CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JUNE 27, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:16 p.m., on Tuesday, June 27, 2000, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Ken Genser

Councilmember Richard Bloom

Councilmember Michael Feinstein

Councilmember Robert T. Holbrook

Councilmember Kevin McKeown

Councilmember Paul Rosenstein

Absent: Mayor Pro Tem Pam O'Connor

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 6:16 p.m., and then adjourned to consider closed sessions, with Mayor Pro Tem O'Connor absent. Action taken on closed sessions was reported at the end of the meeting.

On order of the Mayor, the City Council reconvened at 7:03 p.m., with Mayor Pro Tem O'Connor absent. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

4-A: Municipal Water Supply Study Session - Staff provided a status report on the current safety of the City's drinking water, on the history of the Methyl Tertiary Butyl Ether (MTBE) contamination of the City's water supply, and on the current status of the MTBE litigation case.

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 Joy Fullmer and Brian Hutchings expressed various concerns. Don Brandsen spoke in opposition to Item 6-G.

At the request of Councilmember Feinstein, Item 6-G was removed from the Consent Calendar.

Motion by Councilmember Bloom, seconded by Councilmember McKeown, to approve all items on the Consent Calendar, except Item 6-G, as presented, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Genser

NOES: None

ABSENT: Mayor Pro Tem O'Connor

6-A: Minutes of March 22, 2000, and March 28, 2000, City Council meeting, were approved as submitted.

6-B: Resolution No. 9533 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

6-C: Resolution No. 9534 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2000," Resolution No. 9535 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION FOR THE ELECTION OF SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT BOARD MEMBERS WITH THE CITY'S GENERAL MUNICIPAL ELECTION," and Resolution No. 9536 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY OF SANTA MONICA RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD November 7, 2000," were adopted.

6-D: Resolution No. 9537 (CCS), entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDING IN THE AMOUNT OF $428,000, FOR PAVEMENT, SIDEWALK, CURB, GUTTER, AND RETAINING WALL REPAIR ON APPIAN WAY BETWEEN MOSS AVENUE AND SEASIDE TERRACE," and Contract No. 7748 (CCS), were approved.

6-E: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7735 (CCS) with Innovative Resources Consultant Group, Inc., in the amount of $260,000, to provide organizational development services for the Environmental and Public Works Management Department, was approved.

6-F: Recommendation to award a purchase order to Transit Information Products, in the amount of $27,312.20, to purchase on-board information stations for the Transportation Department, was approved.

6-G: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7736 (CCS) with Calvin R. Abe Associates, Inc., in the amount of $757,000, for full design and construction administration services for the Airport Park Project; and, Contract No. 7737 (CCS) with Komex H2O Science, Inc., in the amount of $114,100, for a Phase II environmental investigation for the project, was presented.

Councilmember Feinstein requested additional information and clarification on the project, as proposed. Staff provided requested information.

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

AYES: Councilmembers Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Genser

NOES: None

ABSENT: Mayor Pro Tem O'Connor

8-A: Introduction and adoption of Interim Ordinance No. 1978 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING THE MODIFICATIONS TO DEVELOPMENT STANDARDS, USES SUBJECT TO A PERFORMANCE STANDARDS PERMIT, USES SUBJECT TO A USE PERMIT, PROHIBITED USES AND THE DEVELOPMENT REVIEW THRESHOLD WITHIN THE C2 NEIGHBORHOOD COMMERCIAL DISTRICT ALONG MONTANA AVENUE AND MODIFYING THE PERMITTED USES ON MONTANA AVENUE TO INCLUDE EXISTING CINEMAS AND THE MAXIMUM FLOOR AREA RATIO FOR EXISTING CINEMAS; AND DECLARING THE PRESENCE OF AN EMERGENCY," was presented.

The public hearing was opened. Joey Fullmer expressed various concerns. Pam Vavra spoke in support of the ordinance.

Motion by Councilmember McKeown, seconded by Councilmember Holbrook, to introduce and adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Genser

NOES: None

ABSENT: Mayor Pro Tem O'Connor

9-A: Recommendation to approve the proposed Community Event Policy and to direct staff to proceed with documents necessary to implement the policy, was presented.

The public hearing was opened. Joey Fullmer expressed various concerns. Jerry Rubin spoke in opposition to the recommendation. Bill Locton spoke in support of the recommendation.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to approve staff recommendation.

Motion to amend by Councilmember Feinstein, to include recycling in Category 1 events. Motion was accepted as friendly.

Motion to amend by Councilmember Feinstein, to strike word "just" on page 18 in phrase "just before the event." Motion was accepted as friendly.

Motion to amend by Councilmember Feinstein, as available and feasible, to require environmentally biodegradable alternatives for food containers.

Motion to amend by Councilmember Feinstein, to allow mixed modes of transport, on the same day, if staggered.

Motion to amend by Councilmember McKeown, to add a policy statement regarding the difference between recyclables and biodegradables and encouraging, and possibly requiring, the use of biodegradables.

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

AYES: Councilmembers Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Genser

NOES: None

ABSENT: Mayor Pro Tem O'Connor

10-A: Public hearing and recommendation to approve Stormwater Parcel Report and Management User Fee for FY 2000-01 - recommendation to hold a public hearing, receive public input, and approve the Stormwater Parcel Report describing each parcel in the City and the amount of each parcel's Stormwater Management User Fee for FY 2000-01.

On order of the Mayor, the public hearing was opened. There being no one to speak, the Mayor closed the public hearing.

