CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 28, 1997
A regular meeting of the Santa Monica City Council was called
to order by Mayor O'Connor at 6:38 p.m., on Tuesday, October
28, 1997, in the Council Chambers.
Roll Call: Present: Mayor Pamela O'Connor
Mayor Pro Tem Robert T. Holbrook
Councilmember Ruth Ebner
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
Councilmember Feinstein led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
A moment of inspiration was provided by the Santa Monica High
School Marching Band.
SS-1: INCLUSIONARY HOUSING PROGRAM GUIDELINES: Presented was
the Study Session regarding conceptual alternative revisions to
the City's Inclusionary Housing Program Guidelines (Ordinance
No. 1615).
Paul Silbern, of Hamilton, Rabinovitz & Alschuler, Inc., the
City's consultant, lead the Study Session and gave a
presentation discussing the City's current inclusionary housing
program and summarizing possible conceptual alternatives. Mr.
Silbern answered questions from Councilmembers.
Member of the public Joey Fullmer expressed her concerns.
Member of the public Chris Harding spoke in general support of
the guidelines as presented.
Councilmembers presented their preferences for the manner in
which to proceed with the Inclusionary Housing Program.
On order of the Mayor, the information was received and filed.
6. CONSENT CALENDAR: The Consent Calendar was presented,
whereby all items are considered and approved in one motion
unless removed from the calendar for discussion.
Member of the public Brian Hutchings addressed items on the
Consent Calendar.
At the request of Councilmember Genser Item No. 6-A was removed
from the Consent Calendar.
Motion by Councilmember Feinstein, seconded by Councilmember
Greenberg, to approve the Consent Calendar, with the exception
of Item No. 6-A, reading resolutions and ordinances by title
only and waiving further reading thereof. The motion was
approved by the following vote:
Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Genser,
Feinstein, Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
6-B: LOCAL EMERGENCY (JANUARY 1994 EARTH-QUAKE DAMAGE):
Resolution No. 9208(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF
A CONTINUING LOCAL EMERGENCY," was adopted.
6-C: CONTRACT/PROPERTY TAX AUDITING SERVICES: Contract No.
6821(CCS) was approved with HdL Coren & Cone to conduct
property tax auditing and information reporting services for
the City and the Redevelopment Agency.
6-D: SANTA MONICA FESTIVAL: A CELEBRATION OF COMMUNITY ROOTS:
Contract No. 6822(CCS) was approved for a period of three years
with Community Arts Resources, in an amount not to exceed
$60,000 annually, to produce the 1998, 1999, and 2000 Santa
Monica Festival "A Celebration of Community Roots;" to authorize
the City Manager to amend the contract, for an amount not to
exceed $30,000, to include additional services for expanded
festival programming; and to approve the recommended budget
changes.
6-E: CONTRACT AMENDMENT-ENVIRONMENTAL, MONITORING & CLEAN-UP
SERVICES: Amended Contract No. 7149(CCS) was approved with
Arthur D. Little, Inc., for an amount not to exceed $78,400, to
conduct additional environmental, monitoring, and cleanup
services at the Transportation Yard.
6-F: CONTRACT/CENTRAL IRRIGATION CONTROL SYSTEM: Contract No.
6823(CCS) was approved with Soltis, in an amount not to exceed
$290,975, for the construction of a central irrigation control
system.
6-G: CONTRACT AMENDMENT/FACILITIES MAINTENANCE PROJECT: Amended
Contract No. 6593(CCS) was approved with Rachlin & Rachlin
Architects, for an amount not to exceed $60,000, for the design
of the Facilities Maintenance Project, 1997-1998, at various
city buildings.
6-H: RESOLUTION/LOCAL GOVERNMENT SUBVENTION FUND: Resolution
No. 9209(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT AND
EXECUTE THE LOCAL GOVERNMENT SUBVENTION FUND MATCH PROGRAM
GRANT APPLICATION TO THE SOUTH COAST AIR QUALITY MANAGEMENT
DISTRICT," was adopted.
6-I: APPOINTMENT/NEW MEMBERS: The appointment of Tim
Carmichael and Sandy Grant to fill the vacancies on the Santa
Monica Task Force on the Environment was approved.
