CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JULY 25, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:18 p.m., on Tuesday, July 25, 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 6:18 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 7:40 p.m., with all members present. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

4-A: Proclamation declaring August 1, 2000, to be National Night Out in the City of Santa Monica.

Mayor Genser proclaimed August 1, 2000, as National Night Out in the City of Santa Monica.

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; Chuck Allord voiced concerns with Items 6-B, 6-F, 6-G and 6-I and requested the items be pulled; Anita Phillips spoke in favor of quieter trash trucks; Pro Se spoke in support of Item 6-A; Patrick Regan spoke in support of Item 6-G and discussed Item

6-J; Randy Walburger and Jack Lamouroux spoke in support of Item 6-G.

At the request of Councilmember Feinstein, Item 6-B was removed from the Consent Calendar. City Attorney Moutrie advised of a minor grammatical correction to the language of the resolution under Item 6-J.

Motion by Councilmember McKeown, seconded by Councilmember Holbrook, to approve all items, on the Consent Calendar as presented, with the exception of Item 6-B, 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, Holbrook, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

6-A: Resolution No. 9543 (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: Contract amendment with USA-PRO to provide consulting services for the Big Blue Bus new, liquid natural gas fueling facility - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract Number 7287(CCS) with USA-PRO in the amount of $50,000, for a total of $90,000, for additional consulting services, was approved.

6-D: Resolution No. 9545 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING FINAL MAP NO. 25559 TO SUBDIVIDE A PROPERTY AT 812 EUCLID STREET FOR CONDOMINIUM PURPOSES," was adopted.

6-E: Recommendation to award Bid No. 2770 to Boerner Truck Center, in the amount of $139,147.80, to furnish and deliver one new bi-fuel GCW truck tractor for the Environmental & Public Works Department, was approved.

6-F: Adoption of resolution to accept funds in the amount of $27,535 from the State of California Department of Conservation, for beverage container recycling services; and recommendation to appropriate funds, as proposed - Resolution No. 9546 (CCS), entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING FROM THE STATE OF CALIFORNIA, DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING TO BE USED FOR BEVERAGE CONTAINER RECYCLING SERVICES AT BUSINESS ESTABLISHMENTS ON MAIN STREET FROM PICO BOULEVARD TO THE SOUTH CITY LIMITS," was adopted, and recommendation to appropriate funds was approved.

6-G: Recommendation to direct staff to prepare an ordinance to control the possession of vicious or dangerous animals and to establish administrative review procedures and infraction penalties for violations of the ordinance, was approved.

6-H: Recommendation to Award Bid No. 2787 to Scott Robinson Honda, in the amount of $117,342.81, to furnish and deliver six new compressed natural gas (CNG) powered intermediate sedans for various departments, was approved.

6-I: Contract Amendment for provision of Utility Users Tax and Franchise Tax audit services - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 6629, with MBIA MuniServices Company/Municipal Resource Consultants, on a fixed fee basis, to provide utility users tax and franchise tax audit services, was approved.

6-J: Resolution suspending the prohibition against surcharges at automated teller machines - Resolution No. 9547 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUSPENDING SANTA MONICA MUNICIPAL CODE SECTION 4.32.040(c) RELATED TO THE PROHIBITION AGAINST SURCHARGES TO NON-CUSTOMERS AT AUTOMATED TELLER MACHINES IN SANTA MONICA," was adopted as earlier amended by the City Attorney.

6-B: Adoption of resolution modifying Preferential Parking Zone I regulations - recommendation to adopt a resolution modifying Preferential Parking Zone I to allow two-hour parking without permits between 9:00 a.m. and 6:00 p.m., in the area bounded by Strand Street, Third Street, Ocean Park Boulevard and Main Street, and amendment to Resolution No. 9344 (CCS).

Councilmember Feinstein clarified that the purpose of the item was to modify the hours following discussions and negotiation with the Coastal Commission regarding jurisdiction over parking.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to adopt Resolution No. 9544 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE REGULATIONS IN PREFERENTIAL PARKING ZONE I AND AMENDING RESOLUTION NO. 9344 (CCS) BY REPLACING

EXHIBIT A," and amending the language to indicate the amendment was made in order to avoid fighting the Coastal Commission over jurisdiction. 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

END OF CONSENT CALENDAR

8-A: Second reading and adoption of an ordinance amending Chapter 6.72 of the Municipal Code (Utility Users' Tax). (Introduced July 11, 2000.)

