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M-2/25/2003 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 25, 2003 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 6:15 p.m., on Tuesday, February 25, 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 (arrived at 8:10 p.m.) Councilmember Robert T. Holbrook (arrived at 7:07 p.m.) Councilmember Herb Katz Councilmember Pam O'Connor 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 6:15 p.m., with Councilmembers Holbrook, Genser and Katz absent. City Attorney Marsha Moutrie 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 Mayor Pro Tern McKeown. seconded by Councilmember Feinstein. 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 O'Connor, Feinstein. Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Holbrook, Katz, Genser NOES: ABSENT: MINUTES Members of the public Joey Fulhner and Pro Se addressed items on the Consent Calendar. I-A: The minutes ofthe January 28,2003, City Council meeting were approved as submitted. February 25,2003 MUNICIPAL POOL CITY INVESTMENT POLICY COMPREHENSIVE FINANCIAL ANNUAL REPORT BBB SERVICE MODIFICATIONS TRAFFIC SAFETY PUBLIC SAFETY FACILITY CLOSED SESSIONS: Councilmember Holbrook arrived at 7:07 p.m. I-B: Modification to contract for Municipal Pool Project - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7591(CCS), with DMR Team, Inc., in the amount of$67,450, for construction management services on the Municipal Pool Project, was approved. l-C: Revision to City Investment Policy, delegation of investment authority, and Resolution No. 9840 entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING ESTABLISHMENT AND USE OF BANK AND BROKERAGE ACCOUNTS AND UPDATE OF LIST OF PERSONS AUTHORIZED TO CONDUCT TRANSACTIONS WITH THE STATE LOCAL AGENCY INVESTMENT FUND," was approved. I-D: Transmittal of City's Comprehensive Annual Financial Report, and recommendation to receive and file, was approved. l-E: Approval of Big Blue Bus Service Modifications - recommendation to authorize reduced service hours for the TIDE Shuttle, from noon to 8:00 p.m., Sunday through Thursday, and from noon to 10:00 p.m., Friday and Saturday, and approve elimination of some early and late trips on Lines 2,5,8, and 9, effective March 9,2003, was approved. I-F: Acceptance of grant funds for traffic safety program - recommendation to accept $90,000 grant award and authorize the City Manager to negotiate, execute Contract No. 8190 (CCS) with the California Office of Traffic Safety for a comprehensive multi-year traffic safety program, and approve proposed budget adjustments, was approved. I-G: Amendment to Contract for Public Safety Facility Project - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7828 (CCS) with J.A. Jones Construction, in the amount of$2,300,000, for increases in the scope ofthe project, was approved. On order of the Mayor, the City Council recessed at 6:24 p.m., to hear closed sessions and reconvened at 7:10 p.m., with Councilmembers Genser and Katz absent, to report the following action taken: 2 February 25, 2003 2-A: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 01CC04331. ACTION Not heard. 2-B: Conference with Legal Counsel- Existing Litigation: Santa Monica Housinl! Council v. Citv of Santa Monica, Case No. SC 074 683. ACTION Not heard. 2-C: Conference with Legal Counsel- Existing Litigation: James and Joan Holidav v. Citv of Santa Monica, Case No. SC 066 986. Motion by Councilmember Holbrook. seconded by Councilmember Feinstein. to approve settlement of$I,050,000, and appropriate $1,000,000 from Account No. 56232.52210. The motion was approved by the following vote: AYES NOES: ABSENT: Councilmembers Feinstein, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Katz, Genser 2-D: Conference with Legal Council- Anticipated Litigation. Number of cases: Eight._ ACTION: Three cases of anticipated litigation were heard. No reportable action was taken on two. As to the third case, the following motion was made: Motion by Councilmember O'Connor. seconded by Mayor Pro Tern McKeo~ regarding the