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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 27, 2000
A regular meetmg of the Santa Moruca City Counct! was called to order by Mayor Genser at 6 16
p.m, on Tuesday. June 27, 2000, at CIty Council Chambers. 1685 Main Street.
Roll Call'
Present:
Absent:
Mayor Ken Genser
Councihnember Richard Bloom
Councllmember MIChael Femstem
Councilmember Robert T Holbrook
Councilmember Kevin McKeo\>;TI
Counctlmember Paul Rosenstein
Mayor Pro Tern Pam O'Connor
Also Present. CIty Manager Susan McCarthy
City Attorney Marsha Jones Moutne
City Clerk Marla M Stewart
CLOSED SESSIONS
RECONVENEIPLEDGE
SPECIAL AGENDA
ITEMS'
CONSENT CALENDAR:
CLOSED SESSIONS On order of the Mayor. the City Council convened
at 6:16 pm. and then adjourned to consider closed sessions, With Mayor
Pro Tem O'Connor absent ActIon taken on closed sessions was reported at
the end of the meetmg
On order of the Mayor, the CIty CounCIl reconvened at 703 pm. \>;,th
Mayor Pro Tern O'Connor absent. Councilmember Bloom led the
assemblage m the Pledge of Alleg1a.l1ce.
4-A: Municipal Water Supply Study Session.
Staff provided a status report on the current safety of the City's dnnking
water, on the history of the Methyl TertIary Butyl Ether (MTBE)
contammation of the City's water supply. and on the current status ofthe
MTBE litigation case
The Consent Calendar was presented. whereby all items are considered and
approved ill one motion unless removed from the calendar for dIscussion
June 27, 2000
l272
MINUTES
EARTHQUAKE
RESOLUTION
MUNICIPAL ELECTION
RESOLUTIONS
Members of the pubhc Joy Fullmer and Bnan Hutchmgs expressed vanous I
concerns Don Brandsen spoke in opposition to Item 6-G.
At the request of CouncIl member Feinstem, Item6-G was removed from the
Consent Calendar
MotIon by CouncIhnember Bloom. seconded by Councilmember McKeo\\ll,
to approve all Items on the Consent Calendar, except Item 6-G, as
presented. readmg resolutions and ordmances by title only and Walvmg
further readmg thereof The motion was approved by the followmg vote:
AYES:
CouncIlmembers Holbrook, Rosenstem, McKeo\\TI, FeInStein,
Bloom, Mayor Genser
None
Mayor Pro Tern O'Connor
NOES:
.tillSENT.
6-A. Minutes of March 22, 2000. and March 28, 2000. City Council
meetmg, were approved as subffiltted
6-B: Earthquake Recovery Resolution - ResolutIon No. 9533 (CCS)
ent1tled "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARlKG THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY;' was adopted.
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6-C: Resolution No. 9534 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7,
2000:' Resolution No. 9535 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA REQUESTING THE BOARD OF
SUPERVISORS OF LOS ANGELES COUNTY TO CONSOLIDATE A
SPECIAL MUNICIPAL ELECTION FOR THE ELECTION OF SAt'J'TA
YIDNICA-MALIBU IJNIFIED SCHOOL DISTRICT BOARD MEMBERS
WlTH THE CITY'S GE~'ERAL MUNICIPAL ELECTION:' and
Resolution No. 9536 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS A"'JGELES TO RENDER SPECIFIED
SERVICES TO THE CITY OF SANTA MONICA RELATING TO THE
CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD
November 7, 2000:' were adopted.
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PAVEMENT, SIDEWALK,6-D: Resolution No. 9537 (CCS), entitled: "A RESOLUTION OF THE
CURB, GUTTER, AND CITY OF Sk'\JT A MONICA AUTHORIZING THE CITY Mk~AGER
RETAINING WALL TO EXECUTE AN AGREEMENT WITH THE STATE OF
REPAIR CALIFORNIA, DEPARTMENT OF TRANSPORTATION FOR GRANT
FUNDING IN THE AMOL'NT OF $428.000, FOR PAVEMENT.
SIDEWALK, CURB. GUTTER, AND RETAINING WALL REPAIR ON
APPIAN WAY BETVv'EEN MOSS AVENUE AND SEASIDE
TERRACE," and Contract No 7748 (CCS), were approved.
