CITY OF SANTA MONICA

CITY COUNCIL MINUTES

SEPTEMBER 26, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor at 6:15 p.m., on Tuesday, September 26, 2000, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Ken Genser (arrived at 9:26 p.m.)

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

On order of Mayor Pro Tem O'Connor the City Council reconvened at 7:10 p.m., with Mayor Genser absent. Councilmember Rosenstein 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.

Motion by Councilmember Holbrook, 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 Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor

NOES: None

ABSENT: Mayor Genser

6-A: Resolution No. 9574 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

6-B: Purchase of one-ton pickup truck with lift gate and dump body - recommendation to award Bid No. 2797 to Golden State Truck Center, in the amount of $29,079.88, to furnish and deliver one pickup truck for the Cemetery Division, Environmental & Public Works Department, was approved.

6-C: Purchase of two cab and chassis with two-yard dump body trucks - recommendation to award Bid No. 2794 to Maurice J. Sopp & Son, in the amount of $111,410.90, to furnish and deliver two dump body trucks for the Open Space Management Division, Community & Cultural Services Department, was approved.

6-D: Purchase of one sign transporting truck - recommendation to award Bid No. 2791 to Roadline Products, in the amount of $49,885.76, to furnish and deliver one sign transporting truck for the Traffic Operations Division, Planning & Community Development Department, was approved.

6-E: Contract for FY1999-2000 Street Light Circuit Conversion Project - Recommendation to negotiate and execute Contract No. 7808 (CCS) with California Electrical Services, in the amount of $430,000, for construction of the FY 1999-2000 Street Light Circuit Conversion Project; and authorize the City Manager to negotiate and execute Contract No, 7809 (CCS) with DMR Team, in the amount of $40,000, for construction management services, was approved.

6-F: Recommendation to adopt a Youth Employment Plan for projects funded under Los Angeles County Safe Neighborhood Parks Propositions of 1992 and 1996; Pier Storm Drain retrofit; Catch Basin Insert Devices; and installation of Continuous Deflective Separation Unit at City Yards; and Santa Monica Dry Weather Runoff Reclamation Facility, was approved.

6-G: Recommendation to authorize the City Manager to negotiate and execute multi year Contract No. 7810 (CCS) with Harris and Company, in the amount of $175,000, for construction mitigation, public outreach, and liaison services in conjunction with the Transit Mall, 4^th Street Improvements, and the Street Resurfacing construction projects, was approved.

7-A: Appeal of Planning Commission Denial of Conditional Use Permit 99-040 for Yankee Doodles - recommendation to deny appeal 00-065 of Planning Commission Denial of Conditional Use Permit 99-040 to allow the establishment of a nightclub, construction of basement level service bar, dance floor, floor plan modifications and consideration of revised floor plans subsequent to the Planning Commission's determination that includes the construction of a second floor level office and storage area for an existing restaurant/billiard hall at 1410 Third Street Promenade, was presented.

On order of the Mayor Pro Tem, the public hearing was opened. The following members of the public spoke in support of the appeal: Paul Collett, Gerard Wells, Ben Feuer, Edward Hoffman, Harris Lasky, Alan Popkin, Eileen Popkin, Arnold Kogen, JoAnne Lonow, Patric Perry, Margaret O'Brien, Arthur Harris, Jerry Rubin.

Member of the public Renee Mizrahi spoke in opposition to the appeal.

Motion by Councilmember Holbrook, seconded by Councilmember Rosenstein, to uphold appeal with the following conditions: No outside promoter; no live broadcasts of music and dancing; no cover charge; have a security plan approved by the Police Department; no lines queuing outside the establishment; no after hour parties; and occupation to remain at current limit.

Discussion ensued on the proposed motion. Subsequent to the discussion, Councilmember Holbrook withdrew his motion and Councilmember Rosenstein withdrew his second.

Motion by Councilmember Rosenstein, seconded by Councilmember Holbrook, to continue this matter in order to provide appellant an opportunity to meet with all interested parties and return with a concept that better meets the concerns voiced by the Councilmembers.

Substitute motion by Councilmember McKeown, seconded by Councilmember Feinstein, to deny the appeal, and uphold the Planning Commission's decision. The motion failed by the following vote:

YES: Councilmembers Feinstein, McKeown

NOES: Councilmembers Bloom, Rosenstein, Holbrook, Mayor Pro Tem O'Connor

ABSENT: Mayor Genser

Substitute motion by Councilmember Bloom, seconded by Mayor Pro Tem O'Connor, to remand this project to the Planning Commission. The motion was approved by the following vote:

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

NOES: Councilmembers McKeown, Feinstein

ABSENT: Mayor Genser

Mayor Genser arrived at 9:26 p.m..

7-B: Recommendation to adopt Resolutions Nos. 9575 and 9576 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT(EIR)," and "A RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE DEMOLITION OF THE LANDMARK STRUCTURE LOCATED AT 2712 2^ND STREET," was presented.

