City Council Meeting: 05/12/98

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

MAY 12, 1998

A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 6:25 p.m., on Tuesday, May 12, 1998, in the Council Chambers.

Roll Call: Present: Mayor Robert T. Holbrook

Councilmember Ruth Ebner

Councilmember Michael Feinstein

Councilmember Ken Genser

Councilmember Asha Greenberg

Councilmember Paul Rosenstein

Absent: Mayor Pro Tem Pam O'Connor

Also Present: Assistant City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

CLOSED SESSIONS: At 6:20 p.m., Council adjourned to Closed Session to consider the following:

16-A: Conference with Legal Counsel - Existing Litigation: Charmont Partners, Ltd. v. City of Santa Monica, Case No. SS 007397.

ACTION: No reportable action taken.

16-B: Conference with Legal Counsel - Existing Litigation: Wil-Fourth Partnership v. City of Santa Monica, Case No. BS 045458.

ACTION: No reportable action taken.

16-C: Conference with Legal Counsel - Existing Litigation: Ring Trading Corporation, et al. v. City of Santa Monica, Los Angeles Superior Court Case No. BC 172044.

ACTION: No reportable action taken.

RECONVENE Council reconvened at 7:10 p.m., with all Councilmembers present except Mayor Pro Tem O'Connor.

PLEDGE Councilmember Feinstein led the assemblage in the Pledge of Allegiance to the Flag of the United States of America.

SPECIAL ITEMS:

4-A: PRESERVATION WEEK: Mayor Holbrook presented a proclamation declaring the week of May 10, 1998, as "Preservation Week" in the City of Santa Monica.

CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion.

Members of the public Joey Fullmer and Brian Hutchings addressed items on the Consent Calendar.

Councilmember Genser requested that Item No. 6-G be removed from the Consent Calendar.

Motion by Councilmember Feinstein, seconded by Councilmember Greenberg, to approve the Consent Calendar, with the exception of Items No. 6-G and 6-H which was withdrawn by staff, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein, Ebner, and Mayor Holbrook

Noes: None

Absent: Mayor Pro Tem O'Connor

6-A: APPROVAL OF MINUTES: The minutes of the March 17, and March 24, 1998, City Council meetings were approved.

6-B: EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994 EARTHQUAKE DAMAGE): Resolution No. 9265(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted. Staff Report

6-C: AWARD OF BID FOR UNIFORM RENTALS AND CLEANING SERVICES: Bid No. 2669 was awarded to UniFirst Corporation, at specified unit prices, for uniform rental and cleaning services. Staff Report

6-D: GRANT FUNDS FOR INFORMATION NAVIGATORS PROJECT: Staff was authorized to proceed with application to the California State Library for Library Services and Technology Act for the "Information Navigators" project. If funding is granted, authorization will be given to the City Manager to negotiate and execute all necessary documents and approve an appropriation of $19,980 for the student information navigators. Staff Report

6-E: RESOLUTION TO OPPOSE PROPOSITION 224: RESTRICTION OVER CAPITAL IMPROVEMENT PROJECTS: Resolution No. 9266(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA OPPOSING PROPOSITION 224, A STATEWIDE INITIATIVE ON THE JUNE 1998 STATEWIDE BALLOT," sponsored by the Professional Engineers in California Government, which would force local government to use State bureaucracy to design public works projects, was adopted. Staff Report

6-F: GRANT FUNDS FOR USED OIL RECYCLING: The grant funds were accepted and expenditure authority was established for $70,678 from the California Integrated Waste Management Board for a used oil recycling program at the Santa Monica Airport, and proposed budget changes were approved. Staff Report

6-H: INCREASE IN FINANCING FOR 708 PICO BOULEVARD HOUSING DEVELOPMENT PROJECT: This staff report was withdrawn at the request of staff. Staff Report

