CITY OF SANTA MONICA

CITY COUNCIL MINUTES

NOVEMBER 28, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:20 p.m., on Tuesday, November 28, 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 7:34 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, with Councilmember Holbrook absent. Action taken on closed sessions was reported at the end of the meeting.

On order of the Mayor, the City Council reconvened at 7:16 p.m., with Councilmember Holbrook absent. Troop 55 of the Boy Scouts led the assemblage in the Pledge of Allegiance.

4-A: The Santa Monica-Malibu School District thanked Councilmembers and the City of Santa Monica for their support of the school district and youth of the community.

The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion.

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

NOES: None

ABSENT: Councilmember Holbrook

6-A: The minutes of June 27, July 11, July 18, and July 25, 2000, City Council meetings were approved as submitted.

6-B: Resolution No. 9597 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

6-C: Recommendation to donate fifteen used Police Department handheld radios to Santa Monica High School, was approved.

6-D: Rejection of bid and award of contract for sewer repair project - recommendation to make a finding that the materials or services for this project may be purchased more reasonably on the open market and that the best interests of the City are served by rejecting all bids received; to authorize the City Manager to negotiate and execute Contract No. 7848 (CCS) with Preussag Pipe Rehabilitation, Inc., in the amount of $2,413,158, for repair of sewers in the area bounded by the easterly City limits, Lincoln Boulevard, Ocean Park Boulevard, and the southerly City limits; and, execute Contract No. 7849 (CCS) with Harris & Associates Engineering Consultants, in the amount of $435,080, for management and inspection services, was approved.

6-E: Design services for California Incline Replacement, and Pier Bridge Widening - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7148(CCS) with Wallace, Roberts & Todd, Inc., in the amount of $609,586, for design services for the projects, was approved.

6-F: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7850 (CCS) with CH2M HILL, in the amount of $49,241, to prepare a feasibility study for the Arcadia Water Treatment Plant, was approved.

6-G: Recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7482 (CCS) with Valley Oaks Systems, Inc., in the amount of $65,600, to purchase an expanded information system for the Risk Management Division, was approved.

6-H: Recommendation to negotiate and execute Agreement No. 7866 (CCS) with Sentry Control Systems, in the amount of $866,977 for each of three years, for the acquisition of parking access and revenue control equipment for the downtown parking structures, beach lots, and Pier parking lot, was approved.

6-I: Recommendation to approve donation of obsolete fire hose and other used Fire Department equipment and clothing to the Volunteer Fire Department of Mazatlan, Sinaloa, Mexico, on behalf of the City of Santa Monica, was approved.

6-J: Recommendation to approve payment to Nixon-Egli Company, in the amount of $95,569, for rental costs of a curb and gutter machine, was approved.

6-K: Amendment to professional services contract for the Big Blue Bus -recommendation to authorize the City Manager to amend the professional services contract with Innovative Resources Consultant Group, Inc., in an amount not to exceed $120,000, for fiscal year 2000-01 organizational development at the Big Blue Bus, was approved.

6-L: Short Range Transit Plan Update and Application for Funds - recommendation to authorize the City Manager to file a Short Range Transit Plan Update to permit the Big Blue Bus to remain eligible for federal and state transit funds; and authorize the City Manager to file applications and enter into necessary agreements for funds received, based on the Transit Plan, was approved.

6-M: Recommendation to adopt Resolution No. 9598 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON DECEMBER 19, 2000, AND DECLARING THE INTENTION OF ORDERING THE VACATION OF A PORTION OF EXCESS PUBLIC RIGHT-OF-WAY ALONG 26^TH STREET IN SANTA MONICA," was approved.

6-N: Administration Services for Residential Repair Program - recommendation to authorize the City Manager to execute Contract 7851 (CCS) with Comprehensive Housing Services, in the amount of $500,000, to administer the Low Income Residential Repair Program through June 30, 2001, was approved.

Councilmember Holbrook arrived at 7:34 p.m.

8-A: Introduction and first reading of an ordinance designating the four residential buildings located at 137, 141, 145, and 147 Bay Street as an Historic District, was presented.

The following members of the public spoke in support of the proposed ordinance: Jim Simmons, Annette Del Zoppo, Kathleen Masser, Francesca Smith, John Colussio, Darrell Clark.

