M-9/26/2000
1351
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 26, 2000
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tern
O'Connor at 6:15 p.rn., on Tuesday, September 26,2000, at City Council Chambers, 1685 Main
Street.
Roll Call:
Present:
Mayor Ken Genser (arrived at 9:26 p.m.)
Mayor Pro Tern Pam O'Connor
Councilmember Richard Bloom
Councilmember Michael Feinstein
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Paul Rosenstein
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CLOSED SESSIONS CLOSED SESSIONS: On order ofthe Mayor Pro Tern, the City Council
convened at 6: 15 p.m., and then adjourned to consider closed sessions, with
Mayor Genser absent. Action taken on closed sessions was reported at the
end ofthe meeting.
RECONVENEIPLEDGE On order of Mayor Pro Tern O'Connor the City Council reconvened at 7:10
p.m., with Mayor Genser absent. Councilmember Rosenstein led the
assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and
approved in one motion unless removed from the calendar for discussion.
Motion bv Councilmember Holbrook. seconded bv Councilmember
Feinstem, to approve all items on the Consent Calendar as presented,
reading resolutions and ordinances by title only and waiving further reading
thereof. The motion was approved by the following vote:
1
September 26, 2000
1352
AYES:
Councilmembers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Pro Tern O'Connor
None
Mayor Genser
NOES:
ABSENT:
EARTHQUAKE
RECOVERY
6-A: Earthquake Recovery Resolution - Resolution No. 9574 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted.
PURCHASE OF PICK-UP
TRUCK
6-B: Purchase of one-ton pickup truck with lift gate and dump body -
recommendation to award Bid No. 2797 to Golden State Truck Center, in
the amount of $29,079.88, to furnish and deliver one pickup truck for the
Cemetery Division, Environmental & Public Works Department, was
approved.
PURCHASE OF CAB AND 6-C: Purchase of two cab and chassis with two-yard dump body trucks
CHASSIS - recommendation to award Bid No. 2794 to Maurice J. Sopp & Son, in the
amount of$III,41O.90, to furnish and deliver two dump body trucks for the
Open Space Management Division, Community & Cultural Services
Department, was approved.
PURCHASE OF TRUCK 6-D: Purchase of one sign transporting truck - recommendation to
award Bid No. 2791 to Roadline Products, in the amount of$49,885.76, to
furnish and deliver one sign transporting truck for the Traffic Operations
Division, Planning & Community Development Department, was approved.
STREET LIGHT CIRCUlT6-E: Contract for FY1999-2000 Street Light Circuit Conversion
CONVERSION Project - Recommendation to negotiate and execute Contract No. 7808
(CCS) with California Electrical Services, in the amount of$430,000, for
construction ofthe FY 1999-2000 Street Light Circuit Conversion Project;
and authorize the City Manager to negotiate and execute Contract No, 7809
(CCS) with DMR Team, in the amount of$40,000, for construction
management services, was approved.
YOUTH EMPLOYMENT
PLAN
6-F: Adoption of Youth Employment Plan - Recommendation to adopt a
Youth Employment Plan for projects funded under Los Angeles County
Safe Neighborhood Parks Propositions of 1992 and 1996; Pier Storm Drain
retrofit; Catch Basin Insert Devices; and installation of Continuous
Deflective Separation Unit at City Yards; and Santa Monica Dry Weather
Runoff Reclamation Facility, was approved.
2
September 26, 2000
1353
TRANSIT MALU4TH
STREET IMPROVE-
MENTS
6-G: Contract for construction mitigation, public outreach, aDd liaison
services in conjunction with Transit Mall, 4th Street Improvements, and
street resurfacing - Recommendation to authorize the City Manager to
negotiate and 'execute multi year Contract No. 7810 (CCS) with Harris and
Company, in the amount of $175,000, for construction mitigation, public
outreach, and liaison services in conjunction with the Transit Mall, 4th Street
Improvements, and the Street Resurfacing construction projects, was
approved.
