M-10/28/1997
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291
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 28, 1997
A regular meetmg of the Santa Momca CIty CouncIl was called to order by Mayor O'Connor at
638 pm. on Tuesday. October 28, 1997. III the Conncd Chambers
Roll Call
PLEDGE
INSPIRATION
STL'DY SESSION
Present
Mayor Pamela O'Connor
Mayor Pro T em Robert T Holbrook
Councllmember Ruth Ebner
CouncIlmember MIchael Femstem
CouncIlmember Ken Genser
CouncIlmember Asha Greenberg
CouncIlmember Paul Rosenstem
Also Present
CIty Manager John Jahh
CIty Attorney Marsha Jones Moutne
CIty Clerk Maria M Stewart
CouncIlmember Femstem led the assemblage III the Pledge of Alle-
giance to the Flag of the Umted States of Amenca
A moment of mSpIratIOn was pro"lded by the Santa Momca HIgh
School Marchmg Band
INCLUSIONARY HOUSING PROGRAM GUIDELINES
Presented was the Study SeSSIOn regardmg conceptual alternatIve
reViSIOns to the CIty'S IncluslOnary Housing Program Guidelines
(OrdmanceNo 1615)
Paul Sdbem, ofHmmlton. RabmoVltz & Alschuler. Inc. the CIty" s
consultant, lead the Study SeSSIon and gave a presentatlon dlscussmg
the Clty's current mcluslonary housmg program and summanzmg
pOSSible conceptual alternatIves Mr SIlbern answered questIOns from
Councdmembers
Member of the pubhc Joey Fullmer expressed her concerns
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October 28, 1997
CONSENT CALENDAR
EXISTENCE OF A
LOCAL EMERGENCY
PROPERTY TAX
AUDITING
SANTA MONICA
FESTIVAL
292
Member of the publIc Chris HardIng spoke ill general support of the I
gmdehnes as presented
CouncIlmembers presented theIr preferences for the manner m WhICh to
proceed WIth the IncluslOnary Housmg Program
On order of the Mayor. the mformatlOn "vas receIved and filed
The Consent Calendar was presented, whereby all Items are considered
and approved in one motIon unless removed from the calendar for
dIscusslOn
Member of the publIc Bnan Hutchmgs addressed items on the Consent
Calendar
At the request of CouncIl member Genser Item No 6-A was removed
from the Consent Calendar
Manon by Councllmember F emstem, seconded by CouncIlmember
Greenberg, to approve the Consent Calendar, \\lth the excepnon of Item
No 6-A, readmg resolutIOns and ordmances by tItle only and WaIVIng
further readmg thereof The motlOn was approved by the follo"\lng I
vote
Ayes
CouncIlmembers Ebner, Rosenstem. Greenberg, Genser.
FeInsteIn, Mayor Pro Tern Holbrook. Mayor O'Connor
None
None
Noes
Absent
LOCAL EMERGENCY (JANUARY 1994 EARTH-QUAKE
DAMAGE) ResolutlOn No 9208(CCS) entItled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY." was adopted
CONTRACTIPROPERTY TAX AUDITING SERVICES Contract
No 6821(CCS) ,vas approved WIth HdL Coren & Cone to conduct
property tax audItmg and mformatlOll reportmg servIces for the CIty and
the Redevelopment Agency
A CELEBRATION OF COMMUNITY ROOTS' Contract No
6822(CCS) was approved for a penod of three years \VIth CommunIty
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October 28, 1997
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ENVIRONMENTAL
:MONITORING & CLEAN-
UP
IRRIGATION CONTROL
SYSTEM
FACILITIES
MAINTENANCE
SUBVENTION FUND
GRANTS APPLICATION
293
Arts Resources. m an amount not to exceed $60,000 annually, to
produce the 1998, 1999. and 2000 Santa MOnIca FestIval "A
