CITY OF SANTA MONICA

CITY COUNCIL MINUTES

OCTOBER 13, 1998

A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 6:20 p.m., on Tuesday, October 13, 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 Paul Rosenstein

Also Present: City Manager John Jalili

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

CLOSED SESSIONS: At 6:24 p.m., Council adjourned to Closed Session to consider the following:

16-A: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. BC 184061.

ACTION: No reportable action taken.

16-B: 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-C: Conference with Legal Counsel - Existing Litigation: Bret Carr v. Santa Monica Police Department, City of Santa Monica, et al., Case No. CV 97-8765 (HLH).

ACTION: No reportable action taken.

16-D: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Henry Walther, et al., Case No. SC 043522.

ACTION: No reportable action taken.

16-E: Conference with Legal Counsel - Existing Litigation: Santa Monica Street Performers Group v. City of Santa Monica, Case No. CV 98-7473 LGB.

ACTION: No reportable action taken.

16-F: Conference with Labor Negotiator:

City Negotiator: Karen Bancroft, Personnel Director

Bargaining Units: Santa Monica Firefighters Local 1109 (SMFFA)

ACTION: No reportable action taken.

PLEDGE On order of the Mayor, the City Council reconvened at 7:14 p.m., with all Councilmembers present. Mayor Pro Tem O'Connor led the assemblage in the Pledge of Allegiance to the Flag of the United States of America.

4-A: ACCEPTANCE OF COUNCILMEMBER GREENBERG'S RESIGNATION, DECLARATION OF VACANT CITY COUNCIL SEAT, AND DISCUSSION OF OPTIONS AND PROCEDURE TO FILL VACANCY, AS PROVIDED FOR IN SECTION 603 OF THE CITY CHARTER: Discussion was held and presentations were made to Councilmember Greenberg.

Member of the public Joey Fullmer expressed her concerns.

Motion by Mayor Holbrook, seconded by Councilmember Ebner, to accept, with regrets, the resignation of Councilmember Greenberg and to declare her seat vacant. The motion was approved by the following vote:

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

Noes: None

Discussion ensued as to the procedure to follow to fill the vacancy and methods to inform the public and invite interested individuals to apply for the vacancy.

Motion by Councilmember Rosenstein, seconded by Councilmember Genser, to ask interested parties to submit interest letters in care of the City Clerk's Office; publish a notice in the newspaper and all other possible locations; prepare a simple application form for interested parties, and notify the public of Council's intent to discuss the appointment procedure on October 27, 1998, and make the appointment on the meeting of November 10, 1998. The motion was unanimously approved by voice vote.

CONSENT CALENDAR: Councilmember Rosenstein was excused at 7:50 p.m.

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 provided comments on the Consent Calendar.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to approve the Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Noes: None

Absent: Councilmember Rosenstein

6-A: APPROVAL OF MINUTES: The minutes of the August 11 and 18, 1998, City Council meetings were approved.

6-B: EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994 EARTHQUAKE DAMAGE): Resolution No. 9324(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

6-C: BID AWARD TO FURNISH AND DELIVER RE-REFINED MOTOR OIL AND SYNTHETIC TRANSMISSION FLUID: Bid No. 2725 was awarded to Rosemead Oil Products, Inc., at specified unit prices, to purchase re-refined motor oil and synthetic transmission fluid for the Transportation Department.

6-D: BID AWARD TO PURCHASE ONE 80,000 GCW TANDEM DRIVE TRUCK TRACTOR: Bid No. 2698 was awarded to Boerner Truck Center, in the amount of $139,147.80, to furnish and deliver one tandem drive truck tractor for the Environmental and Public Works Management Department.

6-E: BID AWARD TO PURCHASE ONE 48,800 GVWR TANDEM DRIVE DUMP TRUCK: Bid No. 2703 was awarded to Carmenita Truck Center, in the amount of $159,968.60, to furnish and deliver one dump truck, for the Environmental and Public Works Management Department.

6-F: BID AWARD TO REPAIR AND RE-COAT CIVIC AUDITORIUM ROOF: Bid No. 2724 was awarded to Eberhard Roofing, in the amount of $62,707, to repair and re-coat the Civic Auditorium Roof.

6-G: BID AWARD TO REPAINT SUNSCREEN AND EXTERIOR WALLS OF THE CIVIC AUDITORIUM: Bid No. 2726 was awarded to Colorfast Waterproofing and Printing Corp., for $39,183, to provide labor and materials to repaint the sunscreen and exterior walls of the Civic Auditorium.

