CITY OF SANTA MONICA

CITY COUNCIL MINUTES

AUGUST 7, 2001

A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 8:05 p.m., on Tuesday, August 7, 2001, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Michael Feinstein

Mayor Pro Tem Richard Bloom

Councilmember Ken Genser

Councilmember Robert T. Holbrook

Councilmember Herb Katz

Councilmember Kevin McKeown

Councilmember Pam O'Connor

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

On order of the Mayor, the City Council convened at 8:05 p.m., to a joint meeting with the Santa Monica-Malibu Unified School District Board of Education. Board of Education Member Julia Brownley led the assemblage in the Pledge of Allegiance.

Discussion ensued among Councilmembers regarding the order of items on the Council's agenda. It was a general consensus, and at the order of the Mayor, that closed sessions would be heard at the end of the meeting.

8-A: Santa Monica-Malibu Unified School District and City of Santa Monica Revised Elementary School Playground Access Program - recommendation that the City Council adopt the Revised Elementary School Playground Access Program Plan, and authorize the City Manager to negotiate and execute a program agreement with the School District for program implementation, was presented.

The following members of the public spoke in support of the recommendation: Neil Carrey, Joey Fullmer, John Petz, Tricia Crane, Jerry Rubin, Kathy Kartiganer, Donna Block, Abby Arnold, Ruth Ann Shanley, Mark Harding.

The following members of the public spoke generally in support of the recommendation but expressed concerns regarding certain issues including, but not limited to, noise to surrounding residents, parking impact, safety and security of students, age limit of children, hours of operation, and possible night time use: Harold Starr, Richard Pollard, Alice Mitchell, Daniel Mitchell, Pat Samarge, Abby Klein, Betsy Newell, Alysa Tennenbaum, Melissa Dinolfo, Nicole Lopez, David Mota, M. Gorosh, and Albert Karel.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember Genser, to bifurcate discussion to allow Councilmember McKeown to participate given a potential conflict of interest due to his employment by the School District. The motion was unanimously approved by voice vote, with all members present.

Councilmember McKeown was excused during the budget part of the discussion, and then re-joined the meeting to discuss non-budget issues.

Motion by Councilmember Genser, seconded by Councilmember McKeown, to approve the program as regards to the access issues.

Motion to amend by Councilmember McKeown, seconded by Mayor Pro Tem Bloom, to direct staff to have systematic and periodic monitoring of issues as they develop, and to return to Council for a change in policy, if necessary. The motion was accepted as friendly.

Motion to amend by Councilmember Katz, to change the word "supervise" to "monitor" in the third paragraph of page 7, Section 7, "Security and Monitoring," of the agreement. The motion was accepted as friendly.

Motion to amend by Mayor Pro Tem Bloom, seconded by Councilmember Holbrook, to change opening hours on Saturday to 10:00 a.m., and on Sunday to 11:00 a.m. The motion failed by the following vote:

AYES: Councilmember Holbrook, Mayor Pro Tem Bloom

NOES: Councilmembers Katz, Genser, McKeown, O'Connor, Mayor Feinstein

ABSENT: None

Motion by Mayor Pro Tem Bloom, seconded by Councilmember Holbrook, to change the hours on Saturday to 9:00 a.m., and on Sunday to 10:00 a.m. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, O'Connor, Genser, Mayor Pro Tem Bloom, Mayor Feinstein

NOES: Councilmembers McKeown, Katz

ABSENT: None

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

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

NOES: None

ABSENT: None

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

Motion by Mayor Feinstein, seconded by Councilmember Katz, to authorize the City Manager to negotiate and execute the agreement with the School District. The motion was approved by the following vote:

AYES: Councilmembers Katz, Genser, O'Connor, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein

NOES: None

ABSENT: Councilmember McKeown

On order of the Mayor, the special joint meeting with the School Board was adjourned at 11:50 p.m., with Councilmember McKeown absent.

Councilmember McKeown returned at 11:51 p.m.

8-B: Approval of Outdoor Dining Standards for Santa Monica Boulevard and Broadway Avenue in Conjunction with the Downtown Transit Mall Improvements.

On order of the Mayor, this matter was continued to August 14,2001.

8-C: Modification to start time for City Council meetings, discussion of the deliberation process, and recommendation to adopt resolution effecting proposed changes, or to direct staff to return with a resolution reflecting Council preferences. (Continued from July 24, 2001.)

On order of the Mayor, this matter was continued to September 11, 2001.

Motion by Councilmember Katz, seconded by Councilmember O'Connor, to start the next two Council meetings at 5:45 p.m. The motion was unanimously approved by voice vote, with all members present.

The following members of the public spoke: Pro Se discussed disability issues; Art Casillas discussed issues with the Police Department; Ned Landin discussed sound levels by street performers in the Third Street Promenade and Pier.

On order of the Mayor, the City Council recessed at 11:59 p.m., to hear closed sessions, and returned at 12:55 to report the following:

2-A: Conference with Legal Counsel - Existing Litigation: Martinelli v. City of Santa Monica, Case No. SC 061 916.

ACTION: Not heard.

2-B: Conference with Legal Counsel - Existing Litigation: San Diego County Water Authority, et al., v. Metropolitan Water District, et al., Case No. 321 056.

ACTION: Not heard.

2-C: Conference with Legal Counsel - Existing Litigation: Chateau 16th Street Villas, LLC and Norman Salter v. City of Santa Monica, Case No. BS 065 985.

ACTION: Not heard.

2-D: Conference with Legal Counsel - Anticipated Litigation. Number of cases: Two.

ACTION: One case heard. No reportable action taken.

On order of the Mayor, the City Council meeting was adjourned at 1:00 a.m. to August 14, 2001, at 5:45 p.m.

ATTEST:

Maria M. Stewart, City Clerk

APPROVED:

Michael Feinstein, Mayor