June 27, 2006

CITY HALL — Big helpings of raw food, marijuana and beach parking lots were served up at Tuesday night’s City Council meeting, which dragged on late into the evening, forcing elected officials to postpone action on three items, including the approval of several board members and commissioners.

The atmosphere in the Council Chambers was more lively than usual, as elected officials heard appeals from an attorney representing the operators of Juliano’s Raw restaurant and residents opposed to its request to serve alcohol and be allowed to operate without the two parking spaces required under current zoning laws.

Also, the authors of a ballot initiative that would make adult marijuana use at private residences the lowest priority for law enforcement squared off against police officers opposed to the measure, while residents of Sunset Park tried desperately to convince the Council to not allow Santa Monica College to continue using 400 parking spaces in Beach Lot 5 through December.

Many speakers expressed strong opinions, while council members Ken Genser and Kevin McKeown often fired back with very direct, and at times, challenging questions, along with the occasional long-winded speech, annoying some fatigued audience members, who often emitted sighs and some four letter words when things didn’t go their way.

All the regulars were on hand, including Jerry Rubin, Joe Natoli and Joy Fulmer, who surprisingly kept her comments to a minimum. Mayor Pro Tem Bobby Shriver and Councilman Richard Bloom were absent.

Following the customary Pledge of Allegiance, the meeting quickly moved to the consent calendar — often approved quickly with one vote from the council — but on Tuesday stretched on for nearly two hours as the council discussed two items that were conspicuously absent.

The first item was a contract with L.A. Cha Maintenance for custodial services at the Public Safety Facility. McKeown said he pulled the item so that he could ask staff to research how other cities with a living wage ordinance monitor compliance with the law and to see if there are practices that can be adopted.

The living wage ordinance requires companies doing business in the city’s beachfront and downtown districts to pay an hourly wage far above minimum wage, and make contributions to an employee’s health benefits.

The Council approved the contract with L.A. Cha, valued at $210,110 for one year, with two, one-year renewals.

HIPPODROME DRONE

Focus then turned to the installation of security cameras on the pier, and in particular, the Carousel building.

The SMPD made a request for the Council to issue an emergency order allowing for the placement of the cameras without first going to the Landmarks Commission for review.

There was concern expressed by the SMPD that a public hearing by the commission could force officers to divulge sensitive information about the installation, such as the exact locations of the cameras and where they would be filming, according to City Manager Lamont Ewell and City Attorney Marsha Moutrie.

Some questioned whether the request was made because of concerns about confidentiality or because SMPD officials failed to realize until the last minute that they would have to go before the Landmarks Commission to complete the installation.

Councilmember Pam O’Connor and Mayor Bob Holbrook were in favor of granting the emergency installation, along with Councilman Herb Katz, saying they did not want to be cavalier about public safety.

Holbrook said if a terrorist did strike and he had done nothing to install the cameras, he would not be able to live with himself.

Genser and McKeown said they too supported extra security, but did not feel there was any imminent danger and, therefore, were not comfortable with bypassing the normal, public review process.

The two also questioned why SMPD waited more than five months to come before the council with the request

Deputy Chief Phil Sanchez said the SMPD was not trying to take a “peak-a-boo” approach to pier security, but felt immediate installation of the cameras was necessary given the upcoming Twilight Dance Series, which attracts thousands of people.

O’Connor, who felt she was being labeled an alarmist, said that in a post 9/11 world, there is no telling when or where a terrorist will strike, and that City Hall needs to be prepared for anything and never be complacent.

“I think what is alarmist is the impact (the installation of the cameras) would have on the pier,” she said.

Failing to receive four votes, the matter was referred to the Landmarks Commission, which will discuss the camera installation on July 10, with the matter to be placed on the Council’s July 11 agenda for reconsideration, just in case it’s opposed.

“I think we’ve beaten this one to death,” Katz said.

CHEF’S ABSENCE LEAVES SOUR TASTE

The sun was set to dip down over the Pacific when Council moved into closed session to discuss lawsuits involving City Hall and to receive updates on real property negotiations involving multiple parcels in the 1300 block of Fourth Street and the 1400 block of Fifth Street.

There was no action to report following the roughly hour-long session.

Moving on, the Council convened a public hearing on Juliano’s, owned by world famous chef Juliano Brotman, who prepares raw food for the likes of Robin Williams and Apple co-founder Steve Jobs, according to the chef’s Web site.

