(NOT APPROVED)

(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

MAY 14, 2002

A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem McKeown at 6:00 p.m., on Tuesday, May 14, 2002, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Pro Tem Kevin McKeown

Councilmember Richard Bloom

Councilmember Ken Genser (arrived at 8:14 p.m.)

Councilmember Herb Katz

Councilmember Pam O=Connor

Absent: Mayor Michael Feinstein

Councilmember Robert T. Holbrook

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

CONVENE/PLEDGE

On order of the Mayor Pro Tem, the City Council convened at 6:00 p.m., with Mayor Feinstein and Councilmembers Genser and Holbrook absent. Councilmember Katz led the assemblage in the Pledge of Allegiance.

CONSENT CALENDAR:

All items were considered and approved in one motion unless removed by a Councilmember for discussion. On order of the Mayor, Item 1-C was withdrawn from the Consent Calendar at the request of staff.

Motion by Councilmember Katz, seconded by Councilmember O=Connor, to approve all items on the Consent Calendar as presented except 1-C, amending the minutes for minor administrative corrections, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Holbrook, Genser, Mayor Feinstein

MINUTES

1-A: Minutes of April 9, 2002, City Council meeting, were approved, as amended.

LIBRARY IMPROVEMENTS

1-B: Additional design services for the Branch Library Improvements Project B recommendation to authorize the City Manager to negotiate and execute an amendment to existing contract with Killifer Flammang Purtill Architects, in the amount of $13,685, for additional design services for the Branch Library Improvements projects, was approved.

BBB ADVERTISING CONCESSION

1-C: Contract for Big Blue Bus Transit Advertising Concession B recommendation to terminate the current agreement 7484 (CCS) with Gateway Outdoor Advertising; and authorize the City Manager to negotiate and execute a contract with Viacom Outdoor Group, Inc., for the transit bus advertising concession, was withdrawn at request of staff.

AIRPORT PARK EIR

1-D: Environmental analysis for the Airport Park EIR B recommendation to authorize the City Manager to execute an amendment to Contract No. 7521 (CCS) with Culbertson, Adams & Associates, in the amount of $71,825, to prepare additional environmental analysis necessary for the projects, was approved.

BUS BENCHES

1-E: Purchase of 250 bus stop benches - recommendation to award purchase order to Landscape Forms, Inc., in the amount of $355,272.56, for 250 bus stop benches for Transit Services Division, Big Blue Bus Department, was approved.

RAND CORPORATION

1-F: Tieback License Agreement with Rand Corporation B recommendation to authorize the City Manager to negotiate and execute Tieback License Agreement No. 8107 (CCS) with the RAND Corporation to allow for tieback encroachments necessary for the development of the new RAND Headquarters, was approved.

837-839 18^TH STREET

1-G: Resolution and subdivision agreement for 837- 839 18^th Street B recommendation to authorize the City Manager to negotiate and execute Subdivision Improvement Agreement No. 8113 (CCS) and adopt Resolution No. 9759 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 53277 FOR A 5-UNIT CONDOMINIUM PROJECT AT 837-839 18^TH STREET,@ was approved.

CLOSED SESSIONS

On order of the Mayor, the City Council recessed at 6:15 p.m., and reconvened at 6:50 p.m., to report the following action taken:

2-A: Conference with Legal Counsel B Existing Litigation: Action Apartment Association v. City of Santa Monica, Case No. BC 271 062.

ACTION: Heard. No reportable action taken.

2-B: Conference with Legal Counsel B Existing Litigation: Penny Mirsky V. City of Santa Monica, Case No. SC 067 123.

ACTION: Not heard.

2-C: Conference with Legal Counsel B Existing Litigation: Andy and Rachel Goldberg B. Planning Commission, et al., Case No. SS 020 548.

ACTION: Heard. No reportable action taken.

2-D: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 01CC04331.

ACTION: Heard. No reportable action taken.

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

Number of Cases: Four.

ACTION: One case heard. No reportable action taken.

STUDY SESSION:

MAIN LIBRARY SCHEMATIC DESIGN (Councilmember Genser arrived at 8:14 p.m.)

3-A: Review Main Library Schematic Design Report B recommendation to review draft schematic design plan for the new Main Library and provide comments and feedback to staff, as appropriate, was presented.

The following members of the public commented on various aspects of the design: Michele Wittig, Barbara Inatsugu, Darlene Evans, Nat Trives, Miriam Goldsmith, Oscar de la Torre, Jerry Rubin, Roger Genser, and Sindy Hawke.

Study session held. Discussion ensued on the proposed Design and on comments made at public comment. On order of the Mayor Pro Tem, the information was received and filed.

SPECIAL ITEMS:

HISTORIC PRESERVATION

4-A: Proclamation declaring May 13-17, 2002, AHistoric Preservation Week@ in the City of Santa Monica.

On order of the Mayor Pro Tem, the proclamation was issued.

DAY OF THE TEACHER

4-B: Proclamation honoring Santa Monica Teachers on the occasion of May 8th's "Day of the Teacher."