ADMINISTRATIVE 7-A: Appeal of Planning Commission Denial of Conditional Use Permit
PROCEEDINGS: 99-040 for Yankee Doodles - recommendation to deny appeal 00-065 of
YANKEE DOODLES Planning Commission Denial of Conditional Use Permit 99-040 to allow the
RESTAURANT - APPEAL establishment ofa nightclub, construction of basement level service bar,
dance floor, floor plan modifications and consideration of revised floor plans
subsequent to the Planning Commission's determination that includes the
construction of a second floor level office and storage area for an existing
restaurantlbilliard hall at 1410 Third Street Promenade, was presented.
On order ofthe Mayor Pro Tern, the public hearing was opened. The
following members of the public spoke in support ofthe appeal: Paul
Collett, Gerard Wells, Ben Feuer, Edward Hoffinan, Harris Lasky, Alan
Popkin, Eileen Popkin, Arnold Kogen, JoAnne Lonow, Patric Perry,
Margaret O'Brien, Arthur Harris, Jerry Rubin.
Member of the public Renee Mizrahi spoke in opposition to the appeal.
Motion by Councilmember Holbrook. seconded by Councilmember
Rosenstem, to uphold appeal with the following conditions: No outside
promoter; no live broadcasts of music and dancing; no cover charge; have a
security plan approved by the Police Department; no lines queuing outside
the establishment; no after hour parties; and occupation to remain at current
limit.
Discussion ensued on the proposed motion. Subsequent to the discussion,
Councilmember Holbrook withdrew his motion and Councilmember
Rosenstein withdrew his second.
Motion by Councilmember Rosenstein. seconded by Councilmember
Holbrook, to continue this matter in order to provide appellant an
opportunity to meet with all interested parties and return with a concept that
better meets the concerns voiced by the Councilmembers.
3
September 26, 2000
1354
DEMOLITION - LAND-
MARK STRUCTURE
Mayor Genser arrived at
9:26 p.m.,
Substitute motion by Councilmember McKeown. seconded by
Councilmember Feinstein, to deny the appeal, and uphold the Planning
Commission's decision. The motion failed by the following vote:
YEs:
NOES:
Councilmembers Feinstein, McKeown
Councilmembers Bloom, Rosenstein, Holbrook,
Mayor Pro Tern O'Connor
Mayor Genser
ABSENT
Substitute motion by Councilmember Bloom. seconded by Mayor Pro Tern
O'Connor, to remand this project to the Planning Commission. The motion
was approved by the following vote:
AYES
Councilmembers Holbrook, Rosenstein, Bloom,
Mayor Pro Tem O'Connor
Councilmembers McKeown, Feinstein
Mayor Genser
NOES:
ABSENT:
7-B: Recommendation to adopt Resolutions Nos. 9575 and 9576 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT(EIR)," and" A RESOLUTION OF THE CITY OF SANTA
MONICA ADOPTING THE STATEMENT OF OVERRIDING
CONSIDERATIONS FOR THE DEMOLITION OF THE
LANDMARK STRUCTURE LOCATED AT 2712 2ND STREET," was
presented.
On order of the Mayor, the public hearing was opened. Rosario Perry, on
behalf of the property owner, spoke in support of the recommendation.
Members of the public Fred Whitlock and Rick Laudati spoke in opposition
to the recommendation.
Motion by Mayor Pro Tem O'Connor. seconded by Councilmember
Feinstein, to adopt the Resolution 9475 (CCS) certifying the final EIR,
reading by title only and waiving further reading thereof. The motion was
approved by the following vote:
AYES:
Councilmembers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES:
ABSENT
4.
Sentember 26. 2000
1355
Motion by Mayor Pro Tern O'Connor. seconded by Councilmember
Holbrook, to deny both existing appeals against the demolition permit.