On order of the Mayor, the public hearing was opened. Rosario Perry, on behalf of the property owner, spoke in support of the recommendation. Members of the public Fred Whitlock and Rick Laudati spoke in opposition to the recommendation.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to adopt the Resolution 9475 (CCS) certifying the final EIR, 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

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Holbrook, to deny both existing appeals against the demolition permit.

Substitute motion by Councilmember Bloom, seconded by Mayor Genser, to uphold the appeals, and that the City move and store the structure. The motion failed by the following vote:

AYES: Councilmember Bloom, Mayor Genser

NOES: Councilmembers Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tem O'Connor

ABSENT: None

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Holbrook, to adopt Resolution No. 9576 (CCS) making necessary CEQA findings and adopting statement of overriding considerations for the demolition of the site, reading by title only and waiving further reading thereof, amended to add "Attachment A" which was inadvertently left off the document. Motion approved by the following vote:

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

NOES: Councilmember Bloom, Mayor Genser

ABSENT: None

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to deny appeals, allow demolition of the structure, allow 45 days for staff to obtain photo-documentation, and that the option for a potential buyer for the property remain open. The motion was approved by the following vote:

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

NOES: Councilmember Bloom, Mayor Genser

ABSENT: None

Councilmember Bloom requested the record reflect that his vote against the motion was due to his preference to moving and storing the structure elsewhere, but believes the documentation is a good idea and hopes that the structure is purchased and saved.

Councilmember Holbrook was excused at 11:15 p.m.

8-A: Second reading and adoption of Ordinance No. 1987 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA SUSPENDING SANTA MONICA MUNICIPAL CODE SECTION 4.32.040 RELATED TO AUTOMATED TELLER MACHINE SURCHARGES," was presented.

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

AYES: Councilmembers McKeown, Feinstein, Bloom, Mayor Genser

NOES: Councilmember Rosenstein, Mayor Pro Tem O'Connor

ABSENT: Councilmember Holbrook

9-A: Status of research on a Living Wage Ordinance for Santa Monica and Deliberation on the Matter, Including Direction to Prepare an Ordinance and/or To Conduct Further Inquiry.

On order of the Mayor, the City Council meeting to be continued to Thursday, September 28, at 7:00 p.m. in order to hear this matter more thoroughly.

10-A: Public hearing to receive public input on the Fiscal Year 1999-2000 Annual Review of the City's Coordinated Plan for Homeless Services, was presented.

On order of the Mayor, the public hearing was opened. The following members of the public spoke in support of homeless services: Joey Fullmer Rhonda Meister, John Maceri, and Anita Holcomb.

The following members of the public spoke in support of alternative solutions for addressing the homeless issues: Chuck Allord, Ellen Brennan, Robin Waner, Jery Armstatz, Donna Block, and David Cole.

Motion by Councilmember McKeown, seconded by Councilmember Rosenstein, to receive and file information, and to direct staff to communicate the concerns raised during public comment to the Police Department and the City's outreach teams for the homeless. Motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

10-B: Public hearing for the formation of street lighting assessment districts and recommendation to accept the certified results of the assessment election, adopt a resolution establishing the assessment districts on various city Streets, and order the work to begin.

The Mayor advised that this matter was withdrawn at request of staff.

Councilmember Rosenstein was excused at 12:30 a.m.

11-A: Recommendation from the Commission on the Status of Women that Council approve the establishment of Commissioner Emeritus positions in order to utilize talents of former members who have served the allowable terms with the Commission, was presented.

Members of the public Jerry Rubin and Eileen Lipson spoke in support of the recommendation.

13-A: Request of Pro Se that Council establish a policy of permitting disabled individuals to speak early on agenda items listed for City Council, boards, commissions and task forces, upon request with medical need established by the individual's physician, was presented.

Members of the public Carol Snider and Jerry Rubin spoke in support of the request.

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

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

The Mayor opened the floor for nominations. Councilmember McKeown nominated Thomas Gee. There being no other nominations, Mr. Gee was appointed by acclamation, with Councilmembers Holbrook and Rosenstein absent.

14-B: Appointment to one unscheduled vacancy on the Landmarks Commission for a term ending June 30, 2002.

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

14-C: Appointment to one unscheduled vacancy on the Social Services Commission for a term ending June 30, 2002.

The Mayor opened the floor for nominations. Councilmember Feinstein nominated Jamila Jones. There being no other nominations, Ms. Jones was appointed by acclamation, with Councilmembers Holbrook and Rosenstein absent:

14-D: Appointments to two full terms on the Pier Restoration Corporation for terms ending November 10, 2003.

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

14-E: Appointment to one unscheduled vacancy on the Planning Commission for a term ending June 30, 2002.

