CITY OF SANTA MONICA

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

MARCH 23, 2004

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:51 p.m., on Tuesday, March 23, 2004, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Richard Bloom

Mayor Pro Tem Kevin McKeown

Councilmember Michael Feinstein

Councilmember Ken Genser

Councilmember Robert T. Holbrook

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 of the Mayor, the City Council convened at 5:51 p.m., with all members present. Lucy Dyke, Transportation Planning Manager, led the assemblage in the Pledge of Allegiance.

CONSENT CALENDAR:

The Mayor announced that Item 1-D was removed from the Consent Calendar by staff, and would not be considered.

Motion by Councilmember O=Connor, seconded by Councilmember Katz, to approve all items on the Consent Calendar as presented, except Item 1-D, 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, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: None

MINUTES

1-A: The minutes of the February 10, and February 24, 2004, City Council meeting, were approved.

PURCHASE CNG-POWERED TRUCKS

1-B: Purchase of two service trucks B recommendation to award Bid No. 2865 to Los Angeles Freightliner, in the amount of $313,253.86, to furnish and deliver two CNG-powered service trucks for the Environmental and Public Works Management Department, was approved.

DOWNTOWN TRANSIT MALL

1-C: Pedestrian Extension to Downtown Transit Mall B recommendation to adopt Resolution No. 8331 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION TO RECEIVE GRANT FUNDS FOR THE PEDESTRIAN EXTENSION TO THE DOWNTOWN TRANSIT MALL,@ was approved.

TRACT MAP FOR 1027 10^TH STREET

1-D: Final Tract Map No. 53246 for 1027 10^th Street B recommendation to adopt a resolution accepting and approving a final subdivision map for Tract No. 53246 for a 5-unit condominium project at 1027 10^th Street, was removed from consideration by staff.

TEMPORARY EMPLOYEES

1-E: Contract for Temporary Employees in the Planning Department - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8155 (CCS) with JAS Pacific Corporation, in the amount of $250,000, for code enforcement, construction inspection and plan check services; and amendment to Contract No. 7742 (CCS) with Bing Yen and Associates, in the amount of $80,000, for geotechnical and engineering geology services, was approved.

GRANT PROGRAM

1-F: Innovative Technology Grant Program Criteria B recommendation to approve the proposed selection criteria to be used to evaluate applications for grants, was approved.

FEDERAL FUNDED HIGHWAY PROGRAMS

1-G: Resolution No. 9936 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY ON MATTERS ASSOCIATED WITH THE ADMINISTRATION AND IMPLEMENTATION OF THE VARIOUS FEDERALLY FUNDED HIGHWAY PROGRAMS,@ was adopted.

PURCHASE PARKING METERS

1-H: Purchase of parking meters recommendation to authorize the City Manager to negotiate and execute Contract No. 8332 (CCS) with Duncan Parking Technologies, in the amount of $1,806,305.91, for the purchase of 6,600 parking meters and associated equipment, was approved.

SOFTWARE MAINTENANCE CONTRACT

1-I: Financial Management Information System maintenance contract B recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 6951 (CCS), with PeopleSoft USA, Inc., in the amount of $57,600, for annual software maintenance was approved.

1234 4^TH ST, 1320 4^TH ST AND 1431 2^ND ST

1-J: Authorization to negotiate terms and conditions for disposition of properties located at 1234 Fourth Street, 1320 Fourth Street and 1431 Second Street, was approved.

RECESS TO SPECIAL JOINT MEETING

On order of the Mayor, the City Council recessed to a joint meeting of the Housing Authority, the Parking Authority and the Redevelopment Agency at 6:04 p.m., and reconvened at 6:05 p.m., with all members present.

CLOSED SESSIONS

On order of the Mayor, the City Council adjourned to consider closed sessions and reconvened at 7:29 p.m. Action taken on closed sessions was reported at the end of the meeting.

INSPIRATION:

A presentation on Women's History Month, was presented by members of the Commission on the Status of Women.

CONTINUED ITEMS:

PREFERENTIAL PARKING

5-A: Resolution No. 9937 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AMENDING PREFERENTIAL PARKING ZONE MM (9^TH STREET BETWEEN PICO AND THE SANTA MONICA FREEWAY, AND MICHIGAN AVENUE, BAY STREET, GRANT STREET, AND PACIFIC STREET BETWEEN LINCOLN BOULEVARD AND 10^TH STREET) ON CURRENTLY REGULATED BLOCKS AND AMENDING RESOLUTION 9344 (CCS),@ was presented.

