CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JULY 14, 1998

A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 6:20 p.m., on Tuesday, July 14, 1998, in the Council Chambers.

Roll Call: Present: Mayor Robert T. Holbrook

Mayor Pro Tem Pam O'Connor

Councilmember Ruth Ebner

Councilmember Michael Feinstein

Councilmember Ken Genser

Councilmember Asha Greenberg

Councilmember Paul Rosenstein

Also Present: City Manager John Jalili

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

CLOSED SESSIONS: At 6:20 p.m., Council adjourned to Closed Session to consider the following:

16-A: Conference with Real Property Negotiator:

Property: 1602 Ocean Avenue, Santa Monica (Lobster Property)

Negotiating Parties: Howard Robinson, City representative

Myron L. and Lorraine Nathan, and John B. Kilbane & Associates, Inc.,

Owners of record

Under negotiation: Option for acquisition of real property

ACTION: No reportable action taken.

16-B: Conference with Real Property Negotiator:

Property: 1310 Broadway, Santa Monica

Negotiating Parties: Howard Robinson, City representative

Santa Monica Ford, owner of record

Under negotiation: Option for acquisition of real estate property

ACTION: No reportable action taken.

16-C: Conference with Real Property Negotiator:

Property: 2115 Pico Boulevard, Santa Monica

Negotiating Parties: Howard Robinson, City representative

James Pico Investment Company, owner of record

Under negotiation: Option for acquisition of real estate property

ACTION: No reportable action taken.

16-D: Conference with Legal Counsel - Existing Litigation: Ring Trading Corporation v. City of Santa Monica, LASC Case No. BC 172044.

ACTION: No reportable action taken.

16-E: Conference with Legal Counsel - Existing Litigation: Mountain View Residents Association et al., v. City of Santa Monica, Case No. SC 052672.

ACTION: No reportable action taken.

16-F: Conference with Legal Counsel - Existing Litigation: Steichen v. City of Santa Monica, Case No. SC 041 545.

ACTION: No reportable action taken.

16-G: Conference with Legal Counsel - Existing Litigation: Charmont v. City of Santa Monica, Case No. SS 007397.

ACTION: No reportable action taken.

16-H: Conference with Legal Counsel - Existing Litigation: Wil-Fourth v. City of Santa Monica, Case No. BS 045458.

ACTION: No reportable action taken.

16-I: Conference with Legal Counsel - Existing Litigation: Kamal v. City of Santa Monica, Case No. CV 95-1025 ABC.

ACTION: No reportable action taken.

16-J. Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council, et al., v. City of Santa Monica.

ACTION: No reportable action taken.RECONVENE Council reconvened at 7:24 p.m., with all Councilmembers present.

PLEDGE Mayor Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the United States of America.

Mayor Holbrook announced that Item No. 10-A will be continued to the meeting of August 11, 1998, and Item No. 13-A was withdrawn at the request of Mr. Harding.

SPECIAL JOINT MEETING:

At 7:25 p.m., a Special Joint Meeting of the City Council and Redevelopment Agency was convened.

RA-1: CONTRACT FOR PICO BOULEVARD STREETSCAPE IMPLEMENTATION PLAN: Presented was the staff report recommending authorization for the Executive Director to negotiate and execute an amendment to professional services contract with Katherine Spitz Associates Inc., in an amount not to exceed $75,794, to design and prepare the Pico Boulevard Streetscape Plan.

On order of the Mayor, the public hearing was opened. Member of the public Joey Fullmer expressed her concerns. There being no further speakers, the public hearing was closed.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to approve the amendment to Contract No. 6607(CCS). The motion was approved by the following vote:

Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Genser, Feinstein, Vice Chair O'Connor, Chair Holbrook

Noes: None

Absent: None

At 7:30 p.m., the City Council/Redevelopment Agency Special Joint Meeting was adjourned and the City Council Meeting was reconvened.

5: CONTINUED ITEMS:

5-A: LOS ANGELES COUNTY WEST VECTOR CONTROL VACANCY: Member of the public Brian Hutchings urged Council to make the appointment.

The appointment for a term ending December 31, 1999, was continued to September 8, 1998, as a "5" item.

5-B: COMMISSION ON OLDER AMERICANS VACANCY: Mayor Holbrook opened the floor to nominations to the Commission on Older Americans.

