CITY OF SANTA MONICA

CITY COUNCIL MINUTES

FEBRUARY 11, 2003

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50 p.m., on Tuesday, February 11, 2003, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Richard Bloom, Mayor Pro Tem Kevin McKeown, Councilmember Michael Feinstein
Councilmember Ken Genser, Councilmember Robert T. Holbrook (arrived at 7:00 p.m.), Councilmember Herb Katz (arrived at 6:00 p.m.) Councilmember Pam O'Connor (arrived at 7:00 p.m.)

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 5:50 p.m., with Councilmembers Holbrook, Katz, and O'Connor absent. Assistant City Attorney Joe Lawrence 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.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, to approve all items on the Consent Calendar with the minutes of December 17 and January 14 as amended to typographical errors, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Genser, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Katz, O'Connor

MINUTES
1-A: Approval of minutes of the December 17, 2002, January 9, and January 14, 2003, City Council meetings, were approved.

CLEEP GRANT FUNDS
1-B: Appropriation of California Law Enforcement Equipment Program (CLEEP) Grant funds - recommendation that Council appropriate the 2002 CLEEP allocation of $29,557 and designate fund use for purchase of Cal Photo system licenses and equipment, was approved.

ENVIRONMENTAL EDUCATIONAL SERVICES
1-C: Education and outreach services regarding environmental protection and support of operation of Ocean Discovery Center - recommendation to authorize the City Manager to negotiate and execute Contract No. 8187 (CCS) with Baykeeper and Contract No. 8188 (CCS) with Heal the Bay to provide outreach and educational services to Santa Monica students and support operation of the Ocean Discovery Center at the Santa Monica Pier, was approved.

BUS ADVERTISING CONCESSION
1-D: Recommendation for the City Council to reject all responses received for Transit Bus advertising concession and direct staff to re-issue a modified Request for Proposals, was approved.

Councilmember Katz arrived at 6:00 p.m.

BIG BLUE BUS RADIO FREQUENCY
1-E: Purchase of dispatch radio frequency for the Big Blue Bus - recommendation to authorize the City Manager to negotiate and execute Contract No. 8189 (CCS) with Mobile Relay Associates, in the amount of $302,100, to purchase the radio frequency, was approved.

On order of the Mayor, the City Council recessed at 5:55 p.m., to hear closed sessions with Councilmembers Katz, Holbrook, and O'Connor absent.

CLOSED SESSIONS:

On order of the Mayor, the City Council returned at 6:57 p.m., to report the following action:

Councilmembers Holbrook and O'Connor arrived at 7:00 p.m.

2-A: Conference with Legal Counsel - Existing Litigation: Anthony Maxwell v. City of Santa Monica, Case No. BC 268 069.

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to approve settlement in the amount of $67,500. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSTAIN: Councilmembers O'Connor Holbrook
ABSENT: None

2-B: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 01 CC04331.
ACTION: Not Heard.

2-C: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. SC 074 683.
ACTION: Not Heard.

2-D: Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Six.
ACTION: Four cases heard. No reportable action taken.

SPECIAL AGENDA ITEMS:
4-A: The Santa Monica AYSO Girls Under 12 for winning the 2002 League Championship, were recognized and a commendation of their performance was issued.

ORDINANCES:

LANDMARKS/HISTORIC DISTRICTS
7-A: Second reading and adoption of Ordinance No. 2064 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE CITY'S LANDMARKS AND HISTORIC DISTRICTS ORDINANCE TO CLARIFY LANDMARK COMMISSION'S JURISDICTION AND THE STANDARD FOR REVIEWING CERTIFICATES OF APPROPRIATENESS, TO MAKE PROCEDURAL CHANGES TO THE PROCESS FOR REVIEWING LANDMARK AND HISTORIC DISTRICT APPLICATIONS, TO MODIFY THE PROCESS FOR DESIGNATING A STRUCTURE OF MERIT, AND TO PROVIDE ADDITIONAL INCENTIVES FOR DESIGNATED HISTORIC PROPERTIES," was presented.