Substitute motion by Councilmember Bloom. seconded by Mayor Genser, to
uphold the appeals, and that the City move and store the structure. The
motion failed by the following vote:
AYES:
NOES:
ABSENT:
Councilmember Bloom, Mayor Genser
Councilmembers Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor
None
Motion by Mayor Pro Tern O'Connor. seconded by Councilmember
Holbrook, to adopt Resolution No. 9576 (CCS) making necessary CEQA
findings and adopting statement of overriding considerations for the
demolition ofthe site, reading by title only and waiving further reading
thereof, amended to add "Attachment A" which was inadvertently left off
the document. Motion approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor
Councilmember Bloom, Mayor Genser
None
Motion by Mayor Pro Tern O'Connor. seconded by Councilmember
Feinstein, to deny appeals, allow demolition of the structure, allow 45 days
for staff to obtain photo-documentation, and that the option for a potential
buyer for the property remain open. The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, Rosenstein, McKeown,
Feinstein, Mayor Pro Tem O'Connor
Councilmember Bloom, Mayor Genser
None
Councilmember Bloom requested the record reflect that his vote against the
motion was due to his preference to moving and storing the structure
elsewhere, but believes the documentation is a good idea and hopes that the
structure is purchased and saved.
5
September 26, 2000
1356
ORDINANCES:
AUTOMATED TELLER
MACmNES
Counci/member Holbrook
was excused at 11: 15 p. m.
STAFF ADMIN. ITEMS:
LIVING WAGE
PUBLIC HEARINGS:
HOMELESS SERVICES
8-A: Second reading and adoption of Ordinance No. 1987 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
SUSPENDING SANTA MONICA MUNICIPAL CODE SECTION
4.32.040 RELATED TO AUTOMATED TELLER MACHINE
SURCHARGES," was presented.
Motion by Councilmember McKeown. seconded by Councilmember
Feinstein, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES
Councilmembers McKeown, Feinstein, Bloom,
Mayor Genser
Councilmember RosenStein, Mayor Pro Tern O'Connor
Councilmember Holbrook
NOES:
ABSENT:
9-A: Status of research on a Living Wage Ordinance for Santa Monica
and Deliberation on the Matter, IDcluding Direction to Prepare an
Ordinance and/or To Conduct Further Inquiry.
On order ofthe Mayor, the City Council meeting to be continued to
Thursday, September 28, at 7:00 p.m. in order to hear this matter more
thoroughly.
to-A: Public hearing to receive public input on the Fiscal Year 1999-
2000 Annual Review of the City's Coordinated Plan for Homeless
Services, was presented.
On order of the Mayor, the public hearing was opened. The following
members of the public spoke in support of homeless services: Joey Fullmer
Rhonda Meister, John Maceri, and Anita Holcomb.
The following members of the public spoke in support ofaltemative
solutions for addressing the homeless issues: Chuck Allord, Ellen Brennan,
Robin Waner, Jery Armstatz, Donna Block, and David Cole.
Motion by Councilmember McKeown. seconded by Councilmember
Rosenstein, to receive and file information, and to direct staff to
communicate the concerns raised during public comment to the Police
Department and the City's outreach teams for the homeless. . Motion was
unanimously approved by voice vote, with Councilmember Holbrook absent.
6
September 26, 2000
1357
STREETLIGHT 10-8: Public hearing for the formation of street lighting assessment
ASSESSMENT DISTRICT districts and recommendation to accept the certified results of the
assessment election, adopt a resolution establishing the assessment
districts on various city Streets, and order the work to begin.
The Mayor advised that this matter was withdrawn at request of staff.
REPORTS OF BOARDS
AND COMMISSIONS:
II-A: Recommendation from the Commission on the Status of Women
that Council approve the establishment of Commissioner Emeritus
positions in order to utilize talents of former members who have served
the aUowable terms with the Commission, was presented.
Councilmember Rosenstein
was excused at 12:30 a.m.
Members of the public Jerry Rubin and Eileen Lipson spoke in support of
the recommendation.
Motion by Mavor Genser. seconded by Councilmember McKeown, to direct
staff to work with the Commission and return to Council with a proposal.
Motion was unanimously approved by voice vote, with Councilmembers
Holbrook and Rosenstein absent.
WRITTEN I3-A: Request of Pro Se that Council establish a policy of permitting
COMMUNICATIONS: disabled individuals to speak early on agenda items listed for City
PUBLIC COMMENT FOR Council, boards, commissions and task forces, upon request with
DISABLED medical need established by the individual's physician, was presented.
Members ofthe public Carol Snider and Jerry Rubin spoke in support of the
request.
