City Council Meeting: 08/11/98

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

AUGUST 11, 1998

A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 6:30 p.m., on Tuesday, August 11, 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

Assistant City Clerk Beth Sanchez

CLOSED SESSIONS: At 6:30 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: 2101 & 2115 Pico Boulevard,

Santa Monica, CA

Negotiating Parties: Howard Robinson, City representative

Plastic Mart, Inc., James Pico Investment

Co., Ralph Nahigian and James Nahigian, owners

Under Negotiation: Option for acquisition of real property

ACTION: No reportable action taken.

16-C: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Andrew Mark Lessman, et al., Case No. BC 191657.

ACTION: Not heard.

16-D: Conference with Legal Counsel - Anticipated Litigation:

Number of cases: Two

ACTION: No reportable action taken.

RECONVENE - PLEDGE Council reconvened at 7:15 p.m., with all Councilmembers present. Councilmember Feinstein led the assemblage in the Pledge of Allegiance to the Flag of the United States of America.

SPECIAL AGENDA ITEM:

4-A: PROCLAMATION OF THANKS TO JUDY GEWERTZ: Mayor Holbrook presented a proclamation of thanks to Judy Gewertz, the Commission on Older Americans, Social Services Commission, and Meals on Wheels - Santa Monica-Malibu-Pacific Palisades organization for providing the Santa Monica Volunteer Directory.

CONTINUED ITEMS:

5-A: ANNUAL APPOINTMENTS TO THE ARTS COMMISSION (2) FOR TERMS ENDING JUNE 30, 2002: Mayor Holbrook opened the floor to nominations to the Arts Commission.

Councilmember Genser nominated Helen Garber.

5-B: APPOINTMENT TO UNSCHEDULED VACANCY ON THE ARTS COMMISSION FOR A TERM ENDING JUNE 30, 1999:

At the request of Councilmember Ebner, Item Nos. 5-A and 5-B were tabled until after the Consent Calendar.

CONSENT CALENDAR: On order of the Mayor, the public hearing for the consent calendar was opened.

Members of the public Joey Fullmer and Mark Espenshade addressed items on the Consent Calendar.

At the request of Councilmember Genser Item No. 6-I was removed from the Consent Calendar. At the request of Councilmember Feinstein Item No. 6-O was removed from the Consent Calendar. At the request of Mayor Holbrook Item No. 6-A was removed from the Consent Calendar.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to approve the Consent Calendar, with the exception of Item Nos. 6-A, 6-I, and 6-O, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Noes: None

Absent: None

6-B: EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994 EARTHQUAKE DAMAGE): Resolution No. 9305(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-C: PURCHASE OF ONE 90-CUBIC YARD TRANSFER TRAILER TO HAUL SOLID WASTE TO VARIOUS LANDFILLS: Bid No. 2693 was awarded to Compaction Control Industries, Inc., for an amount not to exceed $78,300.24, to furnish and deliver one 90-cubic yard transfer trailer for the Solid Waste Division, Environmental and Public Works Management Department. Staff Report

6-D: PURCHASE OF TWO SWEEPER/SCRUBBERS TO CLEAN SIDEWALKS, PARKING STRUCTURES, ALLEYS AND RIGHTS-OF-WAY: Bid No. 2696 was awarded to Yale/Chase, for an amount not to exceed $60,587.52, to furnish and deliver two new sweeper/scrubbers for Environmental and Public Works Management Department. Staff Report

6-E: PURCHASE OF THREE PORTABLE AIR COMPRESSORS TO OPERATE PNEUMATIC TOOLS AND EQUIPMENT: Bid No. 2699 was awarded to Ingersoll Rand Company, in an amount not to exceed $40,944.48, to furnish and deliver three new 185 CFM portable air compressors to be used by the Resource Management Department and Environmental and Public Works Management Department. Staff Report

