COMPLETED AGENDA

CITY OF SANTA MONICA

REGULAR CITY COUNCIL MEETING AGENDA

COUNCIL CHAMBERS, 1685 MAIN STREET

TUESDAY, NOVEMBER 10, 1998

CLOSED SESSION FROM 6:15 TO 7:00 P.M.

OPEN SESSION BEGINS AT 7:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

INSPIRATION

ROLL CALL

4. SPECIAL AGENDA ITEMS:

4-A: Appointment to unscheduled vacant City Council seat by Council appointment or adoption of an emergency ordinance setting election date and necessary resolutions calling a special election for the purpose of filling the vacant seat.

ACTION: No appointment made. Calling of election continued to November 24, 1998.

6. CONSENT CALENDAR: (Public discussion permitted. All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)

6-A: Approval of minutes of September 22, 1998, City Council meetings.

ACTION: Approved.

6-B: Earthquake Recovery Resolution declaring the continuing existence of a local emergency (January 1994 Earthquake Damage).

ACTION: Adopted Resolution No. 9333 (CCS).

6-C: Purchase of thirteen CNG three-wheeled vehicles - recommendation to approve purchase from Municipal Maintenance Equipment, Inc, in the amount of $350,100.27, to purchase CNG powered three-wheeled vehicles for the Police Department and Community and Cultural Services Department.

ACTION: Approved.

6-D: Contract to develop strategies to improve parking utilization and circulation in the coastal area - recommendation to authorize the City Manager to negotiate and execute a contract with Kaku Associates, Inc., in the amount of $109,400, including contingencies, to develop measures to improve parking supply, utilization, and vehicular circulation throughout the coastal area.

ACTION: Approved Contract No. 7413 (CCS).

6-E: Contracts for construction for Earthquake Repairs and Interim Improvements to the Main Library and Facilities Maintenance at various City facilities - recommendation to authorize the City Manager to negotiate and execute a contract with ARK Construction Company, Inc., in the amount of $889,000, to complete the Earthquake Repairs and Interim Improvements to the Main Library and Facilities Maintenance at various City facilities; and negotiate and execute a contract with CMTS, in the amount of $230,000, for construction management services.

ACTION: Withdrawn at the request of staff.

6-F: Contract for providing services of collection, handling, transport, processing and marketing of recycled mixed paper materials - recommendation to authorize the City Manager to negotiate and execute a three year contract with American Waste Industries, for an amount not to exceed $378,000, to provide services of collection, handling, transport, processing and marketing of recycled mixed paper materials at designated locations within the City of Santa Monica and approve revenue budget increase as recommended in the report.

ACTION: Approved Contract No. 7414 (CCS).

6-G: Receipt of grant funds for beverage container recycling services - recommendation to authorize the City Manager to accept $23,906, in grant funds from the California Department of Conservation for beverage container recycling services at restaurant facilities located on the Third Street Promenade.

ACTION: Approved.

6-H: Resolution approving a revised fee for shoring permits encroaching the Right-of-Way - recommendation to adopt resolution setting a revised fee for shoring permits (soil nails, solider beams and tie backs) which encroach into the public right-of-way, and recommendation to continue policy to waive fee for 100% deed-restricted affordable housing construction.

ACTION: Adopted Resolution No. 9334 (CCS).

6-I: Resolution changing the regular meeting place of the Santa Monica City Council from Council Chambers at City Hall to the Main Library Auditorium effective December 15, 1998.

ACTION: Adopted Resolution No. 9335 (CCS).

6-J: Reimbursement to Bayside District Corporation for Holiday Decorations - recommendation to authorize an expenditure not to exceed $91,550 to reimburse Bayside District Corporation for purchase and installation of new holiday decor and Third Street Promenade art banners.

ACTION: Approved.

6-K: Amendments to Bayside District Corporation's articles of incorporation and bylaws changing the corporation's name to "Santa Monica Downtown District", and amendments to service agreement - recommendation to authorize the City Manager 1) to approve amendments to the Bayside District corporation's articles of incorporation and bylaws changing the name of the corporation to "Santa Monica Downtown District"; and 2) to negotiate and execute amendments to the Bayside District Corporation service agreement changing the name of the corporation and amending certain language in section XV regarding insurance requirements and indemnification.

