CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JULY 9, 2002

A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:45 p.m., on Tuesday, July 9, 2002, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Michael Feinstein

Mayor Pro Tem Kevin McKeown

Councilmember Richard Bloom

Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 7:20 p.m.)

Councilmember Pam O'Connor (arrived at 6:00 p.m.)

Absent: Councilmember Herb Katz

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 5:45 p.m., with Councilmember Katz absent. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

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

At the request of Mayor Feinstein, Item 1-A was removed from the Consent Calendar.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Bloom, to approve all items on the Consent Calendar as presented, with the exception of Item 1-A, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Katz, O'Connor, Holbrook

1-B: Modification to Contract for Wilshire Boulevard and Montana Avenue Storm Drain Diversions - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7995(CCS) with Burns & McDonnell, in the amount of $29,000, for the Wilshire Boulevard and Montana Avenue Storm Drain Diversions, was approved.

1-C: Purchase of two tractors - recommendation to award of Bid No. 2841 to Staben Equipment Co., Inc., in the amount of $161,801.28, to furnish and deliver two tractors for the Beach Maintenance Division, was approved.

1-D: The Workload Priorities for Planning and Community Development Department for Fiscal Year 2002-2003, were approved.

Councilmember O'Connor arrived at 6:00 p.m.

1-A: Approval of minutes of April 23, May 28, May 29, and June 3, 2002, City Council meetings, were presented.

Mayor Feinstein advised that, on page 6 of the April 23 minutes, the item related to the Civic Center although the motion of "There is to be no underground parking" is accurate as was stated, Council's intent was to direct that "no further underground parking other than what was recommended." In addition, he added that his understanding of the motion regarding the bicycle path differs from what is stated.

Motion by Mayor Feinstein, seconded by Councilmember Genser, to approve the minutes as submitted, except the minutes of April 23, which will return to Council on July 23. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

Members of the public Lila Fink, Bill Broesante, and Rebecca Novell presented comments relative to Item 2-A.

On order of the Mayor, the City Council recessed at 6:05 p.m., to hear closed sessions and reconvened at 7:14 p.m., with Councilmembers Holbrook and Katz absent. On order of the Mayor, the Council will recess to continue closed sessions at the end of the meeting.

7-A: Second reading and adoption of Ordinance No. 2047 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE PROVISIONS GOVERNING STREET PERFORMANCE AND VENDING ON THE THIRD STREET PROMENADE, TRANSIT MALL AND PIER, INCLUDING PROVISIONS ON PERMITS, PERFORMANCE STAGING AND LOCATION, ART OBJECTS AND PENALTIES AND PROVISIONS GOVERNING BLOCKING SIDEWALKS," was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember O'Connor, to adopt ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Genser, Bloom, O'Connor,

Mayor Pro Tem McKeown

NOES: Mayor Feinstein

ABSENT: Councilmembers Katz, Holbrook

Mayor Feinstein stated, for the record, that he voted against the motion because this action creates a problem that doesn't exist, fails to resolve those that exist, and violates the historical trust that has existed with street performers.

7-B: Second reading and adoption of Ordinance No. 2048 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 4 OF THE MUNICIPAL CODE TO ELIMINATE FAMILY MEMBER OCCUPANCY RESTRICTION GOVERNING "ELLISED" UNITS," was presented.

Motion By Councilmember O'Connor, seconded by Councilmember Bloom, to adopt ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Holbrook, Katz

Councilmember Holbrook arrived at 7:20 p.m.

7-C: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING CHAPTER 2.66 TO THE SANTA MONICA MUNICIPAL CODE TO CREATE A DISABILITIES COMMISSION," was presented.

The following members of the public spoke in support of the creation of a Disabilities Commission: Joey Fullmer, Pro Se, Joseph Paolucci, Elizabeth Bancroft, Len Doucette, Kecia Weller, Jerry Rubin, Bill Bolt, Jamar Schoessow, and Larry Skuse.

Motion by Mayor Pro Ten McKeown, seconded by Councilmember Genser, to introduce ordinance for first reading with a membership of eleven (11) members, reading by title only and waiving further reading thereof.

Motion to amend by Councilmember Genser, to amend the ordinance so that, at a minimum six seats shall be designated for members with disabilities, and remainder may be for both disabled and abled persons. The motion was accepted as friendly.

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

AYES: Councilmembers Genser, Bloom, O'Connor, Holbrook,

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmembers Katz

7-D: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA TO ADD SECTION 9.04.20.30.100 TO THE SANTA MONICA MUNICIPAL CODE ESTABLISHING A CRIMINAL CHARGING SECTION FOR ZONING CODE VIOLATIONS," was presented.

Members of the public Joe Pipersky and Joey Fullmer spoke to various aspects of the proposed ordinance.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Bloom, 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 Holbrook, O'Connor, Bloom, Genser,

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Katz

8-A: Recommendation to approve location of a skate park in Memorial Park, was presented.

