CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JULY 11, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:20 p.m., on Tuesday, July 11, 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

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 6:20 p.m., and then adjourned to consider closed sessions. Action taken on closed sessions was reported at the end of the meeting.

On order of the Mayor, the City Council reconvened at 7:43 p.m., with all members present. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

Motion by Councilmember McKeown, seconded by Councilmember Rosenstein to reorder the agenda to take public testimony on Item 14-C. The motion was unanimously approved by voice vote, with all Councilmembers present.

14-C: Request of Mayor Genser to grant $5,000 to the Sister Cities Association. The funds will be used to send the Santa Monica AYSO "Girls Under Twelve" All-Star soccer team to Fujinomiya to compete in a soccer tournament that is part of the celebration of the anniversary of Santa Monica and Fujinomiya becoming Sister Cities.

The following members of the public spoke in support of the request: Maryanne LaGuardia, Tobin Watenmaker, Kelsy Thomas, and Bethany Thomas.

On order of the Mayor, action on this item to be taken at the regular order for this matter on the agenda.

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

The following members of the public commented on the Consent Calendar: Joey Fullmer expressed various concerns; and Chuck Allord spoke in favor of Items 6-C and 6-D, and in opposition to Item 6-K.

At the request of Councilmember McKeown, Item 6-J was pulled from the Consent Calendar.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to approve all items, on the Consent Calendar as

presented, reading resolutions and ordinances by title only and waiving further reading thereof, with the exception of Item 6-J. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

6-A: The minutes of April 4 and April 11, 2000, were approved.

6-B: Resolution No. 9539 (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: Los Angeles County Senior Services Grant Funds - Resolution No. 9540 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF A PROPOSAL AND THE SIGNING OF A CONTRACT TO PROVIDE MEAL AND TELEPHONE REASSURANCE SERVICE FOR ELDERLY PERSONS," was adopted and the City Manager was authorized to negotiate and execute Contract No.7739 (CCS) with the County for provision of services to the elderly through the City's Senior Nutrition and Recreation Program.

6-D: Recommendation to designate $291,191 in accumulated and current funds for the acquisition of equipment for two police vehicles to serve as mobile command posts and for 48 encrypted digital police radios, was approved.

6-E: Recommendation to approve donation of two used police vehicles and other used equipment to the State of Sinaloa, Mexico, was approved.

6-F: This item withdrawn at the request of staff.

6-G: Approval of alternate race route and waiver of race fee for St. Monica's Church Octoberfair 5-K Race on September 30, 2000, was approved.

6-H: Contract amendments for construction and management services for sewer main installation, and for community outreach services regarding the Sewer Project for the Coastal Interceptor Sewer System - Recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7602 (CCS) with KEC Engineering, Inc., in the amount of $2,442,000, for construction of sewer mains on Ocean Avenue and Neilson Way; an amendment to Contract No. 7476 (CCS) with Black & Veatch, Inc., in the amount of $510,000, for construction management services; an amendment to Contract No. 7216 (CCS) with Montgomery Watson Americas, in the amount of $260,000, for Engineer of Record services during construction; an amendment to Contract No. 7695 (CCS) with Arthur D. Little, Inc., in the amount of $40,000, for environmental services; and an amendment to Contract No. 7355(CCS) with Harris Company, in the amount of $50,000, for community outreach services for the Sewer Relief Project of the Coastal Interceptor Sewer System; and, appropriation of funds, as proposed in the report, to pay for the contract amendments were approved.

6-I: Contract amendment for sewer repair in Stewart and 26^th Streets - Recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7463 (CCS) with Clarke Contracting, Inc., in the amount of $375,000, for additional work on Sewer Project 7, and to approve appropriation of funds, as recommended in the staff report, was approved.

6-K: Provision of plan and report review services for Building and Safety Division - Recommendation to authorize the City Manager to negotiate and execute Contract No. 7740 (CCS) with EsGil Corporation, in the amount of $130,000, to provide construction plan reviews; Contract No. 7741 (CCS) with EQE International, in the amount of $87,000, to provide seismic retrofit reviews; and Contract No. 7742 (CCS) with Bing Yen & Associates, in the amount of $60,000, to provide geotechnical reports and engineering geologist reports for the Building and Safety Division, was approved.

6-L: Subdivision Improvement Agreement and resolution approving Final Tract Map No. 52906 for an 8-unit condominium

project at 849-853 14^th Street - Recommendation to authorize the City Manager to negotiate and execute Subdivision Improvement Agreement No. 7743 (CCS) was approved and Resolution No. 9541 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 52906 TO SUBDIVIDE PROPERTY AT 849-853 14TH STREET," was adopted.

6-M: Environmental Impact Report for two mixed use projects at 2012-24 Main Street and 2021-29 Main Street - Recommendation to authorize the City Manager to negotiate and execute Contract No. 7744 (CCS) with EIP Associates, in the amount of $97,750, to prepare an Environmental Impact Report for the proposed construction of the two-mixed use buildings, was approved.