6-F: PURCHASE AND INSTALLATION OF SECURITY CAMERAS ON CITY BUSES: Bid No. 2704 was awarded to Prima Facia, Inc., at specified unit prices, to furnish, deliver and install security cameras on buses for the Transportation Department. Staff Report

6-G: PURCHASE OF ONE FOUR-WHEEL DRIVE ARTICULATING TOOL CARRIER TO TRANSPORT MATERIALS, DIG, REMOVE ASPHALT, TREE ROOTS, CLEANUP DIRT AND DEBRIS FROM THE CALIFORNIA INCLINE: Bid No. 2708 was awarded to SMA Equipment, for an amount not to exceed $102,432.80, to furnish and deliver one new four-wheel drive articulating carrier for the Street Maintenance Division, Environmental and Public Works Management Department. Staff Report

6-H: PURCHASE OF NEW SKIP LOADER FOR CITY TREE TRIMMING, PLANTING AND REMOVAL PROJECTS: Bid No. 2709 was awarded to Cook Tractor Equipment, for an amount not to exceed $40,920.17, for the purchase of one new skip loader for the Tree Maintenance Division, Community and Cultural Services Department.

6-J: LANDSCAPE MAINTENANCE AT VARIOUS SITES THROUGHOUT THE CITY: Bid No. 2713 was awarded to Landscape West, Inc., at specified unit prices, to provide complete landscape maintenance at various sites throughout the City for the Parks and Sports Division. Staff Report

6-K: PURCHASE OF HOT ASPHALT CONCRETE PAVING MIXES TO REPAIR CITY STREETS: Bid No. 2714 was awarded to Industrial Asphalt, at specified unit prices, to furnish and deliver hot asphalt concrete paving mixes for the Environmental and Public Works Management Department. Staff Report

6-L: PURCHASE OF MISCELLANEOUS FUEL, OIL, WATER, AIR AND HYDRAULIC FILTERS AS REPLACEMENT FILTERS FOR CITY BUSES: Bid No. 2715 was awarded to Muncie Reclamation and Supply Co., at specified unit prices, to furnish and deliver miscellaneous fuel, oil, water, air, and hydraulic filters for the Transportation Department. Staff Report

6-M: PURCHASE OF WINDOW GUARD SYSTEM TO PREVENT VANDALS FROM ETCHING WINDOWS ON CITY BUSES: Bid No. 2717 was awarded to Transit Care, Inc., at specified unit prices, to design, manufacture and install a window guard system on buses for the Transportation Department. Staff Report

6-N: PURCHASE OF SERVICES TO REMOVE AND REPLACE DAMAGED WINDOW GLASS AND PLEXIGLASS WINDOW GUARDS ON CITY BUSES: Bid No. 2716 was awarded to Cinedyne, Inc., at specified prices, for the removal and replacement of damaged window glass and plexiglass window guards. Staff Report

6-P: CONTRACT FOR PROVISION OF CONSTRUCTION AND MANAGEMENT SERVICES OF THE BEACH IMPROVEMENT GROUP (BIG) PROJECT, PALISADES PARK AND SOUTH BEACH IMPROVEMENTS: Contract No. 7308(CCS) was approved with Black & Veatch, in an amount not to exceed $525,000, for construction management of the BIG Project, Palisades Park Improvements (Phase II) and South Beach Improvements. Staff Report

6-Q: CONTRACT FOR PROFESSIONAL SERVICES FOR ADDITIONAL DESIGN FOR THE COASTAL INTERCEPTOR SEWER PROJECT: The Amendment to Contract No. 7216(CCS) was approved with Montgomery Watson Americas, Inc., in an amount not to exceed $582,810, for additional design services required in conjunction with the Coastal Interceptor Sewer Project. Staff Report

6-R: RESOLUTION AUTHORIZING THE PURCHASE OF BUS PARTS IN THE OPEN MARKET: Resolution No. 9306(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACTS FOR THE PURCHASE OF BUS PARTS," was adopted. Staff Report