6-H: RESOLUTION AUTHORIZING A MILLS HISTORICAL PROPERTY CONTRACT FOR PRESERVATION OF HISTORIC STRUCTURE (2402 FOURTH STREET, #9): Resolution No. 9325(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY LOCATED AT 2402 FOURTH STREET, #9," was adopted; Contract No. 7363(CCS) was approved.

6-I: RESOLUTION AUTHORIZING A MILLS HISTORICAL PROPERTY CONTRACT FOR PRESERVATION OF HISTORIC STRUCTURE (2402 FOURTH STREET, #7): Resolution No. 9326(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY LOCATED AT 2402 FOURTH STREET, #7," was adopted; Contract No. 7364(CCS) was approved.

6-J: CONTRACT AMENDMENT FOR DESIGN USER IMPROVEMENTS AND CONSTRUCTION ADMINISTRATION FOR THE MILES MEMORIAL PLAYHOUSE: Amendment to Contract No. 7066(CCS) was approved with the John Ash Group, in the amount of $45,500, for additional services to design user improvements and provision of construction administration at Miles Memorial Playhouse.

6-K: "GREEN" BUILDING RESEARCH AND TECHNICAL ASSISTANCE FOR THE PROPOSED PUBLIC SAFETY FACILITY: Contract No. 7365(CCS) was approved with California Integrated Waste Management Board, to accept $60,000 in grant funding; Contract No. 7366(CCS) was approved with Southern California Edison, for $35,000, for green building research and technical assistance; and Contract No. 7367(CCS) was approved with Gottfried Technology, Inc., for $95,000, to provide green building research and technical assistance for the proposed Public Safety Facility.

6-L: UNDERGROUND TANK REMOVAL, AND ENVIRONMENTAL MONITORING, ASSESSMENT, ENGINEERING AND REMEDIATION SERVICES: Contract No. 115(CD) was approved with Arthur D. Little, in the amount of $1,707,618, to conduct underground tank removal, replacement and upgrade activities at the airport, corporate yard and fire station three, and environmental monitoring, assessment, engineering and remediation services at the airport.

6-M: CONTRACT FOR OPERATIONS AND SYSTEMS ANALYSIS SERVICES FOR VARIOUS CITY DEPARTMENTS: Contract No. 7368(CCS) was approved with Pollnow and Associates, in the amount of $228,020, for operations and systems analysis services to various City departments.

6-N: RESOLUTION CALLING FOR A REGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA: Resolution No. 9327(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CALLING FOR THE DEVELOPMENT OF A REGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA," was adopted.

6-O: LEASE OF OFFICE SPACE FOR VARIOUS CITY DEPARTMENTS: Contract No. 7369(CCS) was approved with Cardinal Broadway Properties, for an annual cost of $222,272, to lease office space at 525 Broadway for various City departments.

ORDINANCES:

8-A: AFFORDABLE HOUSING PRODUCTION PROGRAM: The ordinance was presented for second reading and adoption. Motion by Councilmember Feinstein, seconded by Councilmember Genser, to adopt Ordinance No. 1926(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 9.56.020 AND 9.56.070 OF THE AFFORDABLE HOUSING PRODUCTION PROGRAM REGARDING THE DEFINITION OF VACANT PARCEL AND THE APPLICABILITY OF THE AFFORDABLE HOUSING UNIT BASE FEE TO PROJECT APPLICANTS," on second reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Noes: None

Absent: Councilmember Rosenstein

STAFF ADMINISTRATIVE ITEMS:

Councilmember Rosenstein returned at 8:05 p.m.

9-A: ESTABLISHMENT OF NEW ZONING DESIGNATION TO PROTECT THE EXPOSITION RAIL RIGHT-OF-WAY: Presented was the staff report recommending the establishment of a new zoning designation to protect the Exposition Rail right-of-way for transportation purposes while allowing very limited and temporary uses to exist.

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

Members of the public Joey Fullmer and Brian Hutchings expressed their concerns. Members of the public Ken Kutcher and Monica Witt spoke in support of the continued use of the right-of-way.

Kathleen Sanchez, representing the MTA, spoke in support of allowing implementation of interim uses to generate revenue and relieve security and maintenance problems. Members of the public Wayne Blank, Ken Ayeroff and Douglas Thompson spoke in support of continued use of the right-of-way.

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

Member of the public Tut Hayes urged Council to deal cautiously with the MTA. On order of the Mayor, the public hearing was closed.

