City Council Meeting: 05/26/98

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

MAY 26, 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 26, 1998, in the Council Chambers.

Roll Call: Present: Mayor Robert T. Holbrook

Mayor Pro Tem Pam O'Connor

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

CLOSED SESSIONS: At 6:25 p.m., Council adjourned to Closed Session to consider the following:

16-A: Conference with Legal Counsel - Existing Litigation: Schober v. City of Santa Monica, Case No. SS 005575.

ACTION: Heard. No reportable action taken.

16-B: Conference with Legal Counsel - Existing Litigation: Rosman v. City of Santa Monica, Case No. SS 007045.

ACTION: Heard. No reportable action taken.

16-C: Conference with Real Property Negotiator:

Property: 1602 Ocean Avenue, Santa Monica

(Lobster Property)

Negotiating Parties: Howard Robinson, City representative

Myron L. and Lorraine Nathan, and

John B. Kilbane & Associates, Inc.,

owners of record

Under Negotiation: Option for acquisition of real property

ACTION: Heard. No reportable action taken.

16-D: Conference with Real Property Negotiator:

Property: 2115 Pico Boulevard, Santa Monica

Negotiating Parties: Howard Robinson, City representative

James Pico Investment Company, owner of record

Under Negotiation: Option for acquisition of real estate

property

ACTION: Heard. No reportable action taken.

RECONVENE Council reconvened at 7:15 p.m., with all Councilmembers present.

PLEDGE Mayor Pro Tem O'Connor led the assemblage in the Pledge of Allegiance to the Flag of the United States of America.

INSPIRATION A moment of inspiration was provided by David Costello and Michael Gerfield, of Santa Monica High School.

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 Gerda Newbold addressed items on the Consent Calendar.

At the request of Councilmember Genser, item No. 6-D was removed from the Consent Calendar. At the request of Councilmember Feinstein, item No. 6-C was removed from the Consent Calendar. At the request of Councilmember Rosenstein, item No. 6-H was removed from the Consent Calendar.

Motion by Councilmember Greenberg, seconded by Councilmember Feinstein, to approve the Consent Calendar, with the exception of Item Nos. 6-C, 6-D, and 6-H, 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 O'Connor, and Mayor Holbrook

Noes: None

Absent: None

6-A: APPROVAL OF MINUTES: The minutes of the April 1, and April 14, 1998, regular City Council meetings and the April 21, 1998, special City Council meeting were approved.

6-B: EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994 EARTHQUAKE DAMAGE): Resolution No. 9272(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-E: APPOINTMENT TO THE TASK FORCE ON THE ENVIRONMENT: The appointment of a new member to fill a vacancy on the Task Force on the Environment was approved. Staff Report

6-F: FOOD SERVICES AGREEMENT FOR THE SENIOR NUTRITION AND RECREATION PROGRAM: An extension to Contract No. 6705(CCS) was approved with Morrison Health Care, Inc., in the amount of $127,300, for the purchase and delivery of meals for the Senior Nutrition and Recreation Program.

6-G: PURCHASE OF AUTOMATED CITIZENS INFORMATION SYSTEM: Contract No. 7231(CCS) was approved with Tele-Works, Inc., in the amount of $36,065, for the purchase of an automated citizens information system, including computer equipment, maintenance, software and support services. Staff Report

6-I: PURCHASE OF NEW BUS FARE COLLECTION SYSTEM: The competitive bidding requirement was waived and Contract No. 7235(CCS) was approved with GFI Genfare, in an amount not to exceed $2,729,875, for the purchase, delivery and installation of a fare collection system for the Transportation Department. Staff Report

6-J: INCREASE IN FINANCING FOR 708 PICO BOULEVARD HOUSING DEVELOPMENT PROJECT: An increase of $1,300,000 was approved for construction financing of the housing development project through modification of various housing trust funds as proposed in the staff report. Staff Report

6-C: LEASE AGREEMENTS FOR EIGHT ELECTRIC VEHICLES: Councilmember Feinstein asked questions regarding the purchase and made suggestions with regard to the procedure and policy. Staff Report