6-I: KPMG PEAT MARWICK AUDIT SERVICES: Contract No. 6998(CCS) was approved with KPMG Peat Marwick, in an amount not to exceed $96,200 per year, for audit services for fiscal years ending June 30, 1998 through June 30, 2002. Staff Report

6-J: PURCHASE OF FOLDING CHAIRS FOR USE AT VARIOUS EVENTS: The competitive bidding requirement was waived and the City Manager was authorized to negotiate and execute a sole source purchase order with Clarin, in the amount of $75,850.78, to purchase folding chairs for the Event Facilities Division of the Community and Cultural Services Department. Staff Report

6-K: CONSTRUCTION OF PEDESTRIAN BRIDGE OVER PUBLIC RIGHT-OF-WAY IN THE 1400 BLOCK OF 12TH COURT ALLEY: Contract No. 6999(CCS) was approved to allow the construction of a pedestrian bridge over the public right-of-way in the 1400 block of 12th Court Alley. Staff Report

6-L: MILLS ACT HISTORICAL PROPERTY CONTRACT FOR 2523 THIRD STREET: Resolution No. 9267(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT CODE SECTION 50280 WITH THE OWNER OF PROPERTY LOCATED AT 2523 THIRD STREET," was adopted, thereby approving Contract No. 7222(CCS). Staff Report

6-M: RESOLUTION APPROVING FINAL SUBDIVISION MAP FOR A CONDOMINIUM PROJECT AT 1018-24 FOURTH STREET AND SUBDIVISION IMPROVEMENT AGREEMENT: Resolution No. 9268(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50906 TO SUBDIVIDE A PROPERTY AT 1018-24 FOURTH STREET," was adopted, and Subdivision Improvement Contract No. 7223(CCS) was approved. Staff Report

6-N: CONTRACT AMENDMENT FOR CONSTRUCTION MANAGEMENT AND REVIEW SERVICES FOR MOSS AVENUE SEWER PUMPING STATION: The amendment to Contract No. 6825(CCS) with Black and Veatch, LLP, in the amount of $129,755, for construction management, inspection, and review services for the Moss Avenue Sanitary Sewer Pumping Station Structural Shell construction was approved. Staff Report

6-O: RESOLUTION DESIGNATING AUTHORIZED REPRESENTATIVES DEALING WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): Resolution No. 9269(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DESIGNATING THE CITY'S AUTHORIZED REPRESENTATIVES DEALING WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY," was adopted.

6-G: CONTRACT AMENDMENT FOR CONTINUING ADMINISTRATION OF LOW INCOME RESIDENTIAL REPAIR PROGRAM: Presented was the staff report recommending authorization for the City Manager to execute a modification to Agreement No. 6581 with Willdan Associates, by up to $400,000 and extend the term through June 30, 1999, to continue administration of the Low Income Residential Repair Program. Staff Report

Councilmember Genser expressed his concerns with committing for another full year at this time and suggested committing to a certain period of time in order to further evaluate the program to determine how it might fit in with the broader picture of the City's housing assistance programs.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to extend the contract with Willdan Associates to December 31, 1998, and increase the contract amount by $250,000. The motion failed by the following vote:

Ayes: Councilmembers Feinstein, Genser, Rosenstein

Noes: Councilmembers Greenberg, Ebner, Mayor Holbrook

Absent: Mayor Pro Tem O'Connor

Motion by Councilmember Feinstein, seconded by Councilmember Greenberg, to execute a modification to Agreement No. 6581 with Willdan Associates, by up to $400,000 and extend the term through June 30, 1999, to continue administration of the Low Income Residential Repair Program. The motion was approved by the following vote:

Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Feinstein, and Mayor Holbrook

Noes: Councilmember Genser

Absent: Mayor Pro Tem O'Connor

Councilmember Genser requested that the record reflect that he does not oppose this program, he merely feels that it would be prudent to have some understanding on the status of the program before committing to another year and spending $400,000 of public funds.