END OF CONSENT CALENDAR
6-A: MINUTES APPROVAL: Councilmember Genser advised he had
questions on the October 7th minutes and requested that they be
continued.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to approve the minutes of the meeting of September
23, 1997, and continue the minutes of October 7, 1997, to the
meeting of November 11, 1997. The motion was approved by the
following vote:
Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Genser,
Feinstein, Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
8-A: STREET PERFORMERS AND OTHERS/DISPLAYING OR DISTRIBUTING
MERCHANDISE, ETC., ON SIDEWALKS, SPECIAL ZONES ON THIRD STREET
PROMENADE & SANTA MONICA PIER/FILING FEES FOR PERMIT: The
ordinance was presented for second reading.
Motion by Councilmember Greenberg, seconded by Councilmember
Ebner, to adopt Ordinance No. 1888(CCS) entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTERS
6.112, 6.116 AND SECTION 3.12.375 TO THE SANTA MONICA MUNICIPAL
CODE AND AMENDING CHAPTER 6.36 AND SECTION 3.36.150 OF THE
SANTA MONICA MUNICIPAL CODE RELATING TO STREET PERFORMERS AND
PERSONS, INCLUDING VENDORS, UTILIZING TABLES, CARTS, BLANKETS,
OR SIMILAR ITEMS FOR THE PURPOSE OF DISPLAYING OR DISTRIBUTING
MERCHANDISE, GOODS, WRITTEN MATERIALS, OR FOOD OR PLACING
OBJECTS ON PUBLIC SIDEWALKS," on second reading, reading by
title only and waiving further reading thereof. The motion was
approved by the following vote:
Ayes: Councilmembers Greenberg, Rosenstein, Ebner,
Mayor Pro Tem Holbrook
Noes: Councilmembers Feinstein, Genser, Mayor O'Connor
Absent: None
Mayor O'Connor requested that the record reflect that there are
a number of things in the ordinance with which she agrees, but
she is voting against it because of the prohibition on the
heartland vending, that she does not see how prohibiting
heartland vending serves any of the purposes of this ordinance.
Councilmember Genser requested that the record reflect that he
voted against this motion because he believes that it
unconscionably strikes at what is the heart of the democratic
principles in this community by limiting what is being called
free speech vending, and it also inappropriately restricts the
rights of performers so that they may not display items which
are available for donation as can any other member of the
public.
Councilmember Feinstein requested that the record reflect his
concurrence with Councilmember Genser's statement.
8-B: ORDINANCE/REPLACEMENT OF NON-CONFORMING ARCHITECTURAL
FEATURES: Mayor O'Connor advised that at first reading the
ordinance had been amended to have Landmark decisions
appealable to the City Council and not to the Planning
Commission, as the ordinance at hand indicated.
Motion by Councilmember Feinstein, seconded by Councilmember
Rosenstein, to continue Item No. 8-B until after the break so
staff could look into the matter. The motion was unanimously
approved by voice vote.
8-B CONTINUED. ORDINANCE/REPLACEMENT OF NON-CONFORMING
ARCHITECTURAL FEATURES: The City Attorney advised that the
error was clerical in nature and would be corrected to have
Landmarks Commission decisions appealable to the City Council,
as amended during first reading.
The ordinance was presented for second reading and adoption.
Motion by Councilmember Feinstein, seconded by Councilmember
Rosenstein, to adopt Ordinance No. 1889(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 9.04.18.020(c) OF THE SANTA MONICA MUNICIPAL
CODE TO ALLOW THE REPLACEMENT OF NON-CONFORMING ARCHITECTURAL
FEATURES WHICH HAVE BEEN REMOVED FROM ANY EXISTING BUILDING
WHICH IS DESIGNATED AS A CITY OF SANTA MONICA LANDMARK OR IS
LISTED ON EITHER THE CALIFORNIA REGISTER OF HISTORICAL
RESOURCES OR THE NATIONAL REGISTER OF HISTORIC PLACES," on
second reading, reading by title only and waiving further
reading thereof. The motion was approved by the following
vote:
Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Genser,
Feinstein, Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
8-C: ORDINANCE/RENAMING OF LINCOLN PARK TO CHRISTINE EMERSON
REED PARK: Presented was an ordinance for introduction and
first reading amending Sections 4.08.091, 4.08.180, and
4.55.020 to reflect the renaming of Lincoln Park to Christine
Emerson Reed Park.
On order of the Mayor, the public hearing was opened.