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to approve Contract Nos. 6965(CCS) and 6966(CCS) with Honda Finance Corporation for $39,006; Contract Nos. 6967(CCS) and 6968(CCS) were approved with Toyota Motor Sales USA for $43,480; Contract Nos. 6969(CCS) and 6970(CCS) were approved with Ford Motor Credit Corporation for $50,676; and Contract Nos. 6963(CCS) and 6964(CCS) were approved with General Motors Acceptance Corporation for $47,410, for two each three-year lease agreements; and, affirm an exemption to Resolution No. 8966(CCS) relative to doing business with Myanmar (Burma). The motion was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein, Ebner, Mayor Pro Tem O'Connor, and Mayor Holbrook

Noes: None

Absent: None

6-D: CONTRACT FOR DESIGN AND CONSTRUCTION BIDDING DOCUMENTS FOR THE TRANSIT MALL PROJECT: Councilmember Genser expressed concern with the selection of the designer and asked why this was not heard by the steering committee of the project. Staff responded to Councilmember Genser's questions.

Motion by Councilmember Rosenstein, seconded by Councilmember Ebner, to approve Contract No. 7230(CCS) with Amphion Environmental, Inc., in the amount of $626,394, for the preparation of design and bidding documents for the Transit Mall Project. The motion was approved by the following vote:

Ayes: Councilmembers Feinstein, Greenberg, Rosenstein, Ebner, Mayor Pro Tem O'Connor, and Mayor Holbrook

Noes: Councilmember Genser

Absent: None

6-H: RESOLUTION FOR REFUNDING OF GENERAL OBLIGATION BONDS AUTHORIZED IN 1990 FOR THE MAIN LIBRARY IMPROVEMENTS PROJECT: Councilmember Rosenstein asked for an explanation of this item. Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to adopt Resolution No. 9273(CCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AGREEMENT, AN ESCROW AGREEMENT, A NOTICE OF SALE, A NOTICE OF INTENTION TO SELL AND A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT TO THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 1998 (MAIN LIBRARY IMPROVEMENTS PROJECT) IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $3,500,000, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION THEREWITH AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS," and approve Contract Nos. 7232(CCS), 7233(CCS), and 7234(CCS). The motion was approved by the following vote: Staff Report

Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein, Ebner, Mayor Pro Tem O'Connor, and Mayor Holbrook

Noes: None

Absent: None

8: ORDINANCES:

8-A: PREFERENTIAL PARKING ZONES ON PEARL STREET BETWEEN EUCLID STREET AND 11TH STREET, AND ON STEWART STREET BETWEEN PICO BOULEVARD AND KANSAS AVENUE: Motion by Councilmember Feinstein, seconded by Councilmember Greenberg, to adopt Ordinance No. 1913(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTIONS 3.08.520 AND 3.08.540 TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONES NN AND PP," reading by title only and waiving further reading thereof. The motion was approved by the following vote: Staff Report

Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Genser, Feinstein, Mayor Pro Tem O'Connor, and Mayor Holbrook

Noes: None

Absent: None

8-B: DESIGNATION OF PREFERENTIAL PARKING ZONES BY RESOLUTION: Motion by Councilmember Feinstein, seconded by Councilmember Greenberg, to adopt Ordinance No. 1914(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 3.08.030 OF THE SANTA MONICA MUNICIPAL CODE TO AMEND THE PROCESS BY WHICH A PREFERENTIAL PARKING ZONE IS ESTABLISHED," 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 O'Connor, and Mayor Holbrook

Noes: None

Absent: None

8-C: INTERIM ORDINANCE FOR SECOND DWELLING UNITS IN THE R1 AND OP1 DISTRICTS: Presented for introduction and first reading was an interim ordinance allowing second dwelling units in the R1 and OP1 Zoning Districts under specified circumstances clarifying the allowance of second units in multi-family residential districts and specifying standards for second units. Staff Report

Motion by Councilmember Ebner, seconded by Mayor Holbrook, to introduce the ordinance for first reading amending the first sentence of the first paragraph of page 13, Section 6, to read: "A Use Permit may be granted for a second unit in the R-1 and OP-1 zoning districts if the unit is intended and used solely for occupancy by a dependent of the resident property owner, or a care giver of either the property owner or a dependent of the property owner."