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

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

NOES: None

ABSENT: None

DISTRIBUTION OF NEWSLETTERS DURING ELECTIONS
7-B: Introduction and adoption of Ordinance No. 2065 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 11 OF THE MUNICIPAL CODE RELATING TO THE DISTRIBUTION OF NEWSLETTERS DURING CAMPAIGNS AND DECLARING THE PRESENCE OF AN EMERGENCY." was presented.

There was no one present for public comment.

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

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

NOES: None

ABSENT: None

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to direct staff to return with an amendment to the ordinance to allow the printing of the date of any future special election in the City's newsletter. The motion was unanimously approved by voice vote, with all members present.

STAFF ADMIN. ITEMS:

SUSTAINABLE CITY PLAN
8-A: Adoption of the Santa Monica Sustainable City Plan and consideration of governance structure, was presented.

Members of the public Joey Fullmer, Sandy Grant, Barbara Filet, Robert Curtis and David Musser spoke in favor of the Plan.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to adopt the plan as the City's statement of its goals and aspirations. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to direct staff to return with more information and elaboration of legal issues of different types of advisory and non-advisory entities, how a Sustainable City governance structure fits in with existing advisory bodies, and with the financial implications of such an entity. The motion was unanimously approved by voice vote, with all members present.

SMOKE FREE PARKS
8-B: Proposed "Smoke Free Parks" Policy and Direction to staff to prepare necessary ordinance and resolution changes, was presented.

The following members of the public spoke in support of the proposal: Brian Hutchings, Lisa Fu, Taryn Fordes, Dylan Kahla, Robert Berger, Lou Moench, Lori Kaplan, Kimberly Ta, Neil Carrey, Robert Dowin, Steven Gallegos, Jerry Rubin, and Lauren Metzner. Member of the public Joey Fullmer expressed various concerns.

Motion by Councilmember Holbrook, seconded by Councilmember Feinstein, to direct staff to prepare necessary ordinance and resolution changes to make it illegal to smoke within a park's boundaries. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember O'Connor
ABSENT: None

Councilmember O'Connor stated, for the record, that she voted in opposition because existing State law adequately addresses the issue.

WRITTEN COMMUNICATIONS:

PARKING PERMITS
12-A: Request of Bernadette Scully to address Council regarding distribution of parking permits and requesting an amendment to requirement that a vehicle registration address must match the owner's residential address.

On order of the Mayor, this matter was continued to February 25, 2003, at Ms. Scully's request.

COUNCIL ITEMS:

OUTDOOR SEATING IN RESTAURANTS
13-A: Request of Councilmembers Feinstein and O'Connor to review, and potentially modify, city policies related to outdoor restaurant seating and outdoor merchandise, displays and signs.

The following members of the public spoke in support of the request: Gary Gordon, Mark Grunning, Dennis Allord, Judy Abdo, Jane Walker, Jerry Rubin, Joe Pipersky, and A. Holcomb.

Member of the public Kelly Olsen spoke in opposition to reviewing signs and outdoor merchandise and displays.

Considerable discussion ensued regarding existing standards, the need to modify them, and the impact of possible modifications.

Motion by Councilmember Feinstein, seconded by Councilmember O'Connor, to direct staff to prepare an interim ordinance with recommendations effective through summer of 2004 regarding a reasonable number of outdoor dining, landscaping, and street furniture for Main Street, Montana Avenue, Lincoln Boulevard and Third Street Promenade taking into account public safety, aesthetics, ADA requirements and pedestrian friendly design and taking into account the differences in physical dimensions and community preferences for each street and seeking one-time input from the Bayside District Corporation, the Disabilities Commission and any other relevant bodies as necessary and to bring it back to Council soon enough for the ordinance to go into effect before the summer. The motion was unanimously approved by voice vote, with all members present.