Celebration of CommunIty Roots," to authonze the CIty Manager to
amend the contract, for an amount not to exceed $30.000, to mc1ude
addItIOnal servIces for expanded festIval programmmg, and to approve
the recommended budget changes
CONTR1\.CT Ai\fENDMENT -ENVIRONMEXT AL,
MONITORING & CLEAN-UP SERVICES Amended Contract No
7149(CCS) was approved With Anhur D LIttle, Inc , for an amount not
to exceed $78.400. to conduct addmonal envlfonmental, momtonng_
and cleanup servIces at the TransportatIOn Yard
CONTRA.CT ICENTRAL IRRIGATION CONTROL SYSTE1\'I'
Contract No 6823(CCS) ,"vas approved \VIth SoltIs, 11l an amount not to
exceed 5290,975. for the constructIOn of a central IrngatIon control
system
CONTRACT AMENDMENT/FACILITIES MAINTE~ANCE
PROJECT Amended Contract No 6593(CCS) was approved WIth
Rachlm & Rachlm ArchItects, for an amount not to ex.ceed $60,000. for
the deSIgn of the F acllltICS Mamtenance Project, 1997-1998, at varIOUS
CIty bmldmgs
RESOLUTIONILOCAL GOVERNMENT SUBVENTION FUND
ResolutIOn 1'0 9209(CC5) entitled "A RESOLUTION OF THE CITY
COl3NCIL OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO SUBMIT AND EXECUTE THE LOCAL
GOVER]\;ME~T SUBVE~TION FlJNTI MATCH PROGRAM
GRANT APPLICATION TO THE SOVTH COAST AIR QUALITY
~1ANAGElvffi~T DISTRICT:" was adopted
E~VIRONl\iENTAL TASK APPOINTMENTINE\V MEMBERS The appomtmem of TIm
FORCE CarmIchael and Sandy Grant to fill the vacanCIes on the Santa MOllIca
Task Force on the EnVlronment was approved
MINUTES
ENTI OF CONSENT CALENDAR
MINVTES APPROVAL Councllmember Genser adVIsed he had
questions on the October 7th mmutes and requested that they be
coutmued
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October 28. 1997
STREET PERFORMERS
ORDINANCE
294
MotIon by CouncIlmember Genser. seconded by CouncIlmember
F emstem, to approve the mmutes of the meetmg of September 23. 1997"1
and contInue the mmutes of October 7. 1997, to the meetmg of
November 11. 1997 The motiOn was approved by the folloVv"1ng vote'
Ayes
Councllmembers Ebner, Rosenstem. Greenberg, Genser,
Feinstein. Mayor Pro Tem Holbrook. Mayor O'Connor
None
None
Noes.
Absent
STREET PERFORl\fERS AND OTHERSIDISPLA YING OR
DISTRIBUTING MERCHANDISE, ETC., ON SIDEWALKS,
SPECIAL ZONES ON TmRD STREET PROMENADE &
SANTA MONICA PIERlFILING FEES FOR PERMIT. The
ordmance was presented for second readmg
MotIon by Councllmember Greenberg. seconded by Councilmember
Ebner. to adopt Ordmance No 1888(CCS) entItled "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDIN"G CHAPTERS 6 112,6 116 AND SECTION 3 12 375 TO THE
SANTA MONICA ML'NICIPAL CODE AND AMENDING
CHAPTER 6 36 AND SECTION 3 36 150 OF THE SANTA MONICA I
MUNICIPAL CODE RELATING TO STREET PERFORMERS AND
PERSONS, INCLUDING VENDORS, UTILIZING TABLES, CARTS,
BLANKETS, OR SIMILAR ITEMS FOR THE PURPOSE OF
DISPLAYING OR DISTRIBUTING MERCHANDISE, GOODS,
WRITTEN MATERIALS, OR FOOD OR PLACING OBJECTS ON
PUBLIC SIDEWALKS." on second readmg, readIng by tItle only and
waIvmg further readmg thereof The motIon was approved by the
follOWIng vote
Ayes
Councllmembers Greenberg, Rosenstem, Ebner,
Mayor Pro T em Holbrook
Councllmembers Femstem. Genser, Mayor O'Connor
None
Noes"
Absent
Mayor O'Connor requested that the record reflect that there are a
number ofthmgs III the ordmance With which she agrees, but she is
votmg agamst it because of the prolubmon on the heartland vendmg.
