CITY OF SANTA MONICA

CITY COUNCIL MINUTES

OCTOBER 10, 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 10, 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

Assistant City Clerk Beth Sanchez

On order of the Mayor, the City Council convened at 6:20 p.m., and then adjourned to consider closed sessions, with all members present. Action taken on closed sessions was reported at the end of the meeting.

On order of Mayor Genser the City Council reconvened at 7:20 p.m., with all members present. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

On order of the Mayor, the City Council recessed at 7:22 p.m., to the following joint meeting.

4-A: CC/HA/PA/RA-1: Recommendation to adopt Fiscal Year 1999-2000 and Fiscal Year 2000-2001 budget changes and adopt Resolution No. 9583 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING VARIOUS NEW CLASSIFI-CATIONS AND ADOPTING VARIOUS NEW SALARY RATES," was presented.

Member of the public Joey Fullmer expressed various concerns.

Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to approve the Fiscal Year 1999-2000 and Fiscal Year 2000-2001 budget changes and adopt the resolution, reading 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 and Mayor Genser

NOES: None

ABSENT: None

On order of the Mayor, the joint meeting adjourned at 7:34 p.m., and the City Council reconvened thereafter to the following joint meeting, with all Councilmembers present.

Member of the public Quincy (Brian Hutchings) expressed various concerns.

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

AYES: Agency Members Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Chair Pro Tem O'Connor and Chair Genser

NOES: None

ABSENT: None

On order of the Mayor, the joint meeting was adjourned at 7:40 p.m., and the City Council reconvened to its regular meeting with all Councilmembers present.

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 spoke to the Consent Calendar: Joey Fullmer expressed various concerns; Chuck Allord addressed item 6-D, Jerry Rubin addressed item 6-J.

At the request of Councilmember Rosenstein, Item 6-L was removed from the consent calendar. At the request of Councilmember McKeown, Item 6-C was removed from the consent calendar.

The Mayor advised that Item 6-E was withdrawn at the request of staff.

Motion by Councilmember Feinstein, seconded by Councilmember McKeown, to approve all items, on the Consent Calendar as presented, reading resolutions and ordinance by title only and waiving further reading thereof, with the exception of Items 6-C, 6-E, and 6-L. 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

6-A: The minutes of May 23, 2000, City Council meeting, were approved as submitted.

6-B: Earthquake Recovery Resolution - Resolution No. 9584 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE CONTINUING EXISTENCE OF A LOCAL EMERGENCY (January 1994 Earthquake Damage)", was adopted.

6-D: Approval of Contract for analysis of transit service - The City Council authorized the City Manager to negotiate and execute Contract No. 7815 (CCS) with First Transit, Inc., in the amount of $170,000, to undertake a line-by-line analysis of transit service, a five year plan for a service improvement program, and a fare restructuring evaluation.

6-E: Recommendation to adopt resolution in support of Proposition 35 - the Fair Competition and Taxpayer Savings Act, was withdrawn at the request of staff.

6-F: Recommendation to authorize the City Manager to accept reimbursements from the State for MTBE-related costs, and execute contracts for well field technical oversight - recommendation to authorize the City Manager to negotiate and execute professional services Contract No. 7816 (CCS)(Komex) with KOMEX H₂O Science, Inc., in the amount of $1,417,205, for Charnock well field technical oversight, and Contract No. 7817 (CCS)(H₂0R²) with H₂0R² Consultants, in the amount of $196,600, for Arcadia well field technical oversight, related to MTBE investigation, assessment, and remediation; and authorize the City Manager to accept State funding for reimbursement of MTBE-related costs, was approved.

6-G: Certificate of Statement of Official Action for Appeals of the Final Meritorious Sign List, was approved.

6-H: Contract amendments for Black & Veatch, Inc., and for Harris and Company for construction management services and Public Outreach Services relating to the Santa Monica Urban Runoff Recycling Facility - recommendation to authorize the City Manager to negotiate and execute contracts with Black & Veatch, Inc., in the amount of $140,000, for additional construction management services,; and with Harris & Company, in the amount of $25,000, for additional community outreach services relating to the Santa Monica Urban Runoff Recycling Facility, was approved.

6-I: Recommendation to adopt a resolution authorizing the submittal of an application for Sustainable Building Grant Funding - Resolution No. 9585 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR SUSTAINABLE BUILDING GRANT FUNDING", was adopted and the City Manager or her designee was authorized to execute necessary applications, contracts, payment requests, agreements, and amendments related to the grant.

6-J: Approval of Contract to provide fiscal management for Green Team Program, an environmental outreach program to increase participation in the Sustainable Cities Program - recommendation to authorize the City Manager to negotiate and execute Contract No. 7818 (CCS) with Global Green USA, in the amount of $102,600, to provide fiscal management of the Santa Monica Green Team Program, was approved.

6-K: Approval of Contract to provide customer service training for employees of the Big Blue Bus - recommendation to authorize the City Manager to negotiate and execute Contract No. 7819 (CCS) with Insight Strategies Inc., in the amount of $120,000, to provide customer service training for employees of Santa Monica's Big Blue Bus, was approved.

6-C: Certification of Statement of Official Action for ten-unit condominium project at 834-838 16^th Street - Approve Statement of Official Action for Appeal 00-075 of the Planning Commission Denial of Conditional Use Permit 98-047 and Vesting Tentative Tract Map 52649 to allow the construction of a ten-unit condominium project with twenty-two subterranean parking spaces located at 834-838 16^th Street was presented.