The following members of the public spoke in opposition to the proposed ordinance: Rosario Perry, Manhar Patel.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

8-B: Second reading and adoption of Interim Ordinance No. 1991 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA MODIFYING ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE RELATING TO DEVELOPMENT REVIEW THRESHOLDS IN THE RVC RESIDENTIAL VISITOR COMMERCIAL DISTRICT, VARIOUS OTHER COMMERCIAL DISTRICTS, M1 INDUSTRIAL CONSERVATION DISTRICT AND LMSD LIGHT MANUFACTURING AND STUDIO DISTRICT TO 7,500 SQUARE FEET," was presented.

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

AYES: Councilmembers Bloom , Feinstein, McKeown,

Mayor Genser

NOES: Councilmembers Rosenstein, Holbrook,

Mayor Pro Tem O'Connor

ABSENT: None

8-C: Second reading and adoption of Ordinance No. 1992 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 7.10 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO URBAN RUNOFF POLLUTION, 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 adopted by the following vote:

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

NOES: None

ABSENT: None

8-D: Second reading and adoption of Ordinance No. 1993 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6.72 OF THE SANTA MONICA MUNICIPAL CODE (UTILITIES TAX) TO EXCLUDE GAS USED TO PROPEL VEHICLES FROM THE TAX," was presented.

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

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

NOES: None

ABSENT: None

9-A: Proposed guidelines for leasing of non-aviation properties at the Santa Monica Airport and City-owned properties within the Bayside District and at Bergamot Station - recommendation to approve the proposed Leasing Guidelines for the subject properties and authorization for the City Manager to implement the guidelines, as approved, was presented.

Motion by Councilmember Rosenstein, seconded by Councilmember Holbrook, to hear public comment and delay action until item 9-B is considered. The motion was approved by voice vote with Councilmembers Feinstein, McKeown, and Mayor Genser voting in opposition.

The following members of the public spoke to different aspects of the proposed guidelines, including proposed rent structure, terms of lease, the need for artist studios, maintenance, and current status of properties: Leigh Curran, Mitchell Block, Jay Abramowitz, Gary Walkow, Rick Spalding, Bruria Finkel, Leslie Manssette, Dick Minium, John Clarizio, Rachel Lackowicz, Leon Sankey, Jan Williamson, Greg Spotts, Kilian Kerwin, Topey Schwarzenbach, Quincy, Larry Accord, Ted Rogers, Kenny Farrell, Ron Johnson, Patricia Owen, Charles Gaines, Joan Vaupen, Fielden Harper, Yossi Govrin, Don Brandsen, Wayne Blank, Griff Hoerner, Lawrence Shapiro, Stephanie Blank and Lee Zlotoff.

Motion by Councilmember Bloom, seconded by Mayor Genser, to hear from the public on all major issues and delay deliberations until December 5, 2000. The motion was unanimously approved by voice vote, with all members present.

On order of the Mayor, the Council recessed at 10:00 p.m., and reconvened at 10:19 p.m., with Mayor Pro Tem O'Connor absent.

Mayor Pro Tem O'Connor was excused at 10:19 p.m.

9-B: Recommendation to receive and file the proposed Study of Artist Live/Work and Studio Space in Santa Monica and Strategies to Preserve and Enhance Affordable Artist Housing and Studio Space, and authorize staff to proceed with implementation.

The following members of the public spoke in support of affordable artist housing and studios: Todd Darling, Bruria Finkel, Larry Shapiro, Greg Spotts, Jan Williams, and Robert Berman.

On order of the Mayor, action on this matter was continued to December 5, 2000.

9-C: Informational report on potential fluoridation of City drinking water -recommendation to review information presented and provide policy direction to staff.

The following members of the public spoke in support of fluoridation of water: Nancy Cattell, Dr. Jack Dillenberg, Darrell Craig, Maggie Hall, Jim Haljun, Eleanore Meyer, Wendy Laufer, Philip Tresk, Jane Jeffries, Marilyn McCrath, Tom Pratt, Dr. Tim Collins, James Freed, Rick Gates, Anne Arkinian, Emily Firman, Nancy Schort, Megan Johnson, Joanne Leavitt, Louise Jaffe, Marsha Epstein, and Al Arizmendez.

The following members of the public spoke in opposition to fluoridation of water: James Rota, Terry Schiller, David Kennedy, Bonnie Johnstone, Bari Caine, Paul Borraccia, Doug Cragoe, Karen Blechman, Ellen Baker, Sean Milliken, Gale Feldman, Jeff Green, Jerry Rubin, Marissa Rubin, Bruce Campbell, Peter DeBaets, Gary Schultz, Jane Riskin, Randy Ziglar, Bruria Finkel, Glenn Lingle, Bob Gallaher, Emmalie Hodgin, Michael Delaney, Ellen Brennan, Lawrence Teeter, Robert Myers, John Winters, Yvone Michelle Autry, David Bolog, Marta Cupersock, and Michele Gremet.