that she does not see how prohIbItmg heartland vendmg serves any of
the purposes oftlus ordInance
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October 28. 1997
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REPLACEl\lENT OF
ARCHITECTURAL
FEATURES
CHRISTINE EMERSON
REED PARK
295
CouncIlmember Genser requested that the record reflect that he voted
agmnst thIS motIon because he belIeves that It unconSCIOnably strikes at
\-"hat IS the heart of the democratIc pnnclples m thIS communIty by
lImltmg \-"hat IS bemg called free speech vendmg. and It also
mappropnately restncts the nghts of performers so that they may not
dIsplay Items whIch are aVailable for donatIOn as can any other member
of the pubhc
Councllmember Fell1stell1 requested that the record reflect hIS
concurrence wIth Councllmember Genser's statement
ORDINANCEJREPLACEMENT OF NON-CONFORMING
ARCHITECTURAL FEATURES Mayor O' Connor adVIsed that at
first readmg the ordmance had been amended to have Landmark
declSlons appealable to the CIty CouncIl and not to the Plannmg
ComnnsslOn, as the ordmance at hand mdIcated
~fotIon by CouncIlmember Femstem. seconded by CouncIlmember
- -
Rosenstem, to contmue Item No &-B untIl after the break so staff could
look mto the matter The motIOn was unanImously approved by VOIce
vote
ORDI~A...~CEIRENA~ING OF LINCOL~ PARK TO
CHRISTINE EMERSON REED PARK Presented was an ordmance
for mtroductIOn and first readmg amendmg SectIOns 408091. 4 08 180,
and 4 SS 020 to reflect the renammg of Lmcoln Park to Chnstme
Emerson Reed Park
On order of the Mayor, the publIc heanng was opened
Members of the publIc Jerry Rubm and Bnan Hutchmgs spoke m
support of the proposed name change
There bemg no further speakers. the Mayor closed the publIc hearmg
~tJotIon by Mayor Pro CouncIlmember
Rosenstem. to mtroduce for first readmg an ordmance entItled '-AN
ORDIKA.,,""CE OF THE CITY COUNCIL OF THE CITY OF SA.""TA
MONICA RENAMING LIKCOLN PARK CHRISTINE EMERSON
REED PARK AND AMENDI~G SANTA MONICA yfUNICIPAL
CODE SECTIONS 4 08 091. 4 08 180 AND 455020 TO REFLECT
THE NAME CHANGE," readmg by tItle only and walvmg further
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October 28, 1997
RECESS
REPLACEMENT OF
ARCHITECTURAL
FEATURES
1 % LOCAL BIDDING
PREFERENCE
296
readmg thereof The motIOn was approved by the following vote'
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Ayes
Councllmembers Femstem, Genser, Greenberg,
Rosenstem. Ebner, Mayor Pro Tern Holbrook, Mayor
O' Connor
None
None
Noes
Absent
On order of the Mayor, the City CouncIl recessed at 9'00 pm. and
reconvened at 9 55 pm. With all members present, and returned to the
pendmg ordmance matter
ORDINANCEIREPLACEMENT OF NON-CONFORMING
ARCHITECTURAL FEATURES The CIty Attorney adVIsed that the
error was clencal m nature and would be corrected to have Landmarks
CommiSSIOn deCISIOns appealable to the City COunCIl. as amended
dunng first readmg
The ordmance was presented for second readmg and adoptIOn
Mohon bv Councllmember Femstem. seconded bv Councllmember
- -
Rosenstem. to adopt Ordmance No 1889(CC5) entItled "AI"J I
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SECTION 9 04 18.020(c) OF THE SANTA
MONICA MUNICIPAL CODE TO ALLOW THE REPLACEMENT
OF NON-CONFO~l\1ING ARCHITECTURAL FEATURES WHICH
HAVE BEEN REMOVED FROM ANY EXISTING BUILDING
WtilCH IS DESIGNATED AS A CITY OF SANTA MONICA
LANDMARK OR IS LISTED ON EITHER THE CALIFORNIA
REGISTER OF HISTORICAL RESOURCES OR THE NATIONAL
REGISTER OF HISTORIC PLACES:' on second readmg, readmg by
tItle only and walvmg further readmg thereof The motIon was
approved by the following vote
Ayes
Councllmembers Ebner, Rosenstem. Greenberg, Genser.