Councilmember Greenberg nominated Joseph Cahn. There being no other nominations, nominations were closed. On a call for the vote, Joseph Cahn was unanimously appointed for a term ending June 30, 2000.

5-C: PLANNING COMMISSION VACANCY: Mayor Holbrook opened the floor to nominations to the Planning Commission.

Councilmember Rosenstein nominated Matthew Kanny. Councilmember Feinstein nominated Chris Joseph. There being no other nominations, nominations were closed. On a call for the vote, Matthew Kanny was appointed to the Planning Commission for a term ending June 30, 2000, with Councilmembers Feinstein and Genser, and Mayor Pro Tem O'Connor changing their "no" votes to "yes" votes for a unanimous appointment.

5-D: ANNUAL APPOINTMENTS TO THE FOLLOWING BOARD AND COMMISSION VACANCIES FOR TERMS EXPIRING JUNE 30, 1998:

Mayor Holbrook opened the floor to nominations to the Airport Commission.

Councilmember Genser nominated Todd Cleary for reappointment. There being no other nominations, nominations were closed. Motion by Councilmember Genser, duly seconded, to reappoint Todd Cleary for a term ending June 30, 2002. The motion was unanimously approved by voice vote.

Mayor Holbrook opened the floor to nominations to the Architectural Review Board.

Councilmember Greenberg nominated Allison St. Onge for reappointment. There being no other nominations, nominations were closed. Motion by Councilmember Genser, duly seconded, to reappoint Allison St. Onge for a term ending June 30, 2002. The motion was unanimously approved by voice vote.

Councilmember Genser nominated Chris Joseph for appointment to the Architectural Review Board. There being no other nominations, nominations were closed. On a call for the vote, Chris Joseph was unanimously appointed for a term ending June 30, 2002.

Two appointments to the Arts Commission were continued to August 11, 1998, as "5" items.

Mayor Holbrook opened the floor to nominations to the Building and Safety Commission.

Councilmember Genser nominated Myra Burg and Mark Benjamin for reappointment. There being no other nominations, nominations were closed. On a call for the vote, Myra Burg and Mark Benjamin were reappointed for terms ending June 30, 2001.

One appointment to the Building and Safety Commission was continued pending term limit policy.

Mayor Holbrook opened the floor to nominations to the Commission on Older Americans.

Motion by Councilmember Greenberg, duly seconded, to reappoint Dr. Adele Somers by acclamation. The motion was unanimously approved by voice vote.

Councilmember Feinstein nominated Ruth Olay. There being no other nominations, nominations were closed. On a call for the vote, Ruth Olay was appointed for a term ending June 30, 2002, Councilmember Ebner abstaining.

Councilmember Greenberg nominated Melva Heinsohn. There being no other nominations, nominations were closed. On a call for the vote, Melva Heinsohn was appointed for a term ending June 30, 2002.

Mayor Holbrook opened the floor to nominations to the Commission on the Status of Women.

Mayor Pro Tem O'Connor nominated Maria Leon-Vazquez and Kathleen Sheldon for reappointment. There being no other nominations, nominations were closed. On a call for the vote, Maria Leon-Vazquez and Kathleen Sheldon were unanimously approved for reappointment for terms ending June 30, 2002.

Mayor Holbrook opened the floor to nominations to the Convention and Visitors Bureau.

Councilmember Rosenstein nominated Jeanne Baier, Eric Hanks and Rodney Punt for reappointment. There being no other nominations, nominations were closed. On a call for the vote, Jeanne Baier, Eric Hanks, and Rodney Punt were reappointed for terms ending June 30, 2001.

Mayor Holbrook opened the floor to nominations to the Housing Commission.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to reappoint Jason Perry for a term ending June 30, 2002, and continue the appointment for Karen Paley until the general policy for boards and commissions is considered. The motion was unanimously approved.

Mayor Holbrook opened the floor to nominations to the Landmarks Commission.

Councilmember Genser nominated James Lunsford, Stephen Frew and Mary Kay Hight for reappointment. There being no other nominations, nominations were closed. On a call for the vote, the vote was unanimously approved and James Lunsford, Stephen Frew, and Mary Kay Hight were appointed for terms ending June 30, 2002.

Mayor Holbrook opened the floor to nominations to the Library Board.

