(NOT APPROVED)

(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JANUARY 28, 2003

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:55 p.m., on Tuesday, January 28, 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 (arrived at 8:10 p.m.)

Councilmember Robert T. Holbrook (arrived at 7:05 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 Councilmembers Holbrook and Genser absent. City Clerk Maria Stewart 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 Pro Se and Joey Fullmer provided input on Consent Calendar items.

Motion by Councilmember Katz, seconded by Councilmember O=Connor, to approve the Consent Calendar as presented, except Item 1-D, and with an amendment to Condition No. 44 on Item 1-A, as presented in the revised report, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Holbrook, Genser

2512 28^th STREET

1-A: Certification of Statement of Official Action taken for the condominium project located at 2512 28^th Street, was approved as amended.

DONATION OF USED POLICE BICYCLES

1-B: Authorization to donate used police bicycles to Santa Monica High School, was approved.

RECORDS RETENTION

1-C: Resolution No. 9830 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING A CONSOLIDATED CITY-WIDE RECORDS RETENTION SCHEDULE,@ was adopted.

MOVING SERVICES - MAIN LIBRARY

1-E: Provision of moving services for the Main Library B recommendation to award Bid No. 2854 to Beltmann Group, in the amount of $136,845, to provide moving services for the Main Library, was approved.

HISTORICAL SOCIETY FUNDING

1-D: Santa Monica Playhouse and Santa Monica Historical Society Project Funding B recommendation to authorize the City Manager to negotiate and execute Contract No. 8182 (CCS) with the Santa Monica Playhouse and Contract No. 8183 (CCS) with the Santa Monica Historical Society Museum for funds approved during the Fiscal Year 2002-03 Budget approval process, was presented.

Mayor Bloom asked questions of staff regarding the action being taken and the contents of a letter received from the Historical Society. Staff provided information on allocation of the funds.

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

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

NOES: None

ABSENT: Councilmembers Holbrook, Genser

CLOSED SESSIONS:

On order of the Mayor, the City Council recessed at 6:10 p.m., to hear closed sessions and reconvened at 7:05 p.m., with Councilmember Genser absent.

(Councilmember Holbrook arrived at 7:05 p.m.)

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

2-C: Conference with Legal Counsel B Existing Litigation: Observer Newspaper v. City of Santa Monica, Case No. 2 Civil B 155576.

ACTION: Heard. No reportable action taken.

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

Number of cases: Six.

ACTION: Three cases heard. No reportable action taken on one case.

Motion by Councilmember O=Connor, seconded by Mayor Pro Tem McKeown, to approve payment of damages to Joseph Harsh for sewer damage in the amount of $57,439.59. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Genser

Motion by Mayor Pro Tem McKeown, seconded by Councilmember O=Connor, that regarding garage construction project at 2627 30^th Street previously approved by the City, and where a subsequent mistake was discovered and a stop work order was issued by the City, that the stop work order be lifted and allow the completion of the project. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Genser

ORDINANCES:

(Councilmember Genser arrived at 8:10 p.m.)

SUNSET PARK/NO. OF WILSHIRE

7-A: Introduction and first reading of an interim ordinance entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA MODIFYING DEVELOPMENT STANDARDS FOR PARCELS IN THE R-1 DISTRICTS LOCATED IN THE SUNSET PARK AND NORTH OF WILSHIRE NEIGHBORHOODS,@ was presented.

The following members of the public spoke in support of the proposed ordinance: Bob Seldon, Joan Swartz, Donna Meyer, Rick Salzman, Elizabeth Bancroft, Tom Cleys and Eric Parlee.

The following members of the public spoke in opposition to the proposed ordinance and made suggestions: Nora Vasquez and Campbell Odening.

Motion by Mayor Pro Tem McKeown, seconded by Mayor Bloom, to introduce and hold first reading of the ordinance, amended to make the effective date February 24, 2003, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSTAIN: Councilmember Genser

ABSENT: None

Councilmember Genser stated, for the record, that he abstained because he missed most of the discussion.

LANDMARKS/HISTORIC DISTRICTS ORDINANCE

7-B: Introduction and first reading of an ordinance entitled: AAN 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.

