilich, Sally Sachs; Daniel Bald, Veronica Maier, Ashton Slater, Russell Sadeghpow, Matt Lord, Harley Rother, Linda Piera- Avila, Jerry Rubin, Kathy McTaggart, Cris Gutierrez, Bonnie Johnstone, Maricela Guzman, Fred Durlesser, Randy Ziglar, Hillary Kaye, Terry Schiller, Bruce Campbell, Judy Abdo, Tanna Moontaro, Sally Marr, Peter Dudar, Myla Reson, Josefina Santiago Aranda, Chris Harding, Sandie Richards, Jim Conn, A.M. Man, Denny Zane, and Dav Henrickson. Member of the pubic Mike Gruning spoke in opposition to the request. Motion bv Mayor Pro Tern McKeown. seconded by Councilmember O'Connor, to adopt Resolution No. 9834 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA OPPOSING UNITED STATES PREEMPTIVE MILITARY ACTION AGAINST IRAQ," reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES Councilmembers Feinstein, Katz, Genser, Mayor Pro Tern McKeown, Mayor Bloom Councilmembers Holbrook, O'Connor NOES: 8 - February 11, 2003 PUBLIC INPUT: There was no one present for public comment. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 1:04 a.m., in memory ofllan Ramon, Rick Husband, Laurel Blair Salton Clark, William C. McCool, David Brown, Kalpana Chawla, and Michael P. Anderson, the crew of the Space Shuttle Columbia, and in memory of Reverend Ronald Williams. AT~T: .. ~~..~. Maria M. Stew~ City Clerk APPROVED: D?A-- U Richard Bloom Mayor 9 February ,2003