Councilmember Greenberg nominated Sue Alexopoulous for reappointment. There being no other nominations, nominations were closed. On a call for the vote, Sue Alexopoulous was unanimously appointed for a term ending June 30, 2002.

One appointment to the Library Board was continued to July 21, 1998, as a "5" item.

Mayor Holbrook opened the floor to nominations to the Personnel Board.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to continue the appointment to the Personnel Board for a term ending June 30, 2003, to July 21, 1998, as a "5" item. The motion was unanimously approved by voice vote.

Mayor Holbrook opened the floor to nominations to the Planning Commission.

Councilmember Genser nominated John Zinner for reappointment. There being no other nominations, nominations were closed. On a call for the vote, John Zinner was unanimously reappointed for a term ending June 30, 2002.

Mayor Holbrook opened the floor to nominations to the Recreation and Parks Commission.

Councilmember Feinstein nominated Steven Mount for reappointment. There being no other nominations, nominations were closed. On a call for the vote, Steven Mount was unanimously reappointed for a term ending June 30, 2002.

Councilmember Feinstein nominated Susan Cloke. There being no other nominations, nominations were closed. On a call for the vote, Susan Cloke was appointed for a term ending June 30, 2002.

Mayor Holbrook opened the floor to nominations to the Social Services Commission.

Councilmember Feinstein nominated Karen Gunn and Lee Mizell for reappointment. There being no other nominations, nominations were closed. On a call for the vote, Karen Gunn and Lee Mizell were reappointed for terms ending June 30, 2002.

5-E: APPOINTMENT TO UNSCHEDULED VACANCY ON THE CONVENTION & VISITORS BUREAU: Motion by Councilmember Genser, seconded by Councilmember Feinstein, to continue the appointment to an unscheduled vacancy for a term ending June 30, 2000, to July 21, 1998, as a "5" item. The motion was unanimously approved by voice vote.

5-F: APPOINTMENT TO UNSCHEDULED VACANCY ON THE ARTS COMMISSION: Motion by Councilmember Rosenstein, duly seconded, to continue the appointment to an unscheduled vacancy to August 11, 1998, as a "5" item.

5-G: APPOINTMENT TO UNSCHEDULED VACANCY ON THE RECREATION AND PARKS COMMISSION: Motion by Councilmember Feinstein, duly seconded, to continue the appointment to July 21, 1998, as a "5" item. The motion was unanimously approved by voice vote.

CONSENT CALENDAR:

The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion.

Members of the public Joey Fullmer and Brian Hutchings addressed items on the Consent Calendar.

At the request of Councilmember Feinstein Item Nos. 6-A and 6-C were removed from the Consent Calendar. At the request of Mayor Holbrook Item No. 6-M was removed from the Consent Calendar.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor to approve the Consent Calendar, with the exception of Items Nos. 6-A, 6-C, and 6-M, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein, Ebner, Mayor Pro Tem O'Connor, and Mayor Holbrook

Noes: None

Absent: None

6-B: EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994 EARTHQUAKE DAMAGE): Resolution No. 9285(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted. Staff Report

6-D: CONTRACT WITH CALTRANS FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT LINCOLN BOULEVARD AND MICHIGAN AVENUE INTERSECTION: Contract No. 7289 was approved, thereby executing a cooperative agreement with the State of California Department of Transportation for the installation of a traffic signal and related work at the intersection of Lincoln Boulevard and Michigan Avenue; and a change order to Contract No. 6543(CCS) with C. T. & F. was approved in the amount of $150,000 for the construction of a traffic signal and related work at said intersection; and staff was directed to take budget action as outlined in the report. Staff Report

6-E: CONTRACT FOR PLAN CHECK AND INTERIM BUILDING OFFICIAL SERVICES FOR THE BUILDING AND SAFETY DIVISION: Contract No. 7289(CCS) was approved with Willdan Associates, in an amount not to exceed $403,560, to provide plan check and interim Building Official services for the Building and Safety Division. Staff Report

6-F: AMENDMENT TO ADVERTISING CONTRACT FOR BIG BLUE BUS FOR INCREASED FEES PAID TO CITY: An amendment to Contract No. 7011(CCS) was approved with Gateway Outdoor Advertising to increase the concession fees paid to the City. Staff Report