The following members of the public spoke in general support of the proposed ordinance and provided suggestions: Elizabeth Bancroft, Nina Fresco, Bea Nemlaha, Ruthann Lehrer, Tom Cleys, Todd Waring, and Roger Genser.

Considerable discussion ensued regarding the proposal, the impact and the public comment received.

Motion by Councilmember Genser, seconded by Mayor Bloom, to introduce and hold first reading of the ordinance, amended to change the A50% + 1" phrase anywhere it occurs in the ordinance to Amajority,@ reading by title only and waiving further reading thereof.

Discussion ensued regarding the timing and completeness of applications, the length of time allowed for holding a hearing on proposed historic districts, and the total time to complete the process.

As a result of the above discussion, Councilmember Genser withdrew his motion.

Motion by Councilmember Genser, seconded by Councilmember Katz, to introduce and hold first reading of the ordinance, amended to change the A50% + 1" phrase anywhere it occurs in the ordinance to Amajority@; amending section (c) on page 8 so that the last line of that section reads

A. . . that the application is complete.@; amending section (e) on page 8 so that the first line reads: ANo later than ninety days from the determination that the application is complete, . . .@; amending section (f) on page 17 to add to the end of the first sentence A. . . but no sooner than 45 days after the public meeting held pursuant to subsection (b) of this Section@: 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 Genser, to direct staff to explore the setting and possibly waiving or altering the fees for nominating landmark properties, and return with recommendations as part of the June budget process taking into account the discussion had at this meeting earlier. The motion was unanimously approved by voice vote, with all members present.

On order of the Mayor, the regular City Council meeting was recessed at 9:19 p.m., and a special joint meeting with the Redevelopment Agency was convened.

STAFF ADMIN. ITEMS:

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY.

MAIN LIBRARY EXPANSION

8-A: Santa Monica Main Library Expansion Project B recommendation to approve guaranteed maximum price of $56,063,066, for demolition and construction of the Main Library Expansion Project; authorization to the City Manager to negotiate and execute Contract No. 8184 (CCS/RAS) with Morley Builders; that City Council adopt Resolution No. 9831 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA DETERMINING AND FINDING THAT THE SUPPLE-MENTAL PUBLIC PARKING PROJECT IS OF BENEFIT TO THE EARTHQUAKE RECOVERY DEVELOPMENT PROJECT AREA,@and the Redevelopment Agency adopt Resolution No. 480 (RAS) entitled: AA RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA DETERMINING AND FINDING THAT THE SUPPLEMENTAL PUBLIC PARKING PROJECT IS OF BENEFIT TO THE EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT AREA@; that City Council and Redevelopment Agency authorize, respectively, the City Manager and the Executive Director to execute Reimbursement Agreement No. 8185 (CCS/RAS) between the City and the Agency for the project; and approve the various proposed budget changes and financing sources, was presented.

Members of the public Jerry Rubin and Sherril Kushner spoke in support of the project.

Discussion ensued on the proposed design, the landscaping, materials used, the option of an escalator, and the cost of the project.

Motion by Mayor Bloom, seconded by Councilmember Feinstein, direct the Planning Commission to take into consideration all comments made tonight and staff to provide a set of plans. The motion was unanimously approved by voice vote, with all members present.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to direct staff to work with architect to humanize and soften the pedestrian experience at ground level.

After subsequent discussion on the motion, the motion was withdrawn.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to direct staff to work with architect to integrate more green and work with finished material at the base. The motion was approved by voice vote, with Councilmembers O=Connor and Holbrook voting in opposition.

Motion by Councilmember Katz, seconded by Councilmember Feinstein, to authorize the City Manager to negotiate and execute a contract with Morley Builders and approve diversion of funds from existing capital projects. 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 O=Connor, to adopt Resolution No. 9831 (CCS), 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 authorize the City Manager to negotiate and execute Reimbursement Agreement No. 8185 (CCS), and approve the proposed budget changes and financing sources. 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

ADJOURNMENT OF SPECIAL MEETING

On order of the Mayor, the Special Joint Meeting was adjourned and the regular City Council meeting reconvened at 11:19 p.m., with all members present.