6-S: RESOLUTION AUTHORIZING AN ALTERNATE RACE ROUTE AND FEE WAIVER FOR ST. MONICA'S CHURCH OCTOBERFAIR 5K RACE ON SEPTEMBER 26, 1998: Resolution No. 9307(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING ST. MONICA'S CHURCH TO CONDUCT THE OCTOBERFAIR 5K RACE ON SEPTEMBER 26, 1998, ON A ROUTE OTHER THAN ONE OF THE OFFICIAL CITY ROUTES AND WAIVING THE FEE FOR THE RACE," was adopted. Staff Report

6-T: RESOLUTION FOR FINAL MAP FOR TENANT-PARTICIPATING CONVERSION PROJECT AT 1916-1928 3RD STREET FOR SIX UNITS: Resolution No. 9308(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 52191 AT 1916-1928 3RD STREET," was adopted. Staff Report

6-U: RESOLUTION FOR FINAL MAP FOR TENANT-PARTICIPATING CONVERSION PROJECT AT 1234 19TH STREET FOR SIX UNITS: Resolution No. 9309(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51694 AT 1234 19TH STREET," was adopted.

6-V: RESOLUTION FOR FINAL MAP FOR TENANT-PARTICIPATING CONVERSION PROJECT AT 909 GRANT STREET FOR FIVE UNITS: Resolution No. 9310(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 52327 AT 909 GRANT STREET," was adopted. Staff Report

6-W: SUBDIVISION IMPROVEMENT AGREEMENT AND RESOLUTION FOR FINAL MAP FOR CONDOMINIUM PROJECT AT 838 17TH STREET FOR FIVE UNITS: Resolution No. 9311(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 52224 TO SUBDIVIDE A PROPERTY AT 838 SEVENTEENTH STREET," was adopted, and the City Manager was authorized to negotiate and execute Subdivision Improvement Agreement, Contract No. 7309(CCS). Staff Report

6-X: CONTRACT FOR PROVISION OF DESIGN, TESTING AND RELOCATION PLANNING SERVICES FOR TELECOMMUNICATIONS SYSTEMS IN THE NEW PUBLIC SAFETY BUILDING: The recommendation to authorize the City Manger to negotiate and execute an agreement with Johnson Controls, for an amount not to exceed $100,000, for design, testing and relocation planning services for telecommunication systems in the new Public Safety Building was withdrawn at the request of staff. Staff Report

6-Y: CONTRACT TO PREPARE A PARKING UTILIZATION AND DEMAND STUDY AND PARKING MANAGEMENT AND IMPLEMENTATION PLAN FOR THE CIVIC CENTER AREA: Contract No. 7311(CCS) was approved with Kaku Associates, Inc., in an amount not to exceed $150,000, to prepare a parking utilization and demand study and a parking management implementation plan for the Santa Monica Civic Center area. Staff Report

6-Z: CONTRACT TO ALLOW CONTINUATION OF A POLLUTION PREVENTION RESEARCH PROJECT RELATED TO REDUCING USE OF HOUSEHOLD CHEMICALS: Contract No. 7312(CCS) was approved with the California Integrated Waste Management Board to administer a $71,529 Federal grant to continue pollution prevention research; Contract No. 7313(CCS) was approved with the Community Environmental Council to continue managing the project; and, budget adjustments recommended in the staff report were authorized. Staff Report

6-AA: RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FOR SANTA MONICA BEACHES AND PALISADES PARK IMPROVEMENTS: Resolution No. 9312(CCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED GRANT PROGRAM FOR SANTA MONICA BEACHES (SOUTH BEACH IMPROVEMENTS) AND PALISADES PARK IMPROVEMENTS (PHASE II)," was adopted. Staff Report

6-BB: RESOLUTION FINDING THE CITY TO BE IN CONFORMANCE WITH CONGESTION MANAGEMENT PROGRAM AND ADOPTING LOCAL IMPLEMENTATION REPORT: Resolution No. 9313(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 75089," was adopted. Staff Report