Marlene Bronson claim, to waive the City requirements of the Bay Saver Program so as to allow the sale of her home and escrow to close, that the City will not issue a Certification because the toilets in the home are not in compliance, but will make efforts to get compliance from next owner. The motion was approved by the following vote: AYES NOES: ABSENT: Councilmembers O'Connor, Holbrook, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Genser, Katz 3 February 25, 2003 ADMIN. PROCEEDINGS: 6-A: Appeal of denial of Conditional Use Permit to allow 1719 OCEAN FRONT construction ofa condominium project at 1719 Ocean Front Walk- WALK recommendation to uphold appeal of the Planning commission's denial of Conditional Use Permit to allow construction of a two-story, five- condominium project at 1719 Ocean Front Walk approve CUP 02-017 to allow a one-year extension of CUP 99-006 and to amend condition of approval number 38 associated with the prior entitlement, based upon the following findings and subject to the conditions proposed in the staff report, was presented. ORDINANCES: SUNSET P ARK/NORTH OF WILSHIRE Sharon Gilpin, representing the applicant/appellant, spoke in support of the project. There was no one else present for public comment. Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to uphold appeal and extend the CUP for one year from tonight's date. The motion was approved by the following vote: AYES: Councilmembers Feinstein, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Katz, Genser NOES: ABSENT: 7-A: Second reading and adoption of an Interim Ordinance No. 2066 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA MODIFYING DEVELOPMENT STANDARDS FOR PARCELS IN THE R-l DISTRICTS LOCATED IN THE SUNSET PARK AND NORTH OF WILSHIRE NEIGHBORHOODS," was presented. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Feinstein. to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Genser, Katz NOES: ABSENT: 4 February 25, 2003 INTERIM ORDINANCE 7-B: Interim ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING AN ORDINANCE ESTABLISHING DEVELOPMENT STANDARDS FOR PARCELS IN THE R-I DISTRICTS LOCATED IN THE SUNSET PARK AND NORTH OF WILSIDRE NEIGHBORHOODS," was presented. Members of the public John Smith, Lise Matthews, Dale Goldsmith, Marc Evans and Jessica Evans discussed applicability of ordinance to on-going projects and regarding possible exemptions. Motion by Mayor Pro Tern McKeown. seconded by Corincilmember Feinstem, to introduce ordinance for first reading, reading by title only and waiving further reading thereof, and amended to include language for an exception to read under Section 2 of the ordinance: "City staff is directed to disapprove all building applications filed after February 24,2003, or for which applications for variances or other discretionary approvals are deemed complete after February 24, 2003, for any residential development in the . . ." The motion was approved by the following vote: AYES: Councilmembers Feinstein, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Genser, Katz NOES: ABSENT: C3 DOWNTOWN COMMERCIAL STANDARDS 7-C: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE MUNICIPAL CODE RELATING TO PROPERTY DEVELOPMENT STANDARDS IN THE C3 DOWNTOWN COMMERCIAL ZONING DISTRICT," was presented. There was no one present for public comment. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Feinstein, to introduce ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Feinstein, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Genser, Katz NOES: ABSENT: 5 February 25,2003 STAFF ITEMS: SPECIAL JOINT MEETING MID-YEAR BUDGET CHANGES Councilmember Genser arrived at 8: lOp. m. On order of the Mayor, the regular City Council meeting recessed and reconvened to ajoint meeting of the City Council, the Housing Authority, the Parking Authority and the Redevelopment Agency at 8:00 p.m., with Councilmembers Genser and Katz absent. SPECIAL JOINT MEETING OF THE CITY COUNCIL. THE HOUSING AUTHORITY. THE PARKING AUTHORITY. AND THE REDEVELOP- MENT AGENCY: 8-A: Recommendation to conduct