Subsequent to discussion, Mayor Holbrook withdrew his second and the motion died for lack of a second.

Motion by Councilmember Greenberg, seconded by Councilmember Genser, to introduce for first reading an ordinance entitled: "INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ALLOWING SECOND DWELLING UNITS IN THE R-1 AND OP-1 ZONING DISTRICTS UNDER SPECIFIED CIRCUMSTANCES, CLARIFYING THE ALLOWANCE OF SECOND UNITS IN MULTI-FAMILY RESIDENTIAL DISTRICTS, AND SPECIFYING STANDARDS FOR SECOND UNITS," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Noes: Councilmembers Rosenstein, Feinstein, Mayor Pro Tem O'Connor

Absent: None

CONSOLIDATION OF ITEM NOS. 8-D AND 14-E

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to consolidate Item Nos. 8-D and 14-E. The motion was unanimously approved by voice vote.

8-D: SECOND READING AND ADOPTION OF ORDINANCE - ST. JOHN'S DEVELOPMENT PROJECT: Douglas Yates, representing St. John's Medical Center, reviewed legal requirements for St. John's as they relate to community benefits. Staff Report

14-E: CONSIDERATION OF MODIFICATIONS TO THE ST. JOHN'S DEVELOPMENT AGREEMENT PROVISIONS ON CHILD CARE AND COMMUNITY BENEFITS: Councilmember Rosenstein presented his request that Council consider modifications to the St. John's Development Agreement provisions on child care and community benefits.

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

The following members of the public spoke in support of the proposals made by Councilmember Rosenstein: Betsy Hiteshew, Jamar Schoessow, Jerry Rubin, and Eric Parlee.

Motion by Councilmember Rosenstein, seconded by Councilmember Greenberg, to modify the ordinance as approved on April 1, 1998, with the modified language as proposed by St. John's Medical Center and reintroduce the ordinance for first reading.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to amend the motion to include language that either the sixteen half-day therapeutic child daycare spaces would be continued or, in the alternate, should St. John's wish to discontinue these they could be replaced with twenty-eight full time child care spaces. The amendment failed by the following vote:

Ayes: Councilmembers Feinstein, Genser, Mayor Pro Tem O'Connor

Noes: Councilmembers Greenberg, Rosenstein, Ebner, Mayor Holbrook

Absent: None

Councilmember Rosenstein incorporated into his motion, accepted by the seconder, that the chart illustrating the language of the Development Agreement be included in the Development Agreement as Exhibit E.

The City Attorney reviewed the motion to include the following: introduction of the ordinance, modified by the memorandum dated May 20th; the memorandum provided by St. John's attorneys, dated May 26th, addressing typographical errors and noting that the language on page D-1 under the heading of "Project Site Plan," should be replaced with language that says that drawings D-1 through D-4, inclusive, follow on pages D-2 through D-5; including clarifying language to ensure the continuity of community services, as developed by legal staff and to which St. John's agreed, in Recital R, will read as follows: "St. John's has historically provided various charitable health care and related benefits to the community of Santa Monica as its core service area, and will continue providing these charitable health care and related benefits, pursuant to Section 1.7 of this Agreement. St. John's has agreed that its charitable trust obligations should be defined with reference to the City of Santa Monica as its core service area;" and modifying the fourth full sentence of Section 1.7 as it appears in the memorandum by St. John's dated May 20th to read: "Notwithstanding the foregoing sentence..." Councilmember Rosenstein concurred with the language as presented.

City Clerk Stewart reviewed the modifications as proposed by St. John's as follows: 1) The Santa Monica Community Access Program dollar amount will be increased from $618,000 to $732,000, with a change in the annual adjustment factor from 2% to 1.5%; 2) During the first five years, there is a guarantee of $114,000 annually for health services for Santa Monica public school students; 3) Modification to the terms in the unlikely event that St. John's sells its assets to a for-profit health care company to ensure the continuation of St. John's community services program in the event of such a sale, and providing financial guarantees protecting the Santa Monica Community Access Program for the life of the Development Agreement.