The following members of the public spoke generally in support of the recommendation and offered suggestions: Christian Boyce, Robert Richards, Paul Bailey, Brian Cayo, Peter Tigler, Lucas Morea, Cesar Morea, Kathryn Morea, Susan Archibald, Maya Lopez, Carla Siwinski, Ana Jara and Polli Prosser.

Motion by Councilmember Genser, seconded by Mayor Bloom, to adopt the resolution amended to change the restrictions in the Michigan Avenue and 9th Street area to no public parking between 6 p.m. to 9 a.m. and to allow one-hour parking for the public from 9 a.m. to 6 p.m. 7 days per week.

Motion to amend by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to extend allowed parking to two hours. The motion on the amendment was approved by the following vote:

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

NOES: Councilmember Genser, Mayor Bloom

ABSENT: None

The main motion, as amended, was approved by the following vote:

AYES: Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: Councilmember O=Connor

ABSENT: None

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, to direct staff to look at the matter of scheduling agenda items, and return with recommendations so that when preferential parking zones are scheduled, they may be considered earlier in the meeting. The motion was unanimously approved by voice vote, with all members present.

RECESS

On order of the Mayor the City Council recessed at 9:37 p.m., and reconvened at 9:46 p.m., with Councilmembers Holbrook, Genser, and Katz absent.

ORDINANCES:

SHORT-TERM HOUSING

7-A: Second reading and adoption of Ordinance No. 2120 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH A DEFINITION OF SHORT-TERM RENTAL HOUSING, AND PROHIBITING THIS FORM OF HOUSING THROUGHOUT THE CITY,@ was presented.

Motion by Mayor Pro Tem 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, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmembers Holbrook, Genser, Katz

Councilmembers Katz and Genser returned at 9:52 p.m.

PROHIBIT SMOKING ON BEACH AND PIER

7-B: Introduction and first reading of an ordinance of the City of Santa Monica amending Chapter 4.44 of the Municipal Code to prohibit smoking on the beach and the Pier, in waiting areas for public services and within 20 feet of an entrance or exit to a public facility, was presented.

The following members of the public spoke in support of the ordinance: Jim Walker, Robert Donin, Debi Austin, Garrett Snow, Robert Berger, Charley Bell, Neil Carrey, Los Angeles City Councilmember Jack Weiss, Chris Cappiello, Lori Kaplan,, Jared Kaplan, Steven Gallegos, Kesha Ram, Alann Reed, Andrea Aguilar, Roxanne Kubice, Erica Sutherland, Adrienne Coffield, Colin Walkden, Phil Brock, Jerry Ruben, and Susan Frazier.

Members of the public Chuck Allord and Joe Natoli spoke in opposition of the proposed ordinance. Member of the public Joey Fullmer, expressed various concerns.

Members of the public Ben Franz-Knight, Allan Lipsky, Joanie Gordon, Linda Sullivan, Jean McNeil Wyner, Murray Gould, and Ellen Brennan spoke in support of exempting the Pier or of having designated areas for smoking on the Pier.

Motion by Mayor Bloom, seconded by Mayor Pro Tem McKeown, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof.

Motion to amend by Councilmember Katz, that in terms of enforcement of a violation, there will be a period of time where all enforcement is preceded by a warning. The motion was accepted as friendly.

Motion to amend by Councilmember Genser, seconded by Councilmember O=Connor, that for the Pier, smoking be allowed in designated areas. The amendment failed by the following vote:

AYES: Councilmembers Katz, Genser, O=Connor

NOES: Councilmember Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

ABSENT: Councilmember Holbrook

The main motion failed by the following vote:

AYES: Councilmembers Katz, Mayor Pro Tem McKeown, Mayor Bloom

NOES: Councilmembers Feinstein, Genser, O=Connor

ABSENT: Councilmember Holbrook

Motion by Councilmember Genser, seconded by Councilmember Katz, to introduce the ordinance, reading by title only and waiving further reading thereof, and amended allow smoking only in designated smoking areas. The motion was approved by the following vote:

AYES: Councilmembers Katz, Genser, Mayor Pro Tem McKeown, Mayor Bloom

NOES: Councilmembers Feinstein, O=Connor

ABSENT: Councilmember Holbrook

Motion by Councilmember Katz, seconded by Councilmember Genser, that there be a 90-day time period before fines are enforced and direct staff to return, after working with the Pier Restoration Corporation, with options for the locations of the designated areas. The motion was approved by voice vote, with Councilmember Feinstein voting in opposition and Councilmember Holbrook absent.

Councilmember Katz was excused at 11:52 p.m.

ADMIN. ITEMS:

PRC SERVICE AGREEMENT

8-A: Pier Restoration Corporation Services Agreement B recommendation to approve and authorize the City Manager to execute the proposed Services Agreement with the Pier Restoration Corporation based on the terms and conditions summarized in the report, was presented.