The Mayor opened the floor for nominations. Councilmember McKeown nominated Jay Johnson. There being no other nominations, Mr. Johnson was appointed by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Mayor Genser

NOES: None

ABSTAIN: Mayor Pro Tem O'Connor

ABSENT: Councilmembers Holbrook, Rosenstein

14-F: Request of Councilmember McKeown and Councilmember Bloom that the Council adopt Resolution No. 9577 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA EXPRESSING ITS DEEP REGRET OVER THE DECISION OF THE LOS ANGELES TIMES AND ITS PARENT CORPORATION, THE CHICAGO TRIBUNE, TO DISCONTINUE PUBLICATION OF THE SANTA MONICA EDITION OF OUR TIMES; AND CONVEYING THE CITY'S THANKS AND APPRECIATION TO THE STAFF OF OUR TIMES FOR THEIR SERVICE TO OUR COMMUNITY AND COMMITMENT TO HIGH JOURNALISTIC STANDARDS," was presented.

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

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

NOES: None

ABSENT: Councilmembers Rosenstein, Holbrook

14-G: Acceptance of Jorge Pardo's letter of resignation from the Arts Commission and authorization for the City Clerk to publish the vacancy.

Motion by Mayor Genser, seconded by Councilmember Bloom, to accept the letter with regrets. Motion unanimously approved, with Councilmembers Holbrook and Rosenstein absent.

14-H: Request of Councilmembers Bloom, Rosenstein, and Mayor Genser to adopt a resolution in opposition to Proposition 38 - the Draper Voucher Initiative.

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

Members of the public Chuck Allord, Art Casillas, and Brian Hutchings expressed various concerns.

16-A: Conference with Legal Counsel - Existing Litigation: Lawrence v. City of Santa Monica, Case No. SC 056 171.

Motion by Councilmember Feinstein, seconded by Councilmember McKeown, to approve a settlement in the amount of $156,697. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Rosenstein, Holbrook

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

ACTION: Not heard.

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

ACTION: Not heard.

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

ACTION: Not heard.

16-E: Conference with Legal Counsel - Existing Litigation: Alice Cole, et al., v. City of Santa Monica, Case No. SC 055 183.

ACTION: Heard. No reportable action taken.

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

ACTION: Heard. No reportable action taken.

16-G: Conference with Legal Counsel - Existing Litigation: David Levy, et al., v. City of Santa Monica, et al., Case No. SC 063 147.

ACTION: Heard. No reportable action taken.

16-H: Conference with Legal Counsel - Anticipated Litigation.

Number of cases: Four.

ACTION: Heard. No reportable action taken.

On order of the Mayor, the regular meeting of the City Council recessed at 1:30 a.m., and reconvened on Thursday, September 28, 2000, at 7:00 p.m., with all members present to consider the following:

9-A: Status of research on a Living Wage Ordinance for Santa Monica and Deliberation on the Matter, Including Direction to Prepare an Ordinance and/or To Conduct Further Inquiry.

On order of the Mayor, the public hearing was opened. The following members of the public spoke in support of a Living Wage and against Proposition KK: Ann Hoffman, Ed Muzika, Rita Lowenthal, Vivian Rothstein, Beth Leder-Pak, Brain Samuel, Edith Garcia, Delmy Falla, Miguel Marquez, Mayra Rodas, Maria Peralta, Vilma Reyes, Clemencia Raymondo, Celia Talavera, Carol Snider, Buria Finkel, and Eileen Lipson.

The following members of the public suggested formation of a commission to discuss the matter: Karen Bauer, Ann Greenspun, and Dan Ehrler.

The following members of the public spoke in opposition to a Living Wage Ordinance: Mary Ann Powell, Quincy, Trey Nelson, Mike Grunine, Richard Drapkin, Jack Srebnik, Tony Alvarez, Donna Alvarez, Bob Busher, Paul Hortobaghi, Kathy Phillips, Robert Long, Richard Bress, Clay Gillette, Cameron Garcia, Mikke Pierson, and Michael Bank.

Member of the public Tom Larmore addressed the Council in support of Proposition KK. Member of the public Bruce Cameron discussed the study conducted on a living wage.

Motion by Councilmember Feinstein, seconded by Mayor Genser, to hear late chits for one minute each. The motion was unanimously approved by voice vote, with all Councilmembers present.

Members of the public Joe Natoli and Dennis Zane expressed various concerns regarding the living wage. Member of the public Francisco Vasquez spoke in support of a Living Wage and against Proposition KK. The following members of the public spoke in opposition to a Living Wage: Tony Lardas, William F. Delvac, and Paul Dale.

On order of the Mayor, the City Council recessed at 9:32 p.m., and reconvened at 10:00 p.m., with all members present.

Motion by Councilmember Feinstein, seconded by Councilmember Rosenstein, to direct staff to proceed with the following general values, including improving the economic status of the working poor in the community whether resident or non-resident, preserving the viability of local businesses, maintaining the City's economic well-being and vitality of its commercial areas, minimizing adverse affects on residents and keeping solutions simple to administer and defend, taking into consideration comments made during discussion. The motion carried 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 City Council meeting was adjourned at 11:00 p.m.

ATTEST:

Maria M. Stewart, City Clerk

APPROVED:

Ken Genser, Mayor