6-N: Recommendation to approve Statement of Official Action for appeal of Conditional Use Permit 99-032 to allow addition to existing Saab Automobile Dealership at 3020 Santa Monica Boulevard, was approved as amended by the supplemental staff report.

6-O: Award of construction contract for excavation and strengthening of the Kenter Canyon Storm Drain for the Public Safety Facility Project - Recommendation to authorize the City Manager to negotiate and execute Contract No. 7745 (CCS) with J.A. Jones Construction, in the amount of $902,725, for the excavation and strengthening of the Kenter Canyon storm drain for the Public Safety Facility Project; and to negotiate and execute an amendment to Contract No. 7648(CCS) with Law Engineering, in an amount not to exceed $61,000, for additional geotechnical inspection services, was approved.

6-P: Restructuring of acquisition of property located at 2330 Michigan Avenue - Recommendation to authorize the City Manager to negotiate and execute Agreement No. 7746 (CSS) and all documents related to the restructuring and reacquisition of the 2330 Michigan Avenue, including but not limited to a four-year triple net lease with rent in the amount of $14,500 per month and with an option to purchase the property for the sum of $3,150,000 at the end of the lease term, was approved.

6-J: Approval of installation of plaque in Palisades Park honoring Grace Heintz also known as the "tree lady", and acceptance of donation and approval of installation of an "El Camino Real" Commemorative Bell in Christine Reed Park to honor three founding families of Santa Monica, was approved.

Councilmember McKeown advised he pulled this item off the Consent Calendar to highlight and discuss Ms. Heintz's dedication to the community and indicated he would be happy to honor Ms. Heintz and the three founding families.

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

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

NOES: None

ABSENT: None

8-A: Introduction and first reading of an ordinance amending Chapter 6.72 of the Municipal Code (Utility Users' Tax), was presented.

On order of the Mayor, the public hearing was opened. Mark Olsen spoke in support for the ordinance and suggested minor changes; Joey Fullmer and Chuck Allord expressed various concerns; Sharon O'Rourke spoke in support of the ordinance.

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to introduce and conduct first reading of ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6.72 OF THE MUNICIPAL CODE (UTILITY USERS' TAX)," reading by title only and waiving further reading thereof; and directing staff to return to the Council with an analysis and recommended policy for allowing a tax reduction or waiver for use of alternative vehicles. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

8-B: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 4.08.096 TO THE MUNICIPAL CODE PROHIBITING THE USE OF CHESS PARK AND MUSCLE BEACH BETWEEN SUNSET AND SUNRISE," was presented.

On order of the Mayor, the public hearing was opened. Joey Fullmer suggested installation of lighting to extend the hours of use; and Ellen Brennan spoke in support of the ordinance.

Motion by Councilmember McKeown, seconded by Mayor Genser, to introduce and conduct first reading of the ordinance, reading by title only, and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

8-C: Introduction and first reading of an interim ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 6.14.040(D) AND MODIFYING THE DEVELOPMENT STANDARDS IN THE RVC AND BSC DISTRICTS TO ALLOW FORTUNETELLING AS A PERMITTED USE IN THE BSC-1 PORTION OF THE BSC DISTRICT AND ON OCEAN FRONT WALK," was presented.

On order of the Mayor, the matter was opened for public comment. Jerry Rubin spoke in support of the ordinance; and Brian Hutchings discussed fortunetelling.

Motion by Coucilmember Holbrook, seconded by Councilmember Bloom, to introduce and conduct first reading of the interim ordinance, reading by title only and waiving further reading thereof.

Motion to amend by Councilmember Bloom, to remove the BSC-1 as a permitted use site. The motion was accepted as friendly.

Motion to amend by Mayor Genser, to include clarifying language in Section D to specify the appropriate sections along Ocean Front Walk.

Motion by Councilmember McKeown, to give staff direction to clarify language relative to "magnetic or magnetized articles or substances" so it won't apply to computer equipment. Motion accepted as friendly.

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

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

NOES: None

ABSENT: None

14-A: Annual vacancy appointment to the Bayside District Corporation for a term ending June 30, 2004. (Continued from June 13, 2000.)

On order of the Mayor, this matter was continued to July 25, 2000.

14-B: Annual vacancy appointments to the following board and commission vacancies: (Continued from June 20, 2000.)

Brian Hutchings expressed various concerns; Jerry Rubin and Chuck Allord spoke in favor of nominating Ms. Holbrook to the Arts Commission.

On order of the Mayor, the floor was opened for nominations to the Architectural Review Board.

Mayor Genser nominated the two incumbents, Sergio Zeballos and Howard Laks, to the two vacancies on the Architectural Review Board for terms ending June 30, 2004. The two nominees were appointed by acclamation.

On order of the Mayor, the floor was opened for nominations to the Arts Commission.

Councilmember McKeown nominated Phyllis Green. Councilmember Holbrook nominated Jean Anne Holbrook. Phyllis Green was appointed to the Arts Commission for a term ending June 30, 2004, by the following vote:

Ms. Green: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Mayor Pro Tem O'Connor, Mayor Genser

Ms. Holbrook: Councilmember Holbrook

On order of the Mayor, the floor was opened for nominations to the Commission on the Status of Women.