Motion by Councilmember Holbrook, seconded by Councilmember Feinstein, to conduct second reading and adopt Ordinance No. 1979 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6.72 OF THE MUNICIPAL CODE RELATED TO THE CITY'S UTILITIES TAX," 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, Mayor Genser

NOES: None

ABSENT: None

8-B: Second reading and adoption of an ordinance adding a section to the Municipal Code re the use of Chess Park and Muscle Beach. (Introduced July 11, 2000.)

Motion by Councilmember Holbrook, seconded by Mayor Pro Tem O'Connor, to conduct second reading and adopt Ordinance No. 1980 (CCS) 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," 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, Mayor Genser

NOES: None

ABSENT: None

8-C: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS 6.112.020 AND 6.112.030 RELATING TO STREET PERFORMANCE TO RESTRICT VENDING AND PROHIBITING THE USE OF SOUND AMPLIFICATION EQUIPMENT ON THE THIRD STREET PROMENADE DURING PEAK HOURS; AND REPORT ON THE EFFICACY OF STREET PERFORMANCE LAWS," was presented.

On the order of the Mayor, the public hearing was opened. The following members of the public spoke: Joey Fullmer indicated support for the ordinance. Jerry Rubin and Pat Cottrell spoke in opposition to the ordinance. Steele Smith spoke in support of the ordinance.

Motion by Councilmember McKeown, seconded by Mayor Genser, to introduce and conduct first reading of only the section of the ordinance clarifying vending rules, reading by title only and waiving further reading thereof.

Motion to amend by Councilmember Feinstein, to request that Bayside District hold a meeting with the parties involved to discuss potential solutions and report back to the Council in an expeditious fashion. Motion accepted as friendly. The amended 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

8-D: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE CITY'S TRANSPORTATION MANAGEMENT PLAN TO REFLECT CHANGES IN THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT REGULATIONS AND CLARIFY EXISTING LAW;" and adoption of Resolution No. 9578 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING THE FILING FEE FOR EMPLOYER EMISSION REDUCTION PLANS SUBMITTED PURSUANT TO THE TRANSPORTATION MANAGEMENT ORDINANCE."

Member of the public Chuck Allord spoke in opposition to the ordinance.

Motion by Councilmember Feinstein, seconded by Councilmember O'Connor, to introduce and conduct first reading of the ordinance, reading by title only and waiving further reading thereof. The motion carried by the following vote:

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

NOES: None

ABSENT: None

Motion by Councilmember Bloom, seconded by Councilmember Feinstein, to adopt Resolution No. ____, 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, Mayor Genser

NOES: None

ABSENT: None

9-A: Resolution Placing the Proposed Santa Monica Taxpayer Protection Charter Amendment and the proposed Santa Monica Living Wage Charter Amendment on the November 7, 2000, Election Ballot; and adoption of other related resolutions, was presented.

The following members of the public spoke in support of the recommendation: Chuck Allord, Bill Gallagher. The following members of the public spoke in opposition to the recommendation: Jerry Rubin, Vivian Rothstein, Steve Ury, Judy Abdo, Kathleen Masser, Edith Garcia, Brian Samuel, Julie Lopez Dad, Donna Block, and Reverend William Campbell.

On order of the Mayor, the City Council recessed at 9:55 p.m., and reconvened at 10:15 p.m., with all members present.

Discussion ensued regarding the content of the question to appear on the ballot.

Motion by Councilmember McKeown, seconded by Mayor Pro Tem O'Connor, to amend the text for Living Wage ballot question so it will read as follows: "Shall the City Charter be amended to add specified minimum wage and employee benefit requirements for some employees doing work on City contracts and grants and barring the City from establishing, modifying or regulating the wage and benefit requirements except by initiative?" The motion was unanimously approved voice vote, with all members present.

Motion by Councilmember Feinstein, seconded by Councilmember McKeown, to continue past 11:00 p.m. The motion was approved by a unanimous voice vote, with all members present.

Motion by Mayor Genser, seconded by Councilmember Bloom, to close the public hearing and continue action on the matter to August 1, 8:00 p.m. The motion carried by unanimous voice vote, with all members present.

9-B: Recommendation to direct staff to prepare the necessary resolutions to place a City Charter amendment on the November 7, 2000, election ballot to provide for the setting of the amount of fines imposed for violations of City codes by ordinance, was presented.

Members of the public Martin Rubin, James Donaldson, and Robin Waner spoke in support of the recommendation.

For the benefit of the public, Councilmember Bloom explained that the proposal would provide the Council with broad discretion on applying fines. He suggested the matter be brought back with options.