6-G: COMMUNITY OUTREACH PLAN FOR AWARENESS OF SUSTAINABLE CITY PROGRAM: Contract No. 7290(CCS) was approved with Rogers and Associates, for an amount not to exceed $50,000, to develop a community outreach plan to increase community awareness of the Sustainable City Program goals and ultimately increase participation. Staff Report

6-H: PURCHASE OF MAINTENANCE AGREEMENT FOR MOTOROLA COMMUNICATION EQUIPMENT: The City Manager was authorized to negotiate and execute a purchase order with Motorola, Inc., for an amount not to exceed $87,000, to provide annual maintenance services for communications equipment in the Police Department; and, notification of an exception to Resolution No. 8966(CCS) regarding doing business with companies doing business in or with Myanmar was given. Staff Report

6-I: CONTRACT FOR STREET RESURFACING PROJECT: 6TH STREET FROM WILSHIRE BOULEVARD TO ARIZONA AVENUE, AND OCEAN PARK BOULEVARD FROM LINCOLN BOULEVARD TO 14TH STREET: Contract No. 7291(CCS) was approved with Sully-Miller Contracting Company, in the amount of $440,634, for the construction of the 1997-98 Federal Street Resurfacing Project No. 1, and budget changes were approved as outlined in the staff report. Staff Report

6-J: CONTRACT FOR INSTALLATION OF NEW STREETLIGHTS AT VARIOUS CITY LOCATIONS: Contract No. 7292(CCS) was approved with C. T. & F., Inc., in the amount of $175,530, for the installation of new streetlights on 23rd from Arizona to Wilshire, 29th Street from Ocean Park to Pearl, on Lincoln from Montana to Alta Avenues, on Princeton from Wilshire to Washington, on Prospect from Marine to end of street, and on Yale from Montana to Washington Avenues, and the expenditure of funds was approved. Staff Report

6-K: REPLACEMENT OF PORTION OF WOODLAWN CEMETERY'S IRRIGATION SYSTEM: Contract No. 7293(CCS) was approved with Karleskint-Crum, Inc., in the amount of $68,875, for the replacement of a portion of Woodlawn Cemetery's irrigation system, and budget changes were approved as outlined in the staff report. Staff Report

6-L: PURCHASE OF SITE AT 1525 EUCLID STREET FOR USE AS NEIGHBORHOOD PARK, COMMUNITY MEETING SPACE, AND HOUSING FOR PERSONS WITH CEREBRAL PALSY AND OTHER DISABILITIES AND AGREEMENT WITH THE STATE OFFICE OF HISTORIC PRESERVATION: Contract No. 7294(CCS) was approved with Los Angeles County, in the amount of $1,200,000, for the purchase of the site at 1525 Euclid Street; Contract No. 7295(CCS) was approved to enter into a long-term lease with United Cerebral Palsy for the housing portion of the existing building; and, Contract No. 7296(CCS) was approved with the State Office of Historic Preservation, and other parties as necessary, that will govern adaptive reuse of existing building currently listed in the City's Historic Resources Inventory. Staff Report

6-A: APPROVAL OF MINUTES: Motion by Councilmember Feinstein, seconded by Councilmember Genser, to approve the minutes of June 9, 1998, and June 16, 1998, and continue the minutes of May 26, 1998, to July 21, 1998, for clarification purposes. The motion was unanimously approved by voice vote.

6-C: DEVELOPMENT OF AFFORDABLE HOUSING AT 502 COLORADO AVENUE: Councilmember Feinstein suggested that appliances in affordable housing be of the highest energy efficiency. Mayor Holbrook asked for assurance that there is no problem with this site as a housing site. Staff Report

Motion by Councilmember Genser, seconded by Mayor Pro Tem O'Connor, to authorize staff to develop an affordable housing project containing forty-two (42) single room occupancy units on the City-owned property located at 502 Colorado Avenue. The motion was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein, Ebner, Mayor Pro Tem O'Connor, and Mayor Holbrook

Noes: None

Absent: None

6-M: OPPOSITION TO PROPOSED STATE LEGISLATION TO EITHER REDUCE OR ELIMINATE STATE VEHICLE LICENSE FEES: Staff provided an update informing Council of new alternatives under discussion at this time and advising that the League of California Cities will be supporting this legislation because the options will either keep the cities whole or have minimal impact. Staff Report

