CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JULY 10, 2001

A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:30 p.m., on Tuesday, July 10, 2001, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Michael Feinstein

Mayor Pro Tem Richard Bloom

Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 6:00 p.m.)

Councilmember Herb Katz

Councilmember Kevin McKeown

Councilmember Pam O'Connor (arrived at 5:45 p.m.)

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 5:30 p.m., with Councilmembers O'Connor and Holbrook absent. Mayor Pro Tem Bloom 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.

At the request of Councilmember Genser, Item 1-H was removed from the Consent Calendar.

Motion by Councilmember McKeown, seconded by Mayor Pro Tem Bloom, to approve all items on the Consent Calendar as presented except Item 1-H, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

1-A: Earthquake Recovery Resolution - Resolution No. 9679 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

1-B: Resolution No. 9680 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING YEAR 2001 MAXIMUM ALLOWABLE RENTS AND PURCHASE PRICES FOR THE INCLUSIONARY HOUSING PROGRAM," and Resolution No. 9681 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING YEAR 2001 MAXIMUM ALLOWABLE RENTS AND PURCHASE PRICES FOR THE AFFORDABLE HOUSING PRODUCTION PROGRAM," were adopted.

1-C: Resolution No. 9682 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING GRANT APPLICATIONS FOR SENIOR NUTRITION AND RECREATION PROGRAM" - recommendation to adopt a resolution authorizing submittal of a proposal for grant funds from Los Angeles County and authorizing the City Manager to execute a contract to provide meal and telephone reassurance services for elderly persons, was adopted.

1-D: Award of bid to provide tree maintenance services B recommendation to award Bid No. 2835 to West Coast Arborists, Inc., for an estimated annual expenditure of $542,000, to provide tree maintenance services for the Open Space Management Division, Community and Cultural Services Department, was approved.

1-E: General Services Agreement with the County of Los Angeles - recommendation to authorize the City Manager to negotiate and execute 5-year general services Agreement No. 7974 (CCS) with the County of Los Angeles for provision of services including, but not limited to street maintenance, animal control, tract map checking, health services, and emergency services, was approved.

1-F: Resolution and subdivision agreement for Final Tract Map for 1513-1517 Berkeley Street - recommendation to authorize the City Manager to negotiate and execute Subdivision Improvement Agreement No. 7975 (CCS), and adopt Resolution No. 9683 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 52361 FOR A 10-UNIT CONDOMINIUM PROJECT AT 1513-1517 BERKELEY STREET," was approved.

1-G: Extension of the Baysaver Retrofit Program - recommendation to authorize the City Manager to negotiate and execute Contract No. 7976 (CCS) with the Metropolitan Water District of Southern California (MWD) to allow the MWD to refund the City $60 per Ultra-Low Flow Toilet installed in the City from July 1, 2001 to June 30, 2003, was approved.

1-I: Resolution No. 9684 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA IN OPPOSITION TO SENATE BILL 974, AMENDMENT TO THE PUBLIC CONTRACT CODE, WHICH WOULD APPLY THE PUBLIC CONTRACT CODE TO CHARTER CITIES SUCH AS SANTA MONICA," was adopted.

1-H: Approval of purchase order for Parking and Traffic Control Signs - recommendation to approve a purchase order to Zumar Industries, Inc. in the amount of $150,000, for parking and traffic control signs for the Traffic Operations Division, Planning & Community Development Department, was presented.

Councilmember Genser requested clarification on the action taken. Staff provided information.

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

AYES: Councilmembers McKeown, Genser, Katz, Mayor Pro Tem Bloom, Mayor Feinstein

NOES: None

ABSENT: Councilmembers Holbrook, O'Connor

On order of the Mayor, the City Council recessed at 5:44 p.m., to consider closed sessions, and reconvened at 7:00 p.m., with Councilmember Holbrook absent, to report as follows:

2-A: Conference with Legal Counsel - Existing Litigation: Pico Neighborhood Association v. City of Santa Monica, Case No. SC 063 874.

ACTION: Heard. No reportable action taken.

2-B: Conference with Legal Counsel - Anticipated Litigation.

Number of cases: Four.

ACTION: All cases heard. No reportable action taken on three cases.

Motion by Councilmember Katz, seconded by Councilmember McKeown, regarding 1535 Ocean Avenue (formerly Zen Zero Restaurant), to allow the business to maintain its business license and allow the business to continue operating as a restaurant. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook

Councilmember Holbrook arrived at 7:05 p.m.

5-A: Three appointments to full terms on the Pier Restoration Corporation; one with a term ending November 09, 2004 (continued from April 10, 2001), and two with terms ending November 08, 2005.

Discussion ensued regarding possibly continuing this matter to a future meeting and the need to fill the seats.