Femstem, Mayor Pro Tem Holbrook, Mayor O'Connor
None
None
Noes
Absent
ORDINANCEILOCAL BIDDING PREFERENCE/SANT A
MONICA BUSINESSES Presented was an ordmance for introduction
and first readmg amendmg MumcIpal Code Sections 2 24 090 and
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October 28, 1997
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2 24 100 and replacmg Ordmance No 1762(CC8) to delete the 1 %
bIddmg preference for Santa ~10ruca busmesses subnuttmg Intormal
and formal bIds
On order of the Mayor. the publIc heanng was opened
Mr Dan Ehrler. representIng the Chamber of Commerce, advIsed that
the Chamber \-vIshed to have thIS matter consIdered by the Government
AffaIrs CommIttee of the Chamber
Members of the pubhc Mark Hardmg and Kelly Olsen spoke m
opposiuon to the proposed ordInance
:Ylotlon bv Cowlctlmember Genser. seconded bv Councllmember
FemsteIn. to hear a late speaker The motIOn ,vas unanImously
approved by VOIce vote
Member of the publIc Bnan Hutchmgs spoke In OppOSItIon to the
proposed ordmance There bemg no further speakers, the Mayor closed
the publIc hearmg
MotIOn bv Councllmember Ebner. seconded bv Councllmember
- -
RosensteIn. to Introduce the ordmance for first readIng
SubstItute motIOn bv CouncIlmember Femstem. seconded bv
- -
Councllmember Genser. to ask staff to confer \vIth the Chamber of
Commerce and return to Councd With a recommendatIOn at the meetmg
of November 25.1997
MotIOn by CouncIlmember Greenberg:. accepted as fnendly. to amend
the mollon to dIrect staff to research the legahty ofthe proposed
ordInance The motion was unammously approved by voice vote
SE\VER PUMPING
STATION
~IOSS A VEXUE SE\VER PUMPING STATION CouncIlmembers
Greenberg and Ebner declared a potentIal conflict of Interest due to
their employment With the City of Los Angeles.
CouncIlmembers Greenberg and Ebner were excused at 10 40 P m
Presented \-vas a resolutiOn certIfYIng a MItigated Negative DeclaratiOn
for the Moss Avenue Sewer PumpIng StatIOn. recommendation to
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October 28, 1997
298
Waive competItive blddmg reqUIrements, recommendatIOn to authonze I
the CIty Manager to negotiate and execute a contract In an amount not
to exceed $2,395,600. for the constructIOn of the Moss Avenue
Pumpmg Station. recommendation to negotiate and execute a contract,
In an amount not to exceed $160,000, for the constructIon of the Moss
Avenue Pumpmg StatIon structural shell, and. recommendatIon to
negotIate and execute an agreement '"'lIth Project New Hope. In an
amount not to exceed $720.000, for costs assocIated WIth Project New
Hope delayed constructlOn
On order of the Mayor, the publIc hearmg was opened Member of the
publIc Scott FIgenshow spoke In support ofthe staffrecommendatlOn
There beIng no further speakers, the Mayor closed the publIc heanng
MotIon bv Councrlmernber Genser. seconded bv Councrlmember
- -
FeInstem, to approve Contract No 6826(CCS) WIth Project New Hope
In an amount not to exceed $720.000 for costs assocIated WIth Project