The following members of the public spoke in support of the proposal: Daniel Boeres, Jun Cho, Andrea Derkachenko, Tiimo Schulze, Levi Schulze, Barbara Filet, and Gerald Marcil.

The following members of the public spoke in opposition to the proposal: Ruthann Shanley, Jonathan Aurthur, Todd Erlandson, Jerry Rubin, Chuck Allord, and Josh Landon.

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

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

NOES: None

ABSENT: Councilmember Katz

8-B: Resolution No. 9779 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING POLICY FOR THE NAMING OF CITY OWNED LAND, BUILDINGS AND FACILITIES," was presented.

There was no one present to speak on this matter.

Motion by Councilmember Genser, seconded by Councilmember O'Connor, to adopt resolution, reading by title only and waiving further reading thereof, amended to add people who contributed to the world be eligible and to delete the requirement that the person may no longer be alive.

Motion to amend by Councilmember Holbrook, that the policy should not consider anyone who is presently holding office. The motion was accepted as friendly.

Motion to amend by Mayor Pro Tem McKeown, to change language on page 3 to "commemorating individuals who have made important contributions" and eliminating the word "organizations." The motion was not accepted as friendly.

Substitute motion by Mayor Pro Tem McKeown, to adopt the resolution as amended earlier, and amended further by substituting the following language: "commemorating individuals or non-commercial organizations who have made important donations . . ." on page 3 of the resolution. The motion died for lack of a second.

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

AYES: Councilmembers Genser, Bloom, O'Connor, Holbrook,

NOES: Mayor Pro Tem McKeown, Mayor Feinstein

ABSENT: Councilmember Katz

Mayor Pro Tem McKeown stated, for the record, that he voted in opposition because he is not comfortable with the institutionalization of corporate naming of public facilities.

Mayor Feinstein stated, for the record, that he voted in opposition because he thinks that as a statement of general principles, this action suggests that the public domain is for sale in Santa Monica and he is embarrassed for the City because of it.

On order of the Mayor, the City Council recessed at 10:00 p.m., and reconvened at 10:18 p.m., with Councilmember Katz absent.

9-A: Certification of Final Environmental Report, approval of Statement of Overriding Considerations, and approval of Conditional Use Permit and Vesting Tentative Tract Map 52649 with conditions to allow construction of a 10-unit condominium building located at 834-838 16^th Street, was presented.

Mayor Pro Tem McKeown stated that he had a conflict of interest in this matter and requested to be excused.

Mayor Pro Tem McKeown was excused at 10:20 p.m.

Discussion ensued on the process of hearing this matter given the time and the number of speakers present.

Motion by Mayor Feinstein, seconded by Councilmember O'Connor, to hear some public comment and continue discussion and action to July 23, and allowing the public to speak on July 23 as well. The motion was approved by voice vote, with Councilmember Holbrook voting in opposition and Councilmember Katz and Mayor Pro Tem McKeown absent.

On order of the Mayor, the public hearing was opened. The following members of the public spoke in opposition to the project: Lila Finks, Valerie Hiss, Victoria Stevens, and Pam Vavra.

The following members of the public spoke in support of the project: John Munroy, Heidi Lemmon and Carrie Salter.

On order of the Mayor, the public hearing was continued to the meeting of July 23, 2002.

Mayor Pro Tem McKeown returned at 11:20 p.m.

11-A: Resolution for Code Enforcement Fines - recommendation to adopt Resolution No. 9780 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING FORTH THE ADMINISTRA-TIVE CITATION SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE SANTA MONICA MUNICIPAL CODE," was presented.

There was no one present for public comment on this matter.

Motion by Councilmember Bloom, seconded by Mayor Pro Tem McKeown, to adopt resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers O'Connor, Bloom, Genser,

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: Councilmember Holbrook

ABSENT: Councilmember Katz

11-B: Resolution No. 9781 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA FIREFIGHTERS, LOCAL 1109, IAFF," was presented.

There was no one present for public comment on this matter.

Motion by Councilmember Bloom, seconded by Mayor Pro Tem McKeown, to adopt resolution, 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

12-A: Request from Thomas Carter to address Council regarding disclosure of public documents, was presented.

On order of the Mayor, the information received and filed as Mr. Carter was not present.

13-A: Appointment to one annual vacancy on the Airport Commission for a term ending June 30, 2006. (Continued from June 25, 2002.)

On order of the Mayor, this matter was continued to August 13, 2002.

Members of the public Brian Hutchings and Pam Vavra discussed various issues.

On order of the Mayor, the City Council recessed at 11:50 p.m., reconvened at 1:15 a.m., and then continued the meeting on closed sessions to Thursday, July 11, 2002, at 5:30 p.m.

On order of the Mayor, the City Council reconvened on Thursday, July 11, 2002, at 5:40 p.m., to continue consideration of closed sessions, and reconvened at 6:40 p.m. to report the following action taken:

2-A: Conference with Legal Counsel - Existing Litigation: Chateau 16th Street v. City of Santa Monica, Case No. BS 065985.