Motion by Councilmember Katz, seconded by Councilmember Genser, to postpone this item to the following City Council meeting to allow Councilmembers to interview candidates.

Motion to amend by Mayor Feinstein, to commit to a date certain and ask the Pier Restoration Corporation to defer any decision or action on leases pending. The motion was not accepted as friendly and there was no second.

Motion to amend by Councilmember McKeown, seconded by Mayor Feinstein, that if the matter is delayed, to request that the Pier Restoration Corporation defer any decision or action that would affect long-term policy.

The motion failed by the following vote:

AYES: Councilmember McKeown, Mayor Feinstein

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

ABSENT: None

The main motion was approved by the following vote:

AYES: Councilmembers Holbrook, O'Connor, Genser, Katz,

Mayor Pro Tem Bloom

NOES: Councilmember McKeown, Mayor Feinstein

Mayor Feinstein stated, for the record, that he voted against the motion because it is shortchanging the voice of the residents to effect policy through their elected representatives on the Pier, and is unnecessarily politicizing leasehold choices being made by the Corporation, to the detriment of the community.

Councilmember McKeown stated, for the record, that he voted against the motion because it disenfranchises the community on the Pier.

6-A: Appeal of denial of Conditional Use Permit for restaurant at 1251 Third Street Promenade (The Gaucho Grill) - recommendation to deny Appeal 01-012 and uphold the Planning Commission's denial of Conditional Use Permit (CUP) 00-015 to amend CUP 99-007 to add 33 interior seats and an 11-seat outdoor dining area at an existing restaurant at 1251 Third Street Promenade. Applicant/Appellant: Adolfo Suaya, Gaucho Grill.

Property Owner: Federal Realty Investment Trust

Members of the public Adolfo Suaya and Alain Bally spoke in support of the appeal. Members of the public Dwayne Faux and Kelly Olsen spoke in opposition of the appeal. Applicant rebutted public comment against the appeal. On order of the Mayor, the public hearing was closed.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve staff recommendation and deny the appeal. The motion was approved by the following vote:



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

NOES: None

ABSENT: None

7-A: Second reading of an ordinance adding Chapter 4.65 to the Santa Monica Municipal Code creating minimum wage requirements applicable to certain businesses located in the coastal zone and extended downtown core with gross receipts over $5,000,000 and to the City and its Service Contractors.

Motion by Councilmember Genser, seconded by Councilmember McKeown, to continue this item to July 24, 2001. The motion was approved by voice vote, with Councilmember Katz voting in opposition.

7-B: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SECTION 9.04.18.040 OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW EXISTING NONCONFORMING COMMERCIAL AND INDUSTRIAL USES TO CONTINUE THROUGH THE EXTENSION OR RENEWAL OF A CONDITIONAL USE PERMIT OR USE PERMIT," was presented.

The following members of the public spoke in support of the proposed ordinance: Chris Harding, Abby Arnold, Chuck Allord, Ken Kutcher, Carlos Galan, Dave Maltby.

Motion by Councilmember Genser, seconded by Councilmember Katz, 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 Katz, Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein

NOES: None

ABSENT: None

On order of the Mayor, the City Council recessed at 9:02 p.m., and reconvened at 9:20 p.m., with all members present.

7-C: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 11.04.175 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO THE INITIATIVE PROCESS," was presented.

Member of the public Tom Larmore stated that the information required by this ordinance be made available to the public as soon as possible. Member of the public Paul DeSantis spoke in opposition of the proposed ordinance.

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

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

NOES: Councilmember Holbrook

ABSENT: None

Motion by Mayor Feinstein, seconded by Councilmember McKeown, to direct staff to research and return on July 24, with an ordinance requiring campaign disclosure requirements during the initiative, recall, and referendum process. The motion was approved by the following vote:

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

NOES: Councilmembers Holbrook, Katz



Motion by Mayor Feinstein, seconded by Councilmember McKeown, to direct staff to ensure that qualified ballot measures are given full coverage as recommended in the staff report. The motion was unanimously approved by voice vote, with all members present.

Motion by Mayor Feinstein, seconded by Councilmember O'Connor, to reconsider the original motion introducing the ordinance, in order to discuss the effective date. The motion was approved by voice vote, with Councilmembers Genser, Holbrook and Katz voting in opposition, and with all Councilmembers present.

Discussion ensued regarding the possibility of making the requirements of the ordinance effective July 25, 2001, one day after the adoption of the ordinance and the applicability of the requirements to a petition currently being circulated. The City Attorney advised that because the ordinance would not become effective until 30 days after the adoption, the proposed effective date of July 25 was not possible.

Motion by Mayor Feinstein, seconded by Councilmember McKeown, to put forth again the original motion to introduce and hold first reading of the ordinance, reading by title only and waving further reading thereof. The motion was approved by the following vote:

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

NOES: Councilmembers Holbrook, Katz

ABSENT: None

8-A: Recommendation to adopt a formal position opposing the Los Angeles International Airport Master Plan.