Motion by Councilmember Genser, seconded by Councilmember Ebner, to confirm opposition to the proposed State Vehicle License Fees repeal and join the League of California Cities in its support of the new proposal. The motion was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Greenberg, Ebner, Mayor Pro Tem O'Connor, and Mayor Holbrook

Noes: Councilmember Rosenstein

Absent: None

8: ORDINANCES:

8-A: REVIEW OF DRAFT NEXUS STUDY AND INTRODUCTION OF AFFORDABLE HOUSING PRODUCTION PROGRAM ORDINANCE: Presented was the staff report reviewing the Draft Nexus Study and an ordinance for introduction and first reading adding Chapter 9.56 to the Santa Monica Municipal Code establishing an Affordable Housing Production Program. Staff Report

On order of the Mayor, the public hearing was opened.

Member of the public Kathy Weremiuk spoke in support of the Nexus Study and the proposed ordinance, and clarified some of the recommendations made by the Planning Commission. Member of the public Joey Fullmer expressed her concerns.

Member of the public Howard Jacobs made suggestions regarding fee discounts, spoke in support of the option of having 100% affordable, and allowing City employees to be eligible for the program. Member of the public Kevin McKeown requested that the wording of the demolition ordinance be included in the proposed ordinance.

Members of the public David Pettit and Dennis Zane urged Council to proceed cautiously and seek a second opinion. Member of the public Chris Harding expressed concern with the applicability of the March 1st implementation date; suggested a possible alternative approach; made suggestions with regard to the fees in the commercial and industrial districts.

Member of the public Ken Kutcher expressed concern with the definitions of "Industrial-Commercial District" and "Multi-Family Residential District;" and addressed the on-site option and its calculation in the present ordinance.

There being no other speakers, the Mayor closed the public hearing.

HEAR SPEAKER OUT OF ORDER

On order of the Mayor, a member of the public will be heard out of order in order to accommodate transportation needs.

13-B: ALLEGED VIOLATIONS OF HEALTH, BUILDING & SAFETY CODES, AND AMERICANS WITH DISABILITIES ACT: Member of the public Pro Se showed a video and still photographs of his apartment and alleged violations of Health, Building & Safety Codes, and the Americans with Disabilities Act.

The information was received and filed.

RECESS On order of the Mayor, the City Council recessed at 9:40 p.m., and reconvened at 10:05 p.m., with all members present.

8-A: RESUMED: Staff Report

Motion by Councilmember Greenberg, seconded by Councilmember Ebner, to introduce for first reading the ordinance as recommended by staff.

Motion by Councilmember Genser, accepted as friendly, to amend the motion to provide, as one of the onsite requirements, 100% of the total units of a project for moderate income households in an industrial/commercial district.

Motion by Councilmember Greenberg, seconded by Councilmember Feinstein, to continue the meeting past 11:00 p.m. The motion was unanimously approved by voice vote.

Motion by Councilmember Genser, seconded by Councilmember Greenberg, to amend the motion to replace the words "City housing programs" at the end of Section 9.56.110(c)(1) with the following: "affecting the implementation of Ordinance No. [number of ordinance];" striking Section 9.56.110(c)(2) and renumbering Section 9.56.110(c)(3). The amendment was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein, Mayor Pro Tem O'Connor

Noes: Councilmember Ebner, Mayor Holbrook

Absent: None

Mayor Holbrook requested that the record reflect that he voted "no" on this amendment because there would be an enormous appearance of conflict of interest, whether intended or not.

Councilmember Ebner requested that the record reflect that she voted "no" on this amendment because she believes that it would invite, if not a flat out conflict, the appearance of a conflict and erode public confidence in elected officials.

Motion by Councilmember Rosenstein, accepted as friendly, that the amount of the applicable fee be determined when the application is deemed complete.

Motion by Councilmember Feinstein, accepted as friendly, to amend the motion that non-conforming commercial uses in a residential zone be included in the definition of "vacant."