On order of the Mayor, the information was received and filed.
COUNCILMEMBER I4-A: Appointment to one unscheduled vacancy on the Housing
ITEMS: Commission for a term ending June 30, 2001.
HOUSING COMMISSION
The Mayor opened the floor for nominations. Councilmember McKeown
nominated Thomas Gee. There being no other nominations, Mr. Gee was
appointed by acclamation, with Councilmembers Holbrook and Rosenstein
absent.
LANDMARKS
COMMISSION
14-8: Appointment to one unscheduled vacancy on the Landmarks
Commission for a term ending June 30,2002.
On order of the Mayor, this matter was continued to October 3,2000.
7
September 26, 2000
1358
SOCIAL SERVICES
COMMISSION
PIER RESTORATION
CORPORATION
PLANNING
COMMISSION
OUT TIMES -
NEWSPAPER
14-C: Appointment to one unscheduled vacancy on the Social Services
Commission for a term ending June 30, 2002.
The Mayor opened the floor for nominations. Councilmember Feinstein
nominated Jamila Jones. There being no other nominations, Ms. Jones was
appointed by acclamation, with Councilmembers Holbrook and Rosenstein
absent:
14-D: Appointments to two full terms on the Pier Restoration
Corporation for terms ending November 10, 2003.
On order of the Mayor, this matter was continued to October 3,2000.
14-E: Appointment to one unscheduled vacancy on the Planning
Commission for a term ending June 30, 2002.
The Mayor opened the floor for nominations. Councilmember McKeown
nominated Jay Johnson. There being no other nominations, Mr. Johnson
was appointed by the following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown,
Mayor Genser
None
Mayor Pro Tern O'Connor
Councilmembers Holbrook, Rosenstein
NOES:
ABSTAIN:
ABSENT:
14-F: Request ofCouncilmember McKeown and Councilmember
Bloom that the Council adopt Resolution No. 9577 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA EXPRESSING
ITS DEEP REGRET OVER THE DECISION OF THE LOS
ANGELES TIMES AND ITS PARENT CORPORATION, THE
CmCAGO TRIBUNE, TO DISCONTINUE PUBLICATION OF THE
SANTA MONICA EDITION OF OUR TIMES; AND CONVEYING
THE CITY'S THANKS AND APPRECIATION TO THE STAFF OF
OUR TIMES FOR THEIR SERVICE TO OUR COMMUNITY AND
COMMITMENT TO mGH JOURNALISTIC STANDARDS," was
presented.
Motion by Councilmember McKeown. seconded by Councilmember Bloom
to adopt a resolution, reading by title only, and waiving further reading
thereof. The motion was approved by the following vote:
8
September 26, 2000
1359
RESIGNATION
PROPOSITION 38
PUBLIC INPUT:
CLOSED SESSIONS:
AYES
Councilmembers Bloom, Feinstein, McKeown,
Mayor Pro Tem O'Connor, Mayor Genser
None
Councilmembers Rosenstein, Holbrook
NOES:
ABSENT:
14-G: Acceptance of Jorge Pardo's letter of resignation from the Arts
Commission and authorization for the City Clerk to publish the
vacancy.
Motion by Mayor Genser. seconded by Councilmember Bloom, to accept
the letter with regrets. Motion unanimously approved, with
Councilmembers Holbrook and Rosenstein absent.
14-H: Request ofCouncilmembers Bloom, Rosenstein, and Mayor
Genser to adopt a resolution in opposition to Proposition 38 - the
Draper Voucher Initiative.
On order of the Mayor, this matter was continued to October 3, 2000.
Members of the public Chuck Allord, Art Casillas, and Brian Hutchings
expressed various concerns.
16-A: Conference with Legal Counsel- Existing Litigation:
Lawrence v. Citv of Santa Monica, Case No. SC 056171.
Motion by Councilmember Feinstein. seconded by Councilmember
McKeo~ to approve a settlement in the amount of$156,697. The motion
was approved by the following vote:
AYES
Councilmembers Bloom, Feinstein, McKeown,
Mayor Pro Tern O'Connor, Mayor Genser
None
Councilmembers Rosenstein, Holbrook
NOES:
ABSENT:
Conference with Legal Counsel - Existing Litigation: Daniel
Reyes v. Citv of Santa Monica, Case No. SC 057 195.