FY 2002-03 Mid-Year Budget Review, approve associated budget changes; adopt Resolution No. 9837 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA INCREASING PARKING METER RATES" and Resolution No. 239 (PAS) entitled: "AN ORDINANCE OF THE SANTA MONICA PARKING AUTHORITY INCREASING PARKING METER RATES"; introduce and hold first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING VARIOUS PARKING METER ZONES"; adopt Resolution No. 9838 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA MODIFYING VARIOUS PLANNING FEES AND AMENDING THE MUNICIPAL CODE"; adopt Resolution No. 9839 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING VARIOUS CLASSIFICATIONS AND SALARY RATES"; and approve in concept increased parking citation fines and penalties, was presented. Members of the public Patricia Hoffinan, John Deasy, Cheri Orgel, Harry Keiley, and Nat Trives spoke in support of funding for the School District. Member ofthe public Tom Carter addressed various concerns. Motion bv Councilmember Genser. seconded by Councilmember Feinstein, to approve the proposed budget changes. The motion was approved by the following vote: AYES: Councilmembers Feinstein, Genser, Holbrook, .O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz NOES: ABSENT: 6 Febmary 25, 2003 ADJOURNMENT OF SPECIAL JOINT MEETING SPECIAL JOINT MEETING: 5- YEAR IMPLEMENTA- TION PLAN FOR mE REDEVELOPMENT AGENCY Motion byCouncilmember Genser. seconded by Councilmember O'Connor, tl adopt Resolution Nos. 9837,9838, and 9839 (CCS), reading by title only anI waiving further reading thereof, amending Resolution No. 9838 (CCS) tl change the recommended appeal fee from the recommended $465 to $200 The motion was approved by the following vote: AYES. Councilmembers O'Connor, Holbrook, Genser, Feinstein Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz NOES: ABSENT: Motion by Councilmember Genser. seconded by Councilmember O'Connor, t( introduce and hold first reading of the proposed ordinance, reading by title on!: and waiving further reading thereof. The motion was approved by tht following vote: AYES: Councilmembers Feinstein, Genser, Holbrook, O'Connor Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz NOES: ABSENT: Motion by Councilmember Feinstein. seconded by Councilmember Genser, t( conceptually approve parking citation fine and penalty increases. The motiol was approved by the following vote: AYES Councilmembers O'Connor, Holbrook, Genser, Feinstein Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz NOES: ABSENT: On order of the Mayor, the special joint meeting of the City Council, Housinf Authority, Parking Authority and Redevelopment Agency adjourned at 9:1: p.rn., and reconvened to a special joint meeting of the City Council and tht Redevelopment Agency. 8-B: Public Hearing for Midterm Report for the Five-yeal Implementation Plan forthe Redevelopment Agency and recommendatiol1 to receive and file, was presented. There was no one present for public comment. 7 February 25,2003 ADJOURNMENT OF SPECIAL JOINT MEETING Motion by Councilmember Holbrook. seconded by Councilmernber Feinstem, to receive and file report. The motion was approved by the following vote: AYES: Councilmernbers O'Connor, Holbrook, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz NOES: ABSENT: On order ofthe Mayor the Special Joint Meeting was adjourned at 9:23, and the regular City Council meeting reconvened with Councilmember Katz absent. REPORTS OF BOARDS to-A: Request From Disabilities Commission that the City Council adopt AND COMMISSIONS: Resolution No. 9835 (CCS) entitled: "A RESOLUTION OF THE CITY OF BARDEN v. SANTA MONICA REFUSING TO SUPPORT THE CITY OF CITY OF SACRAMENTO SACRAMENTO'S POSITION IN THE CASE OF BARDEN v. CITY OF SACRAMENTO," was presented. RESOLUTIONS: PREFERENTIAL PARKING ZONES There was no one present for public comment. Motion bv Mavor Pro Tern McKeown. seconded by Councilmernber Genser, to adopt resolution, reading by title only and waiving further reading thereof, write a letter to the League of Cities expressing the City's support