CITY OF SANTA MONICA

CITY COUNCIL MINUTES

December 18, 2001

A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor Pro Tem McKeown at 5:50 p.m., on Tuesday, December 18, 2001, at City Council Chambers, 1685 Main Street.

Roll Call:
Present: Mayor Michael Feinstein (arrived at 5:54 p.m.), Mayor Pro Tem McKeown, Councilmember Ken Genser, Councilmember Robert T. Holbrook (arrived during Closed Session), Councilmember Herb Katz, Councilmember Bloom, Councilmember Pam O'Connor (arrived during Closed Session)

Also Present: City Manager Susan McCarthy, City Attorney Marsha Jones Moutrie, Assistant City Clerk Beth Sanchez

On order of the Mayor Pro Tem, the City Council convened at 5:50 p.m., with Mayor Feinstein, and Councilmembers Holbrook and O'Connor absent. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion.

Member of the public Joey Fullmer addressed Item 1C on the Consent Calendar.

Mayor Feinstein arrived at 5:54 p.m.

Motion by Councilmember Katz, seconded by Councilmember Bloom , to approve all items on the Consent Calendar as presented, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Holbrook, O'Connor

1-A: Approved minutes of the October 30, 2001, City Council meeting as presented.

1-B: Resolution No. 9733 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

1-C: Environmental Impact Reports (EIR) for Virginia Avenue Park Expansion Project and the Airport Park Project - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7521 (CCS) with Culbertson, Adams & Associates, in the amount of $38,918, to provide environmental analysis necessary to complete the Virginia Avenue Park EIR and the Airport Park EIR, was approved.

1-D: Setting of a public hearing for January 22, 2002, for proposed vacation of public service utility and right-of-way easements at Sixth Court for the Main Library Expansion Project, was approved.

1-E: Statement of Official Action for property located at 1251 Third Street (Gaucho Grill) - recommendation to approve certification of the Statement of Official Action for appeal of Planning Commission denial of Conditional Use Permit for an existing Restaurant at 1251 Third Street Promenade, was approved.

1-F: Resolution adopting Final Parcel Map for project at 1719 Ocean Front Walk - Resolution No. 9734 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 52838 TO SUBDIVIDE A PROPERTY AT 1719 Ocean Front Walk", was adopted.

On order of the Mayor, the City Council recessed at 5:55 p.m., to considered closed sessions, and returned at 7:16 p.m., with all Councilmembers present, to report the following:

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

ACTION: Heard. No reportable action taken.

2-B: Conference with Legal Counsel - Existing Litigation: Southern California Water v. City of Santa Monica, Case No. SC 064 682.

ACTION: Not heard.

2-C: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co., et al., Orange County Superior Court Case No. 01CC04331.

ACTION: Not heard.

2-D: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Boathouse, Inc., Case No. 01S00357.

ACTION: Not heard.

2-E: Conference with Legal Counsel - Existing Litigation: Boathouse, Inc. v. City of Santa Monica, Case No. CV 01-07106.

ACTION: Not heard.

4-A: Commendation to Retiring City Employee, Israel Paiess, was presented.

On order of the Mayor, the regular Council meeting convened to a special joint meeting with the Redevelopment Agency at 7:20 p.m., with all members present.

8-A: Redevelopment Agency Annual Report for Fiscal Year 2000-2001 - recommendation that the City Council receive and file Report; and, that the Redevelopment Agency direct the Executive Director to transmit the report to the Controller of the State of California.

Councilmember Holbrook was excused at 7:25 p.m.

Members of the public Joey Fullmer and Ken Ward expressed their concerns.

Motion by Mayor Feinstein, second by Councilmember Katz to receive and file the report. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook

Motion by Chair Feinstein, second by Agency Member Katz, to approve staff recommendation to direct the Executive Director of the Redevelopment Agency to transmit the report to the Controller of the State of California.

The motion was approved by the following vote of the Redevelopment Agency:

AYES: Agency Members O'Connor, Bloom, Genser, Katz, Chair Pro Tem McKeown, Chair Feinstein

NOES: None

ABSENT: Agency Member Holbrook

Councilmember Holbrook returned at 7:30 p.m.

8-B: Approval of Conceptual Plan for the Main Library - recommendation for the Redevelopment agency to receive and file the information; and, for the City Council to approve the conceptual plan and authorize staff to proceed with schematic design and the Environment Impact Report process, was presented.

Member of the public Roger Genser suggested bringing the Stanton Macdonald-Wright murals back to the City from the Smithsonian Institute, restoring them, and including them in the new library structure.

Motion by Chair Feinstein, seconded by Agency Member O'Connor, to receive and file the information. The motion was approved by the following vote:

AYES: Agency Members Katz, Genser, Bloom, O'Connor, Holbrook, Chair Pro Tem McKeown, Chair Feinstein

NOES: None

ABSENT: None

Motion by Mayor Feinstein, seconded by Councilmember O'Connor, to approve the conceptual plan and authorize staff to proceed with schematic design and the Environmental Impact Report process.