Motion by Councilmember Feinstein, accepted as friendly, to amend the motion that the appropriate fee discount apply to Category C removals or to add-ons where it preserves existing housing or adds on to existing housing.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to amend the motion to change the definition of "Vacant Parcel" to read as follows: "A parcel which has no structure located on it as of the effective date of this ordinance, or has no structure located on it at the time that a multi-family project is filed with the City's Planning Department; any structures previously on the parcel were demolished after being determined to be a public nuisance by the City; and if the structure on the parcel is a non-conforming commercial use." The motion failed by the following vote:

Ayes: Councilmembers Feinstein, Genser, Mayor Pro Tem O'Connor

Noes: Councilmember Greenberg, Ebner, Mayor Holbrook

Abstain: Councilmember Rosenstein

Absent: None

Motion by Councilmember Ebner, accepted as friendly, to amend the motion by amending the last sentence of the definition of "Maximum Affordable Rent" to read: "Notwithstanding the foregoing, utility charges for any utilities, to the extent individually metered for each unit in the project, may be passed through..."

Motion by Councilmember Greenberg, accepted as friendly, to amend the motion to change the word "shall" to "may" in the first line of Section 9.56.070(b) so that it reads: "For purposes of this Section, the affordable housing unit base fee may be established..."

Motion by Councilmember Genser, accepted as friendly, to amend the motion to add the following language to the end of the fourth sentence in Section 9.56.080: "..., including maximizing the production of affordable housing and disbursing affordable housing throughout the City."

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to amend the motion that no demolition shall be permitted except in accordance with provisions of the Municipal Code which govern demolition. The motion was approved by the following vote:

Ayes: Councilmembers Rosenstein, Genser, Feinstein, Mayor Pro Tem O'Connor

Noes: Councilmember Ebner, Greenberg, Mayor Holbrook

Absent: None

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

Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Genser, Feinstein, Mayor Pro Tem O'Connor, Mayor Holbrook

Noes: None

Absent: None

By virtue of the above action, an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 9.56 TO THE SANTA MONICA MUNICIPAL CODE ESTABLISHING AN AFFORDABLE HOUSING PRODUCTION PROGRAM," was introduced for first reading by title only, waiving further reading thereof.

9: STAFF ADMIN ITEMS:

Councilmember Ebner was excused at 11:50 p.m.

Councilmember Rosenstein was excused at 11:52 p.m.

Councilmember Greenberg was excused 11:55 p.m.

9-A: APPROVAL OF FINAL DESIGN FOR DRY WEATHER RUNOFF RECLAMATION FACILITY: Presented was the staff report recommending approval of the final design for the Dry Weather Runoff Reclamation Facility. Staff Report

On order of the Mayor, the public hearing was opened. Member of the public Brian Hutchings expressed his concerns. There being no other speakers, the Mayor closed the public hearing.

Motion by Councilmember Feinstein, died for lack of a second, to approve the final design of the Dry Weather Runoff Reclamation Facility.

Motion by Mayor Holbrook, seconded by Mayor Pro Tem O'Connor, to continue this item to the meeting of July 21, 1998. The motion was unanimously approved by voice vote, Councilmembers Ebner, Greenberg, and Rosenstein absent.

10: PUBLIC HEARINGS:

10-A: STREET RESURFACING PROPOSITION 218 ASSESSMENT ELECTION: The public hearing to accept the certified results of the 1997-98 Street Resurfacing Proposition 218 assessment election and the request to approve the use of City funds for the project was continued to the meeting of August 11, 1998.

13: WRITTEN COMMUNICATIONS:

13-A: PROPOSED MIXED-USE DEVELOPMENT: The request of Chris Harding, representing Pioneer French Bakery Company, to address Council regarding a proposed mixed-use development of the property located at 2012 Main Street and 2021-2029 Main Street, was withdrawn at Mr. Harding's request.

13-C: PROBLEMS WITH SANTA MONICA POLICE DEPARTMENT: Presented was the request of Cynthia Sinclair to address Council regarding problems she has encountered with the Santa Monica Police Department.

Member of the public Viper discussed problems she has had with the Santa Monica Police Department.

This matter was referred to staff.

13-D: SANTA MONICA HISTORICAL SOCIETY MUSEUM: The request of Louise Gabriel, Santa Monica Historical Society Museum, to address Council was continued to the meeting of July 21, 1998, at Ms. Gabriel's request.

14: COUNCILMEMBER DISCUSSION ITEMS:

14-A: ELECTED MAYOR: Presented was the request of Mayor Holbrook that Council direct staff to prepare language for a Charter Amendment measure to be placed on the November 3, 1998, General Election to allow voters to vote for a Mayor every four years.