ACTION: Approved name change and amendment to agreement No. 6979 (CCS)

7. ADMINISTRATIVE PROCEEDINGS:

7-A: Reconsideration of Planning Commission approval of addition of convenience store to existing gas station at 1410 Pico Boulevard (Texaco) - recommendation to reconsider Appeal 97-001 of Planning Commission Approval of Conditional Use Permit 96-012 to allow the addition of a convenience store to an existing self-service gas station located at 1410 Pico Boulevard, overturn the determination of the Planning Commission, uphold the appeal and approve CUP 96-023 based on modified finding and conditions of approval. (Continued from August 18, 1998.)

Applicant/Appellant: Texaco Refining and Marketing, Inc.

ACTION: Planning Commission decision upheld, appeal denied.

8. ORDINANCES: (Public discussion permitted on emergency ordinances and ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption.)

8-A: Second reading and adoption of an ordinance to allow reduction of residential square footage in various districts to calculate the Development Review permit threshold, and to modify the zoning ordinance to require deed restriction for projects reducing square footage, and require projects taking advantage of this reduction be deed restricted to maintain the residential use of the project. (Introduced October 27, 1998.)

ACTION: Adopted Ordinance No. 1927 (CCS).

8-B: Introduction and first reading of an ordinance of the City of Santa Monica deleting various sections of the municipal code relating to the designation of preferential parking zones; and, adoption of resolution re-establishing various preferential parking zones.

ACTION: Introduced and held first reading of ordinance, and adopted Resolution # 9344 (CCS).

12. RESOLUTIONS: (Public discussion permitted.)

12-A: Resolution declaring City-owned property "no longer needed" (1833 18th Street) and recommendation to proceed with sale of property - recommendation to adopt resolution declaring the City-owned property at 1833 18th Street "no longer needed for purpose acquired nor for any other public purpose;" authorize staff to proceed with the sale of the property in compliance with SMMC 2.24.110 and applicable state and federal regulations; and, authorize staff to negotiate and execute all necessary documents to complete the sale.

ACTION: Adopted Resolution No. 9336 (CCS).

13. WRITTEN COMMUNICATIONS: (Public discussion permitted.)

13-A: Request of Pro Se the Advocate to address Council regarding accessibility to speak before Council and use of City and Housing Authority funds.

ACTION: Information received and filed.

13-B: Request of Melisa Korry to address Council regarding fines and citations issued by the Police Department relative to noise ordinance violations.

ACTION: Ms. Korry not present. Information received and filed.

13-C: Request of Christopher Harding, Lawrence & Harding, to address Council regarding a Landmarks Commission decision relative to 2712 Second Street in Santa Monica.

ACTION: Withdrawn at the request of Mr. Harding.

14. COUNCILMEMBER DISCUSSION ITEMS: (Public discussion permitted.)

14-A: Appointment to one unscheduled vacancy on the Architectural Review Board for a term ending June 30, 2001. (Continued from October 13, 1998).

ACTION: Continued to January 1999.

15. PUBLIC INPUT: (Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. Please note that State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)

ACTION: Received and filed.

16. CLOSED SESSIONS:

16-A: Conference with Legal Counsel - Existing Litigation: Jalal Chianian v. City of Santa Monica, et al., Superior Court Case No. SC 046 191.

ACTION: Settlement of $91,902.14 approved.

16-B: Conference with Legal Counsel - Existing Litigation: Albert Steichen, et al. v. City of Santa Monica, et al., Superior Court Case No. SC 041 545.

ACTION: No reportable action taken.

16-C: Conference with Legal Counsel - Existing Litigation: Karim Kamal, et al. v. City of Santa Monica, et al., USDC Case No. CV 95-1025.

ACTION: No reportable action taken.

16-D: Conference with Legal Counsel - Existing Litigation: City of Los Angeles v. County Sanitation District Nos. 4, 5, 9, 16, and 27 of Los Angeles County and Related Actions, Case No. BC 034 185.

ACTION: No reportable action taken.

16-E: Conference with Labor Negotiator:

City Negotiator: Karen Bancroft, Personnel Director.

Bargaining Units: Public Attorneys' Legal Support Staff Union (PALSSU)

ACTION: Not heard.

16-F: Conference with Legal Counsel - Existing Litigation: Ring Trading Corporation v. City of Santa Monica, Case No. BC 172 044,consolidated with Mountain View Mobile Inn Residents Association, Inc., v. City of Santa Monica, et al., Case No. SC 052 672.

ACTION: No reportable action taken.

16-G: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Henry Walther, et al., Case No. SC 043 522.

ACTION: No reportable action taken.

16-H: Conference with Legal Counsel - Existing Litigation: Brett Carr V. City of Santa Monica, U.S. District Court No. 97-8765 HLH (Ex)

ACTION: No reportable action taken.

ADJOURNMENT to November 24, 1998 at 6:15 p.m.