CITY OF SANTA MONICA

CITY COUNCIL MINUTES

APRIL 18, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:15 p.m., on Tuesday, April 18, 2000, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Ken Genser, Mayor Pro Tem Pam O'Connor, Councilmember Richard Bloom

Councilmember Michael Feinstein, Councilmember Robert T. Holbrook (Arrived at 7:20 p.m.)

Councilmember Kevin McKeown, Councilmember Paul Rosenstein

Also Present: City Manager Susan McCarthy, City Attorney Marsha Jones Moutrie, City Clerk Maria M. Stewart

On order of the Mayor, the City Council convened at 6:15 p.m., and then adjourned to consider closed sessions, with Councilmember Holbrook absent. Action taken on closed sessions was reported at the end of the meeting.

On order of the Mayor, the City Council reconvened at 7:10 p.m., with Councilmember Holbrook absent. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

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

At the request of Mayor Pro Tem O'Connor, item 6-A was removed from the Consent Calendar.

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

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

NOES: None

ABSENT: Councilmember Holbrook

6-B: Resolution No. 9506 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

6-C: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7702 (CCS) with Landata Airborne Systems, in the amount of $112,677, for digital aerial orthophotography for the City, was approved.

6-D: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7703 (CCS) with L.A. Consulting, Inc., in the amount of $120,000, to develop of a Citywide Pavement Management System, was approved.

6-E: Recommendation to adopt Resolution No. 9507 entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SUBDIVISION IMPROVEMENT AGREEMENT NO. 7704(CCS), AND APPROVING FINAL TRACT MAP NO. 52680 FOR A TEN-UNIT CONDOMINIUM PROJECT," was adopted.

6-F: Recommendation to authorize the City Manager to negotiate and execute a modification to Agreement No. 7137 (CCS), with Five Star Parking Lot, to include a maximum eight-month extension to the terms of the agreement and an additional $96,000 for the purchase and installation of short-term parking equipment, was approved.

6-G: Recommendation to adopt a Resolution No. 9508 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA IN SUPPORT OF THE CITY OF EL SEGUNDO'S LITIGATION AGAINST LOS ANGELES WORLD AIRPORTS SEEKING TO HALT ITS

PRACTICE OF EXPANDING THE AIRPORT INCREMENTALLY WITHOUT ADEQUATE ENVIRONMENTAL REVIEW," was adopted.

6-A: Approval of minutes of February 8 (continued from April 11, 2000), and February 15, 2000, City Council meetings.

Mayor Pro Tem O'Connor advised she pulled the minutes to confirm Council direction to staff at the meeting of February 15, 2000, regarding the use of cellular phones while driving.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to approve both sets of minutes. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

8-A: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 960 (CCS) TO CHANGE THE ASSESSMENT LEVIED IN THE MONTANA AVENUE BUSINESS ASSESSMENT DISTRICT," was presented.

Motion by Councilmember Rosenstein, seconded by Mayor Pro Tem O'Connor, to combine this item with Item 10-A. Motion unanimously approved by voice vote, with Councilmember Holbrook absent.

Councilmember Holbrook arrived at 7:15 p.m.

10-A: Public hearing and introduction and first reading of an ordinance to amend the Montana Avenue Business Improvement District Levy beginning July 1, 2000.

The following members of the public spoke in support of the ordinance: Daniel Ehrler, Mike Gruning, and Robert Wachs. Joey Fullmer expressed various concerns.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to introduce and hold first reading of the ordinance, reading by title only, and waiving further reading thereof, and adding direction to staff to return with information regarding the possible need to amend the contract from the City's perspective that may dovetail into any efforts the District may undertake. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

9-A: Lease extension for American Flyers for management and operation of third fixed based operator facility at Santa Monica Airport - recommendation to authorize the City Manager to negotiate and execute an extension to Lease No. 7705 (CCS) with American Flyers for the management and operation of the third fixed base operator facility at the Airport, was approved.

The following members of the public spoke in opposition to the recommendation: Joseph Justice, Howard Israel, John Joyce, and Don Brandsen.

Member of the public Ron McPherson spoke in support of the recommendation. Members of the public Joey Fullmer and Brian Hutchings expressed various concerns.

Motion by Councilmember Bloom seconded by Mayor Genser, to approve staff recommendation. The motion was approved by the following vote:

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

NOES: Councilmember Holbrook

ABSENT: None

10-B: Public hearing and adoption of Resolution No. 9509 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA regarding rate order for basic cable service, equipment and installation rates for Century Southwest Cable Television, Inc.," was adopted.

The following members of the public expressed concerns regarding the rate increases by the cable company: William Handelsman, Chuck Allord, and Brian Hutchings. Lee Porron, representing Adelphia Cable, spoke in support of the cable company.

Motion by Councilmember Rosenstein, seconded by Councilmember Bloom, to adopt the resolution, reading by title only, and waiving further reading thereof.

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

NOES: None

ABSENT: None

14-A: Request of Councilmember Bloom to direct staff to provide information regarding the use of e-mail during council meetings, and to return with proposed changes to City Council rules if necessary.

Motion by Councilmember Bloom, seconded by Councilmember Feinstein, to approve request, amended to add clarification on whether it may be a violation of the Brown Act to receive a communication via e-mail, beeper, or cell phone. Motion approved unanimously by voice vote with all members present.

14-B: Request of Councilmember McKeown that the City of Santa Monica go on record opposing AB 2310, a bill to relax or remove existing California Coastal Act provisions protecting wetlands.

Member of the public Jerry Rubin spoke in support of the request.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to approve request. Motion unanimously approved by voice vote with all members present.

Member of the public Pro Se spoke in support of a Disability Commission; Chuck Allord expressed concerns regarding "temporary" City inspectors; Jeffrey Gale spoke in support of funding for homeless services; Brian Ouzunian spoke regarding Airport matters; and Gorton Vallili expressed concerns about traffic problems.

On order of the Mayor, the City Council recessed to closed sessions at 9:55 p.m., and reconvened at 11:30 p.m., to report as follows:

16-A: Conference with Legal Counsel - Existing Litigation: Foodmaker, Inc., v. City of Santa Monica, Case No. SS 007 078.

ACTION: Case heard. No reportable action taken.

16-B: Conference with Legal Counsel - Anticipated Litigation: Number of cases: Six.