Member of the public Jerry Rubin spoke in opposition to the proposal. Member of the public Brian Hutchings expressed his concerns.

Motion by Councilmember Genser, seconded by Mayor Pro Tem O'Connor, to receive and file. The motion was unanimously approved, Councilmembers Ebner, Greenberg, and Rosenstein absent.

14-B: RESIGNATION FROM THE COMMISSION ON THE STATUS OF WOMEN: Motion by Councilmember Genser, seconded by Mayor Pro Tem O'Connor, to accept with regrets the letter of resignation from Adine Forman and authorize the City Clerk to publish the vacancy. The motion was unanimously approved, Councilmembers Ebner, Greenberg, and Rosenstein absent.

14-C: APPOINTMENT TO BAYSIDE DISTRICT CORPORATION: Motion by Councilmember Genser, seconded by Councilmember Feinstein, to continue the appointment to one unscheduled vacancy for a term ending June 30, 1999, to the meeting of July 21, 1998. The motion was unanimously approved, Councilmembers Ebner, Greenberg, and Rosenstein absent.

14-D: APPOINTMENT TO SOCIAL SERVICES COMMISSION: Member of the public Jerry Rubin urged Council to fill this vacancy with either a currently or formerly homeless person.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to continue the appointment to one unscheduled vacancy to the meeting of July 21, 1998. The motion was unanimously approved, Councilmembers Ebner, Greenberg, and Rosenstein absent.

14-E: APPOINTMENT TO COMMISSION ON OLDER AMERICANS: Motion by Councilmember Genser, seconded by Councilmember Feinstein, to reappoint Dan Cohen and Rose Kaufman by acclamation as Commissioner Emeritus members for terms ending June 30, 2000. The motion was unanimously approved, Councilmembers Ebner, Greenberg, and Rosenstein absent.

14-F: GREEN, RENEWABLE ENERGY FOR CITY HALL USE: Presented was the request of Councilmember Feinstein to direct staff to plan for future purchase of green, renewable energy (i.e., solar electricity) for City Hall use.



Member of the public Brian Hutchings expressed his concerns.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to ask staff to prepare a report addressing the feasibility of the future purchasing green, renewable energy for City Hall use. The motion was unanimously approved, Councilmembers Ebner, Greenberg, and Rosenstein absent.

14-G: TENANT OWNERSHIP CONVERSIONS: Presented was the request of Mayor Holbrook to direct staff to prepare language for a ballot measure to appear on the upcoming November 3, 1998, election to amend the Santa Monica City Charter to make tenant ownership conversions possible.

Member of the public Kelly Olsen discussed potential problems associated with such a program and urged a broader public process before any action is taken. Member of the public Eileen Lipson expressed concern with this proposal being immediately placed on the ballot without a broader process.

Motion by Mayor Holbrook, seconded by Councilmember Feinstein, to receive and file. The motion was unanimously approved, Councilmembers Ebner, Greenberg, and Rosenstein absent.

14-H: INCIDENTAL FOOD USE ON MAIN STREET: Presented was the request of Mayor Holbrook to direct staff to amend the appropriate zoning ordinance to allow incidental food use on Main Street.

Member of the public Joe Pipersky spoke in support of the proposal.

Motion by Councilmember Genser, seconded by Mayor Holbrook, to direct staff to provide an informational report with options regarding this issue. The motion was unanimously approved, Councilmembers Ebner, Greenberg, and Rosenstein absent.

14-I: RESIGNATION FROM THE COMMISSION ON THE STATUS OF WOMEN: Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to accept with regrets the letter of resignation from Julia Coleman and authorize the City Clerk to publish for the vacancy. The motion was unanimously approved, Councilmembers Ebner, Greenberg, and Rosenstein absent.

15: PUBLIC INPUT: Member of the public Chuck Allard complained of a noise problem in his neighborhood and requested a change of zoning in his residential neighborhood, which abuts an M-1 zone.

Member of the public Brian Hutchings expressed his concerns on various issues.

ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 1:30 a.m., to July 21, 1998, at 6:15 p.m., in memory of Nagy Jacob.

ATTEST: APPROVED:

Maria M. Stewart,

City Clerk

Robert T.Holbrook,

Mayor