New Hope delays The motIon was approved by the follOWIng vote
Ayes
CouncIlmembers FeInsteIn, Genser, RosensteIn,
Mayor O'Connor
Mayor Pro Tern Holbrook
CouncIlmembers Ebner. Greenberg
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Noes
Absent
MotIon bv CouncIlmember Genser. seconded bv Councllmember
- -
FemsteIn. to adopt ResolutIOn No 921O(CCS) entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVIKG THE MITIGATED NEGATIVE
DECLARATION ON THE MOSS AVENUE PUMPING STATION
PROJECT," readmg by tItle only and WaIvmg further readmg thereof
The motion was approved by the follo\\l.ng vote
Ayes
Counctlmembers FeInstem. Genser. Rosenstem, Mayor
Pro Tem Holbrook, Mayor O'Connor
~one
CouncIlmembers Ebner
Noes:
Absent
MotIon bv Counctlmember Genser. seconded bv CouncIlmember
- -
FeInstem. to approve Contract No 6824(CCS) for the constructIon of
the ~oss Avenue Pumpmg StatIon structural shell, III an amount not to
exceed $2.395.600. to approve Contract No. 6825(CCS) for the
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constructlOn of the Moss Avenue Pumpmg StatIon structural shell m an
amount not to exceed SI60,OOO, to authOrIze the CIty Engmeer to Issue
any necessary change orders to complete addItlOnal work m
conformance WIth the Admlfi1stratlve InstructlOns on Change Orders. to
find that due to urgent necessIty the publIc health. welfare and safety
would be JeopardIzed If bIddIng reqUIrements are not waIved for the
constructIOn of the Moss Avenue Pumpmg StatIOn structural shell on an
accelerated schedule. and to authOrIze the revenue budget change as
detaIled In the B udgetlF manClal Impact sectIon of the staff report The
motion was approved by the follov..ing vote
Ayes
CouncIlmembers Femstem, Genser, RosensteIn.
Mayor Pro Tern Holbrook. Mayor O' Connor
None
Councllmembers Ebner, Greenberg
Noes
Absent
TAX & EQUITY
TAX A~D EQUITY FISCAL RESPONSIBILITY ACT Presented
"vas the publIc hearmg on the Ta., and EqUity FISCal ResponSIbIlity Act
(TEFRA) on the mcluslOn of the Ken Edwards Center and the AIrport
AdmInIstratIOn BUIldIng Into Phase n\'o of Southern CalIfornIa EdIson
ENVEST"s Energy Efficlency DemonstratIon Project and the use of tax-
exempt finanCIng for Improvements on both sItes. and to authOrIze the
CIty Manager to execute TEFR.t\ documentatIon necessary to record
results of the T efra hearmg
Councllmember Greenberg returned at 1050 pm
On order of the Ivlayor. the public heanng was opened Member of the
publIc Bnan HutchIngs expressed hIS concerns There bemg no further
speakers. the Mayor closed the publIc hearIng
Motion by Councllmember Femstem, seconded by CouncIlmember
Genser, to Include the Ken Edwards Center and the AIrpOrt
AdnumstratlOn Building mto Phase Two of Southern CalIfornia
EdIson's ENVEST project and authOrIze the ellY Manager to execute
all documentatIOn necessary to memOrIalIze the results of the TEFRA
hearmg The motIOn was approved by the folIowmg vote
Ayes
Councllmembers RosensteIn_ Greenberg, Genser.
FeInstem,
Mayor Pro Tem Holbrook. Mayor 0' Connor
)lone
Noes.
