CITY OF SANTA MONICA

CITY COUNCIL MINUTES

SEPTEMBER 19, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:20 p.m., on Tuesday, September 19, 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 7:37 p.m., with all members present. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

4-A: Commendation to Bonnie Freeman for her commitment to the environment, contribution to sustainability of the community, and outstanding service to students, schools, and residents of the City, was presented.

Mayor Genser presented the commendation to Bonnie Freeman.

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 and Anita Phillips indicated support for Item 6-A; Jeff Seymour and Judie Smith spoke in opposition to Item 6-A; Pro Se, Terry Schiller, Jerry Rubin, and Kecia Weller expressed various concerns regarding Item 6-A and the need for notification to disabled and seniors; and Tom Larmore discussed Item 6-B.

At the request of Councilmember Bloom, Item 6-A was removed from the Consent Calendar. At the request of Councilmember Rosenstein, Item 6-B was removed from the Consent Calendar. There being no other items on the Consent Calendar, each item was considered individually.

6-A: Contract for provision of curb-to-curb paratransit and fixed route shuttle service - recommendation to authorize the City Manager to negotiate and execute Contract No. 7801 (CCS) with Transportation Concepts, Inc., in the amount of $1.5 million over a three-year period, to provide curb-to-curb paratransit service and fixed route shuttle service was presented.

At the request of Councilmember Bloom, staff provided a staff report and addressed concerns raised by members of the public.

Motion by Councilmember Bloom, seconded by Mayor Pro Tem O'Connor, to authorize the City Manager to approve staff recommendation. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

6-B: Recommendation to approve an amended and restated Pacific Shore Hotel lease agreement with Elkor Realty Corporation, including assignment and modification, and termination of the existing agreement with Sunstone Hotels, LLC, as outlined in the staff report, was presented.

At the request of Councilmember Rosenstein, staff provided a staff report addressing concerns raised by a member of the public.

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

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

NOES: Councilmember Holbrook

ABSENT: None

Councilmember Holbrook stated, for the record, that he voted in opposition because he felt the economic advantage of the City was compromised, and that the public paid for the labor portion of the contract.

END OF CONSENT CALENDAR

8-A: Recommendation to adopt Resolution No. 9571 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT;" to not adopt resolution amending the Land Use and Circulation Element of the General Plan; to adopt Resolution No. 9572 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING RECOMMENDED CIVIC CENTER SPECIFIC PLAN POLICIES; TO ADOPT RESOLUTION ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS;" and introduction and first reading of an ordinance approving a Development Agreement between the City and the RAND Corporation.

Motion by Mayor Genser, seconded by Councilmember Rosenstein, to provide the RAND representatives 20 minutes to present the matter. The motion was approved by voice vote, with all Councilmembers present.

On order of the Mayor, the pubic hearing was opened. Jim Thompson, Paul O'Neil, Paul Dana, and Michael Rich, representing RAND, presented the proposed project.

Mark Gold and Matt Peterson spoke in support of the project and encouraged the Council to require the design of the building meet LED certification:

Members of the public Joey Fullmer, Brian Hutchings, and Daniel Gregory expressed various concerns.

The following members of the public spoke generally in support of the project and expressed various concerns: Jay Fiondella, Steve Brackett, Shane Talbot, Merpad Farvar, Ken Feingold, Rodney Punt, Susan F. Rice, Eric Parlee, Dorothy Chapman, Betsy Hiteshew, Irene Zivi, Judith Brunk, Albert Okuma, Monika White, Bryce Benjamin, Maria Arechaederra, Ann Greenspun, Graham Wong, Dan Ehrler, Nathan Pratt, Tom Larmore, Jean McNeil Wyner, Ralph Mechur and Ellen Brennan. Member of the public Jon Markowitz spoke against the project.

RECESS

On order of the Mayor, the City Council recessed at 10:36 p.m., and reconvened at 10:55 p.m., with all members present.

Michael Meyer and Michael Rich provided rebuttal and summary of the project.

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

Motion by Mayor Genser, request that RAND redesign the building with a scale that is more compatible with a pedestrian oriented Civic Center. The motion died due to lack of a second.

Motion by Mayor Genser, seconded by Councilmember McKeown, to require an east/west pedestrian path through the building, subject to hours of operation. The motion failed by voice vote, with Councilmembers Feinstein, Bloom, Holbrook, Rosenstein, and Mayor Pro Tem O'Connor voting in opposition.

Motion by Councilmember Bloom, seconded by Councilmember Holbrook, that building paths be considered as part of the Council's consideration of the overall Civic Center Plan modifications that may be made and what would be done with the land, and that RAND develop what the community determined.

Motion to amend by Councilmember Feinstein, that should the public process suggest deviation from the path as RAND drawings suggested that RAND would agree to participate in that deviation. The motion was accepted as friendly.

The amended motion was unanimously approved by voice vote, with all Councilmembers present.