ACTION:
Not heard.
9
September 26, 2000
1360
Conference with Legal Counsel - Existing Litigation: Santa
Monica Housine: Council v. City of Santa Monica, Case No.
DC 230 106.
ACTION:
Not heard.
Conference with Legal Counsel - Existing Litigation:
Foodmaker. Inc. v. City of Santa Monica, Case No. SS 007
078.
ACTION
Not heard.
16-E: 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 aL, Case No. 313004.
ACTION:
Heard. No reportable action taken.
16-G: Conference with Legal Counsel - Existing Litigation: David
Levv. et aL. v. City of Santa Monica. et at, Case No. SC 063
147.
ACTION:
Heard. No reportable action taken.
Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Four.
ACTION:
Heard. No reportable action taken.
RECESS TO THURSDAY, On order of the Mayor, the regular meeting of the City Council recessed at
SEPTEMBER 28TH, AT 1 :30 a.m, and reconvened on Thursday, September 28, 2000, at 7:00 p.rn.,
7:00 P.M. with all members present to consider the following:
STAFF ADMIN. ITEMS:
LIVING WAGE
9-A: Status of research on a Living Wage Ordinance for Santa Monica
and Deliberation oil. the Matter, Including Direction to Prepare an
Ordinance and/or To Conduct Further Inquiry.
10
September 26, 2000
1361
On order of the Mayor, the public hearing was opened. The following
members of the public spoke in support ofa Living Wage and against
Proposition KK: Ann Hoffinan, Ed Muzika, Rita Lowenthal, Vivian
Rothstein, Beth ~eder...Pak, Brain Samuel, Edith Garcia, Delmy Falla,
Miguel MarqueZ: Mayra Rodas, Maria Peralta, Vilma Reyes, Clemencia
Raymondo,iCelia Talavera, Carol Snider, Buria Finkel, and Eileen Lipson.
The following members of the public suggested formation ofa commission
to discuss the matter: Karen Bauer, Ann Greenspun, and Dan Ehrler.
The following members of the public spoke in opposition to a Living Wage
Ordinance: Mary Ann Powell, Quincy, Trey Nelson, Mike Grunine, Richard
Drapkin, Jack Srebnik, Tony' Altarez, Donna Alvarez, Bob Busher, Paul
Hortobaghi, Kathy Phillips, Robert Long, Richard Bress, Clay Gillette,
Cameron Garcia, Mikke Pierson, and Michael Bank.
Member of the public Tom Larmore addressed the Council in support of
Proposition KK. Member of the public Bruce Cameron discussed the study
conducted on a living wage.
Motion by Councilmember Feinstein. seconded by Mayor Genser. to hear
late chits for one minute each. The motion was unanimously approved by
voice vote, with all Councilmembers present.
Members of the public Joe Natoli and Dennis Zane expressed various
concerns regarding the living wage. Member of the public Francisco
Vasquez spoke in support of a Living Wage and against Proposition KK.
The following members of the public spoke in opposition to a Living Wage:
Tony Lardas, William F. Delvac, and Paul Dale.
RECESS
On order of the Mayor, the City Council recessed at 9:32 p.m., and
reconvened at 10:00 p.m., with all members present.
Motion by Councilmember Feinstein. seconded by Councilmember
Rosenstein. to direct staff to proceed with the following general values,
including improving the economic status of the working poor in the
community whether resident or non-resident, preserving the viability oflocal
businesses, maintaining the City's economic well-being and vitj;llity of its
cpmmercial areas, minimizing adverse affects on residents and keeping
solutions simple to administer and defend, taking into consideration
,comments made d~ing discussion. The motion carried by the following
vote:
11
September 26, 2000
1362
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tem O'Connor and Mayor Genser
None
None
NOES:
ABSENT:
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 11 :00
p.rn.
- -C~~
Maria M. Stewart
City Clerk
J.--Ae.PRO. VED
It/(.r.''--~ -~
Ken GJnser
Mayor
12
September 26, 2000