6-CC: CHANGE ORDER TO CONTRACT FOR DESIGN OF DRAFT MASTER PLAN FOR THE SANTA MONICA MUNICIPAL BUS LINES FACILITY EXPANSION: The change order to Contract No. 6522(CCS) was approved with RNL/Interplan, in an amount not to exceed $80,000, to explore additional options for the Municipal Bus Lines Expansion Master Plan. Staff Report

6-DD: CONTRACT FOR PREPARATION OF DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENTS FOR FIRE STATION NO. 2, LOCATED AT 222 HOLLISTER AVENUE: Contract No. 7303(CCS) was approved with Wolf/Lang/Christopher Architects, Inc., for an amount not to exceed $200,000, for the preparation of design development and construction documents for Fire Station No. 2. Staff Report

6-A: APPROVAL OF MINUTES: Mayor Holbrook asked for and received clarification of the spelling of the name of a member of the public. The minutes were unanimously approved by voice vote.

6-I: PURCHASE OF DUCTILE IRON BELL AND SPIGOT PIPE FOR WATER MAINS, FIRE HYDRANTS AND FIRE WATER LINES: Councilmember Genser advised that he removed this item based on comments made by a member of the public. Council asked questions of staff. Staff Report

Motion by Councilmember Genser, seconded by Councilmember Ebner, to award Bid No. 2712 to Pacific States Cast Iron Pipe Company, at specified unit prices, plus applicable sales tax, as the lowest responsible bidder. The motion was approved by the following vote:

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

Noes: None

Absent: None

6-O: PURCHASE OF FILTER SYSTEM FOR RECOVERY/ FILTRATION OF WASTE WATER GENERATED FROM DAILY CLEANING OPERATIONS OF PARKING STRUCTURES: Councilmember Feinstein advised that he removed this item from the Consent Calendar in order to draw attention to its environmental sensibilities. Staff Report

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to aware Contract No. 7307(CCS) to Western Water Products, in an amount not to exceed $72,315, for the purchase of a WaterCycle cartridge filter system. The motion was approved by the following vote:

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

Noes: None

Absent: None

5-A: ANNUAL APPOINTMENTS TO THE ARTS COMMISSION (2) FOR TERMS ENDING JUNE 30, 2002: Mayor Holbrook opened the floor to nominations to the Arts Commission.

Councilmember Genser restated his nomination of Helen Garber. Councilmember Ebner nominated Laddy John Dill. There being no other nominations, nominations were closed.

Motion by Councilmember Rosenstein, seconded by Councilmember Genser, to continue the appointments to the Arts Commission (Item Nos. 5-A and 5-B) to the meeting of September 8, 1998. The motion was unanimously approved by voice vote.

5-B: APPOINTMENT TO UNSCHEDULED VACANCY ON THE ARTS COMMISSION FOR A TERM ENDING JUNE 30, 1999:

On order of the Mayor, this item was continued to the meeting of September 8, 1998.

ADMINISTRATIVE PROCEEDINGS:

7-A: RECONSIDERATION OF APPROVAL OF ADDITION OF CONVENIENCE STORE TO EXISTING GAS STATION AT 1410 PICO BOULEVARD (TEXACO): The recommendation to reconsider Appeal 97-001 of Planning Commission Approval of Conditional Use Permit 96-012 to allow the addition of a convenience store to an existing self-service gas station located at 1410 Pico Boulevard was to be considered at the August 18, 1998 Council meeting.

ORDINANCES:

8-A: SECOND READING AND ADOPTION OF ORDINANCE ALLOWING THE CITY COUNCIL, BY RESOLUTION, TO PROHIBIT OR LIMIT THE USE OF BICYCLES ON THE THIRD STREET PROMENADE WHEN NECESSARY FOR PUBLIC SAFETY: The ordinance was presented for second reading and adoption. Staff Report

Motion by Councilmember Greenberg, seconded by Councilmember Rosenstein, to adopt Ordinance No. 1920(CCS) on second reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

Ayes: Councilmembers Genser, Greenberg, Rosenstein, Ebner, and Mayor Holbrook

Noes: Councilmember Feinstein, Mayor Pro Tem O'Connor

Absent: None

Councilmember Feinstein requested that the record reflect that he voted "no" because he believes that there were other models utilized by other cities that could have allowed bicycles to be used safely at various times on the Promenade.

