CITY OF SANTA MONICA

CITY COUNCIL MINUTES

OCTOBER 3, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:20 p.m., on Tuesday, October 3, 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 (arrived at 7:30 p.m.)

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 7:22 p.m., with Councilmember Holbrook absent. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

Councilmember Holbrook arrived at 7:30 p.m.

8-A: Recommendation to adopt Resolution No. 9579 (CCS) entitled:

"A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING THE CIVIC CENTER SPECIFIC PLAN;" and Introduction and First Reading of an Ordinance Approving a Development Agreement Between the City and the Rand Corporation. (Public Hearing closed on September 19, 2000.)

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein to adopt Resolution No. 9579 (CCS). 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.

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein to introduce and hold first reading of ordinance.

Deputy City Attorney Barry Rosenbaum explained the severability clauses included in the development agreement and suggested amending the agreement by striking Section 5.2.3 and that Section 15.2.4 remain.

The maker and seconder of the motion accepted the suggestion as friendly.

The motion, as amended, 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 Rosenstein, seconded by Councilmember Feinstein to direct staff to meet on a cooperative basis with RAND to see if the RAND project can achieve LED certification.

Motion to amend by Councilmember Feinstein to direct staff to work with RAND to continue to explore the possibility of double pumping for water recycling. The motion was accepted as friendly. The motion was unanimously approved by voice vote, with all Councilmembers present.

8-B: Resolution No. 9580 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT EVALUATING IMPACTS OF THE PROPOSED PARKING STRUCTURE B REPLACEMENT AT SANTA MONICA COLLEGE;" Resolution No. 9581 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA 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, were presented.

Dr. Piedad Robertson, Executive Director of Santa Monica College, urged support of the proposed project.

The following members of the public expressed various concerns: Joey Fullmer, Gina Oster, and Xena Varela. Members of the public Clyde Smith, Karen Comegy, Ed Moosbrugger, and Beth Galanty-Blaney, Peter Tigler, Terry O'Day, and Don Gray expressed concerns regarding traffic. Ragini Joshi, Jay Kreutzer, Lynda Rush, and Claudia Wong addressed the Council regarding the closure of the pool. The following members of the public addressed the Council in support of the project: Charles Donaldson, Nehasi Lee, Annie Bird, Eric Yoshida, William Robertson, Jerry Rubin, Stephen Silberkraus, Louise Jaffe and John Alexander Cinman.

On order of the Mayor, the City Council recessed at 10:19 p.m., and reconvened at 10:38 p.m., with all members present.

Dr. Robertson discussed the College's support of swimming and alternative solutions to parking. Tom Donner discussed the peak load of students at the college. Dr. Robertson discussed future growth of the College and planned development.

Motion by Councilmember Feinstein, seconded by Mayor Genser to continue the meeting past 11:00 p.m. The motion was approved by voice vote, with Councilmember Rosenstein dissenting.

Ms. Stinchfield explained the proposed schedule for swim programs. Ms. Frick discussed the EIR and traffic study.

Motion by Councilmember Holbrook, seconded by Councilmember Rosenstein to adopt Resolution No. 9580 (CCS), certifying the Final Environmental Impact Report. The motion was approved by the following vote:

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

NOES: Councilmember McKeown and Mayor Genser

ABSENT: None

Councilmember McKeown indicated he voted no due to the inadequacy of the EIR.

Motion by Councilmember Rosenstein, seconded by Councilmember Holbrook to adopt Resolution No. 9581 (CCS)(CEQA). The motion was approved by the following vote:

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

NOES: Councilmember McKeown, Mayor Genser

ABSENT: None.

Councilmember McKeown indicated his vote in opposition was based on the inadequacy of the EIR.

Motion by Councilmember Rosenstein, seconded by Councilmember Holbrook to hold first reading of ordinance approving the amendment to and restatement of development agreement.

Motion to amend by Councilmember Bloom to direct that construction on project not commence until construction on the pool was complete. The amendment was not accepted as friendly and there was no second.

Motion to amend by Councilmember Feinstein to direct that demolition commence in December to allow an extra month of swimming at the College. The motion was accepted as friendly.

