CITY OF SANTA MONICA

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 Tem 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 O=Connor

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

Assistant City Clerk Beth Sanchez

CONVENE/PLEDGE

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.

Councilmember Genser arrived at 5:50 p.m.

CONSENT CALENDAR:

All items were considered and approved in one motion unless removed by a Councilmember for discussion.

Member of the public Joey Fullmer addressed issues related to the Consent Calendar.

At the request of Councilmember Feinstein, Item 1B was removed from the Consent Calendar.

At the request of Councilmember Katz, Item 1C 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 1B and 1C, 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

NOES: None

ABSENT: Councilmember Holbrook, Mayor Bloom

1540 2^nd STREET (McDONALD=S)

1-A Recommendation to approve Statement of Official Action taken for commercial development project located at 1540 2^nd Street (McDonald=s), was approved.

EMPLOYER PAID MEMBER CONTRIBUTIONS

1-D: Resolution Numbers 9866(CCS) and 9867(CCS) entitled: AA RESOLUTION FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS (Firefighters)@ and AA RESOLUTION FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS (Miscellaneous Members)@, were adopted.

RENEWABLE ELECTRICITY FOR CITY FACILITIES

1-B: Purchase of Renewable Electricity for City Facilities -

recommendation to authorize the City Manager to execute an amendment to existing contract with ElectricAmerica (ACommonwealth 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:

AYES: Councilmembers Feinstein, Katz, Genser, O=Connor, Mayor Pro Tempore McKeown

NOES: None.

ABSENT: Councilmember Holbrook, Mayor Bloom

1685 MAIN STREET

1-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

NOES: Councilmember Katz

ABSENT: Councilmember Holbrook, Mayor Bloom

CLOSED SESSIONS:

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.

Councilmember Holbrook arrived at 6:00 p.m.

STUDY SESSION:

CONSOLIDATION OF OFF-SITE CITY OFFICES

3-A: Discussion on Consolidation of Off-Site City Offices to Civic Center Sites Including Former RAND Property Across From City Hall and the Existing Police Building.

On order of the Mayor Pro Tempore, the information received during the study session was received and filed.

SPECIAL ITEMS:

COMMENDATION

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.

The Mayor Pro Tempore commended Linda Gordon in recognition of her commitment to children, families and early childhood education.

STATE=S BUDGET

4-B: Presentation and request by State legislator for Council to adopt Resolution Number 9868(CCS) entitled: AA 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 ABecause 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

NOES: None

ABSENT: Mayor Bloom

ORDINANCES:

SIDEWALK CAFES

7-A: Second reading and adoption of interim Ordinance Number 2083(CCS) entitled: AAN 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

NOES: None

ABSENT: Mayor Bloom

PARKING AND PARKING VIOLATIONS

7-B: Second reading and adoption of Ordinance No. 2084(CCS) entitled: AAN 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: AA 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.

Motion by 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

NOES: Councilmember Holbrook

ABSENT: Mayor Bloom

PREFERENTIAL PARKING PERMITS - HISTORIC LANDMARK STRUCTURES

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 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: Councilmembers Feinstein, Katz, Genser, Holbrook, O=Connor, Mayor Pro Tempore McKeown

NOES: None

ABSENT: Mayor Bloom

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.

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: Councilmembers O=Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tempore McKeown

NOES: None

ABSENT: Mayor Bloom

COMMISSION FOR THE SENIOR COMMUNITY

7-E: Introduction and first reading of an ordinance amending 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.

vote:

AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, O=Connor, Mayor Pro Tempore McKeown

NOES: None

ABSENT: Mayor Bloom

SIDEWALK CAFES

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.

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: Councilmembers O=Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tempore McKeown

NOES: None

ABSENT: Mayor Bloom

RECESS:

On order of the Mayor Pro Tem, the City Council recessed at 9:15 p.m., and returned at 9:35 p.m., with all members present.

Mayor Bloom arrived at 9:30 p.m.

RESOLUTIONS:

PREFERENTIAL PARKING ZONES

11-A: Adoption of Resolution No. 9870(CCS) entitled: AA 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 APREFERENTIAL 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 7^th 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 Tem McKeown, Mayor Bloom

NOES: Councilmembers Katz and O=Connor

ABSENT: None

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.

COUNCIL ITEMS:

APPOINTMENTS TO BOARDS/COMMISSIONS

13-A: Annual and special vacancy appointments to boards and commissions.

On order of the Mayor, this matter was continued to July 8, 2003.

Councilmember Katz was excused at 11:45 p.m.

SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA

13-B: Request of Mayor Pro Tem McKeown that Council communicates to Congress the urgent need for adequate funding of the Santa Monica Mountains National Recreation Area, was presented.

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: AA 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.

LANDMARKS FEE

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 Jeff Beal 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

NOES: None

ABSENT: Councilmember Katz

CLOSED SESSIONS:

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 B Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331.

ACTION: Not heard.

2-C: Conference with Legal Counsel B 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 B 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 B Existing Litigation: U-Liner West v. Clarke Contracting v. City of Santa Monica, Case No. SC 067 081.

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, Holbrook, O=Connor, Mayor Pro Tempore McKeown

NOES: None

ABSTAIN: Mayor Bloom

ABSENT: Councilmember Katz

2-F: Conference with Legal Counsel B Existing Litigation: Mary Lennan v. City of Santa Monica, Case No. SC 071 956.

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

NOES: None

ABSTAIN: Mayor Bloom

ABSENT: Councilmember Katz

2-G: Conference with Legal Counsel B Anticipated Litigation.

Number of cases: Three.

ACTION: Not Heard.

PUBLIC INPUT:

Member of the public Art Casillas expressed various concerns.

ADJOURNMENT:

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:

Beth Sanchez Richard Bloom

Assistant City Clerk Mayor