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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 3, 2000
A regular meeting ofthe 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 Tern 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
CLOSED SESSIONS
RECONVENEIPLEDGE
ORDINANCES
RAND CORPORATION
Counci/member Holbrook
arrived at 7:30 p.m.
CLOSED SESSIONS: 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 ofthe Mayor, the City Council reconvened at 7:22 p.rn., with
Councilmember Holbrook absent. Councilmember Bloom led the
assemblage in the Pledge of Allegiance.
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:
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SANTA MONICA
COLLEGE PARKING
STRUCTURE
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, and Mayor Genser
None.
None.
NOES:
ABSENT:
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 Tern O'Connor and Mayor Genser
None
None
NOES:
ABSENT:
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 MmGATION 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.
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1365
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 ofthe project: Charles Donaldson, Nehasi
Lee, Annie Bird, Eric Yoshida, William Robertson, Jerry Rubin, Stephen
Silberkraus, Louise Jaffe and John Alexander Cinman.
RECESS
On order of the Mayor, the City Council recessed at 10:19 p.rn., 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 bv Mayor Genser to
continue the meeting past 11 :00 p.rn. 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 bv 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 Tern O'Connor
Councilmember McKeown and Mayor Genser
None
NOES:
ABSENT:
Councilmember McKeown indicated he voted no due to the inadequacy of
the EIR.
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October 3,2000
1366
Motion by Councilmember Rosenstein. seconded by Councilmember
Holbrook to adopt Resolution No. 9581 (CCS)(CEQA). The motion was
approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Feinstein, Rosenstein, Holbrook,
and Mayor Pro Tern O'Connor
Councilmember McKeown, Mayor Genser
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:
NOES:
ABSENT:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, Mayor Genser
None
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:
NOES:
ABSENT:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, Mayor Genser
None
None
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1367
STAFF ADMIN. ITEMS 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,
Motion to amend by Councilmember McKeown to also appoint Terry
Schiller. The motion was accepted as friendly. Motion to amend by
Councilmember Bloom to add Amy Boersma, R.N. to the Task Force. The
motion was accepted as friendly. The amended motion was approved by the
following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, Holbrook,
Mayor Pro Tern O'Connor and Mayor Genser
None
Councilmember Rosenstein
NOES:
ABSENT:
MUNICIPAL POOL
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 Tern O'Connor and Mayor Genser
None
Councilmember Rosenstein
NOES:
ABSENT:
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1368
COUNCILMEMBER
ITEMS:
ANGEL'S ATTIC
MUSEUM
LANDMARK
COMMISSION
PIER RESTORATION
CORPORATION
COMMISSION ON
OLDER AMERICANS
OPPOSITION TO
PROPOSITION 38
Councilmember Holbrook
was excused at 12:50 a.m.
14-E: Request ofCouncilmemberHolbrook 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 Tern
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 rull 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 Inrin Edelstein.
Motion by Mayor Genser. seconded by Mayor Pro Tern 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 ofCouncilmembers Bloom, Rosenstein, and Mayor
Genser to adopt a resolution in opposition to Proposition 38 - the
Draper Voucher Initiative.
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:
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1369
PUBLIC INPUT:
CLOSED SESSIONS:
AYES:
Councilmembers Bloom, feinstein, McKeown, Mayor Pro
Tern O'Connor, Mayor Genser
None
Councilmembers Holbrook, Rosenstein
NOES:
ABSENT:
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 ofhis property.
16-A: Conference with Legal Counsel- Existing Litigation: S;lnta.
Monica Housin2 Council v. City of Santa Monica, Case No. BC 230
106.
Motion by Councilmember Feinstein. seconded by Mayor Pro Tern
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
Tern O'Connor, Mayor Genser
None
Councilmembers Holbrook and Rosenstein
NOES:
ABSENT:
16-B: Conference with Legal Counsel - Existing Litigation: Rav
Hart v. City of Santa Monica, Case No. SC 058 435.
ACTION:
Not heard.
Conference with Legal Counsel - Existing Litigation:
Foodmaker. Inc... v.' City of Santa Monica, Case No. SS 007
078.
ACTION:
Not heard.
Conference with Legal Counsel - Existing Litigation: Alice
Cole. et at. v. City of Santa Monica, Case No. SC 055183.
ACTION:
Heard. No reportable action taken.
Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Shell Oil Co.. et at, Case No. 313 004.
ACTION:
Heard. No reportable action taken.
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October3, 2000
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ADJOURNMENT:
Conference with Legal Counsel - Existing Litigation: David
Levy. et al.. v. City of Santa Monica, Case No. SC 063147.
ACTION:
Heard. No reportable action taken.
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 (P ALSSU).
Management Team Associates (MT A)
Municipal Employees Association (MEA)
Public Attorneys Union (P AU)
Santa Monica Firefighters Local 1109 (SMFFA)
Supenrisors 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.
~~
. .w;., U}.~~
Maria M. Stewart
City Clerk
~/:ROVED:
_..(~A. ~ _
Ken GeDs~ ----..
Mayor
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October 3. 2000