STAFF ADMINISTRATIVE ITEMS:

9-A: MANAGEMENT AND PROGRAMMING PLAN FOR MILES MEMORIAL PLAYHOUSE: Presented was the staff report recommending approval of the proposed management and programming plan for Miles Memorial Playhouse and authorization for City staff to proceed with its implementation. Staff Report

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

The following members of the public spoke in support of the use of Miles Playhouse by the American Academy of Dance and Kindred Arts: Eliott Kahn, Milo Ward, Christine Lawson, Olga Levin, Emily Battle, Violetta Polichtchouk, Devorah Robinson-Ashe, Cecilia Soriano, Frank Bourman, Sarabanda, and Hana Moondance.

The following members of the public spoke in support of the staff recommendation for the use of Miles Playhouse by both the American Academy of Dance and Kindred Arts and the Virginia Avenue Project: Viva Tomlin and Chris DeCarlo. Member of the public Joey Fullmer expressed her concerns.

The following members of the public spoke in support of the use of Miles Playhouse by the Virginia Avenue Project: Kris Hurst, Leigh Curran, Monica Aldana, Jonathan Aldana, Robert Campion, Alejandra Campouerdi, Elizabeth Esquivias, and Veronica Garcia.

The following members of the public spoke in support of the use of Miles Playhouse by The Santa Monica Historical Society Museum: Dan Ehrler, Carleen Bentley, Suzanne Verge, and Mae Labordi.

The following members of the public spoke in support of the use of Miles Playhouse by the Los Angeles Baroque Orchestra: Annette Simons and Melody Holzman. Member of the public Elaine Goldberg spoke in support of the use of Miles Playhouse by the American Academy of Dance and Kindred Arts.

RECESS On order of the Mayor, the City Council recessed at 9:15 p.m., and reconvened at 9:41 p.m., with all members present.

REQUESTS TO SPEAK OUT OF ORDER Motion by Mayor Holbrook, seconded by Councilmember Feinstein, to hear member of the public Pro Se out of order. The motion failed due to a lack of the requisite two-thirds vote.

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to hear children who wish to speak on Miles Playhouse, Item No. 9-A. The motion was unanimously approved by voice vote.

The following members of the public spoke in support of the use of Miles Playhouse by the Virginia Avenue Project: Elizabeth Perez, Consuelo Perez, and Monica Brunt.

The following members of the public spoke in support of the use of Miles Playhouse by The Santa Monica Historical Society Museum: Jenny Johnson, Laura Blosdale, Jim Mount, Carmen Beraud, Tom Nitti, Louise Bill, John Farquhar, Jean McNeil Wyner, Gwen Williams, Tony Alvarez, Ramona Alvarez, and Bob Gabriel.

The following members of the public spoke in support of the use of Miles Playhouse by the American Academy of Dance and Kindred Arts: Lilly Cutrano, Alina Cutrano, Alicia Martinez, and Saul Martinez.

The following members of the public spoke in support of the use of Miles Playhouse by Imagination Station: Shari Getz, Diana Garrett, Bill Ireland, and Claire Austin. Member of the public Bridget Walsh spoke in support of the use of Miles Playhouse by the Los Angeles Baroque Orchestra.

Member of the public Maggie Kaderli urged the combined use of the Miles Playhouse by the Historical Society Museum and the other non-profit groups as an entertainment venue.

Motion by Councilmember Rosenstein, seconded by Mayor Pro Tem O'Connor, to hear late speakers for one minute each. The motion was unanimously approved by voice vote.

