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M-6/24/2003 CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 24, 2003 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tempore McKeown at 5:47 p.m., on Tuesday, June 24,2003, at City Council Chambers, 1685 Main Street Roll Call Present Mayor Richard Bloom (arrived at 9:30 p.m.) Mayor Pro Tern Kevin McKeown Councilmember Michael Feinstein Councilmember Ken Genser (arrived at 5:50 p.m.) Councilmember Robert T. Holbrook (arrived at 6:00 p.m.) Councilmember Herb Katz Councilmember Pam 0' Connor Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie Assistant City Clerk Beth Sanchez CONVENEIPLEDGE Council member Censer arrived at 5:50 p.m. CONSENT CALENDAR: On order of the Mayor Pro Tempore, the City Council convened at 5:47 p.m., with Councilmembers Genser, Holbrook and Mayor Bloom absent. Susan Munves, Energy & Green Building Program Coordinator, led the assemblage in the Pledge of Allegiance. Motion by Councilmember Feinstein.. seconded by Councilmember Katz, to continue the Board and Commission appointments (Item 13-A) to July 8, 2003. The request was unanimously approved by voice vote, with Councilmembers Genser, Holbrook, and Mayor Bloom, absent. Motion by Councilmember Feinstein. seconded by Councilmember Genser, to re-order the agenda when Council returns from Closed Session, to hear Item 4-B, Item 4-A, and then Item 3-A. The request was unanimously approved by voice vote, with Councilmember Holbrook and Mayor Bloom, absent. All items were considered and approved in one motion unless removed by a Councilmember for discussion. June 24, 2003 Member of the public Joey Fullmer addressed issues related to the Consent Calendar. At the request of Council member Feinstein, Item IB was removed from the Consent Calendar. At the request of Councilmember Katz, Item 1 C was removed from the Consent Calendar. Motion by Mayor Pro Tempore McKeown. duly seconded, to approve all items on the Consent Calendar as presented except IB and 1 C, reading resolutions and ordinances by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor Pro Tempore McKeown None Councilmember Holbrook, Mayor Bloom NOES: ABSENT: 1540 2nd STREET (McDONALD'S) I-A Recommendation to approve Statement of Official Action taken for commercial development project located at 1540 2nd Street (McDonald's), was approved. EMPLOYER PAID MEMBER CONTRIBUTIONS I-D: Resolution Numbers 9866(CCS) and 9867(CCS) entitled: "A RESOLUTION FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS (Firefighters)" and "A RESOLUTION FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS (Miscellaneous Members)", were adopted. RENEWABLE I-B: Purchase of Renewable Electricity for City Facilities- ELECTRICITY FOR CITY recommendation to authorize the City Manager to execute an amendment to FACILITIES existing contract with ElectricAmerica ("Commonwealth Energy") for the purchase of renewable energy for City facilities, under the terms proposed in the report, was presented. Councilmember Feinstein stated he removed this item from the Consent Calendar so that he could highlight the success of our renewable energy program. Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to approve staff recommendation. The motion was approved by the following vote: 2 June 24,2003 1685 MAIN STREET CLOSED SESSIONS: Councilmember Holbrook arrived at 6:00 p.m. AYES: Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor Pro Tempore McKeown None. Councilmember Holbrook, Mayor Bloom NOES: ABSENT l-C: Recommendation to approve Statement of Official Action taken on Civic Center Parking Structure, located at 1685 Main Street, was presented. Councilmember Katz stated that he pulled this item because he is going to oppose it consistent with his reasons for opposition when the item was presented previously. Motion by Councilmember O'Connor. seconded by Councilmember Feinstein, to approve staff recommendation and correct the spelling of Councilmember Katz' name on page 13 of the Statement of Official Action. The motion was approved by the following vote: AYES Councilmembers O'Connor, Genser, Feinstein, and Mayor Pro Tempore McKeown Councilmember Katz Councilmember Holbrook, Mayor Bloom NOES: ABSENT: On order of the Mayor Pro Tempore, the City Council recessed at 6:00 p.m., to hear closed sessions and reconvened at 6:52 p.m., with Mayor Bloom absent. At the request of the Mayor Pro Tempore, the report on closed sessions to be held later in the meeting. STUDY SESSION: 3-A: Discussion on Consolidation of Off-Site City Offices to Civic CONSOLIDATION OF Center Sites Including Former RAND Property Across From City Hall OFF-SITE CITY OFFICES and the Existing Police Building. SPECIAL ITEMS: COMMENDATION On order of the Mayor Pro Tempore, the information received during the study session was received and filed. 4-A: Commendation to Linda Gordon for her commitment and invaluable contribution to children, families and early childhood education in Santa Monica. Members of the public Betsy Hiteshaw and Ida Bucher spoke in appreciation of Linda Gordon's commitment to infants and toddlers. 3 June 24,2003 STATE'S BUDGET ORDINANCES: SIDEWALK CAFES The Mayor Pro Tempore commended Linda Gordon in recognition of her commitment to children, families and early childhood education.. 