Mayor Pro Tem O'Connor nominated Melissa Balaban. Ms. Balaban was appointed to the Commission by acclamation, for a term ending June 30, 2004.

On order of the Mayor, the floor was opened for nominations to the Library Board for a term ending June 30, 2004.

Councilmember Bloom nominated Sheila Ann Field. Councilmember Holbrook nominated Margaret Pickering. Ms. Field was appointed by the following vote:

Ms. Field: Councilmembers Bloom, Feinstein, McKeown, Mayor Pro Tem O'Connor, Mayor Genser

Ms. Pickering: Councilmembers Holbrook, Rosenstein

Councilmember Holbrook requested that his vote be changed in favor of Ms. Field.

On order of the Mayor, the appointment to the Recreation & Parks Commission was continued to July 25, 2000.

14-C: Request of Mayor Genser to grant $5,000 to the Sister Cities Association. The funds will be used to send the Santa Monica AYSO "Girls Under Twelve" All-Star soccer team to Fujinomiya to compete in a soccer tournament that is part of the celebration of the anniversary of Santa Monica and Fujinomiya becoming Sister Cities.

Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to grant $5,000 to the Sister Cities Association. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

14-D: Request of Mayor Genser to adopt a resolution joining the L.A. County Area Agency on Aging Advisory Council in urging the Governor of California, the State Legislature and the L.A. County Board of Supervisors to cooperate in finding the funds necessary to pay for a living wage and benefits for In House Support Services' personal care assistants.

Member of the public Pro Se addressed the Council in support of the resolution.

Motion by Mayor Genser, seconded by Councilmember Feinstein, to adopt Resolution No. 9542 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF COOPERATIVE EFFORTS TO SAVE LOS ANGELES COUNTY'S IN-HOME SUPPORT SERVICES." The motion was approved by the following vote:

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

NOES: None

ABSENT: None

14-E: Request of Mayor Genser for City Council to support the American Lung Association of California by endorsing the Zero-Emission Vehicle program developed by the California Air Resources Board and to send a letter of support for California's Zero-Emission Vehicle program to Governor Gray Davis and to Dr. Alan Lloyd, Chair of the California Air Resources Board.

Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to approve request. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

16-A: Conference with Real Property Negotiator:

Property: 2330 Michigan Avenue, Santa Monica

Negotiating parties: Craig Perkins, City representative

Under negotiation: Option for acquisition of real estate property

ACTION: Heard. No reportable action taken.

16-B: Public Employee Evaluations.

Employee Titles: City Clerk, City Attorney

ACTION: Heard. No reportable action taken.

16-C: Conference with Legal Counsel - Existing Litigation: Walsh v. City of Santa Monica, Case No. SC 057 065.

ACTION: Heard. No reportable action taken.

16-D: Conference with Legal Counsel - Existing Litigation: Ring Trading Corporation v. City of Santa Monica, Case No. BC 172 044 (consolidated with Mountain View Mobile Inn Residents Association, Inc. v. City of Santa Monica, Case No. SC 052 672.)

ACTION: Heard. No reportable action taken.

16-E: Conference with Legal Counsel - Existing Litigation: Daniel Reyes v. City of Santa Monica, Case No. SC 057 195.

ACTION: Not heard.

16-F: Conference with Legal Counsel - Existing Litigation: Karim Kamal et al., v. City of Santa Monica, et al., Case No. CV 95-1025.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Bloom, to approve payment of judgment in the amount of $339,288.91. Motion approved by the following vote:

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

NOES: None

ABSENT: None

16-G: Conference with Legal Counsel - Existing Litigation: Bank of America v. City of Santa Monica, et al., Case No. 99-4817 (VRW) U.S. Dist. Court, ND Cal).

ACTION: Heard. The City Attorney announced that the court hearing this matter has issued an order that prohibits the City from enforcing its ordinance restricting ATM fees.

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

ACTION: Heard. No reportable action taken.

16-I: Conference with Legal Counsel - Existing Litigation: Conoco, Inc., and Kayo Oil Company, v. City of Santa Monica, Case No. 99-12075 RAP (Cwx).

ACTION: Not heard.

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

ACTION: Heard. No reportable action taken.

16-K: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 313004.

ACTION: Not heard.

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

Number of Cases: Four.

ACTION: Three cases heard. No reportable action taken.

15. PUBLIC INPUT: Member of the public Pro Se spoke in support of a Disabilities Commission. Member of the public Chuck Allord expressed concern regarding crime on the pier and lack of public notice on meetings. Member of the public Richard Kraft requested the Council assist in regaining the artist's spaces at the airport building. Member of the public Brian Hutchings discussed platform hearings and the electoral process. Member of the public Warren Wagner discussed the development processes in Santa Monica and indicated they were arduous. Member of the public Jerry Rubin discussed events on the pier and the Leadership Series.

On the order of the Mayor, the City Council recessed to Closed Session at 9:16 p.m. The City Council meeting was adjourned at 10:45 p.m., in memory of Chris Kerry.

ATTEST:

Maria M. Stewart

City Clerk

APPROVED:

Ken Genser

Mayor