CITY OF SANTA MONICA

CITY COUNCIL MINUTES

OCTOBER 22, 2002

A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:55 p.m., on Tuesday, October 22, 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 7:00 p.m.)

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 5:55 p.m., with Councilmember Holbrook absent. Councilmember Bloom 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.

Members of the public Joey Fullmer, Pro Se and Brian Hutchings addressed comments to Consent Calendar items.

At the request of Councilmember Katz, Item 1-A was removed from the Consent Calendar.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember O'Connor, to approve all items on the Consent Calendar as presented except 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 O'Connor, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmember Holbrook

1-B: Purchase of Advanced Fleet Management System - recommendation to authorize the City Manager to negotiate and execute Agreement No. 8153 (CCS) with Siemens Transportation Systems, Inc., in the amount of $6,311,245.90, for purchase of the system; and Contract No. 8154 (CCS) in the amount of $939,547, for a five-year maintenance agreement, was approved.

1-C: Resolution No. 9803 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING RESOLUTION NO. 9639 (CCS) TO CONFORM TO STATE GUIDELINES REGARDING THE ADMINISTRATION AND COLLECTION OF LOCAL SALES AND USE TAXES," was adopted.

1-D: Police/Fire Dispatch furnishings for the Public Safety Facility - recommendation to award a purchase order to Evans Consoles, Inc., in the amount of $267,315, to furnish, deliver, and install dispatch furnishings in the new Safety Building, and approve proposed appropriation, was approved.

1-E: Material testing and inspection services for the Public Safety Facility construction - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7969, with Twinings Laboratories, in the amount of $40,000, to provide material testing and inspection services for the Public Safety Building, was approved.

1-F: Provision of various technical services for the Planning Department - recommendation to authorize the City Manager to negotiate and execute: an amendment to Contract No. 7742 (CCS) with Bing Yen and Associates, in the amount of $190,000; an amendment to Contract No. 7740 (CCS) with Esgil Corporation, in the amount of $300,000; and Contract No. 9155 (CCS) with JAS Pacific, in the amount of $300,000, was approved.

1-G: Resolution No. 9804 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING A RECYCLED WATER RATE," was adopted.

1-H: Recommendation to authorize the City Manager to execute a purchase order for provision of imported water supply by the Metropolitan Water District, was approved.

1-I: Citywide co-mingled recycling program - recommendation to expand the existing pilot program of commingled recycling citywide, was approved.

1-J: Authorization to open preliminary discussions for possible acquisition of real property located at 312-316 Santa Monica Boulevard, was approved.

1-K: Resolution No. 9805 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ENDORSING PROPOSITION 46 (HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002)," was adopted.

1-A: The minutes of the July 17, July 23, August 6, and August 13, 2002, City Council meetings were approved, as presented.

Councilmember Katz advised he moved this item from the Consent Calendar because he was absent for the August 13^th meeting and wanted to abstain from action taken on those minutes.

Motion by Councilmember O'Connor, seconded by Councilmember Genser, to approve the minutes as submitted. The motion was approved by voice vote with Councilmember Katz abstaining on the vote for the August 13, 2002 minutes, Mayor Pro Tem McKeown abstaining on the July 17, 2002 minutes due to his absence from that meeting, and with Councilmember Holbrook absent.

Councilmember Holbrook arrived at 7:00 p.m.

On order of the Mayor, the City Council recessed at 6:10 p.m. to discuss closed sessions, and returned at 7:05 p.m., to report the following:

2-A: Conference with Real Property Negotiator.

Property: 312-316 Santa Monica Boulevard

Owner of Record: Serious and Debra Moini

City Negotiator: Mark Richter, Real Estate Manager

Under Negotiation: Acquisition of Real Property

ACTION: Heard. No reportable action taken.

2-B: Conference with Legal Counsel - Existing Litigation: U-Liner West v. Clark Construction, Case No. SC 067 081.

ACTION: Heard. No reportable action taken.

2-C: Conference with Legal Counsel - Existing Litigation: Jaime Cruz v. City of Santa Monica, Case No. CV 01-03261

ACTION: Heard. No reportable action taken.

2-D: Conference with Legal Counsel - Existing Litigation: Peter Boules v. City of Santa Monica, Case No. SC 074 042.

ACTION: Heard. No reportable action taken.

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

ACTION: Heard. No reportable action taken.

2-F: Conference with Legal Counsel - Anticipated Litigation:

Number of cases: Four.

ACTION: Two cases heard. No reportable action taken.

3-A: Main Library Design Update, was presented by staff.

Staff responded to questions from staff. Discussion ensued on the information presented. On order of the Mayor, the information was received and filed.

ACTION: Study session held.

4-A: The Mayor presented a commendation to the Santa Monica Little League Girls Softball team and the Santa Monica Little League Boys team.

7-A: Second reading and adoption of Ordinance No. 2055 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA SPECIFYING REQUIREMENTS FOR THE DISTRIBUTION OF FOOD ON PUBLIC PROPERTY," was presented.