Motion by Councilmember Feinstein, seconded by Councilmember O'Connor, to direct staff to prepare an interim ordinance with recommendations effective through summer of 2004 regarding merchandise and signage for Main Street, Montana Avenue, Lincoln Boulevard and Third Street Promenade taking into account public safety, aesthetics, ADA requirements and pedestrian friendly design and taking into account the differences in physical dimensions and community preferences for each street and seeking one-time input frm the Bayside District Corporation, the Disabilities Commission and any other relevant bodies as necessary and to bring it back to Council soon enough for the ordinance to go into effect before the summer. The motion failed by the following vote:

AYES: Councilmembers O'Connor, Holbrook, Feinstein

NOES: Councilmembers Genser, Katz, Mayor Pro Tem McKeown, Mayor Bloom

ABSENT: None

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to direct staff to return with information on how other cities are handling their ordinances regarding merchandise and signage on their commercial corridors and return at the same time as the ordinance approved earlier returns to Council. The motion was approved by the following vote:

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

NOES: Councilmember Genser, Mayor Bloom

ABSENT: None

USA PATRIOT ACT
13-B: Request of Mayor Pro Tem McKeown and Councilmember Genser that in response to the USA Patriot Act the Council adopt Resolution No. 9832 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AFFIRMING SANTA MONICA'S COMMITMENT TO CIVIL LIBERTIES AND SUPPORTING UNABROGATED CITY PROTECTION FOR CONSTITUTIONAL RIGHTS," was presented.

The following members of the public spoke in support of the request: Jan Goodman, Patricia Hoffman, Terry Schiller, Hillary Kay, Bruce Campbell, Tanna Moontaro, Sally Marr, and Peter Dudar.

Member of the public Mike Gruning spoke in opposition to the request.

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

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

NOES: None

ABSENT: None

SAME-SEX MARRIAGES
13-C: Request of Mayor Bloom, Mayor Pro Tem McKeown and Councilmember O'Connor that the Council adopt Resolution No. 9833 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA URGING THE FULL LEGAL RECOGNITION OF SAME-SEX MARRIAGES UNDER CALIFORNIA LAW," was presented.

The following members of the public spoke in support of the request: Bonnie Johnstone, L. J. Carusone, Terence McFodden, Reverend Ernest Pipes, Kris Langabeer, and Devin Donner.

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

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

NOES: None

ABSENT: None

ACCESSIBILITY APPEALS BOARD
13-D: Appointment to one special vacancy on the Accessibility Appeals Board of the Building and Safety Commission, for a term ending June 30, 2005.

On order of the Mayor, this matter was continued to February 25, 2003.

COMMISSION ON OLDER AMERICANS
13-E: Appointment to one special vacancy on the Commission on Older Americans for a term ending June 30, 2003.

On order of the Mayor, this matter was continued to February 25, 2003.

IRAQ
13-F: Request of Mayor Pro Tem McKeown that the Council go on record opposing possible war with Iraq because of numerous negative local impacts.

The following members of the public spoke in support of the request:

Jan Goodman, Patricia Hoffman, Jay Johnson, John Seeley, Ron Kovic, Terry Manpearl, Martin Blank, Tilla Kuenzli, Iris De La O, Max Goldstein, Moises Castillo, Mollie Feilich, Sally Sachs, Daniel Bald, Veronica Maier, Ashton Slater, Russell Sadeghpow, Matt Lord, Harley Rother, Linda Piera-Avila, Jerry Rubin, Kathy McTaggart, Cris Gutierrez, Bonnie Johnstone, Maricela Guzman, Fred Durlesser, Randy Ziglar, Hillary Kaye, Terry Schiller, Bruce Campbell, Judy Abdo, Tanna Moontaro, Sally Marr, Peter Dudar, Myla Reson, Josefina Santiago Aranda, Chris Harding, Sandie Richards, Jim Conn, A.M. Man, Denny Zane, and Dav Henrickson.

Member of the pubic Mike Gruning spoke in opposition to the request.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember O'Connor, to adopt Resolution No. 9834 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA OPPOSING UNITED STATES PREEMPTIVE MILITARY ACTION AGAINST IRAQ," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: Councilmembers Holbrook, O'Connor

PUBLIC INPUT:
There was no one present for public comment.

ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 1:04 a.m., in memory of Ilan Ramon, Rick Husband, Laurel Blair Salton Clark, William C. McCool, David Brown, Kalpana Chawla, and Michael P. Anderson, the crew of the Space Shuttle Columbia, and in memory of Reverend Ronald Williams.

APPROVED:

Richard Bloom, Mayor

ATTEST:

Maria M. Stewart, City Clerk