4-B: Presentation and request by State legislator for Council to adopt Resolution Number 9868(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA URGING THE CALIFORNIA LEGISLATURE TO USE A BALANCED APPROACH IN ADOPTING THE STATE BUDGET", was presented by Assemblymember Fran Pavley. Member of the public Joey Fullmer expressed her concerns. Motion by Councilmember O'Connor. seconded by Councilmember Katz, to adopt the resolution, reading by title only and waiving further reading thereof Motion to amend by Mayor Pro Tempore McKeown. seconded by Councilmember Katz. to insert the words "Because of the current partisan gridlock" after Section 1, Short-term Borrowing. The motion was accepted as friendly. The resolution, as amended, was adopted by the following vote: AYES Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tempore McKeown None Mayor Bloom NOES: ABSENT 7-A: Second reading and adoption of interim Ordinance Number 2083(CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ALLOWING ADMINISTRATIVE APPROVAL OF SIDEWALK CAFES AND WAIVING THE PARKING REQUIREMENT FOR SIDEWALK CAFES OF A SPECIFIED SIZE", was presented. Motion by Councilmember Genser. 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 Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tempore McKeown None Mayor Bloom NOES: ABSENT 4 June 24, 2003 PARKING AND PARKING7-B: Second reading and adoption of Ordinance No. 2084(CCS) VIOLA nONS entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS OF THE SANTA MONICA MUNICIPAL CODE AND ADDING SECTION 3.08.120 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO PARKING AND ADDING CHAPTER 3.02 TO THE MUNICIPAL CODE TO ESTABLISH CIVIL PENALTIES FOR PARKING VIOLATIONS", and, adoption of Resolution No. 9869(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING CIVIL PENALTIES FOR PARKING VIOLATIONS AND FOR THE LATE PAYMENT OF PENALTIES", were presented. PREFERENTIAL PARKING PERMITS - mSTORIC LANDMARK STRUCTURES Motion bv Councilmember Feinstein. seconded by Councilmember Genser, to adopt the ordinance and the resolution, reading by titles only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers O'Connor, Genser, Katz, Feinstein, Mayor Pro Tempore McKeown Councilmember Holbrook Mayor Bloom NOES: ABSENT: 7-C: Introduction and first reading of an ordinance amending the Municipal Code to allow issuance of a limited number of preferential parking permits to commercial uses located in city-designated historic landmark structures which provide overnight accommodations and which are located in residentially zoned property, was presented. Member of the public Sean Milliken spoke in support of the ordinance and landmark structures. Motion by Councilmember GenseL seconded bv Councilmember Katz, to introduce and hold first reading of the 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 Tempore McKeown None Mayor Bloom NOES: ABSENT INTERIM ORDINANCES 7-D: Introduction and first reading of an ordinance amending Section 9.04.20.16.060 of the Municipal Code relating to the amount of time initial interim ordinances may remain in effect, was presented. 5 June 24, 2003 Motion by Councilmember Genser. seconded by Councilmember Feinstein, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES NOES: ABSENT Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tempore McKeown None Mayor Bloom COMMISSION FOR THE 7-E: Introduction and first reading of an ordinance amending SENIOR COMMUNITY Chapter 2.48 of the Municipal Code to change the name of Commission on Older Americans to the Commission for the Senior Community, was presented. Member of the public Jerry Rubin spoke in support of the recommendation. Motion by Councilmember Genser. seconded by Councilmember Katz, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES NOES: ABSENT Councilmembers Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tempore McKeown None Mayor Bloom 7-F: Introduction and first reading of an ordinance extending initial interim ordinance allowing administrative approval of sidewalk cafes and waiving the parking requirement for sidewalk cafes of a specified size, was presented. SIDEWALK CAFES Motion by Councilmember Katz. seconded by Councilmember Feinstein, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: NOES: ABSENT Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tempore McKeown None Mayor Bloom 6 June 24,2003 RECESS: Mayor Bloom arrived at 9:30 p.m. RESOLUTIONS: PREFERENTIAL PARKING ZONES On order of the Mayor Pro Tern, the City Council recessed at 9: 15 p.m., and returned at 9:35 p.m., with all members present. II-A: Adoption of Resolution No. 9870(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING PREFERENTIAL PARKING ZONE G, ELIMINATING PREFERENTIAL PARKING ZONES 2, CC AND JJ, AND AMENDING RESOLUTION 9344 "PREFERENTIAL PARKING ZONES" BY REPLACING EXHIBIT A ", was presented. Members of the public Bruce Ashton, Barbara Ashton, Carol Sherman, Menasche Nass, Wally Snyder, Laurie Snyder, Lily Houston, Richard Doyon, Judith Hartman, Bill Weiner, Bill Bauer, Shelly Siegel, Eric Buskirk, William Gurfield, Tony Stenge, and Mary Jo Stenger spoke in opposition to various aspects of staff's recommendation. Dr. Mike Gruning and Jane Walker, Chair of the Montana Avenue Merchant Association, spoke in support of staff's recommendation. Susana Mitchell expressed her concerns. Mauyra Coleman suggested extending the preferential parking zone