Motion by Councilmember Bloom, 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, Holbrook

NOES: Mayor Pro Tem McKeown, Mayor Feinstein

ABSENT: None

Mayor Pro Tem McKeown stated for the record that he voted against the motion because he does not feel enough time has been taken to assure there is an alternate available for the legitimate needs of seniors on fixed income and others who have relied on these charitable food distributions.

Mayor Feinstein stated for the record that he voted in opposition because although he agrees with the goal of better linking food and other services to those who need them, he believes this is a dishonest use of the law that will not be effective, that will be counterproductive, and will lead the community to false expectations that a problem has been addressed instead of comprehensive solutions that work for everyone.

7-B: Second reading and adoption of Ordinance No. 2056 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA PROHIBITING SITTING OR LYING IN DOWNTOWN DOORWAYS DURING LATE NIGHT AND EARLY MORNING HOURS," was presented.

Motion by Councilmember Bloom, seconded by Councilmember Katz, to adopt 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, Katz, Mayor Pro Tem McKeown, Mayor Feinstein.

NOES: None

ABSENT: None

7-C: Second reading and adoption of Ordinance No. 2057 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTERS 1 AND 8 OF THE MUNICIPAL CODE, EXPANDING THE REQUIREMENTS FOR TENANT PROTECTION DURING CONSTRUCTION, EXPANDING THE SCOPE OF ADMINISTRATIVE CITATIONS, AND AMENDING AND EXPANDING THE REQUIREMENTS FOR THE PLACEMENT OF UNDERGROUND UTILITIES," was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, 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, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: None

7-D: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 13 RELATING TO VEHICLES DISPLAYING CLEAN AIR VEHICLE DECALS AND WAIVING OF PARKING METER FEES," was presented.

Members of the public Jerry Rubin and Robert Curtis spoke in support of the ordinance.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to introduce 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, Katz, Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: None

8-A: Recommendation to Adopt FY 2001-02 and Fiscal Year 2002-03 Budget Changes, Adopt Resolutions Revising Various Building and Safety and Planning related Fees, and Establishing New Classifications and Salary Rates - recommendation to adopt Fiscal Year 2001-02 and Fiscal Year 2002-03 Budget Changes; adopt Resolution No. 9806 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REVISING VARIOUS PERMIT AND USER FEES RELATED TO DEVELOPMENT REVIEW, RECORDS, INSPECTION AND GENERAL SERVICES IN ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT, FIRE, PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENTS AND SETTING NEW USER FEES IN THE COMMUNITY AND CULTURAL SERVICES DEPARTMENT RELATED TO DEVELOPMENT REVIEW AND ESTABLISHING THE COSTS OF STAFFING FOR CODE ENFORCEMENT." and adopt Resolution No. 9807 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING VARIOUS NEW CLASSIFICATIONS AND SALARY RATES," was presented.

Members of the public Joey Fullmer and Brian Hutchings expressed various concerns on the matter.

Motion by Councilmember Katz, seconded by Councilmember O'Connor, to approve staff recommendation related to the budget changes. 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

Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown , to adopt the resolution setting various salaries and classifications as submitted, and the resolution setting fees amended to delete the four lines on the bottom of page E-8 under section "10-Code Enforcement" for Discretionary Permit Monitoring fees, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

On order of the Mayor, the special joint meeting with the Parking Authority and the Redevelopment Agency was adjourned at 10:22 p.m., and the City Council reconvened to a joint meeting with the Redevelopment Agency.

8-B: Resolutions authorizing an agreement for acquisition of Mountain View Mobile Home Park - recommendation that the City Council adopt Resolution No. 9808 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING A COOPERATION AGREEMENT, ACCEPTING GRANT FUNDS; PLACING AFFORDABILITY COVENANTS ON THE MOUNTAIN VIEW MOBILE HOME PARK, AND FINDING THAT THE PROJECT IS OF BENEFIT TO THE EARTHQUAKE RECOVERY PROJECT AREA," and that the Redevelopment Agency adopt Resolution No. 476 (RAS) entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA APPROVING A COOPERATION AGREEMENT, ACCEPTING GRANT FUNDS; PLACING AFFORDABILITY COVENANTS ON THE MOUNTAIN VIEW MOBILE HOME PARK, AND FINDING THAT THE PROJECT IS OF BENEFIT TO THE EARTHQUAKE RECOVERY PROJECT AREA," was presented.

Member of the public Joey Fullmer expressed various concerns.

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

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

NOES: None

ABSENT: None

On order of the Mayor, the special joint meeting with the Redevelopment Agency was adjourned at 10:27 p.m., and the City Council reconvened, with all members present, to its regular meeting.

8-C: Establishment of East-West Commercial Corridor Parking Task Force and authorization to transmit to Santa Monica City College alternative parking scenarios and issues to be evaluated in the Madison Campus Environmental Impact Report, was presented.

Members of the public Joe Weichman, Chuck Allord, Debie Mahdessian, Mark Harding, and Candace McGranahan expressed their views regarding the proposal.