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

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Genser

NOES: None

ABSENT: Mayor Pro Tem O'Connor

13-A: Request of Jerry Rubin and Pro Se, representing the Coalition for a Santa Monica Disabilities Commission, to request that Council go on record opposing HR 3590 - relative to Americans with Disabilities Act compliance, was presented.

Members of the public Brian Hutchings and Pam Vavra spoke in support of the request.

Motion by Councilmember Bloom, seconded by Councilmember Rosenstein, to direct staff to draft a letter in opposition. Motion unanimously approved by voice vote, with Mayor Pro Tem O'Connor absent.

14-A: Appointment to one unscheduled vacancy on the Social Services Commission for a term ending June 30, 2003. (Continued from May 23, 2000.)

The Mayor opened the floor for nominations. Councilmember Feinstein nominated Anthony Pullara. There being no other nominations, Mr. Pullara was appointed by acclamation, with Mayor Pro Tem O'Connor absent.

14-B: Request of Councilmembers Bloom and Feinstein to direct staff to conduct a public process to prepare a text amendment regarding incidental food uses on Main Street, was presented.

Members of the public Roger Genser questioned the intent of the request. Anita Holcomb spoke in favor of an all-inclusive public process. Rick Laudati spoke in opposition to the request. Joe Pipersky, Pro Se, and Jerry Rubin spoke in support of the request.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to approve request with the understanding that the intent is not to intensify, but to clarify use. The motion was unanimously approved by voice vote, with Mayor Pro Tem O'Connor absent.

14-C: Acceptance of resignation letter of Nancy Greenstein from the Pier Restoration Corporation, and authorization for City Clerk to publish vacancy.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to accept the letter with regrets. Motion unanimously approved by voice vote, with Mayor Pro Tem O'Connor absent.

14-D: Request of Councilmembers Holbrook and Feinstein to direct staff to transfer $5,100 from the General Fund's contingency account to a grant to the Santa Monica Historical Society to provide an exhibit of historical photographs of the City of Santa Monica on the occasion of the City's 125^th Birthday, was accepted. The display will be at City Hall.

Motion by Councilmember Holbrook, seconded by Councilmember Feinstein, to approve request. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Genser

NOES: None

ABSENT: Mayor Pro Tem O'Connor

Councilmember Holbrook was excused at 10:30 p.m.

14-E: Request of Councilmember McKeown for the Council to resolve that this City's commitment to fundamental fairness and justice in labor relations is reaffirmed, that the community's stated aversion to union-busting is shared by this Council, and that we call upon local businesses to respect worker dignity, management neutrality and the right to choose union representation without intimidation by means such as card-check elections, was presented.

Alan Rose spoke in support of the hotels and in support of labor relations.

The following members of the public spoke in support of the request: Kurt Peterson, Jose Roberto Tejada, Luis Marquez, Fabian Gonzalez, Rosa Valencia, Celia Talavera, Mayra Ruedas, Edith Garcia, Ernesto Sanderos, and Lisa Payne. Chuck Allord expressed concerns regarding the request.

Motion by Councilmember McKeown, seconded by Councilmember Bloom, to adopt Resolution No. 9538 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA RESOLVING THAT THIS CITY'S COMMITMENT TO FUNDAMENTAL FAIRNESS AND JUSTICE IN LABOR RELATIONS IS REAFFIRMED, THAT THE COMMUNITY'S STATED AVERSION TO UNION-BUSTING IS SHARED BY THIS COUNCIL, AND THAT WE CALL UPON LOCAL BUSINESSES TO RESPECT WORKER DIGNITY, MANAGEMENT NEUTRALITY AND THE RIGHT TO CHOOSE UNION REPRESENTATION WITHOUT INTIMIDATION BY MEANS SUCH AS CARD-CHECK ELECTIONS."

Motion to amend by Councilmember Rosenstein, to change "card-check elections" to "third party card-check petition." Motion accepted as friendly. The motion as amended, was approved by the following vote:

AYES: Councilmembers Rosenstein, McKeown, Feinstein, Bloom, Mayor Genser

NOES: None

ABSENT: Councilmember Holbrook, Mayor Pro Tem O'Connor

PUBLIC INPUT - Member of the public Jerry Rubin spoke.

Chuck Allord expressed concerns regarding the process for obtaining public information.

On order of the Mayor, Council recessed at 10:47 p.m., to closed sessions and reconvened at 11:25 p.m., to report on the following:

16-A: Conference with Legal Counsel - Existing Litigation: Ring Trading Corporation v. City of Santa Monica, Case No. BC 172044 (consolidated with Mountain View Mobile Inn Residents Association, Inc., v. City of Santa Monica, Case No. SC 052672).

ACTION: Not heard.

16-B: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. BC 230106.

ACTION: Heard. No reportable action taken.

16-C: Conference with Legal Counsel - Existing Litigation: Susan Galloway v. City of Santa Monica, Case No. B 202772.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to approve a settlement in the amount of $150,000. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Mayor Genser

NOES: None

ABSENT: Councilmember Holbrook, Mayor Pro Tem O'Connor

16-D: Conference with Legal Counsel - Existing Litigation: Foodmaker, Inc., v. City of Santa Monica, Case No. SS 007078.

ACTION: Heard. No reportable action taken.

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

Number of cases: Four.

ACTION: One case heard. No reportable action taken.

16-F: Conference with Labor Negotiator:

City Negotiator: Karen Bancroft, Personnel Director.

Bargaining Units: Santa Monica Police Officers Assn.

ACTION: Heard. No reportable action taken.

On order of the Mayor, the City Council meeting was adjourned at 11:30 p.m., to July 11, 2000.

ATTEST:

Maria M. Stewart

City Clerk

APPROVED:

Ken Genser

Mayor