ORGANIZATIONAL
DEVELOPMENT
6-E. Contract for organizational development services -
recommendatlon to authorize the CIty Manager to negotmte and execute
Contract No 7735 (CCS) wIth Innovatlve Resources Consultant Group.
Inc , m the amount of $260,000, to prm.1de orgaruzatlOnal development
servIces for the Envrronmental and Public Works Management Department.
was approved.
BOARD INFORMATION - 6-F: Purchase of customer on-board infonnation stations for the Big
BIG BLUE BUSES Blue Buses - recommendatlon to award a purchase order to Transit
InfonnatIon Products. in the amount of$27,312.20. to purchase on-board
mformatlOn statlons for the Transportation Department, was approved.
AIRPORT PARK
PROJECT
6-G. Design and construction administration services for the Airport
Park Project - recommendation to authonze the City Manager to negotIate
and execute Contract No 7736 (CCS) with Calvin R Abe Assocmtes, Inc.
in the amount of$757.000. for full design and construction administration
services for the Airport Park Project. and. Contract No. 7737 (CCS) with
Komex H20 SCIence. Inc , m the amount of $114.1 00. for a Phase II
envrronmental mvestIgatIon for the project, was presented.
Councllmember Femstem requested addItIonal informatIOn and clarIficatIon
on the project, as proposed. Staff pro"ided requested mfonnatIon
Mohon by Councilmember Feinstem, seconded by Councilmember
Holbrook, to approve statfrecommendation The motion was approved by
the followmg vote:
AYES'
CouncIlmembers Holbrook. Rosenstem. McKeown, Femstein.
Bloom. Mayor Genser
None
Mayor Pro Tern O'Connor
NOES:
ABSENT:
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ORDINAt"lCES:
STAFF ADMIN. ITEMS:
COMMUNITY EVENTS
POLICY
8-A Introduction and adoption ofInterim Ordinance ~o.1978 (CCS) I
entitled: "A.'\I ORDINANCE OF THE CITY OF SA'ITA MONICA
EXTENDING THE MODIFICATIONS TO DEVELOPMENT
STANDARDS. USES SUBJECT TO A PERFORMI\NCE STANDARDS
PERMIT. CSES SUBJECT TO A USE PE~MIT. PROHIBITED USES
AND THE DEVELOPMENT REVIEW THRESHOLD WITHIN THE C2
NEIGHBORHOOD COMMERCIAL DISTRICT ALONG MONTANA
AVENUE A'ID MODIFYING THE PERMITTED USES ON MONTANA
AVENUE TO INCLUDE EXISTING CINEMAS ANTI THE MAXIMUM
FLOOR AREA RATIO FOR EXISTING CINEMAS: AND DECLARING
THE PRESENCE OF AN EMERGENCY," was presented
The public hearing was opened Joey Fulhner expressed various concerns
Pam Vavra spoke III support of the ordlllance
Motion by Counclhnember McKeo'WTI. seconded bv Counctlmember
Holbrook. to mtroduce and adopt the ordmance. readmg by title only and
waiving further readmg thereof. The motlon was approved by the followmg
vote
AYES:
Counctlmembers Bloom. Feinstem. McKeo'W1l. Rosenstein,
Holbrook, Mayor Genser
None
Mayor Pro Tern O'Connor
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NOES:
ABSENT
9-A Proposed Community E\'ents Policy - recommendation to approve
the proposed CommUlllty Event Policy and to dIrect staff to proceed 'W1th
documents necessary to implement the pollcy. was presented
The pubhc hearing was opened. Joey Fullmer expressed various concerns
Jerry Rublll spoke III oppoSItIon to the recommendation Bill Locton spoke
III support of the recommendatIon.
MotIon bv Councilmember FelDSte1l1. seconded by Counctlmember Bloom,
to approve staff recommendatIon.
'Motion to amend by Counctlmember FelDStein. to Illclude recycling m
Category 1 events. Motion was accepted as friendly.
'Motion to amend by Councilmember FelDStein, to stnke word "just" on page
18 III phrase 'just before the event" MotIon was accepted as friendly.
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MotIon to amend bv Councilmember Feinstem. as avatlable and feasible, to
reqUITe envrronmentally biodegradable alternatIves for food contamers.