to include Jili Street. Motion by Councilmember Genser. seconded by Councilmember Holbrook, to: 1) adopt resolution with the modification that both sides of the streets have preferential parking with a two hour public parking limit, and 2) for staff to return between the end of September and beginning of October with a recommendation and ordinance for implementation of an employee parking program. Motion to amend by Councilmember Genser. seconded by Councilmember Holbrook, to make Zones CC, G, JJ, and S one hour preferential parking zones. After considerable discussion, the motion was withdrawn by Councilmember Genser. The main motion was approved by the following vote: AYES: Councilmembers Feinstein, Genser, Holbrook, Mayor Pro Tern McKeown, Mayor Bloom Councilmembers Katz and O'Connor None NOES: ABSENT 7 June 24, 2003 At the request of the Mayor, Council gave direction to staff to research the issue of access to petition gatherers in apartment buildings, condominiums, and security buildings. COUNCn. ITEMS: 13-A: Annual and special vacancy appointments to boards and APPOINTMENTS TO commiSSIOns. BOARDS/COMMISSIONS On order of the Mayor, this matter was continued to July 8, 2003 SANTA MONICA 13-B: Request of Mayor Pro Tem McKeown that Council MOUNTAINS NATIONAL communicates to Congress the urgent need for adequate funding oftlle RECREATION AREA Santa Monica Mountains National Recreation Area, was presented. Councilmember Katz was excused at 11:45 p.m. Member of the public David Newsom, on behalf of Americans for National Parks, expressed his support for the request. Motion by Mayor Pro Tempore McKeown. seconded by Councilmember Feinstein, to approve request and adopt Resolution No. 9871(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA URGING THE UNITED STATES CONGRESS TO PROVIDE FUNDING FOR THE MAINTENANCE AND PRESERVATION OF THE SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA". The motion was unanimously approved by voice vote, with Councilmember Katz absent. GLOBAL WARMING 13-C: Request of Mayor Pro Tem McKeown and Councilmember Feinstein that Santa Monica join with other California cities to combat global warming by joining the existing "Friends of the Earth vs. Watson" lawsuit, which would require federal agencies funding fossil fuel projects worldwide to comply with the National Environmental Protection Act, was presented. Member of the public A. M. Man, on behalf of FOCUS, expressed concerns over tree removal and support for the request. Member of the public Blythe Danner, honorary chairperson of The Race to Stop Global Warming, spoke in support of the request. Motion by Mayor Pro Tempore McKeown. seconded by Councilmember Feinstein., to approve request and proceed in the most economic and effective way. The motion was unanimously approved by voice vote, with Councilmember Katz absent. 8 June 24,2003 LANDMARKS FEE CLOSED SESSIONS: 13-D: Request of Councilmember Feinstein that the City Council refund the difference in the Landmarks fee between the old fee and new fee for an individual whose property was declared a landmark this year, was presented. Member of the public JeffBeal spoke in support of the request Motion by Councilmember Feinstein. seconded by Councilmember O'Connor. to approve the request. The motion was approved by the following vote: AYES Councilmembers Feinstein, Genser, Holbrook, O'Connor, Mayor Pro Tempore McKeown, Mayor Bloom None Councilmember Katz NOES: ABSENT On order of the Mayor, the following action taken on closed session was reported: 2-A: Public Employee Evaluations. Title of Employees: City Manager; City Attorney; City Clerk ACTION Not heard 2-B: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331. ACTION Not heard 2-C: Conference with Legal Counsel- Existing Litigation: 2000 Main Street v. City of Santa Monica, Case No. SC 067 899. ACTION Heard. No reportable action taken. 2-D: Conference with Legal Counsel- Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. SC 074 683. ACTION Heard. No reportable action taken. 2-E: Conference with Legal Counsel- Existing Litigation: U-Liner West v. Clarke Contracting v. City of Santa Monica, Case No. SC 067 081. 9 June 24. 2003 PUBLIC INPUT: ADJOURNMENT: Motion by Councilmember O'Connor. seconded by Councilmember Genser" to approve payment of judgment, in the amount of$810,000, out of the Waste Water fund. The motion was approved by the following vote: AYES Councilmembers Feinstein. Genser, ~r~!~J Mayor Pro Tempore McKeown None Mayor Bloom Councilmember Katz NOES: ABSTAIN: ABSENT: 2-F: Conference with Legal Counsel- Existing Litigation: Mary Lennan v. City of Santa Monica. Case No. SC 071956. Motion by Councilmember Feinstein, seconded by Mayor Pro Tempore McKeown, to approve settlement in the amount of$125,000. The motion was approved by the following vote: AYES Councilmembers Feinstein, Genser, Holbrook, O'Connor, Mayor Pro Tempore McKeown None Mayor Bloom Councilmember Katz NOES: ABSTAIN: ABSENT: 2-G: Conference with Legal Counsel - Anticipated Litigation. Number of cases: Three. ACTION: Not Heard. Member of the public Art Casillas expressed various concerns. On order of the Mayor, the City Council meeting was adjourned at 12:06 a.m., to July 8, 2003, in memory of Wanda Snoble and Mary Carr. ATTEST: APPROVED: (Z-~ Beth Sanchez Assistant City Clerk Richard Bloom Mayor 10 June 24.2003