Members of the public Jerry Rubin and Brian Hutchings spoke in
support of the proposed name change.
There being no further speakers, the Mayor closed the public
hearing.
Motion by Mayor Pro Tem Holbrook, seconded by Councilmember
Rosenstein, to introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA RENAMING LINCOLN PARK CHRISTINE EMERSON REED PARK AND
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4.08.091,
4.08.180 AND 4.55.020 TO REFLECT THE NAME CHANGE," reading by
title only and waiving further reading thereof. The motion was
approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg,
Rosenstein, Ebner, Mayor Pro Tem Holbrook, Mayor
O'Connor
Noes: None
Absent: None
RECESS: On order of the Mayor, the City Council recessed at
9:00 p.m., and reconvened at 9:55 p.m., with all members
present, and returned to the pending ordinance matter:
8-D: ORDINANCE/LOCAL BIDDING PREFERENCE/SANTA MONICA
BUSINESSES: Presented was an ordinance for introduction and
first reading amending Municipal Code Sections 2.24.090 and
2.24.100 and replacing Ordinance No. 1762(CCS) to delete the 1%
bidding preference for Santa Monica businesses submitting
informal and formal bids.
On order of the Mayor, the public hearing was opened.
Mr. Dan Ehrler, representing the Chamber of Commerce, advised
that the Chamber wished to have this matter considered by the
Government Affairs Committee of the Chamber.
Members of the public Mark Harding and Kelly Olsen spoke in
opposition to the proposed ordinance.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to hear a late speaker. The motion was unanimously
approved by voice vote.
Member of the public Brian Hutchings spoke in opposition to the
proposed ordinance. There being no further speakers, the
Mayor closed the public hearing.
Motion by Councilmember Ebner, seconded by Councilmember
Rosenstein, to introduce the ordinance for first reading.
Substitute motion by Councilmember Feinstein, seconded by
Councilmember Genser, to ask staff to confer with the Chamber
of Commerce and return to Council with a recommendation at the
meeting of November 25, 1997.
Motion by Councilmember Greenberg, accepted as friendly, to
amend the motion to direct staff to research the legality of
the proposed ordinance. The motion was unanimously approved by
voice vote.
9-A: MOSS AVENUE SEWER PUMPING STATION: Councilmembers
Greenberg and Ebner declared a potential conflict of interest
due to their employment with the City of Los Angeles.
Councilmembers Greenberg and Ebner were excused at 10:40 p.m.
Presented was a resolution certifying a Mitigated Negative
Declaration for the Moss Avenue Sewer Pumping Station;
recommendation to waive competitive bidding requirements;
recommendation to authorize the City Manager to negotiate and
execute a contract in an amount not to exceed $2,395,600, for
the construction of the Moss Avenue Pumping Station;
recommendation to negotiate and execute a contract, in an
amount not to exceed $160,000, for the construction of the Moss
Avenue Pumping Station structural shell; and, recommendation to
negotiate and execute an agreement with Project New Hope, in an
amount not to exceed $720,000, for costs associated with
Project New Hope delayed construction.
On order of the Mayor, the public hearing was opened. Member
of the public Scott Figenshow spoke in support of the staff
recommendation. There being no further speakers, the Mayor
closed the public hearing.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to approve Contract No. 6826(CCS) with Project New
Hope in an amount not to exceed $720,000 for costs associated
with Project New Hope delays. The motion was approved by the
following vote:
Ayes: Councilmembers Feinstein, Genser, Rosenstein,
Mayor O'Connor
Noes: Mayor Pro Tem Holbrook
Absent: Councilmembers Ebner, Greenberg
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to adopt Resolution No. 9210(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE MITIGATED NEGATIVE DECLARATION ON THE MOSS AVENUE
PUMPING STATION PROJECT," reading by title only and waiving
further reading thereof. The motion was approved by the
following vote:
Ayes: Councilmembers Feinstein, Genser, Rosenstein, Mayor
Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: Councilmembers Ebner
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to approve Contract No. 6824(CCS) for the
construction of the Moss Avenue Pumping Station structural
shell, in an amount not to exceed $2,395,600; to approve
Contract No. 6825(CCS) for the construction of the Moss Avenue
Pumping Station structural shell in an amount not to exceed
$160,000; to authorize the City Engineer to issue any necessary
change orders to complete additional work in conformance with
the Administrative Instructions on Change Orders; to find that
due to urgent necessity the public health, welfare and safety
would be jeopardized if bidding requirements are not waived for
the construction of the Moss Avenue Pumping Station structural
shell on an accelerated schedule; and to authorize the revenue
budget change as detailed in the Budget/Financial Impact
section of the staff report. The motion was approved by the
following vote:
Ayes: Councilmembers Feinstein, Genser, Rosenstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: Councilmembers Ebner, Greenberg
10-A: TAX AND EQUITY FISCAL RESPONSIBILITY ACT: Presented was
the public hearing on the Tax and Equity Fiscal Responsibility
Act (TEFRA) on the inclusion of the Ken Edwards Center and the
Airport Administration Building into Phase Two of Southern
California Edison ENVEST's Energy Efficiency Demonstration
Project and the use of tax-exempt financing for improvements on
both sites, and to authorize the City Manager to execute TEFRA
documentation necessary to record results of the Tefra hearing.