Motion to amend by CouncIlmember Femstem. to allow mixed modes of
transport, on the same day, if staggered
Motion to amend by Councilmember McKeown, to add a policy statement
regardmg the difference between recyclables and blOdegradables and
encouragmg. and possibly requrrmg, the use ofblodegradables.
The maID motion, as amended, was approved by the follo\\mg vote'
AYES'
Counctlmembers Holbrook. Rosenstein, McKeown, Feinste1ll.
Bloom, Mayor Genser
None
Mayor Pro Tern O'Connor
KOES
ABSENT
PUBLIC HEARINGS: 10-A: Public hearing and recommendation to approve Stormwater
STORMW ATER PARCEL Parcel Report and Management User Fee for FY 2000-01 -
REPORT recommendatIOn to hold a public heanng. receive publIc input. and approve
the Stormwater Parcel Report describing each parcel in the City and the
amount ofeachparcers Stonnwater Management User Fee for FY 2000-01
WRITTEN
COMMUNICATIONS:
DISABILITIES
COMMISSION
On order of the Mayor, the public heanng was opened There bemg no one
to speak. the Mayor closed the public heanng.
MotIon by Councilmember Femstem. seconded by Counctlmember
Holbrook. to approve staffrecommendatlOll. The motIon was approved by
the followmg vote
AYES:
Councilmembers Bloom. Femstem. McKeo\\n, Rosenstem.
Holbrook, Mayor Genser
None
Mayor Pro Tern O'Connor
NOES
ABSENT
13-A Request of Jerry Rubin and Pro Se, representing the Coalition
for a Santa Monica Disabilities Commission, to request that Council go
on record opposing HR 3590 - relative to Americans with Disabilities
Act compliance, was presented.
Members ofthe public Bnan Hutchmgs and Pam Va\Ta spoke m support of
the request
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COUNCILMEMBER
ITEMS:
SOCIAL SERVICES
COMMISSION
INCIDENTAL FOOD
USES
RESIGNATION
SANTA MONICA
HISTORICAL SOCIETY
Motion by Counclhnember Bloom, seconded by Councihnember Rosenstem,
to direct staff to draft a letter m opposition Mohon unammously approved I
by VOice vote. v,1th Mayor Pro Tern O'Connor absent
14-A: Appointment to one unscheduled vacancy on the Social Services
Commission for a term ending June 30, 2003. (Continued from May 23,
2000.)
The Mayor opened the floor for nommatIOllS. Councihnember Femstein
nominated Anthony Pullara There bemg no other nommatlons, Mr Pullara
was appomted by acclamation, ""ith Mayor Pro Tern O'Connor absent
14-B Request ofCouncilmembers Bloom and Feinstein to direct staff
to conduct a public process to prepare a text amendment regarding
incidental food uses on Main Street, was presented
Members of the pubhc Roger Genser questIOned the intent of the request
Anita Holcomb spoke m favor ofan all-inclusive public process Rick
Laudati spoke m opposition to the request. Joe PIpersky. Pro Se, and Jerry
Rubm spoke m support of the request.
Motion by Counclhnember Femstem, seconded by Councilmember Bloom. I
to approve request WIth the understanding that the mtent is not to mtensny,
but to clanfy use The motIon was unanimously approved by voice vote.
With Mayor Pro Tern O'Connor absent.
14-C Acceptance of resignation letter of Nancy Greenstein from the
Pier Restoration Corporation, and authorization for City Clerk to
publish vacancy.
Motion by Councihnember Femstem, seconded by Councilmember Bloom.
to accept the letter With regrets. Motion unammously approved by voice
vote. v,1th Mayor Pro Tern O'CoIUlor absent
14-0 Request of Councilmembers Holbrook and Feinstein to direct
staff to transfer $5,100 from the General Fund's contingency account
to a grant to the Santa Monica Historical Society to provide an exhibit
of historical photographs of the City of Santa Monica on the occasion
of the City's 125'h Birthday, was accepted. The display wiD be at City
Hall.
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LABOR RELATIONS &
UNION
REPRESENT A nON
Councllmember Holbrook
was excused at 10 30 p m
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Motion by Councilmember Holbrook, seconded by Councllmember
Femstell1, to approve request. The motion was approved by the follov,ing
vote.