END OF CONSENT CALENDAR

ORDINANCES:

8-A: CLARIFICATION OF DEFINITION OF A LEGAL NONCONFORMING USE ORDINANCE: Presented for introduction and first reading was an ordinance of the City of Santa Monica to amend Sections 9.04.18.030 and 9.04.18.040 of Article IX of the Municipal Code to clarify the definition of a legal nonconforming use and to allow automobile dealerships, major office buildings and medical uses and neighborhood-serving commercial uses to continue to utilize buildings and property which are located on residentially-zoned parcels. Staff Report

On order of the Mayor, the public hearing was opened. Member of the public Joey Fullmer expressed her concerns.

The following members of the public spoke in support of the staff recommendation: Daniel Ehrler, Richard Mohme, Bob Karlin, Mark Harding, Walter Parr, Alan Parr, Paul Silvern, Robert Ferguson, Francie Rehwald, and Chris Harding.

Motion by Councilmember Rosenstein, seconded by Councilmember Genser, to hear a late speaker. The motion was unanimously approved by voice vote. Member of the public Brian Hutchings expressed his concerns. There being no other speakers, the Mayor closed the public hearing.

Motion by Councilmember Ebner, seconded by Councilmember Greenberg, to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 9.04.18.030 TO CLARIFY THE DEFINITION OF A LEGAL NONCONFORMING USE AND SECTION 9.04.18.040 OF ARTICLE IX OF THE MUNICIPAL CODE TO ALLOW FOR THE CONTINUED USE OF NEIGHBORHOOD SERVING COMMERCIAL, GENERAL OFFICE AND MEDICAL BUILDINGS AND USES LOCATED ON RESIDENTIALLY ZONED PARCELS AS OF 1982 AND AUTOMOBILE DEALERSHIP BUILDINGS AND USES WHICH ARE LOCATED ON RESIDENTIALLY ZONED PARCELS," reading by title only and waiving further reading thereof, amended to include clarifying language to reflect current practices with respect to uses which do not currently have a Conditional Use Permit as follows: Page 6, introductory language, to read as follows: "A legal nonconforming use is a use which lawfully existed on the effective date of the Chapter, but which is either: a) not now permitted in the district in which it is located, or b) now permitted by a Performance Standard Permit, Use Permit, or Conditional Use Permit, but no such permits have been obtained. The motion was approved by the following vote:

Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Feinstein, and Mayor Holbrook

Noes: Councilmember Genser

Absent: Mayor Pro Tem O'Connor

Councilmember Genser requested that the record reflect that he voted against this ordinance not because he does not believe that accommodations should be made for the auto dealers, but because he thinks that this ordinance, as adopted by the Council, is not in conformance with what should be the City's standards in consulting with the affected residents and Council has now allowed uses, which are potentially disharmonious with the existing residential neighborhoods, to continue in perpetuity without a parallel effort to make the users better neighbors.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to ask staff to initiate an effort to develop new standards for the dealerships which are on existing residential parcels, and include neighbors in the dialogue, and ask staff to report to Council every six months with regard to the status of the project. The motion was approved by voice vote, Councilmember Ebner and Mayor Holbrook opposed, Mayor Pro Tem O'Connor absent. Councilmember Rosenstein requested that his vote be changed from "aye" to "no" resulting in a failure of the motion to pass.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to request staff to return with a description of their efforts and policies regarding the enforcement of the Zoning Code with respect to automobile dealers and automobile repair facilities. The motion was unanimously approved by voice vote, Mayor Pro Tem O'Connor absent.

RECESS On order of the Mayor, the City Council recessed at 9:40 p.m., and reconvened at 9:52 p.m., with all members present, except Mayor Pro Tem O'Connor.

8-B: REGULATION AND GRADING OF PUBLIC EATING PLACES (RESTAURANTS) ORDINANCE: Presented was an ordinance for introduction and first reading adding Chapter 5.05 to the Santa Monica Municipal Code regulating public eating places. Staff Report

On order of the Mayor, the public hearing was opened.