Motion by Mayor Genser, seconded by Councilmember Holbrook, to direct staff to return with two options: 1) as presented in the staff report and 2) related only to the airport, and to return on August 1, if feasible, or August 8, 2000. The motion was approved by unanimous voice vote, with all members present.

12-A: Adoption of resolution authorizing the City Manager to execute a memorandum of understanding with the Public Attorney's Legal Support Staff Union (PALSSU).

Motion by Councilmember Holbrook, seconded by Councilmember McKeown, to adopt Resolution No. 9548 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC ATTORNEY'S LEGAL SUPPORT STAFF UNION," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSTAIN: Mayor Pro Tem O'Connor

ABSENT: None

Mayor Pro Tem O'Connor indicated she abstained because she was not present during the Closed Sessions.

12-B: Adoption of resolution authorizing the City Manager to execute a memorandum of understanding with the Santa Monica Police Officers Association.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to adopt Resolution No. 9549 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA POLICE OFFICERS ASSOCIATION," 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 Genser

NOES: None

ABSTAIN: Mayor Pro Tem O'Connor

ABSENT: None

Mayor Pro Tem O'Connor indicated she abstained because she was not present during Closed Sessions.

14-A: Appointment to one unscheduled vacancy on the Planning Commission for a term ending June 30, 2001.

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

Councilmember McKeown nominated Laurel Roennau. Mayor Pro Tem O'Connor nominated Anthony Loui. Councilmember Holbrook nominated Matt Kenny. No nominee received a majority of votes as follows:

Ms. Roennau: Councilmembers Bloom, Feinstein, McKeown

Mr. Loui: Mayor Pro Tem O'Connor, Mayor Genser

Mr. Kenny: Councilmembers Rosenstein, Holbrook

Subsequent to the vote, Councilmembers Bloom and Feinstein requested their votes be changed in favor of Mr. Loui. Therefore Council appointed Anthony Loui by majority vote of Councilmembers Bloom, Feinstein, Mayor Pro Tem O'Connor, Mayor Genser.

14-B: Acceptance of John Zinner's letter of resignation from the Planning Commission and authorization for the City Clerk to publish vacancy.

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to accept John Zinner's resignation from the Planning Commission with regret and to authorize the City Clerk to publish the vacancy. The motion was approved by unanimous voice vote, with all members present

14-C: Annual vacancy appointment to the Bayside District Corporation for a term ending June 30, 2004. (Continued from July 11, 2000.)

On order of the Mayor, the floor was opened for nominations. Councilmember Feinstein nominated Kathleen Arndt. There being no other nominations, Ms. Arndt was appointed by acclamation, with all members present.

14-D: Annual vacancy appointment to the Recreation & Parks Commission for a term ending June 30, 2004. (Continued from July 11, 2000.)

On order of the Mayor, the floor was opened for nominations. Councilmember Feinstein nominated Josefina Santiago. There being no other nominations, Josefina Santiago was appointed by acclamation, with all members present.

15. PUBLIC INPUT: Member of the public Art Casillas discussed crime in the area and disagreed with reports of decreased crime. Member of the public Chuck Allord expressed various concerns with Code Enforcement.

16-A: Conference with Real Property Negotiators:

Property: 1819 Ocean Avenue

City Negotiator: Mark Richter

Owners of Record: Sunstone Hotel Investors

Under Negotiation: Terms and conditions of lease.

ACTION: Heard. No reportable action taken.

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

ACTION: Not heard.

16-C: Conference with Legal Counsel - Existing Litigation: Walsh v. City of Santa Monica, Case No. SC 057065.

ACTION: Not heard.

16-D: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. BC 230 106.

ACTION: Not heard.

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

ACTION: Not heard.

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

ACTION: Not heard.

16-G: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co., et al., Case No. 313004.

ACTION: Not heard.

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

ACTION: Not heard.

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

Number of Cases: Four.

ACTION: One case heard. No reportable action taken.

16-J: Conference with Labor Negotiator:

City Negotiator: Karen Bancroft, Personnel Director.

Bargaining Units: Public Attorney's Legal Support Staff Union (PALSSU).

Santa Monica Police Officers Assn. (POA)

ACTION: See 12-A and 12-B.

On the order of the Mayor, the City Council meeting was adjourned at 11:55 p.m., to August 1, 2000, in memory of Katherine K. Knight.

ATTEST:

Maria M. Stewart

City Clerk

APPROVED:

Ken Genser

Mayor