Members of the public Jeannette Vosherg, Dunford King, Kathy Knight, Quincy, Denny Zane, Cathy Larson, Jean Gebman, and Jerry Rubin spoke in support of the recommendation.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to take the following position: a) Opposition to all of the LAX Master Plan Alternatives, as currently proposed, due to the significant and unavoidable environmental impacts associated therewith; 2) Opposition because the DEIR does not fully analyze the environmental consequences of the Master Plan and provide acceptable mitigation for impacts on Santa Monica; 3) Opposition because the Master Plan does not provide for guaranteed infrastructure, facilities, and airside acreage to fully support transient business aircraft and fixed-base business operations, including a minimum of three fixed-base operations for business jets and an exclusive runway for small to mid-size jets; 4) Opposition because the Master Plan phasing does not provide for surface transportation enhancements to coincide with or precede any air transportation enhancements; and 5) Opposition because the relocation and expansion of the LAX Transit Center is not included as a Master Plan commitment at a location that will promote the use of transit.

Substitute motion by Councilmember Katz, seconded by Councilmember Holbrook, to approve staff recommendation. The motion failed by the following vote:

AYES: Councilmembers Holbrook, Katz

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

ABSENT: None

The main motion was approved by the following vote:

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

NOES: None

ABSENT: None



On order of the Mayor, the regular Council meeting convened to a special joint meeting with the Redevelopment Agency at 11:50 p.m., with all members present.

8-B CC/RA-1: Resolution waiving bidding requirements for construction contract to Swinerton Builders to complete the Santa Monica Municipal Pool Phase II Improvements Project under the Surety Company's Performance Bond and approval of various contract and contract amendments - recommendation for the City Council to adopt Resolution No. 9685 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING WAIVER OF BIDDING REQUIREMENTS FOR AWARDING A CONSTRUCTION CONTRACT TO SWINERTON BUILDERS TO COMPLETE THE SANTA MONICA MUNICIPAL POOL PHASE II IMPROVEMENTS PROJECT UNDER THE SURETY COMPANY'S PERFORMANCE BOND"; authorize the City Manager to negotiate and execute contracts and contract modifications: 1) Contract No. 7977 (CCS) with the bonding company, National Fire Insurance Company of Hartford; 2) construction Contract No. 7978 (CCS) with Swinerton Builders for completion of the project; 3) Contract No. 7979b(CCS) with Twining Laboratories for inspection and materials testing services in the amount of $144,098; 4) modification to Contract No. 7591(CCS) with DMR Team for additional construction management services in the amount of $125,000; 5) modification to Contract No. 7633(CCS) with Max Tehrani, in the amount of $64,500, for additional Inspector of Record services; 6) modification to Contract No. 6772(CCS) with Killefer Flammang Purtill Architects, in the amount of $39,000, for additional architectural services; recommendation for the Redevelopment Agency to authorize the Executive Director to execute the construction contract with Swinerton Builders; and, approval of proposed budget adjustments, was presented.

There was no one present for public comment.

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

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

NOES: None

ABSENT: None

Motion by Council/Agency Member Katz, seconded by Council/Agency Mayor Pro Tem Bloom, to approve staff recommendation relative to the contracts and proposed budget adjustments. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

On order of the Mayor, the special joint meeting with the Redevelopment Agency was adjourned at 11:55 p.m., and the City Council reconvened to its regular meeting, with all members present.

Councilmembers O'Connor, Katz, and McKeown were excused at 11:55 p.m.

9-A: Public hearing and approval of the Stormwater Parcel Report - recommendation that the City Council hold a public hearing, receive public input and approve the Stormwater Parcel Report describing each parcel in the City and the amount each parcel's Stormwater Management User Fees for FY 2001-02.

There was no one present for public comment.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember Genser, to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Genser, Mayor Pro Tem Bloom, Mayor Feinstein

NOES: None

ABSENT: Councilmembers Katz, McKeown, O'Connor

Councilmembers Katz, O'Connor and McKeown returned at 11:58 p.m.

10-A: Request of the Pier Restoration Corporation to amend the Street Performers Ordinance in relation to the Santa Monica Pier.

The following members of the public addressed various portions and expressed concerns regarding the proposed amendments: Dwayne Faux, Murray Gould, Randy Walburger, Reina Alvarez, Joe Natoli, Arthur Harris, Linda Sullivan, Joan Charles, Ellen Brennan, Jerry Rubin, and Tim Dillenbeck.

Considerable discussion ensued regarding the proposals submitted and the concerns expressed by members of the public and staff.

Councilmember Holbrook was excused at 1:40 a.m.