Discussion ensued regarding the possibility of including the construction of the Main Library in the Civic Center Specific Plan, provisions for acquiring the entire collection of the Stanton Macdonald-Wright murals and accommodating the mural in the space design for the library, and assuring that the garage design would include the installation of electrical vehicle charging stations.

Motion to amend by Councilmember Bloom for staff to return with detail and an analysis showing the areas where all of the murals can be located and other information about tradeoffs that the City might be making if the murals are returned. The motion was accepted as friendly.

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

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

NOES: None

ABSENT: None

Motion by Councilmember Katz, duly seconded, to agendize the concept of possibly relocating the library to the Civic Center including this as part of the Civic Center Plan discussion currently scheduled for the January 22, 2002, City Council meeting. Staff was directed to prepare an analysis of the pros and cons of the concept as part of the January 22, 2002, Civic Center Plan staff report. The motion and direction were unanimously approved by voice vote with all Councilmembers present.

The Special Joint meeting of the City Council and the Redevelopment Agency was adjourned at 8:25 p.m.

Councilmember Holbrook was excused at 8:28 p.m.

On order of the Mayor, the regular Council meeting convened to a special joint meeting with the Public Financing Authority at 8:26 p.m., with Councilmember Holbrook absent.

Councilmember Holbrook returned at 8:28 p.m.

8-C: Public hearing and adoption of resolutions authorizing the issuance of additional Santa Monica Public Financing Authority Lease Revenue Bonds, Series 2002 Bonds, for the Public Safety Facility Project and approval of documents, actions, and proposed budget changes, was presented.

Members of the public Joey Fullmer and Brian Quincy Hutchings expressed their concerns.

Motion by Chair Feinstein, seconded by Authority Member O'Connor, to adopt Resolution No. 3(PFA) entitled: "RESOLUTION OF THE BOARD OF DIRECTORS OF THE SANTA MONICA PUBLIC FINANCING AUTHORITY AUTHORIZING THE EXECUTION AND DELIVERY BY THE AUTHORITY OF A FIRST AMENDMENT TO LEASE AGREEMENT, A FIRST SUPPLEMENTAL INDENTURE AND A FIRST AMENDMENT TO ASSIGNMENT AGREEMENT IN CONNECTION WITH THE ISSUANCE OF SANTA MONICA PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2002A (PUBLIC SAFETY FACILITY PROJECT), AUTHORIZING THE ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $18,000,000, AUTHORIZING THE PUBLISHING OF A NOTICE OF INTENTION TO SELL, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL NOTICE INVITING BIDS AND AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS", reading by title only and waiving further reading thereof.

The motion was approved by the following vote of the Public Financing Authority:

AYES: Authority Members Holbrook, O'Connor, Bloom, Genser, Katz, Chair Pro Tem McKeown, Chair Feinstein

NOES: None

ABSENT: None

Motion by Mayor Feinstein, seconded by Councilmember O'Connor, to adopt Resolution No. 9735 (CCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FIRST AMENDMENT TO LEASE AGREEMENT, A FIRST SUPPLEMENTAL INDENTURE AND A CONTINUING DISCLOSURE CERTIFICATE IN CONNECTION WITH THE ISSUANCE OF SANTA MONICA PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2002A (PUBLIC SAFETY FACILITY PROJECT), APPROVING THE ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $18,000,000, APPROVING A NOTICE OF INTENTION TO SELL AND AN OFFICIAL NOTICE INVITING BIDS FOR SUCH BONDS, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS", reading by title only and waiving further reading thereof.

The motion was approved by the following vote:

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

NOES: None

ABSENT: None

The Special Joint meeting of the City Council and the Public Financing Authority was adjourned at 8:35 p.m., and the regular meeting of the City Council reconvened with all members present.

8-D: Review and acceptance of City's Comprehensive Annual Financial Report for Fiscal Year 2000-01.

Member of the public Brian Hutchings expressed his concerns.

Motion by Mayor Feinstein, seconded by Councilmember Bloom, to accept the report. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

8-E: Conditional Use Permit for Jack in the Box drive-up Window extended hours at 2423 Wilshire Boulevard - recommendation to approve amended conditional use permits for extended hours from 6:00 a.m. to 7:00 a.m., 7 days a week; 10:00 p.m. to midnight on Sunday Through Thursday nights; and 10:00 p.m. to 1:00 a.m. on Friday and Saturday nights based upon the proposed findings and conditions.

Member of the public Jack Rubens spoke in support of the approval of the amended conditional use permits. Member of the public Chuck Allord spoke in support of stronger development standards in the City.