Brotman’s attorney, Howard Robinson of Venice, argued on his behalf for a permit to serve beer and wine and to receive a variance modifying off-street parking requirements that would allow Juliano’s to continue operating as a restaurant with just four parking spaces.

The Planning Commission approved of the liquor licenses and reduced parking last December.

Robinson said the restaurant serves the community and is an anchor that enlivens the corner of Sixth Street and Broadway, as it encourages outdoor dining. Brotman claims only 38 percent of customers surveyed drive to the restaurant; the rest walk, bike or roller skate.

Some councilmembers seemed annoyed that Juliano was not present for the hearing and drilled Robinson at every turn.

Those opposed to Juliano’s request — residents Ellen Brennan and Art Harris — seemed to fair much better with the Council. They said parking is in such short supply downtown that no variance should be issued, particularly since Juliano’s has been operating without the proper number of parking spaces because of an error made by city staff in granting a business license.

Apparently, Juliano’s has been operating as a restaurant, however, the facility was designed to accommodate a deli, which requires fewer parking spaces than a restaurant. Someone in City Hall failed to notice the difference, which was brought to the attention of city planners after Juliano’s applied for a liquor license.

During public comment, gadfly Fulmer provided some laughter when she complained City Hall issues too many liquor licenses, resulting in people becoming intoxicated, which leads to the spread of AIDS.

“And I don’t like how you’re telling cops to do their job,” Fulmer said, referring to the cameras on the pier.

The link between liquor and the spread of AIDS seemed to annoy the typically polite Holbrook, while causing others to chuckle, including the City Attorney, who tried as best as she could to hide her amusement.

In the end, the Council approved the sale of alcohol at the restaurant and ordered Juliano’s to find two parking spaces or pay for valet service.

CITY’S MARY JANE POLICY IS ‘DAMN COOL’

Up next were supporters and opponents of a ballot initiative that would make adult marijuana use the lowest law enforcement priority.

The initiative would “remove the handcuffs on our esteemed police department and allow them to focus on the most serious crimes,” said Luciano Hernandez, a supporter of the ballot measure.

Genser grilled Hernandez and other supporters, asking them if they had ever been arrested or profiled by the police because of personal adult marijuana use, or if they knew anyone that had.

Supporters said they hadn’t.

Sanchez blasted the proposed law, saying it would handcuff law enforcement. He cited instances when the law would have prevented officers from recovering more than 300 pounds of marijuana in two separate arrests, including one in which the suspect, armed with a revolver, was trafficking marijuana while his young niece rode in the vehicle.

“If you have any information about misconduct, profiling or targeting, please bring it to the attention of the Santa Monica Police Department,” Sanchez said, responding to claims by the initiative’s supporters. “We are happy and willing to investigate these allegations.”

Those on the dais, for the most part, said they felt the war on drugs had failed, but the initiative was poorly written and they could not support it.

McKeown said the initiative’s supporters should have worked with the Council to come up with a resolution that would have stated the city’s opposition to the criminalization of adult marijuana users and the war on drugs. However, the supporters pulled out of negotiations, forcing McKeown to campaign against an initiative that, in spirit, he supports.

“I’m disappointed how this came about,” McKeown said. “This initiative doesn’t fit the city of Santa Monica. The way our police department handles situations with adult marijuana use is pretty damn cool.”

The initiative has already qualified for the November ballot. All the Council can do is adopt it as law now or approve it for the ballot and let the voters decide. In the end, councilmembers put off making a decision, directing staff to further study the issue.

TSANG STICKS

With the clock striking 11 p.m., many left the City Council chambers. Those who stuck around included Dr. Chui Tsang, president of SMC, who successfully argued on behalf of students for the extension of a contract to use 400 parking spaces at a beach lot in Ocean Park, much to the disappointment of several residents who spoke adamantly about their quality of life being diminished because of noisy shuttle buses continuously traveling through their neighborhoods.

Tsang expressed his commitment to working with neighbors to address their concerns and promised to attend community meetings with the City Manager. The college must also lease environmentally-friendly shuttles, remind bus drivers of routes that must be followed and work on finding another location to park.

The Council adjourned in memory of Miriam Goldsmith, a community activist who died last week.