Motion by Councilmember Genser, seconded by Councilmember Rosenstein, to approve staff recommendation with a public process that would define uses that would be permitted by a performance standard or as a right; similarly, uses that would only be allowed by a conditional use permit. The motion was approved by the following vote:

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

Noes: None

Absent: None

Councilmember Ebner was excused at 9:40 p.m.

9-B: PURCHASE OF "GREEN" ELECTRICITY FOR CITY FACILITIES AND ENERGY PROCUREMENT AND SERVICES ASSESSMENT: Presented was the staff report recommending approval of a green electricity (generated from renewable resources) purchasing policy for City facilities, and to approve a community needs assessment on energy procurement and energy services issues.

On order of the Mayor, the public hearing was opened. Members of the public Joey Fullmer and Brian Hutchings expressed their concerns.

Members of the public Jerry Rubin, Sara Nichols, and Matt Petersen spoke in support of the proposal and a needs assessment.

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

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to approve staff recommendation. The motion was approved by the following vote:

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

Noes: None

Absent: Councilmember Ebner

9-C: RESOLUTION ADDRESSING VARIOUS POLICY ISSUES FOR CITY-APPOINTED BOARDS AND COMMISSIONS INCLUDING, BUT NOT LIMITED TO, ESTABLISHING TERM LIMITS FOR BOARD AND COMMISSION MEMBERS

There were no requests to speak submitted for this item.

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to continue this item until after the election and after a full Council is seated. The motion was unanimously approved by voice vote.

RECESS On order of the Mayor, the City Council recessed at 9:48 p.m., and reconvened at 10:30 p.m., with all members present.

RESOLUTIONS:

On order of the Mayor, Item Nos. 12-A and 13-A were combined and heard concurrently.

12-A: RESOLUTION OF NECESSITY TO ACQUIRE REAL PROPERTY AT 1602 OCEAN AVENUE BY EMINENT DOMAIN: Presented was the staff report recommending adoption of a resolution finding and determining the public interest and necessity for acquiring and authorizing condemnation of certain real property located at 1602 Ocean Avenue.

13-A: REQUEST OF WARREN ROBERTS TO ADDRESS COUNCIL REGARDING THE PROPERTY LOCATED AT 1602 OCEAN

The following members of the public spoke in support of the Lobster project and against eminent domain: Warren Roberts, Rudy Almeida, Tricia Escalante, Bob Vogelsang, Mike Nathan, Randal Moos, Rick Moos, Ryan Moos, Howard Laks, Alan Kidwell, Allison St. Onge, BreeAnn St. Onge, and Jerry Rubin.

Motion by Councilmember Genser, seconded by Mayor Pro Tem O'Connor, to allow the representatives of The Lobster, LLC, a total of ten minutes to make their presentation. The motion was unanimously approved by voice vote.

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

Chris Harding and Ken Kutcher, representing The Lobster LLC, spoke in support of the project and in opposition to the acquisition of the property by eminent domain. The following members of the public spoke in support of the Lobster project: Jeff Brooks, Bob Gabriel, Dan Ehrler, Keith Erickson, Robert Ringstrom, Gary Harryman, Louise Gabriel, Tasha Wenger, Jeff Wise, Geoff Stern, Rockne VanBuskirk, Linda Armstrong, Ian Jarvis, Barry Simon, Eric Parlee, and Frank Gruber.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to hear late speakers for one minute each. The motion was unanimously approved by voice vote.

Member of the public R. Wright urged Council to be fiscally responsible in its application of attorney fees.

Motion by Councilmember Genser, seconded by Councilmember Rosenstein, to direct staff to immediately work with the developers of the Lobster project to explore areas of mutual interest, e.g., a wider bridge and a wider sidewalk on Ocean Avenue. After some discussion, this motion was dropped.

Councilmember Ebner was excused at 12:20 a.m.

Motion by Councilmember Rosenstein, to withdraw the efforts to purchase this property. The motion died for lack of a second.

RECESS/RECONVENE On order of the Mayor, at 12:22 a.m., Council adjourned to a Closed Session to discuss this matter. On order of the Mayor, the City Council reconvened at 12:27 a.m., with Councilmember Ebner absent.

The City Attorney advised that it would be in the best interests of the City to have a motion made and a vote taken on this matter.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to adopt the resolution of necessity to acquire the property by eminent domain. The motion failed by the following vote:

Ayes: Councilmember Feinstein

Abstain: Councilmember Genser, Mayor Pro Tem O'Connor

Noes: Councilmembers Rosenstein, Mayor Holbrook

Absent: Councilmember Ebner

Councilmember Genser restated his previous motion, which was seconded by Councilmember Rosenstein, to direct staff to work with the developer of the Lobster project to ascertain if there are areas where mutual needs could be accommodated, both with respect to a potential wider pier bridge, a wider sidewalk on Ocean Avenue, and all related urban design or access improvements. The motion was unanimously approved by voice vote, with Councilmember Ebner absent.