Motion by Councilmember Bloom, seconded by Mayor Pro Tem McKeown, to approve the conditional use permit based upon the proposed findings and conditions. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

9-A: Public hearing on the Draft Historic Preservation Element - recommendation to hold a public hearing, receive public input, approve in concept the draft Element, and direct staff to conduct the necessary environmental review and provide direction regarding staffing implications and workload priorities, was presented.

Members of the public Margot Alofsin, Nina Fresco, Bea Nemlaha, Ken Breisch, Ruthann Lehrer, Roger Genser, and Trudi Sandmeier of the Los Angeles Conservancy spoke in support of the draft Historic Preservation Element.

Members of the public Chuck Allord and Robert Farzam expressed their concerns.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to approve the draft Historic Preservation Element and expand the staff recommendation to also focus on the City's ethnic heritage.

Motion to amend by Councilmember Holbrook that the Historical Society be partners with the City in preserving the Element, and to forward the memorandum received from the Historical Society to the Landmarks Commission to review their suggestions and possibly include them in the City's goals and objectives. The motion was considered friendly.

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

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

NOES: None

ABSENT: None

Councilmember Katz was excused at 9:44 p.m.

11-A: Adoption of resolution for Preferential Parking Zone T, bounded by Exposition Boulevard, Stewart Street, and Virginia and Centinela Avenues - recommendation to adopt resolution amending and enlarging Preferential Parking Zone T, eliminating Zone UU, and amending Resolution 9344 (CCS), was presented.

Member of the public Peter Path expressed his concerns regarding the two hour limit on parking. Members of the public Jeff Morgan and Eddie Simmons spoke in support of staff's recommendation and requested an extension of the restriction to include Saturdays.

Motion by Mayor Feinstein, seconded by Mayor Pro Tem McKeown, to approve staff's recommendation and adopt Resolution No. 9736 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE REGULATIONS IN PREFERENTIAL PARKING ZONE T AND AMENDING RESOLUTION 9344 (CCS) "PREFERENTIAL PARKING ZONES" BY REPLACING EXHIBIT A", reading by title only and waiving further reading thereof.

The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Katz

13-A: Request of Mayor Feinstein to direct staff to explore alternatives when studying the recommendations of the Auto Dealers Task Force, including locations other than Santa Monica Boulevard. Based on discussions with some auto dealers, expanding the scope of the scheduled study, while not delaying it, may result in a more comprehensive look at the challenges of benefitting both the commercial and residential interests was presented.

Member of the public Chuck Allord expressed his concerns.

Motion by Mayor Feinstein, seconded by Councilmember Bloom, to approve the request.

Motion to amend by Councilmember Bloom to direct staff to prepare an information item to be considered during the February 2002 Council meeting on Planning priorities which identifies any issues that should be considered regarding this request. The amendment was considered friendly.

13-B: Appointment to one special vacancy on the Personnel Board for a partial term ending June 30, 2004.

On order of the Mayor, this item was continued to a future meeting pending resolution of the Personal Board's possible change in meeting time.

13-C: Appointment to two annual vacancies on the Building & Safety Commission for terms ending June 30, 2005.

On order of the Mayor, this item was continued to January 22, 2002.

13-D: Appointment to one special vacancy on the Commission on Older Americans for a partial term ending June 30, 2003.

On order of the Mayor, this item was continued to January 22, 2002.

13-E: Appointment to one special vacancy on the Recreation and Parks Commission for a term ending June 30, 2004.

On order of the Mayor, this item was continued to January 22, 2002.

13-F: Appointment to one special vacancy on the Commission on the Status of Women for a partial term ending June 30, 2002.

On order of the Mayor, the floor was opened for nominations.

Mayor Feinstein nominated Alesia Cook. There being no other nominations, Alesia Cook was appointed by acclamation for a partial term ending June 30, 2002, with Councilmember Katz absent.

13-G: Appointment to one special vacancy on the Architectural Review Board for a partial term ending June 30, 2002.

On order of the Mayor, the floor was opened for nominations.

Councilmember Genser nominated Rodolfo Alvarez. Councilmember Holbrook nominated Blythe Alison-Mayne. Rodolfo Alvarez was appointed to the Architectural Review Board for a partial term ending June 30, 2002, by the following vote:

Alvarez: Councilmembers O'Connor, Bloom, Genser, Mayor Pro Tem McKeown

Alison-Mayne: Councilmember Holbrook, Mayor Feinstein

Absent: Councilmember Katz

Mayor Feinstein requested his vote be changed to Alvarez to express support for both candidates.

14. PUBLIC INPUT:

Members of the public Justice Delayed is Justice Denied (Pro Se), Brian Quincy Hutchings, and Clifford Stern expressed various concerns.

On order of the Mayor, the City Council meeting was adjourned at 10:15 p.m. to January 8, 2002, in memory of Ron Shatola.

ATTEST:

Beth Sanchez, Assistant City Clerk

APPROVED:

Michael Feinstein, Mayor