Councilmember McKeown requested that the vote on the Statement of Official Action be corrected to indicate his vote as "recused."

Motion by Councilmember Feinstein, seconded by Mayor Genser, to approve the recommendation, as amended by Councilmember McKeown. The motion was unanimously approved by voice vote, with Councilmember McKeown recusing himself from voting, and all other members present.

6-L: Resolution setting a public hearing on November 28, 2000 for confirmation of assessment costs for installation of streetlights on various City streets - recommendation to adopt Resolution No. 85 96 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON NOVEMBER 28, 2000 FOR THE CONFIRMATION OF ASSESSMENT COSTS FOR THE INSTALLATION OF STREETLIGHTS ON VARIOUS CITY STREETS," was presented.

Councilmember Rosenstein presented questions and asked for additional information on the project. Staff provided the information requested..

Motion by Councilmember Rosenstein, seconded by Mayor Genser, to adopt the resolution, reading 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 and Mayor Genser

NOES: None

ABSENT: None

7-A: Appeals 00-070 and 00-072 of Planning Commission approval of Conditional Use Permit for Club Sugar, 814 Broadway - recommendation to deny Appeals 00-070 and 00-072 and uphold the Planning Commission's approval of Conditional Use Permit 99-045 for the issuance of a Type 48 (on-sale general public premises) alcohol license for an existing legal non-conforming nightclub establishment with a Type 42 (on-sale beer and wine public premises) alcohol license located at 814 Broadway. Applicant: Suite Events, LLC, Club Sugar. Appellants: Kelly Olsen (00-070) and Suite Events (00-072). Property Owner: Kayvan Naimi, was presented.

Appellant Kelly Olsen spoke in support of the appeal. Jonathan Horn, representing applicant, spoke in opposition to the appeal.

The following members of the public addressed various aspects of the project: Joey Fullmer, Chuck Allord, Martine Brousse, Ron Shotola, Lisa Friedman, Paul Messick, Steve Kraves and Jerry Rubin.

On order of the Mayor, the City Council recessed at 9:30 p.m., and reconvened at 9:42 p.m., with all members present.

Motion by Mayor Genser, seconded by Councilmember McKeown, to uphold Appeal 00-070 to deny the project, and direct staff to return with appropriate findings to support denial. 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

8-A: Second reading and adoption Ordinance No. 1988 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AUTHORIZING AN AMENDMENT BETWEEN PERS AND THE CITY," was presented.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to adopt 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, Mayor Genser

12-A: Recommendation No. 9587 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA EXPANDING PREFERENTIAL PARKING ZONE W TO INCLUDE 28^TH STREET BETWEEN PEARL STREET AND OCEAN PARK BOULEVARD AND TO INCLUDE PEARL STREET BETWEEN 27^TH STREET AND 29^TH STREET, AND AMENDING CITY COUNCIL RESOLUTION 9344(CCS), was presented.

Members of the public Mitchell Block and Dorothy McGregor spoke in support of the recommendation.

Motion by Councilmember Bloom, seconded by Mayor Pro Tem O'Connor, to adopt the resolution, reading 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

14-A: Request of Councilmember McKeown that in recognition of overwhelming potential impacts on our community the City of Santa Monica request a 180-day public comment period on the draft Environmental Impact Report and Environmental Impact Statement for the proposed expansion of Los Angeles Airport, was presented.

Members of the public Jerry Rubin, Cathy Larson, and Quincy, spoke in support of the request.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to approve the request. The motion was unanimously approved by voice vote, with all members present.

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

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

Mayor Pro Tem O'Connor nominated Robert Posek. Councilmember Holbrook nominated Diane Ghirardo. There being no other nominations, Mr. Posek was appointed by the following vote:

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

Diane Ghirardo: Councilmember Holbrook.

Abstain: Councilmember Rosenstein

14-C: 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 24, 2000.

The following members of the public spoke on various issues: Mark Rosenberg spoke regarding construction violations at Chess Park; Art Casillas spoke regarding crime in Pico Neighborhood; Ken Ward spoke regarding the City's permit process relative to his mobile home; Quincy expressed various concerns; Chuck Allord regarding the City's homeless policy.

Councilmembers Rosenstein, Holbrook, and Mayor Pro Tem O'Connor, were excused at 11: 30 p.m.

On order of the Mayor, the City Council recessed at 11:20 p.m., and reconvened at 1:00 a.m. to report on the following closed sessions

16-A: Conference with Labor Negotiator:

City Negotiator: Karen Bancroft, Personnel Director.

Bargaining Units: Administrative Team Association

Public Attorney's Legal Support Staff Union

Management Team Associates

Municipal Employees Association

Public Attorneys Union

Santa Monica Firefighters Local 1109

Supervisors Team Associates

United Transportation Union

ACTION: Heard. No reportable action taken.

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

Motion by Councilmember Feinstein, seconded by Councilmember McKeown, to approve a settlement in the amount of $45,000. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Mayor Genser

NOES: None

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

ACTION: Heard. Settlement approved in the amount of $45,000.00.

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

16-E: 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-F: Conference with Legal Counsel - Anticipated Litigation.

Number of cases: One.

ACTION: Heard. No reportable action taken

On the order of the Mayor, the City Council adjourned at 1:05 a.m., to October 24, 2000, in memory of Irene Cowhig.

ATTEST:

Beth Sanchez, Assistant City Clerk

APPROVED:

Ken Genser, Mayor