On order of the Mayor Pro Tem, the proclamation was issued.

ORDINANCES:

CODE ENFORCEMENT FINES/PENALTIES

7-A Second reading and adoption of Ordinance No. 2032 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE CHAPTERS 1 AND 8 RELATING TO CODE ENFORCEMENT AND THE IMPOSITION OF ADMINISTRA-TIVE FINES AND ADMINISTRATIVE PENALTIES,@ was presented.

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

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

NOES: None

ABSENT: Councilmember Holbrook, Mayor Feinstein

STAFF ADMIN. ITEMS:

MUNICIPAL ELECTION

8-A: Adoption of Resolutions for the Regular Municipal Election to be held on November 5, 2002 B recommendation that the City Council adopt Resolution No. 9760 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA TO CALL FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2002,@ Resolution No. 9761 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION,@ Resolution No. 9762 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING SERVICES FROM THE L.A. COUNTY REGISTRAR-RECORDER FOR THE GENERAL MUNICIPAL ELECTION,@ and Resolution No. 9763 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY CLERK TO OBTAIN CONSULTANT SERVICES AND SUPPLIES REQUIRED FOR THE CONDUCT OF THE ELECTION,@ was presented.

There was no one present for public comment.

Motion by Councilmember Katz, seconded by Councilmember Bloom, to adopt resolutions, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook, Mayor Feinstein

STATE HOUSING ELEMENT REFORM

8-B: Authorization to advocate State Housing Element reform policies consistent with adopted City Housing Policy and to oppose AB 1866 (exempts second units in the single family districts from local development standards) and AB 2292 (prohibits cities from applying development standards that prevent developments from reaching general plan residential densities and allows attorneys= fees for cases challenging the development standards), was presented.

There was no one present for public comment.

Motion by Councilmember Bloom, seconded by Councilmember O=Connor, to approve recommendation, amended so that in conjunction with the 3 principles stated in the report, to advocate for recognition that this jurisdiction and others are built out and have been built out for decades, and unlike most in the State, this jurisdiction is firmly committed to affordable housing. The motion was approved by the following vote:

AYES: Councilmember Katz, Genser, Bloom, O=Connor, Mayor Pro Tem McKeown

NOES: None

ABSENT: Councilmember Holbrook, Mayor Feinstein

TORCA CHARTER AMENDMENT

8-C: Proposed amendment to the Santa Monica City Charter Section 2009 to allow all TORCA tax revenues to be used for low income housing B recommendation to consider the proposed amendment for submission to the voters, was presented.

Members of the public Paul DeSantis and Jason Parry spoke in support of the proposal and provided some suggestions.

Motion by Councilmember Bloom, seconded by Councilmember Genser, to approve staff recommendation and place matter on the November 5, 2002, municipal election ballot. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook, Mayor Feinstein

On order of the Mayor Pro Tem, staff was directed to analyze and return with a report on the suggestions made by Mr. Parry during public comment regarding possible changes to the program to facilitate participation.

PUBLIC HEARINGS:

BBB FARE ADJUSTMENTS

9-A: Public Hearing and Adoption of proposed Big Blue Bus Fare Adjustments - recommendation that the City Council hold a public hearing, receive public comment, and adopt the proposed adjusted fares for Santa Monica=s Big Blue Bus effective July 1, 2002, was presented.

The following members of the public spoke to the proposal: Joey Fullmer, Lynne Brenstein, Jerry Rubin, David Haltman, Sindy Hawke, Joe Natoli and Reina Alvarez.

Motion by Councilmember O=Connor, seconded by Councilmember Katz, to approve the proposed rate increase.

Discussion ensued on the various aspects of the proposal. After considerable deliberation, Councilmember O=Connor withdrew her motion.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember O=Connor, to increase the local cash fare to $.75 cents; the token little blue card to increase to $.70 cents; the student, senior/disabled and student will remain at current fare; line 10 express regular increase to $1.75; line 10 express senior/medicare remain at $.60; Line 10 express disabled remain at $.25; interagency transfer remain at $.25; and transfer will remain free. The motion was approved by the following vote:

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

NOES: Councilmember Genser

ABSENT: Councilmember Holbrook, Mayor Feinstein

WRITTEN COMMUNICATIONS:

HOUSING/MIXED USE EXEMPTION

12-A: Request of Christopher Harding, on behalf of Jose Sigal, to modify the housing/mixed-use exemption in Ordinance 1999, an ordinance which lowered the development review thresholds in most commercial districts, was presented.

Members of the public Arthur Harris and Ellen Brennan expressed their concerns to the request.

Motion by Councilmember Katz, to direct staff to consider the request and return with an ordinance. The motion failed for lack of a second.

On order of the Mayor Pro Tem, the information was received and filed.

COUNCIL ITEMS:

BUILDING & SAFETY COMMISSION

13-A: Appointment to one annual vacancy on the Building & Safety Commission for a term ending June 30, 2005.