The following members of the public spoke in support of the use of Miles Playhouse by The Santa Monica Historical Society Museum: Clyde Smith and Louise Gabriel. Member of the public Todd Waring spoke in support of the use of Miles Playhouse by Imagination Station. Member of the public Brian Hutchings expressed his concerns.

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

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 Rosenstein, seconded by Councilmember Genser, to approve the management and programming plan for Miles Memorial Playhouse as described in the staff report and to authorize City staff to proceed with its implementation.

Substitute motion by Councilmember Ebner, seconded by Mayor Holbrook, that Miles Playhouse be the home of the Santa Monica Historical Society, with the understanding that it be freely available as the base for groups indigenous to Santa Monica as a place and space to perform. The substitute motion failed by the following vote:

Ayes: Councilmembers Ebner, Greenberg, Mayor Holbrook

Noes: Councilmember Rosenstein, Genser, Feinstein, Mayor Pro Tem O'Connor

Absent: None

The original 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

Councilmember Greenberg requested that the record reflect that she voted "no" not because she does not support the organizations that will be utilizing Miles Playhouse, but she believes that the Santa Monica Historical Society should have at least been given a temporary home until a permanent home could be found.

Councilmember Ebner was excused at 11:45 p.m.

Motion by Councilmember Rosenstein, seconded by Councilmember Genser, to direct staff to work with the Historical Society to investigate all the possibilities for a permanent home for the Historical Society, whether it be existing facilities, building new facilities, or any other options, including hiring consultants, if appropriate, within established City rules, and return to Council with a very complete report within sixty days. The motion was approved by the following vote:

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

Noes: None

Absent: Councilmember Ebner

PUBLIC HEARINGS:

10-A: STREET RESURFACING PROPOSITION 218 ASSESSMENT ELECTION: The public hearing to accept 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 September 8, 1998.

REQUEST TO HEAR ITEM OUT OF ORDER

Motion by Councilmember Rosenstein, duly seconded, to hear Item No. 14-G at this time. The motion was approved by voice vote, 4-2, Councilmember Ebner absent.

COUNCILMEMBER DISCUSSION ITEMS:

14-G: OUTREACH TO R-1 RESIDENTS NORTH OF MONTANA: Presented was the request of Councilmember Rosenstein to give staff direction to provide appropriate outreach to R-1 residents north of Montana regarding the proposed interim ordinance to be discussed on August 18, 1998.

Motion by Councilmember Rosenstein, seconded by Councilmember Greenberg, to authorize staff to find ways to give appropriate outreach to the north of Montana neighborhood that would be affected by the proposed interim ordinance to be considered next week to notify them of the hearing, to include press releases, advertisements, and post cards or other mailings. The motion failed by the following vote:

Ayes: Councilmembers Greenberg, Rosenstein, Mayor Holbrook

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

Absent: Councilmember Ebner

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to authorize staff to give as broad notice as possible to people in the community about the hearing next week relating to the proposed interim ordinance, without doing mailings. The motion was approved by the following vote:

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

Noes: None

Absent: Councilmember Ebner

REPORTS OF BOARDS AND COMMISSIONS:

Councilmember Rosenstein was excused at 12:03 a.m.

11-A: REMOVAL OF COMMISSIONER FROM SOCIAL SERVICES COMMISSION: Presented was the request of the Social Services Commission to remove a commissioner from the Commission for non-attendance at monthly meetings. Staff Report

The following members of the public spoke in opposition to the proposed removal of the Commissioner: Julien Thompson, Debbie Baxter, Mora LaMountain, and Jennafer Waggoner.

Motion by Councilmember Greenberg, seconded by Mayor Holbrook, to take action to remove Commissioner Waggoner from the Social Services Commission because of her lack of attendance at regular monthly meetings, post the vacancy and consider appointing a person who has experience with homeless issues.

Substitute motion by Mayor Pro Tem O'Connor, seconded by Councilmember Genser, to allow Commissioner Waggoner to continue on the Commission for the next four months and if her attendance improves she would be retained, if it does not improve she would be removed at that time.