Councilmember Greenberg returned at 10:50 p.m.
On order of the Mayor, the public hearing was opened. Member
of the public Brian Hutchings expressed his concerns. There
being no further speakers, the Mayor closed the public hearing.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to include the Ken Edwards Center and the Airport
Administration Building into Phase Two of Southern California
Edison's ENVEST project and authorize the City Manager to
execute all documentation necessary to memorialize the results
of the TEFRA hearing. The motion was approved by the following
vote:
Ayes: Councilmembers Rosenstein, Greenberg, Genser,
Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: Councilmember Ebner
12-A: RESOLUTION/MEMORANDUM OF UNDERSTANDING-MANAGEMENT TEAM
ASSOCIATES: Resolution No. 9211(CCS) was adopted and Contract
No. 6827(CCS) was approved during Closed Session.
12-B: RESOLUTION AMENDING EXECUTIVE PAY PLAN: Resolution No.
9212(CCS) was adopted during Closed Session.
13-A: CHRISTOPHER HARDING/ELIMINATION OF CITY FEES/SOIL NAIL
PERMITS/NONPROFIT AGENCIES/AFFORDABLE HOUSING PROJECTS:
Presented was the request of Christopher Harding, of Lawrence &
Harding, to address Council regarding the elimination of the
City's fees, set by Resolution No. 8770, for soil nail permits
as applicable to nonprofit agencies developing 100% affordable
housing projects.
Members of the public Valerie Freshwater, Mark Montoya, and Jim
Tkach spoke in support of the elimination of the City's fees,
set by Resolution No. 8770, for soil nail permits as applicable
to nonprofit agencies developing 100% affordable housing
projects.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to continue the meeting past 11:00 p.m. The motion was
unanimously approved by voice vote, Councilmember Ebner absent.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to direct staff to confer with Upward Bound Project
representatives and return at the meeting of November 11, 1997,
with recommendations. The motion was unanimously approved by
voice vote, Councilmember Ebner absent.
13-B: CHRISTOPHER HARDING/INCLUSIONARY HOUSING PROGRAM: The
request of Christopher Harding, of Lawrence & Harding, to
address Council on the City's Inclusionary Housing Program and
to request Council to adopt an interim ordinance to bring the
Program into compliance with Costa-Hawkins was continued to the
meeting of November 11, 1997.
14-A: RECONSIDERATION/DECISION/APPEAL 97-001/CUP 96-023/FAST
FOOD RESTAURANT/OUTDOOR SEATING- CONVENIENCE STORE/1410 PICO
BOULEVARD: The request of Mayor Pro Tem Holbrook and
Councilmember Rosenstein to reconsider the July 22, 1997,
decision regarding appeal 97-001 of Planning Commission
approval of Conditional Use Permit 96-023 to allow the addition
of a fast-food restaurant with outdoor seating and a
convenience store to an existing self-service gas station
located at 1410 Pico Boulevard, relative to the existing 14th
Street driveway, was continued to the meeting of November 11,
1997, as a 5-item.
14-B: AUTOMATIC VOTING SYSTEM/CITY COUNCIL MOTIONS: The
request of Mayor Pro Tem Holbrook to direct staff to purchase
and install, in Council Chambers, an automatic voting system
for City Council motions, was continued to the meeting of
November 11, 1997, as a 5-item.