Motion by Councilmember Holbrook, seconded by Councilmember Rosenstein, to end the meeting at 2:00 a.m. The motion failed by the following vote:

AYES: Councilmembers Holbrook and Rosenstein

NOES: Councilmembers Feinstein, Bloom, McKeown, Mayor Pro Tem O'Connor, and Mayor Genser

ABSENT: None

Motion by Mayor Genser, to have the setback at 27-feet as recommended by the design consultant. The motion died due to lack of a second.

Motion by Councilmember Holbrook, seconded by Councilmember Feinstein, to remove the step out on the north side of the building. The motion was withdrawn. Substitute motion by Councilmember Bloom, seconded by Councilmember Holbrook, to approve Option 3 as presented by the architect. The motion was withdrawn.

By consensus, the Council determined to require the electrical transformers be in the building or underground.

Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to delete the fins and eyebrows, and require reflective glass. The motion failed by the following vote:

AYES: Councilmember Feinstein, Mayor Pro Tem O'Connor, and Mayor Genser

NOES: Councilmembers Bloom, Holbrook, Rosenstein, and McKeown

ABSENT: None

Motion by Councilmember Rosenstein, to require the building to achieve a LED standard certification. The motion died due to lack of a second.

Motion by Councilmember Feinstein, seconded by Councilmember McKeown, to prohibit staging of construction process on Main Street, minimize construction staff parking west of Ocean and that staff work on the truck routing to minimize the Ocean Avenue traffic. The motion was unanimously approved by voice vote, with all members present.

Motion by Mayor Genser, seconded by Councilmember Feinstein, to, at the City's option, require paving for the construction staff parking log to minimize dust. The motion was unanimously approved by voice vote, with all members present.

Motion by Councilmember Holbrook, seconded by Councilmember Feinstein, to adopt Resolution No. 9571 (CCS), certifying the EIR. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

Motion by Councilmember Bloom, seconded by Councilmember Holbrook, to adopt Resolution No. 9572 (CCS), Statement of Overriding Considerations. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to defer remaining action of introducing the ordinance, direct staff to redraft the documents to reflect the discussion and the decisions made, and return to Council. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

On order of the Mayor, the introduction and first reading of the ordinance was continued to October 3, 2000.

Councilmembers Holbrook, Rosenstein, and Mayor Pro Tem O'Connor were excused at 2:30 a.m.

8-B: Resolution certifying the Final Environmental Impact Report evaluating impacts of the proposed Parking Structure B Replacement at Santa Monica College; resolution making necessary CEQA findings to approve an amendment to existing Development Agreement, and adopting Statement of Overriding Considerations and Mitigation Monitoring Plan; and, introduction and first reading of an ordinance adopting the Second Amendment to the Development Agreement between the City and Santa Monica College.

On order of the Mayor, this matter was continued to October 3, 2000.

8-C: Introduction and first reading of an ordinance suspending Santa Monica Municipal Code Section 4.32.040 related to automated teller machine surcharges, was presented.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to introduce ordinance for first reading. The motion carried by the following vote:

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

NOES: None

ABSENT: Councilmembers Rosenstein, Holbrook, and Mayor Pro Tem O' Connor

12.A: Resolution authorizing the City Manager to execute a Memorandum of Understanding with Supervisors Team Associates, was presented.

Motion by Councilmember Bloom, seconded by Councilmember Feinstein, to adopt Resolution No. 9573 (CCS). The motion carried by the following vote:

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

NOES: None

ABSENT: Councilmembers Rosenstein, Holbrook, and Mayor Pro Tem O' Connor

9-A: Approval of agreement for joint use of facilities with Santa Monica College for use of the new Municipal Pool - recommendation to authorize the City Manager to negotiate and execute an agreement for joint use of facilities with the Santa Monica College, was presented.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to continue to October 3, 2000. The motion carried by the following vote:

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

NOES: None

ABSENT: Councilmembers Rosenstein, Holbrook, and Mayor Pro Tem O' Connor

13-A: Request of Pro Se to address Council requesting Council to go on record in support of establishment of a California State Disabilities Commission and to direct staff to contact other cities urging their support, was presented

Member of the public Pro Se addressed the Council regarding the need for establishment of a California State Disabilities Commission. Member of the public Brian Quincy Hutchings spoke in support of the item.

On order of the Mayor, the information was received and filed.

13-B: Request of Ralph Mechur, representing the Yes for Kids Committee, requesting that Council endorse Proposition Y, the parcel tax measure, was presented.

Member of the public Ralph Merchur requested the Council's support of Proposition Y. Member of the public Brian Quincy Hutchings discussed mathematics curriculum.

Motion by Councilmember Bloom, seconded by Councilmember McKeown, to approve the request that the Council endorse Proposition Y. The motion carried by the following vote:

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

NOES: None

ABSENT: Councilmembers Rosenstein, Holbrook, and Mayor Pro Tem O' Connor

13-C: Request of John J. Coluccio that Council consider purchasing the property located at 137, 145 and 147 Bay Street because the current owners have filed an Ellis Act application, and to preserve rental housing for existing tenants and for future low-income tenants.

The Mayor announced that this matter had been withdrawn.

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