Councilmember Katz requested to be excused from participating in the Santa Monica College portion of the recommendation due to a conflict of interest.

Councilmember Katz was excused at 10:28 p.m.

Motion by Mayor Feinstein, seconded by Councilmember Genser, to transmit to Santa Monica City College alternative parking scenarios and issues to be evaluated in the Madison Campus Environmental Impact Report including an above-ground park and below ground parking. 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

Councilmember Katz returned at 10:45 p.m.

Motion by Mayor Feinstein, seconded by Councilmember Katz, to approve the establishment of a Task Force made up of three (3) Councilmembers and two (2) Planning Commissioners. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

8-D: Revisions to the Planning and Community Development Department Work Program Priorities related to preparing Downtown Design Standards, was presented.

Members of the public Brenda Lehmann, Dan Shendan and Mark Harding spoke in support of the Auto Dealer Standards.

Motion by Mayor Feinstein, seconded by Councilmember Katz, to defer the Antenna Ordinance; to keep the Auto Dealer Standards; and direct staff to return with interim development standards and process for dealing with unusual topography for Sunset Park and North of Wilshire neighborhoods. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

9-A: Public hearing for the formation of Assessment District A on Princeton Street (Montana to Washington Avenues) and District B on Washington Avenue (Princeton to Harvard Streets) - recommendation to hold public hearing, receive public comment, close public hearing and continue to November 12, 2002, to receive certified results on the assessment election, and take action, was presented.

There was no one present for the public hearing. On order of the Mayor, the public hearing was closed, and action on the recommendation was continued to November 12, 2002.

13-A: Appointment to two special vacancies on the Landmarks Commission with terms ending June 30, 2004.

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

Councilmember O'Connor nominated James Rosenfield to the Real Estate Licensee seat and requested to continue the second vacancy to November 12, 2002.

There being no other nominations, Mr. Rosenfield was appointed to one vacancy and the second vacancy was continued as requested.

13-B: Appointment to one annual vacancy on the Commission on the Status of Women for a term ending June 30, 2006, and to one special vacancy for a term ending June 30, 2004.

13-C: Appointment to one special vacancy on the Commission on the Status of Women for a term ending June 30, 2003.

13-D: 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, Items 13-B, 13-C, and 13-D to be acted on concurrently, and the floor was opened for nominations.

Mayor Feinstein nominated Mar Preston to vacancy ending June 30, 2003; Andrea Lipton to term ending June 30, 2004; Geraldine Starr to term ending June 30, 2005; and Tia Skulski to term ending June 30, 2006. There being no other nominations, the nominees were elected by acclamation, with all members present.

13-E: Appointment to three annual vacancies on the Pier Restoration Corporation with terms ending November 14, 2006.

On order of the Mayor, this item was continued to November 12, 2002.

13-F: Request of Councilmember Katz to direct staff to prepare an ordinance modifying the housing exemption in Ordinance No. 1999 (CCS) that lowered development review thresholds in most commercial zoning districts to 7,500 square feet of floor area, which currently exempts housing projects with 25% affordable housing, to instead include the same housing exemption as it contained in the recently enacted ordinance lowering the development review threshold for Santa Monica's downtown, was presented.

Motion by Councilmember Katz, seconded by Councilmember Holbrook, to approve request. The request failed by the following vote:

AYES: Councilmembers Holbrook, Katz

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

ABSENT: None

13-G: Acceptance of Audrey Parker's letter of resignation from the Accessibility Appeals Board of the Building and Safety Commission, and recommendation to authorize the City Clerk to publish the vacancy, was presented.

Motion by Mayor Feinstein, seconded by Councilmember O'Connor, to accept the resignation with regrets and approve recommendation. The motion was unanimously approved by voice vote, with Councilmember Bloom absent.

Councilmember Bloom was excused at 11:55 p.m.

13-H: Request of Mayor Feinstein to support Proposition 47, the Kindergarten-University Public Education Facilities Bond Act of 2002, which will provide $13 billion in facilities and maintenance bonds for California's public schools, colleges and universities, was presented.

Motion by Mayor Feinstein, seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with Councilmember Bloom absent.

13-I: Request of Mayor Feinstein to discuss and take action on the process for nominating City of Santa Monica representatives to the Los Angeles County Metropolitan Transportation Authority Sector Governance Council for the West-Central region, with a target date for nominations of November 12, 2002, was presented.

Motion by Mayor Feinstein, seconded by Councilmember Katz, to approve request. The motion was unanimously approved by voice vote, with Councilmember Bloom absent.

Members of the public Mary Marlow, Mark Kreher, Andrea Bolding Bitler, Mark Alan Bitler, Jeff Weinstein, Douglas Cheek and Taylor Kincaid spoke regarding threshold standards for residential projects.

Members of the public Pro Se, Brian Hutchings, Will B. King and Peter Benjamin addressed various concerns.

On order of the Mayor, the City Council meeting was adjourned at 12:36 a.m. to November 12, 2002.

APPROVED: Michael Feinstein, Mayor

ATTEST: Maria Stewart, City Clerk