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October 28. 1997
MOU-MANAGEMENT
TEAM ASSOCIATES
EXECUTIVE PAY PLAN
SOIL XAIL PERMIT
FEES
INCLL'SIONARY
HOUSING
APPEAL 97-001-
300
Absent
Councdmember Ebner
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RESOLUTION/MEMORANDUM OF UNDERST ANDING-
MANAGEMENT TEAM ASSOCIATES' ResolutIOn No 92l1(CCS)
was adopted and Contract No 6827(CCS) was approved dunng Closed
SesslOn
RESOLUTION AMENDING EXECUTIVE PAY PLAN ResolutIOn
No 9212(CCS) was adopted durIng Closed SeSSIOn
CHRISTOPHER HARDINGIELIMINA TION OF CITY
FEES/SOIL NAIL PERNIITSINONPROFIT
AGENCIES/AFFORDABLE HOUSING PROJECTS Presented
was the request of Christopher Hardmg, of LaWTence & Hardmg, to
address Councd regardmg the ehmrnatlon of the CIty' s fees. set by
ResolutIOn No 8770. for soIl naIl pemnts as applIcable to nonprofit
agencies developmg 100% affordable housmg projects
Members of the publIc Valene Freshwater. Mark Montoya, and J1ll1
Tkach spoke III support ofthe ehmmatIOn ofthe CIty" s fees, set by
ResolutIOn No 8770. for soIl naIl permIts as applIcable to nonprofit I
agencies developmg 100% affordable housmg projects
MotlOn by CouncIlmember Femstem. seconded by CouncIlmember
Genser. to contmue the meetmg past 11 00 P m The motIon was
unammously approved by VOIce vote, CouncIlmember Ebner absent
MotIon by Councllmember Genser. seconded by Councilmember
Femstem. to dIrect staffto confer \Vlth Upward Bound Project
representatives and return at the meetmg of November 1 L 1997, Wlth
recommendations The motIOn was unammously approved by VOIce
vote, CouncIlmember Ebner absent
CHRISTOPHER HARDINGIINCLUSIONARY HOUSING
PROGRAM The request of Chnstopher Hardmg, of LanTence &
Hardmg. to address CouncIl on the Clty'S Inc1uslOnary Housmg
Program and to request CouncIl to adopt an llltenm ordmance to brmg
the Program mto compliance with Costa-Hawkms was contmued to the
meetmg of November 11. 1997
RECONSIDERA TION/DECISION/ APPEAL 97-001lCUP 96-
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October 28, 1997
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TEXACO STATION
COUNCIL AUTOMATIC
VOTING SYSTEM
301
023/FAST FOOD RESTAURA.'fT/OUTDOOR SEATING-
CON"'ENIENCE STORE/1410 PI CO BOULEVARD: The request
of Mayor Pro Tern Holbrook and Councllmember Rosenstem to
reconSIder the July 22, 1997. decIsIOn regardmg appeal 97-001 of
Plannmg CommissIOn approval of ConditIOnal Use Permit 96-023 to
allow the addltlOn of a fast-food restaurant \Vlth outdoor seatmg and a
convemence store to an eXlstmg self-sernce gas statIOn located at 1410
PIca Boulevard. relative to the eXlstmg 14th Street dnveway. was
contmued to the meetmg of
November II, 1997, as a 5-ltem
AUTOMATIC VOTING SYSTEM/CITY COUNCIL MOTIONS
The request of Mayor Pro Tern Holbrook to direct staff to purchase and
mstall. m CounClI Chambers. an automatIc votmg system for CIty
CounCIl motions, was contmued to the meetmg of'!'-Jovember 11, 1997,
as a 5-ltem
APPOINTMENTS TO APPOI~T)OIE~TSIBOARDS AND COMMISSIONS Appomtments
BOARDS/COMMISSIONS to vanous boards and commlSSlOns for terms expmng June 30. 1997.
were contmued to the meetmg ofNoyember 11, 1997
APPOINT1\IEl\'T TO
ARCHITECTURAL
REVIEW BOARD
APPOI:'IlTMENT/ SOCIAL
SERVICES COMMISSIO:'Il
APPOINTMENTS - PIER
RESTORATION CORP.