14-C: APPOINTMENTS/BOARDS AND COMMISSIONS: Appointments to
various boards and commissions for terms expiring June 30,
1997, were continued to the meeting of November 11, 1997.
14-D: RESCISSION OF APPOINTMENT TO ARCHITECTURAL REVIEW BOARD:
The rescission of the appointment made on September 9, 1997, to
the Architectural Review Board due to the appointee moving out
of the State was continued to the meeting of November 11, 1997.
14-E: APPOINTMENT TO SOCIAL SERVICES COMMISSION: The
appointment to one unscheduled vacancy on the Social Services
Commission for a term ending June 30, 1998, was continued to
the meeting of November 11, 1997.
14-F: ANNUAL VACANCIES -PIER RESTORATION CORPORATION: The
appointments to annual vacancies on the Pier Restoration
Corporation for two terms expiring November 8, 1999, and for
three terms expiring November 6, 2000, were continued to the
meeting of November 11, 1997.
Motion by Mayor Pro Tem Holbrook, seconded by Councilmember
Feinstein, to consider Item No. 14-G at this time. The motion
was unanimously approved by voice vote, Councilmember Ebner
absent.
14-G: TRAVEL FUNDS - COUNCILMEMBER FEINSTEIN: Presented was the
request of Councilmember Feinstein to approve travel funds to
attend "Alliance for Municipal Power Conference," relative to
options in the utilities deregulation field, on November 8,
1997, in San Francisco.
Motion by Councilmember Rosenstein, seconded by Councilmember
Genser, to approve the request of Councilmember Feinstein for
travel funds to attend "Alliance for Municipal Power
Conference," on Saturday, November 8, 1997, in San Francisco,
California.
Member of the public Brian Hutchings expressed his concerns.
The motion was unanimously approved by voice vote,
Councilmember Ebner absent.
15. PUBLIC INPUT Member of the public Clarence-Jon Heisler
discussed the deregulation of electrical power and its possible
municipalization.
Motion by Mayor Pro Tem Holbrook, seconded by Councilmember
Rosenstein, to continue Item Nos. 14-A and 14-B as 5-items to
the meeting of November 11, 1997. The motion was approved by
voice vote, Councilmember Genser opposed, Councilmember Ebner
absent.
16. CLOSED SESSIONS At 11:25 p.m., Council adjourned to
Closed Session.
16-A: Conference with Legal Council - Existing Litigation: City
of Santa Monica v. Mobil Oil Corporation, Case No. 778141.
ACTION: Heard. No action taken.
16-B: Conference with Legal Counsel - Existing litigation: Mark
Miskey v. City of Santa Monica, Case No. CV 97-4325.
ACTION: Not heard.
16-C: Conference with Legal Counsel - Existing litigation:
Santa Monica Housing Council v. City of Santa Monica, Case No.
SS 005191.
ACTION: Not heard.
16-D: Conference with Legal Counsel - Existing Litigation: Wil-
Fourth Partnership v. City of Santa Monica, Case No. BS 045458.
ACTION: Not heard.
16-E: Conference with Legal Counsel - Existing Litigation:
Charmont Partners, Ltd., v. City of Santa Monica, Case No. SS
007397.
ACTION: Not heard.
16-F: Conference with Legal Counsel - Existing Litigation: City
of Santa Monica v. Atlantic Richfield Co, et al., Case No. BC
121317.
ACTION: Not heard.
16-G: Conference with Legal Counsel - Anticipated Litigation:
Two cases.
ACTION: Councilmember Greenberg moved to approve settlement of
the disputed Transient Occupancy Tax due from the Pritikin
operating company in the amount of $300,000, with $150,000 to
be paid to the City immediately and $50,000 per year, for three
years, plus interest on the three payments of $50,000 at the
rate the City receives on its investments. Staff was directed
to take appropriate measures to ensure that those amounts are
secured.
16-H: Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director
Bargaining Units: Management Team Associates (MTA)
Executive Pay Plan (EPP)
ACTION: Approved Resolutions 9211(CSS) and 9212(CCS).
ADJOURNMENT: At 12:23 a.m., the meeting was adjourned in
memory of George Mundy, Valerie Castille, and Dianne Bambrick.
ATTEST: APPROVED:
Maria M. Stewart Pamela O'Connor
City Clerk Mayor