Motion by Mayor Feinstein, seconded by Councilmember Katz, to direct staff to analyze the Pier Restoration Corporation's proposal and return with an appropriate ordinance on July 24, 2001.

Motion by Councilmember Genser, seconded by Councilmember Katz, to direct staff to prepare an ordinance based on the proposed recommendations, amended so that the proposed lottery run 365 days per year, but only in prime locations, and looking at any other pertinent issues including enforcement.

Discussion ensued on the merits of the amendment. Subsequent to the discussion, Councilmember Katz withdrew his second to the main motion made by Mayor Feinstein. The standing motion was approved by the following vote:

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

NOES: Mayor Feinstein

ABSENT: Councilmember Holbrook

12-A: Request of B.A. Gray to address Council regarding the hiring practices at the Santa Monica Bus Lines and requesting an investigation.

On order of the Mayor, the item was withdrawn at Mr. Gray's request.

Councilmembers O'Connor and Katz were excused at 1:50 p.m.

13-A: : Annual vacancy appointments to the following boards and commissions

Arts Commission: 2 Vacancies for Terms Ending 6/30/05.

Councilmember McKeown nominated Suchi Branfman for a reappointment. There being no other nominations, Ms. Branfman was appointed by acclamation, with Councilmembers Holbrook, O'Connor, and Katz absent.

At the request of Councilmember McKeown, the second vacancy for a term ending 06/30/05, was continued to July 24, 2001.

Building & Safety Commission - Two Terms ending 06/30/05

On order of the Mayor, this item was continued to July 24, 2001.

Commission on the Status of Women - One Term ending 06/30/05

On order of the Mayor, this item was continued to August 14, 2001.

Convention & Visitors Bureau - One Term ending 06/30/05

On order of the Mayor, this item was continued to July 24, 2001.

Personnel Board - One Term ending 06/30/04

On order of the Mayor, this item was continued to July 24, 2001.

13-B: Acceptance of resignation of Ronn L. Davis from the Arts Commission and authorization for the City Clerk to publish the vacancy.

Motion by Councilmember McKeown, seconded by Mayor Pro Tem Bloom, to accept the resignation with regrets, and authorize publishing of vacancy. The motion was unanimously approved by voice vote, with Councilmembers Holbrook, O'Connor, and Katz absent.



13-C: Request of Councilmember McKeown that Santa Monica go on record encouraging California's accelerated adoption of a New York-style statewide law controlling hand-held cell phone use while driving.

Member of the public Chuck Allord spoke in favor of the request. Member of the public Jerry Rubin spoke in opposition to the request.

Motion by Councilmember McKeown, seconded by Mayor Pro Tem Bloom, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Holbrook, O'Connor, and Katz absent.

Motion by Councilmember Genser, seconded by Councilmember McKeown, to direct staff to agendize the matter of possibly having a local ordinance establishing additional penalties accruing to a driver at fault during an accident that occurred while using a cell phone, and include any pertinent staff input. The motion was unanimously approved by voice vote, with Councilmembers Holbrook, O'Connor, and Katz absent.

13-D: Request of Mayor Pro Tem Bloom and Councilmember Genser: 1) that Council hear from staff regarding the status of the Santa Monica College proposal to develop a 500-seat theatre on the Madison School campus; 2) that city staff initiate a full analysis and review into all land use and other appropriate issues involved in the proposal; and 3) that the Council request the Santa Monica-Malibu Unified School District continue to defer any action regarding the proposal pending further review by the City of Santa Monica.

Members of the public Ted Catanzaro, Chuck Allord, Kelly Olsen, Joan Charles, Jean Gebman, Arthur Harris, Jerry Rubin, and Susan Santree spoke in favor of the request.

Motion by Mayor Pro Tem Bloom, seconded by Mayor Feinstein, to approve request, to notify Santa Monica College by letter that the City is interested in participating in a cooperative process; ask the College to withdraw its request from the School Board; failing a withdrawal, request that the School District defer any action regarding the proposal until the College, the School District and the City have met; and to express the City's dismay at the lack of public process and the City's wish that the neighborhood be involved. The motion was unanimously approved by voice vote, with Councilmembers Holbrook, O'Connor, and Katz absent.

PUBLIC INPUT

The following members of the public spoke: Art Casillas expressed concerns related to the Police Department; Tim Dillenbeck discussed the City's regulations regarding his business of blowing bubbles in public places; Gene Gebman discussed traffic and parking problems in the Civic Center; and Dwayne Faux spoke regarding carts permitted on the Third Street Promenade and the Pier.

On order of the Mayor, the City Council meeting was adjourned at 3:30 p.m. to July 24, 2001.

ATTEST:

Maria M. Stewart

City Clerk

APPROVED:

Michael Feinstein

Mayor