RESCISSION OF APPOINTMENT TO ARCHITECTURAL
REVIEW BOARD The reSCISSion of the appomtment made on
September 9. 1997. to the ArchItectural ReView Board due to the
appomtee moymg out of the State was contmued to the meetmg of
~ovember 11. 1997
APPOINTMENT TO SOCIAL SERVICES COMMISSIOl\' The
appomtment to one unscheduled vacancy on the SOCial ServIces
CommlsslOn for a term endmg June 30. 1998, was contmued to the
meetmg ofXovember 11.1997
A:'IlNUAL VACANCIES -PIER RESTORATION
CORPORATION The appomtments to annual vacanCIes on the Pier
RestoratlOn CorporatIOn for two terms expmng November 8, 1999. and
for three terms expinng Xovember 6.2000. were contmued to the
meetmg of);ovember 11. 1997
Mohon by Mavor Pro Tern Holbrook. seconded bv Councllmember
Femstem. to conSider Item No 14-G at thiS tIme The motIon was
unanimously approved by VOIce vote. Councllmember Ebner absent
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October 28, 1997
REQUEST FOR TRAVEL
FUNDS
PUBLIC INPUT
CLOSED SESSIONS
302
IRA VEL FUNDS - COUNCILMEMBER FEINSTEIN Presented
was the request of Council member Femstem to approve travel funds to
attend "Alliance for MuniCipal Power Conference;' relatlve to optIons
m the utllltles deregulatIOn field, on November 8, 1997, m San
FranClsco
MOHon bv Councllmember Rosenstem. seconded bv CounclImember
- -
Genser. to approve the request of Councllmember F einstem for travel
funds to attend "Alhance for MuniCipal Power Conference:' on
Saturday. November 8.1997, m San FranCISCo. Cahfornla
Member of the pubhc Bnan Hutchmgs expressed Ius concerns
The motlon was unammously approved by VOlce vote, Councllmember
Ebner absent
PUBLIC INPUT Member of the pubhc Clarence-Jon Heisler
discussed the deregulatIon of electrical power and ItS possible
mumclpahzatlOn
MOHon bv Mayor Pro Tern Holbrook. seconded bv Councllmember
- - -
Rosenstem, to contmue Item Nos 14-A and 14-B as 5-items to the
meetmg ofNoyember I L 1997 The motIOn was approved by vOice I
vote. Councllmember Genser opposed. Councllmember Ebner absent
At 11 25 pm. Council adjourned to Closed SeSSIOn
16-A Conference ,vlth Legal Council - EXlstmg Litigation City of
Santa ;\"lomca v Mobil 011 Corporanon, Case No 778141
ACTION Heard No actIOn taken
16-B Conference With Legal Counsel- EXIstmg litIgatIOn Mark
MIskey v City of Santa Momca.. Case No CV 97-4325
ACTION Not heard
-.:::,.,
16-C Conference v>'lth Legal Counsel - EXIstmg htlgatlOn Santa
Momca Housmg CounCil v. City of Santa Momca.. Case No SS
005191
ACTION Not heard
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October 28,1997
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ADJOlJRN:\1ENT
303
16-D Conference with Legal Counsel- EXIstmg LitigatIOn \VII-Fourth
PartnershlD v eltv of Santa MOllica, Case No BS 045458
ACTION Not heard
I6-E Conference V'f'lth Legal Counsel- EXlstmg LitigatIon Channont
Partners. Ltd . v City of Santa MOllica. Case No S5 007397
ACTION Not heard
16-F Conference with Legal Counsel - EXlstmg LitIgatIOn City of
Santa Momca v AtlantIc RIchfield Co. et al, Case No Be 121317
ACTION Kot heard
16-G Conference vmh Legal Counsel - AntiCipated LItigatIOn. T wa
cases
ACTION Counctlmember Greenberg moved to approve settlement of
the disputed Transient Occupancy Tax due from the PntIkm operatmg
company m the amount of $300,000. WIth $150.000 to be paid to the
City ImmedIately and S50.000 per year, for three years. plus mterest on
the three payments of $50.000 at the rate the Clt)' receives on ItS
mvestments Staff was directed to take appropnate measures to ensure
that those amounts are secured
16-R Conference with Labor Negotiator
Cny Negotiator Karen Bancroft. Personnel Director
Bargammg Umts Management Team ASSOCiates (MTA)
Executive Pay Plan (EPP)
ACTION Approved Resolutlons 9211{CSS) and 9212(CCS)
ADJOURNMENT At 12 23 am. the meetmg was adjourned m
memory of George :vIundy. ValerIe Castille. and Dianne BambrIck
'--.
ATTEST
~.~
MarIaM S\ewart
Cny Clerk
APPROVED
~
13
October 28. 1997