The following members of the public spoke in opposition to the proposed ordinance: Daniel Ehrler, Kristine Keller, and David Mokhdarian.

Motion by Councilmember Ebner, seconded by Councilmember Greenberg, to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 5.05 TO THE SANTA MONICA MUNICIPAL CODE REGULATING PUBLIC EATING PLACES," reading by title only and waiving further reading thereof, amended so that the second full sentence at the top of page 4 reads: "An Inspection Score Card shall remain valid until the Health Officer completes the next inspection, deleting the word "routine," and Section B(1) on page 9 reads: "Within one (1) year of the effective date of this Ordinance, each Food Service Operation as defined in Section 5.05.090A5 shall employ at least one Certified Food Handler."

Motion by Councilmember Rosenstein, seconded by Councilmember Greenberg, to amend the motion that the ordinance take effect no earlier than July 1, 1998. Motion was accepted as friendly.

Motion by Councilmember Feinstein, seconded by Councilmember Ebner, to continue the meeting past 11:00 p.m. The motion was unanimously approved by voice vote, Mayor Pro Tem O'Connor absent.

The motion, as amended, was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein, Ebner, Mayor Holbrook

Noes: None

Absent: Mayor Pro Tem O'Connor

STAFF ADMINISTRATIVE ITEMS:

9-A: NEIGHBORHOOD ENHANCEMENT PILOT PROGRAM: Presented was the staff report recommending approval of a Neighborhood Enhancement Pilot Program in the area bounded by 14th Street on the west, Stewart Street on the east, Olympic Boulevard on the north, and Pico Boulevard on the south. Staff Report

Councilmember Greenberg was excused at 11:16 p.m.

Councilmember Genser was excused at 11:18 p.m.

Motion by Councilmember Ebner, seconded by Councilmember Feinstein, to approve a Neighborhood Enhancement Pilot Program, adopt the recommended pilot neighborhood and authorize staff to move forward with the approach and actions set forth in the staff report. The motion was approved by the following vote:

Ayes: Councilmembers Ebner, Rosenstein, Feinstein, Mayor Holbrook

Noes: None

Absent: Councilmembers Greenberg, Genser, Mayor Pro Tem O'Connor

COUNCILMEMBER DISCUSSION ITEMS:

14-A: LOS ANGELES COUNTY WEST VECTOR CONTROL VACANCY: The appointment to the Los Angeles County West Vector Control for one vacancy for a term ending December 31, 1999, was continued to May 19, 1998.

14-B: COMMISSION ON OLDER AMERICANS VACANCY: The appointment to the Commission on Older Americans for one unscheduled vacancy for a term ending June 30, 2000, was continued to May 19, 1998.

14-C: BAYSIDE DISTRICT CORPORATION VACANCIES: The appointments to three vacancies on the Bayside District Corporation for terms ending June 30, 2000, were continued to May 19, 1998.

14-D: RESIGNATION FROM BAYSIDE DISTRICT CORPORATION: The recommendation to accept the letter of resignation from Joel McLafferty and direction to the City Clerk to publish the vacancy was continued to May 19, 1998.

14-E: FUNDING FOR FIREWORKS DISPLAYS TO THE "CELEBRATE AMERICA" CONCERT PROGRAM: The request of Mayor Holbrook to discuss an increase in funding of $5,000 for fireworks displays to the "Celebrate America" Concert Program to be held on Friday, July 3, 1998, at Santa Monica City College was continued to May 19, 1998.

Councilmembers Ebner and Rosenstein were excused at 11:30 p.m.

With the absence of five Councilmembers, Mayor Holbrook requested that the record reflect that a committee of two Councilmembers were present to hear Public Input.

15: PUBLIC INPUT: Members of the public David Busch and Jennafer Waggoner discussed homeless issues. Member of the public Brian Hutchings discussed various issues.

ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:40 p.m., to May 19, 1998, at 6:15 p.m.

ATTEST: APPROVED:

Maria M. Stewart

City Clerk

Robert T. Holbrook

Mayor