Deputy City Attorney Barry Rosenbaum indicated non-substantive technical changes were made to the agreement; recommended deleting Section 9.2.3; and recommended revising the indemnification agreement to reflect the Joint Use Agreement. The recommendation was accepted as friendly. The amended 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

Motion by Councilmember Feinstein, seconded by Mayor Genser to direct staff to investigate the possibility of including solar panels on the structure. 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

9-A: Recommendation to establish a Disabilities Task Force; to approve the proposed role, mission, and agenda for the Task Force; and to appoint members to the Task Force from the list of candidates provided in the report, was presented.

Member of the public Pro Se spoke in support of the recommendation and urged the Commission to appoint Amy Boersma to the Commission. Members of the public Joey Fullmer and Chuck Allord expressed various concerns. Members of the public Carol Snider, Terry Schiller, Joseph Paolucci, and Jerry Rubin spoke in support of the recommendation.

Councilmember Rosenstein was excused at 12:20 a.m.

Motion by Councilmember McKeown, seconded by Mayor Genser to establish a Disabilities Task Force; to approve the proposed role, mission, and agenda for the Task Force; and to appoint members to the Task Force from the list of candidates provided in the report,

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

NOES: None

ABSENT: Councilmember Rosenstein

9-B: 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 Agreement No. 7813 (CCS) for joint use of facilities with the Santa Monica College, was presented.

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

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

NOES: None

ABSENT: Councilmember Rosenstein

14-E: Request of Councilmember Holbrook that staff review a proposal from the Angel's Attic Museum that the City provide a space for their building and move their building to Heritage Square in Ocean Park. The Museum, in exchange, will donate their property to the City, was presented.

Members of the public Craig McDonald, and Chuck Allord spoke in support of the request.

Motion by Councilmember Holbrook, seconded by Mayor Pro Tem O'Connor to approve request. The motion was unanimously approved by voice vote, with Councilmember 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, the item was continued to October 10, 2000.

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

On order of the Mayor, the item was continued to October 10, 2000.

14-A: Authorization for the City Clerk to publish a vacancy on the Commission on Older Americans for the seat left vacant by Commissioner Irvin Edelstein.

Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor to authorize the City Clerk to publish a vacancy on the Commission on Older Americans for the seat left vacant by Commissioner Irvin Edelstein. The motion was unanimously approved by voice vote, with Councilmember Rosenstein absent.

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

Councilmember Holbrook was excused at 12:50 a.m.

Motion by Councilmember Bloom, seconded by Mayor Genser to adopt Resolution No. 9582 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA IN OPPOSITION TO PROPOSITION E8 - THE DRAPER VOUCHER INITIATIVE." The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Holbrook, Rosenstein

Member of the public Joseph Natoli suggested disbanding the Pier Restoration Corporation. Member of the public Art Casillas discussed police activities and enforcement. Member of the public Brian Quincy discussed theft of his property.

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

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor to approve settlement in the amount of $24,000. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Holbrook and Rosenstein

16-B: Conference with Legal Counsel - Existing Litigation: Ray Hart v. City of Santa Monica, Case No. SC 058 435.

ACTION: Not heard.

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

ACTION: Not heard.

16-D: 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-E: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co., et al., Case No. 313 004.

ACTION: Heard. No reportable action taken.

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

ACTION: Heard. No reportable action taken.

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

Number of cases: One.

ACTION: Not heard.

16-H: Conference with Labor Negotiator:

City Negotiator: Karen Bancroft, Personnel Director.

Bargaining Units: Administrative Team Association (ATA)

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

Management Team Associates (MTA)

Municipal Employees Association (MEA)

Public Attorneys Union (PAU)

Santa Monica Firefighters Local 1109 (SMFFA)

Supervisors Team Associates (STA)

United Transportation Union (UTU)

ACTION: Not heard.

On the order of the Mayor, the regular meeting of the City Council was adjourned at 1:45 a.m.

ATTEST:

Maria M. Stewart, City Clerk

APPROVED:

Ken Genser, Mayor