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:
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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.
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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.
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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.
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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
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June 24.2003