On order of the Mayor, action on this matter was continued to December 5, 2000.

10-A: Public hearing on November 28, 2000, for confirmation of assessment costs for installation of streetlights on various City streets.

On order of the Mayor, this matter was continued to December 19, 2000.

14-A: 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 December 5, 2000.

14-B: Appointment to one full term on the Pier Restoration Corporation for term ending November 10, 2004.

On order of the Mayor, this matter was continued to December 5, 2000.

14-C: Appointments to the following terms on the Pier Restoration Corporation: One appointment for a term ending November 2001; three appointments for terms ending November 2002; three appointments for terms ending November 2003; and 2 appointments for terms ending November 2005, as recommended by the Pier Restoration Corporation.

On order of the Mayor, this matter was continued to December 5, 2000.

On order of the Mayor, item 14-D to be heard after City Attorney reports on action taken in closed sessions.

16-A: Conference with Legal Counsel - Existing Litigation: LADWP, et al. v. James Jones Company, et al., Case No. BC 173 487.

ACTION: Heard. No reportable action taken.

16-B: Conference with Legal Counsel - Existing Litigation: Douglas Heller, et al. v. City of Santa Monica, et al., Case No. SS 009558.

Councilmember Feinstein advised that due to a conflict of interest in this matter, he was recusing himself from the vote, momentarily left the dais and returned after the vote.

Motion by Councilmember Rosenstein, seconded by Councilmember Bloom, to approve settlement in the amount of $27,500 from Account No. 56232.522010. The motion was approved by the following vote:

AYES: Councilmembers Bloom, McKeown, Rosenstein, Holbrook, Mayor Genser

NOES: None

ABSENT: Councilmember Feinstein, Mayor Pro Tem O'Connor

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

Motion by Councilmember Bloom, seconded by Councilmember Holbrook, to approve a settlement in the amount of $97,500. The motion was approved by the following vote:

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

NOES: None

ABSENT: Mayor Pro Tem O'Connor

16-D: Conference with Legal Counsel - Existing Litigation: U-Haul Company, et al., v. City of Santa Monica, Case No. CV 00-10225 NM (Rzx)

ACTION: Not heard.

16-E: Conference with Legal Counsel - Existing Litigation: David Levy, et al., v. City of Santa Monica, Case No. SC 063147.

ACTION: Not heard.

16-F: Conference with Legal Counsel - Existing Litigation: California Attorneys for Criminal Justice v. Butts, Case No. CV 95-8634.

Motion by Councilmember Rosenstein, seconded by Councilmember Holbrook, to approve settlement in the amount of $167,000.00 for outstanding attorneys' fees and damage claims in the amount of $1. The motion was approved by the following vote:

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

NOES: None

ABSENT: Mayor Pro Tem O'Connor

16-G: Conference with Legal Counsel - Claim against the City of Santa Monica: Claim No. CSM 00-0820 - Alice Fellows.

ACTION: Not heard.

16-H: Conference with Legal Counsel - Claim against the City of Santa Monica: Claim No. CSM 00-0822 - Sleep 'n Aire.

ACTION: Heard. No reportable action taken.

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

Number of cases: Three.

ACTION: One case heard. No reportable action taken.

Councilmembers Holbrook and Rosenstein were excused at 1:44 a.m.

On order of the Mayor, this matter was heard out of order.

14-D: Request of Councilmembers Feinstein and McKeown to direct staff to explore acquiring and preserving the property at 3025 Olympic Boulevard known as Drescherville for potential housing, recreational, or other public uses.

Member of the public Jean Gebman, spoke in support of the request.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to approve request. Motion unanimously approved by voice vote with Councilmembers Holbrook, Rosenstein, and Mayor Pro Tem O'Connor absent.

Member of the public Joe Natoli spoke regarding the Pier Restoration Corporation. Quincy spoke regarding election results.

On order of the Mayor, the City Council meeting was adjourned at 1:55 a.m., to December 5, 2000, in memory of Mrs. Helen Mack.

ATTEST: APPROVED:

Maria M. Stewart Ken Genser

City Clerk Mayor