COUNCIL ITEMS:

Due to the lateness of the hour, and the remaining items on the agenda, on order of the Mayor, Item 13-A was pulled out of order to discuss the possibility of continuing it to another meeting.

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.

Motion by Councilmember Holbrook, seconded by Councilmember Feinstein, that this item return as a Continued Item 5 on February 11.

Discussion ensued on the motion, and the motion was subsequently withdrawn.

Motion by Councilmember Feinstein, seconded by Councilmember O=Connor, to continue this matter to February 11, and hear it before any 12-Items. The motion was approved by voice vote, with Councilmember Genser and Mayor Pro Tem McKeown voting in opposition.

Councilmember Genser stated, for the record, that he voted against the motion because he does not believe it to be a reason to advance something simply because a Councilmember doesn=t want to wait through the normal process proscribed by the Council rules.

Mayor Pro Tem McKeown stated, for the record, that he voted against the motion for the same reason as stated above, and that it should come back as a 13-item for one more cycle before making an exception.

On order of the Mayor, the Council returned to the regular order of the agenda items.

EAST/WEST CORRIDOR PARKING TASK FORCE

8-B: Recommendation to appoint three Councilmembers to the East-West Corridor Parking Task Force, was presented.

Discussion ensued regarding the method for selecting the three Councilmembers, either by slate or drawing straws. At the request of the Mayor, Councilmembers indicated their preference by raising hands, and the drawing of straws was the process selected.

On order of the Mayor, straws were drawn and Councilmembers Genser, Katz and Holbrook were appointed to the East-West Corridor Parking Task Force.

CDGB PROGRAM (Councilmember Feinstein was excused at 11:35 p.m.)

8-C: Funding guidelines and selection criteria, and authorization to release a ARequest for Proposals@ for the FY 2003-2006 Community Development Grant Program, was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember O=Connor, to approve recommendation. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Feinstein

CULTURAL/ARTS GRANTS

8-D: Funding Guidelines and Selection Criteria, and authorization to release a ARequest for Proposals@ for the FY 2003-06 Cultural/Arts Organizational Support Grants, was presented.

The following members of the public spoke in support of grant funds, made suggestions, and requested that the proposals not be restricted to those organizations currently funded, but be opened to all: Greg Spotts, Phyllis Green, Andrew Barrett, Auriel Rudnick, Aron El Coleite, and Mike Kindle.

Motion by Mayor Pro Ten McKeown, seconded by Councilmember Katz, to approve recommendation, amended to open up the proposals to new agencies. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Feinstein

WRITTEN COMMUNICATIONS:

BIG BLUE BUS

12-A: Request of B.A. Gray to address Council regarding concerns related to the Big Blue Bus.

Mr. Gray not being present, on order of the Mayor, the information was received and filed.

ACCESSIBILITY APPEALS BOARD

13-B: 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 11, 2003.

PIER RESTORATION CORPORATION

13-C: Appointment to one special vacancy on the Pier Restoration Corporation, with a term ending November 8, 2005.

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

Councilmember Genser nominated Robert Wilner. There being no other nominations, Mr. Wilner was appointed by acclamation, with Councilmember Feinstein absent.

COMMISSION ON OLDER AMERICANS

13-D: Appointment to one annual vacancy on the Commission on Older Americans for a term ending June 30, 2006, and appointment to one special vacancy for a term ending June 30, 2003.

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

Mayor Bloom nominated Cordula Ohman for the term ending June 30, 2006. There being no other nominations, Ms. Ohman was appointed by acclamation, with Councilmember Feinstein absent.

On order of the Mayor, the second vacancy was continued to February 11, 2003.

ARTS COMMISSION

13-E: Appointment to one special vacancy on the Arts Commission, with a term ending June 30, 2006. (Continued from January 14, 2003.)

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

Mayor Pro Tem McKeown nominated Tom Pratt. There being no other nominations, Mr. Pratt was appointed by acclamation, with Councilmember Feinstein absent.

PUBLIC INPUT:

Members of the public Brian Hutchings and Clifford Stern discussed various concerns.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 12:10 a.m. to February 11, 2003, in memory of Audrey Jones Zane, John Jurenka, and Sylvia Shniad.

ATTEST: APPROVED:

Maria M. Stewart Richard Bloom

City Clerk Mayor