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M-6/27/2000 I I I 1271 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. I 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. 2 I June 27, 2000 I I I 1273 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: 3 June 27. 2000 1274 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 I 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. 4 I June 27, 2000 I I I 1275 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 5 June 27, 2000 1276 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. 6 I June 27. 2000 I I I LABOR RELATIONS & UNION REPRESENT A nON Councllmember Holbrook was excused at 10 30 p m 1277 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: 7 June 27. 2000 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 8 I June 27, 2000 I I I ADJOURNMENT 1279 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 9 June 27. 2000