AYES
Councihnembers Bloom. Femstem, McKeown, Rosenstem,
Holbrook, Mayor Genser
None
Mayor Pro Tern O'Connor
NOES'
ABSENT
14-E Request of Councilmember McKeown for the Council to resolve
that this City's commitment to fundamental fairness and justice in
labor relations is reaffirmed, that the community's stated aversion to
union-busting is shared by this Council, and that we call upon local
businesses to respect worker dignity, management neutrality and the
right to choose union representation without intimidation by means
such as card-check elections. was presented.
Alan Rose spoke m support ofthe hotels and m support oflabor relatlons.
The followmg members of the pubhc spoke m support of the request: Kurt
Peterson, Jose Roberto Tejada, Luis Marquez. FabIan Gonzalez. Rosa
Valencia, Ceha Talavera, Mayra Ruedas. EdIth Garcia. Emesto Sanderos,
and Lisa Payne. Chuck Allord expressed concerns regarding the request.
Motion by Councilmernber McKeov,n, seconded by Councdmember Bloom.
to adopt Resolution No. 9538 (CCS) entitled "A RESOLUTION OF THE
CITY OF SANTA MONICA RESOLVING THAT THIS CITY'S
COMMITMENT TO FUNDAMENTAL FAIRNESS ~"l0 mSTICE IN
LABOR RELATIONS IS REAFFIRMED, THAT THE COMMUNITY'S
STATED AVERSION TO UNION-BUSTING IS SHAREO BY THIS
COUNCIL, AND THAT \VE CALL UPON LOCAL BUSINESSES TO
RESPECT WORKER DIGNITY, MANAGEMENT NEUTRALITY AND
THE RIGHT TO CHOOSE UNION REPRESENTATION \VITHOUT
INTIMIDATION BY MEANS SUCH AS CARD-CHECK ELECTIONS ..
:vIotlon to amend by Councilmember Rosenstein. to change "card-check
elections" to "thrrd party card-check petition" Motion accepted as friendly.
The motion as amended, was approved by the following vote:
AYES.
Councilmembers Rosenstem, McKeo\\<ll, Femstein. Bloom,
Mayor Genser
None
Councihnember Holbrook, Mayor Pro Tern O'Connor
NOES'
ABSENT:
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1278
PUBLIC INPUT:
CLOSED SESSIONS:
Member ofthe public Jerry Rubin spoke
Chuck Allord expressed concerns regarding the process for obtammg pubhc I
information
On order ofthe Mayor, CouncIl recessed at 10:47 pm, to closed seSSIons
and reconvened at 11 25 p.m. to report on the follov,ing
16-A Conference with Legal Counsel- Existing Litigation: Ring
Trading Corporation v. City of Santa Monica, Case No. BC
172044 (consohdated with Mountain View Mobile Inn ReSIdents
ASSOCIatIOn. Inc ,v City of Santa MOllica, Case No. SC 052672)
ACTION Not heard
16-B. Conference with Legal Counsel- Existing Litigation: Santa
Monica Housing Council v. City of Santa Monica, Case No.
BC 230106.
ACTION: Heard. No reportable action taken.
16-C Conference with Legal Counsel - Existing Litigation: Susan
Galloway v. City of Santa Monica, Case No. B 202772.
Motion by Councilmember Feinstem, seconded by Councilmember Bloom. I
to approve a settlement m the amount of$150,000, The motion was
approved by the follo\\<mg vote:
AYES
Councihnembers Bloom. Femstem. McKeown. Rosenstem,
Mayor Genser
None
Councilmember Holbrook. Mayor Pro Tern O"COIUlor
NOES:
ABSENT
16-D: Conference with Legal Counsel- Existing Litigation:
Foodmaker, Inc., v. City of Santa Monica, Case No. SS
007078.
ACTION' Heard No reportable action taken
16-E Conference with Legal Counsel- Anticipated Litigation:
Number of cases: Four.
ACTION One case heard No reportable action taken
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16-F: Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director.
Bargaining Units: Santa Monica Police Officers Assn.
ACTION Heard. No reportable action taken
On order of the Mayor, the City CouncIl meetmg was adjourned at 11 30
p m., to JuJy 1 L 2000
ATTEST
~~~~
Maria M. Stewarf
CIty Clerk
~ROVED:
l-t:~C
KenG~~
Mayor
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June 27. 2000