12-B: AMENDMENT TO MEMORANDUM OF UNDERSTANDING (MOU) WITH SANTA MONICA FIREFIGHTERS: Presented was the staff report recommending adoption of a resolution authorizing an amendment to the MOU with the Santa Monica Firefighters .

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to adopt Resolution No. 9328(CCS), entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE MOU WITH THE SANTA MONICA FIREFIGHTERS," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Noes: None

Absent: Councilmember Ebner

13-B: INAPPROPRIATE USE OF CITY PHOTOCOPIER: Presented was the request of Donald F. Woods, Jr. to address Council regarding actions the City may be taking in connection with alleged inappropriate use of a City photocopier by Councilmember Feinstein involving the copying of campaign materials.

Members of the public Tom Larmore, Frank Gruber, and Eric Parlee spoke in support of an investigation of the matter. Member of the public Jerry Rubin spoke in opposition to an investigation.

Discussion ensued as to the particulars of the incident that led to the placement of this matter on the agenda.

Motion by Mayor Holbrook, seconded by Councilmember Rosenstein, that the Council direct the Mayor to make his comments under oath. The motion, requiring a two-thirds vote failed by voice vote, Councilmember Genser and Mayor Pro Tem O'Connor opposed, Councilmember Ebner absent.

Mayor Pro Tem O'Connor requested that the record reflect that she expects all Councilmembers to adhere to a certain standard of conduct and she expects truth and honesty whether members have been sworn-in or not.

Motion by Councilmember Rosenstein, seconded by Mayor Holbrook, that Council hire an attorney to investigate this matter as quickly as possible and report back to Council. The motion failed, Councilmembers Feinstein and Genser, and Mayor Pro Tem O'Connor opposed, Councilmember Ebner absent.

Mayor Pro Tem O'Connor excused herself from the meeting at 1:26 a.m

Motion by Councilmember Rosenstein, seconded by Mayor Holbrook, that Council write a letter to the District Attorney asking that this matter be seriously investigated as quickly as possible. The motion failed, Councilmembers Feinstein and Genser opposed, Councilmember Ebner and Mayor Pro Tem O'Connor absent.

On order of the Mayor, the meeting moved to the next item and no other action was taken on this matter.

COUNCILMEMBER DISCUSSION ITEMS:

14-A: COMMISSION ON THE STATUS OF WOMEN APPOINTMENTS: The appointment to two unscheduled vacancies was continued to October 27, 1998.

14-B: RECREATION AND PARKS COMMISSION APPOINTMENT: The appointment to an unscheduled vacancy was continued to October 27, 1998.

14-C: BAYSIDE DISTRICT CORPORATION APPOINTMENT: The appointment to one unscheduled vacancy was continued to October 27, 1998.

14-D: AIRPORT COMMISSION APPOINTMENT: The appointment to one unscheduled vacancy was continued to October 27, 1998.

14-E: ARTS COMMISSION APPOINTMENT: Mayor Holbrook opened the floor to nominations to the Arts Commission.

Councilmember Rosenstein nominated Elena Allen. There being no other nominations, nominations were closed. Motion by Councilmember Genser, duly seconded, to appoint Elena Allen by acclamation for a term ending June 30, 2000. The motion was unanimously approved by voice vote, Councilmember Ebner and Mayor Pro Tem O'Connor absent.

14-F: ARCHITECTURAL REVIEW BOARD APPOINTMENT: The appointment to one unscheduled vacancy was continued to October 27, 1998.

14-G: SOCIAL SERVICES COMMISSION APPOINTMENT: The appointment to one unscheduled vacancy was continued to October 27, 1998.

14-H: ROBERT J. BAKER'S LETTER OF RESIGNATION FROM LIBRARY BOARD: Acceptance of Robert J. Baker's letter of resignation was continued to October 27, 1998.

15: PUBLIC INPUT:

The following members of the public addressed Council regarding various concerns: Patricia San Miguel, Tut Hayes, Art Casillas, Brian Hutchings, and David Roth.

ADJOURNMENT: At 1:45 a.m., the meeting was adjourned to October 27, 1998, at 6:15 p.m., in memory of Joe Crocker.

ATTEST:

Maria M. Stewart

City Clerk

APPROVED:

Robert T. Holbrook

Mayor