Motion by Councilmember Greenberg, seconded by Mayor Holbrook, to continue this item to August 18, 1998. The motion was unanimously approved by voice vote, Councilmembers Ebner and Rosenstein absent.

WRITTEN COMMUNICATIONS:

13-A: D. GRANTHAM - WEED ABATEMENT: Presented was the request of D. Grantham to address Council regarding his need for information on a weed abatement citation and City employee conduct toward a member of the public.

Motion by Councilmember Greenberg, seconded by Councilmember Genser, to refer this item to staff to investigate and report back to Council. There were no objections.

COUNCILMEMBER DISCUSSION ITEMS:

14-A: BAYSIDE DISTRICT CORPORATION APPOINTMENT: The appointment to one unscheduled vacancy to the Bayside District Corporation for a term ending June 30, 1999, was continued to August 18, 1998.

Councilmember Greenberg was excused at 12:45 a.m.

14-B: APPOINTMENT TO UNSCHEDULED VACANCY ON THE SOCIAL SERVICES COMMISSION: Mayor Holbrook opened the floor to nominations.

Councilmember Feinstein nominated Fern Seizer. There being no other nominations, nominations were closed. On a call for the vote, Fern Seizer was unanimously approved for appointment to the Social Services Commission for an unscheduled vacancy for a term ending June 30, 1999, with Councilmembers Ebner, Greenberg, and Rosenstein absent.

14-C: RESIGNATION FROM AIRPORT COMMISSION: Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to accept with regrets the resignation of Eileen Hecht from the Airport Commission and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with Councilmembers Ebner, Greenberg, and Rosenstein absent.

14-D: RESIGNATION FROM ARTS COMMISSION: Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to accept with regrets the resignation of Matt Kramer from the Arts Commission and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with Councilmembers Ebner, Greenberg, and Rosenstein absent.

14-E: COMPARISON OF REGULATIONS RELATING TO GUNS AND AMMUNITION: Presented was the request of Mayor Pro Tem O'Connor to direct staff to compare the Los Angeles comprehensive Ordinance to regulate guns and ammunition with Santa Monica ordinances with the aim of Council adoption of additional measures that may contribute toward a consistent regional firearms control policy.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to approve the request. The motion was unanimously approved by voice vote, Councilmembers Ebner, Greenberg, and Rosenstein absent.

14-F: EXAMINATION OF ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT'S PROPOSED MULTI-LATERAL AGREEMENT ON INVESTMENTS: Presented was the request of Councilmember Feinstein to direct staff to examine the Organization for Economic Cooperation and Development's (OECD) proposed multi-lateral agreement on investments and its effect on the power of local government, and return to Council with options and recommendations.

Member of the public Brian Hutchings spoke in support of the proposed examination.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to approve the request and direct staff to examine the proposed legislation relating to the multi-lateral agreement on investments as proposed by the Organization for Economic Cooperation and Development and return with recommendations and options. The motion was unanimously approved by voice vote, Councilmembers Ebner, Greenberg, and Rosenstein absent.

14-H: APPOINTMENT TO ONE ANNUAL VACANCY ON THE COMMISSION ON OLDER AMERICANS: Mayor Holbrook opened the floor to nominations to the Commission on Older Americans.

Mayor Pro Tem O'Connor nominated Naomi Meadows. There being no other nominations, nominations were closed. Motion by Councilmember Genser, duly seconded, to appoint Naomi Meadows by acclamation to the Commission on Older Americans for a term ending June 30, 2002. The motion was unanimously approved by voice vote, Councilmembers Ebner, Greenberg, and Rosenstein absent.

15: PUBLIC INPUT: Member of the public Tim Dillenbeck discussed performance hours on the Pier.

ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 1:00 a.m., to August 18, 1998, at 7:00 p.m., in memory of Amparo Contreras de Castaneda and Milton Tepper.

ATTEST:

Beth Sanchez

Assistant City Clerk

APPROVED:

Robert T. Holbrook

Mayor