for disabilities issues. The motion was approved by the following vote: AYES: Councilmembers Feinstein, Genser, O'Connor, Mayor Pro Tern McKeown Mayor Bloom Councilmember Holbrook Councilmember Katz NOES: ABSTAIN: ABSENT: Mayor Bloom stated, for the record, that he voted against the motion because there was a better way to state the sense ofthe Council and the City of Santa Monica and for reasons stated earlier. II-A: Resolution No. 9836 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ENLARGING PREFERENTIAL PARKING ZONE K TO INCLUDE 17TH, 18TH, AND 19TH STREETS BETWEEN WILSHIRE AND WASHINGTON, AND CALIFORNIA AND WASHINGTON BETWEEN 17TH AND 20TH STREET; CREATING PREFERENTIAL PARKING ZONE 0 INCLUDING LINCOLN BOULEVARD, 9TH, 10TH, 11TH, 12TH EUCLID, 14TH, 15TH AND 16TH 8 February 25,2003 ~ WRITTEN COMMUNICATIONS: PARKING PERMITS VENDORS' LICENSES STREETS BETWEEN WILSHIRE AND CALIFORNIA, AND CALIFORNIA BETWEEN LINCOLN AND 17TH STREET; ELIMINATING PREfERENTIAL PARKING ZONES K-l AND U; AND, AMENDING RESOLUTION NO. 9344 (CCS)," was presented. Members of the public Ed Evertsen, Patricia Campbell, and Ron Yerxa spoke in opposition to the proposal. Members of the public Tom Carter and Juanita Ardavany spoke in support of the proposal. Motion by Councilmember Genser. seconded by Mayor Pro Tern McKeo~ to adopt resolution, reading by title only and waiving further reading thereof, amended to change 10th and 11 th street restrictions on Sundays be from 1 :00 p.m. to 2:00 a.m., and shift at 6:00 p.m., (as recommended by staft) to no parking without permits. The motion was approved by the following vote: AYES. Councilmembers Holbrook, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmember O'Connor Councilmember Katz NOES: ABSENT: 12-A: Request of Bemadette Scully to address Council regarding distribution of parking permits and requesting an amendment to requirement that a vehicle registration address must match the owner's residential address, was presented. There was no one present for public comment There was no formal action taken. Staff was directed to look at possible options and inform Council. 12-B: Request of Joy Glatt to address Council requesting a vendor's license for the southeast comer of 4th Street and Santa Monica Boulevard, was presented. There was no one present for public comment Motion by Councilmember Genser. seconded by Mayor Pro Tern McKeown, to direct staff to accelerate the draft recommendations for vending on the sites allowed in the Municipal Code, considering the issues raised at this meeting and during the last few years, and return to Council. The motion was unanimously approved by voice vote, with Councilmember Katz absent. 9 ~ebruary 25,2003 COUNCIL ITEMS: BUILDING & SAFETY COMMISSION COMMISSION ON OLDER AMERICANS WESTSIDE CITIES REGIONAL COUNCIL PUBLIC INPUT: ADJOURNMENT: 13-A: Appointment to one vacancy on the Accessibility Appeals Board ofthe Building and Safety Commission, for a term ending June 30,2005. On order ofthe Mayor, this matter was continued to March 11,2003. 13-B: 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 March 11,2003. 13-C: Appointment to one annual vacancy on the Commission on Older Americans for a term ending June 30,2006, due to a previous appointee's withdrawal from the position. On order of the Mayor, this matter was continued to March 11,2003. 13-D: Request of Mayor Bloom to support Councilmember O'Connor's re-election as the Westside Cities Regional Council Representative to the Southern California Association of Governments. Motion by Mayor Bloom. seconded by Councilmember Feinstem, to approve request. The motion was unanimously approved by voice vote, with Councilmember Katz absent. Member of the public Art Casillas addressed various issues. Member of the public Pam Vavra expressed concerns regarding outreach for the upcoming special election. On order of the Mayor, the City Council meeting was adjourned at 12:15 a.m., in memory of Judge Joseph W. Chandler. ATTEST: ~\u.~~ Maria M. Stewart I City Clerk ljOVED: ~'f::- Mayor 10 February 25, 2003 ~