There was no one present for public comment

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers O=Connor, Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmembers Holbrook, Katz

SUSTAINABLE TASK FORCE

8-B: Establishment of Sustainable City Task Force with the appointment of eleven members from the Santa Monica Community, was presented.

There was no one present for public comment.

Motion by Councilmember Feinstein, seconded by Councilmember O=Connor, to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers O=Connor, Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmembers Holbrook, Katz

JOINT MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY:

PALISADES BLUFF PROJECT

8-C: Palisades Bluff Improvement Project B recommendation to review information, provide feedback on proposed mitigation strategies, and if mitigation strategies are approved, authorize staff to proceed with selection process for a design and community outreach team and return to Council for contract award.

On order of the Mayor, this meeting was not convened, and the matter was continued to April 13, 2004.

RECESS

On order of the Mayor, the City Council recessed at 11:57 p.m., to a special meeting of the Housing Authority, and reconvened at 11:59 p.m., with Councilmembers Holbrook and Katz absent.

COUNCIL ITEMS:

LANDMARKS COMMISSION

13-A: Appointment to one special vacancy on the Landmarks Commission for a term ending June 30, 2004.

There being no one present for public comment, the Mayor opened the floor for nominations.

Councilmember Feinstein nominated Colin Maduzia. There being no other nominations, Mr. Maduzia was appointed by acclamation, with Councilmembers Holbrook and Katz absent.

RETAIL ON THE PROMENADE

13-B: Request of Councilmember Feinstein to direct staff to conduct research on past trends and the current amount of formula retail on the Promenade; to consider the definition of formula retail from the November 11, 2003, staff report, and return to Council with recommendations, with the process timed so that the Bayside District can review the recommendations before returning to Council.

On order of the Mayor, this matter was continued to April 13, 2004.

COMMISSION FOR THE SENIOR COMMUNITY

13-C: Appointment to one special vacancy on the Commission for the Senior Community for a term ending June 30, 2007.

On order of the Mayor, this matter was continued to April 13, 2004.

PERSONNEL BOARD

13-D: Appointment to one annual vacancy on the Personnel Board for a term ending June 30, 2008, and one special vacancy for a term ending June 30, 2006.

On order of the Mayor, this matter was continued to April 13, 2004.

SOCIAL SERVICES COMMISSION

13-E: Appointment to one special vacancy on the Social Services Commission for a term ending June 30, 2007.

On order of the Mayor, this matter was continued to April 13, 2004.

RECREATION AND PARKS COMMISSION

13-F: Appointment to one special vacancy on the Recreation and Parks Commission for a term ending June 30, 2005.

On order of the Mayor, this matter was continued to April 13, 2004.

STATUS OF WOMEN

13-G: Appointment to one special vacancy on the Commission on the Status of Women for a term ending June 30, 2005.

On order of the Mayor, this matter was continued to April 13, 2004.

RESIGNATION

13-H: Acceptance of Morton Gantman=s letter of resignation from the Commission for the Senior Community, and authorization for City Clerk to publish vacancy.

Motion by Mayor Bloom, seconded by Mayor Pro Tem McKeown, to accept letter with regrets. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

AB 2175

13-I: Request of Mayor Pro Temp McKeown that the City oppose AB 2175 (Canciamilla) that would authorize largely unrestricted condo conversions of existing rental housing, was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

CLOSED SESSIONS:

On order of the Mayor, the following actions were reported:

2-A: Conference with Legal Counsel B Existing Litigation: Levy v. City of Santa Monica, Case No. 063147.

ACTION. This matter was not heard.

2-B: Conference with Legal Counsel B Existing Litigation: United Rental v. Cohen, Case No. BC 309113.

ACTION: This matter was not heard.

2-C: Conference with City Council, Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 01CC4331.

Motion by Mayor Bloom, seconded by Councilmember Feinstein, to approve settlement with Winall Oil Company, in the amount of $350,000. The motion was approved by the following vote:

AYES: Councilmembers O=Connor, Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmembers Holbrook, Katz

2-D: Conference with Legal Counsel B Existing Litigation: Los Angeles SMSA Limited Partnership v. City of Santa Monica, Case No.SC 079139.

ACTION: No reportable action taken.

2-E: Conference with Legal Counsel B Existing Litigation: SMHC v. City of Santa Monica, Case No., Case No. SC 074683.

ACTION: No reportable action taken.

2-F: Conference with Legal Counsel B Existing Litigation: 2000 Main St. v. City of Santa Monica, Case No. SC 067899.