The motion was approved by the following vote:

Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Genser, Mayor Pro Tem O'Connor, Mayor Holbrook

Noes: Councilmember Feinstein

Absent: None

Councilmember Feinstein requested that the record reflect the reason he voted no is that while he approves of St. John's right and ability to rebuild and expand their facilities, he feels that the child care and community benefits are not sufficient to either justify the approval of overriding considerations of the negative impacts of the project as identified in the EIR or to compensate the local neighborhood and the community at large for those negative impacts.

RECESS On order of the Mayor, the City Council recessed at 9:39 p.m., and reconvened at 10:06 p.m., with all members present.

HEAR SPEAKER OUT OF ORDER On order of the Mayor, a member of the public will be heard out of order in order to accommodate transportation needs.

15: PUBLIC INPUT: Member of the public Pro Se invited Council to visit his inaccessible, handicapped-designated unit, and discussed the failure of Community Corporation to address the accessibility needs.

Return to regular order of the agenda.

9-A: AFFORDABLE HOUSING PRODUCTION PROGRAM: The recommendation to direct the City Attorney to prepare an ordinance implementing revisions to the City's Inclusionary Housing Program by enacting an affordable housing production program that requires developers of market rate multifamily housing to pay an affordable housing development fee to the City or choose from among other specified alternatives, and supplemental report, is to be considered June 9, 1998.

9-B: PROPOSED REVISIONS TO THE RESIDENTIAL DEVELOPMENT STANDARDS IN THE R2 AND R3 DISTRICTS: The recommendation to review proposed revisions to the Residential Development Standards in the R2 and R3 Districts to accommodate State Density Bonus units and direct staff to prepare a resolution of intention to amend the Zoning Ordinance in accordance with staff recommendations is to be considered June 9, 1998.

9-C: TASK FORCE ON THE ENVIRONMENT MISSION STATEMENT: Presented was the staff report recommending adoption of the mission statement for the Task Force on the Environment. Staff Report

Members of the public Joey Fullmer and Brian Hutchings expressed their concerns. Member of the public Jerry Rubin spoke in support of the proposed mission statement.

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to adopt the Task Force on the Environment Mission Statement. The motion was approved by the following vote:

Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Genser, Feinstein, Mayor Pro Tem O'Connor, Mayor Holbrook

Noes: None

Absent: None

10: PUBLIC HEARINGS:

10-A: PUBLIC HEARING FOR ASSESSMENT DISTRICT OF THE ANNUAL STREET RESURFACING PROGRAM: Presented was the public hearing for the formation of an assessment district for repairing concrete curbs, driveways, and sidewalks; for resurfacing streets; for restoring parkways; for constructing concrete gutters; and for completing appurtenant work; recommendation to direct the City Clerk to tabulate ballots and report results to City Council on July 14, 1998; and, recommendation to direct staff to present recommended actions based on the results of the assessment balloting.

On order of the Mayor, the public hearing was opened. Member of the public Joey Fullmer expressed her concerns. There being no other speakers, the Mayor closed the public hearing.

Motion by Councilmember Genser, seconded by Councilmember Greenberg, to direct the City Clerk to tabulate ballots and report results to the City Council at the meeting of July 14, 1998; and direct City staff to present recommended actions to the City Council at its meeting of July 14, 1998, based on the certified results of the assessment balloting. The motion was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein, Ebner, Mayor Pro Tem O'Connor, and Mayor Holbrook

Noes: None

Absent: None

13-A: MIRAMAR SHERATON COMMUNITY ELECTION REPORT: Presented was the request of Reverend Sandie Richards to address Council asking for a review and a response to the Miramar Sheraton Community Election report, and to take any appropriate action.

The following members of the public spoke in support of the request: Kevin McKeown, Barbara Bonifas, Kent Wong, Delmy Falla, Vivian Rothstein, Gail Escobar, and James Minuto. Member of the public Brian Hutchings expressed his concerns.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to continue the meeting past 11:00 p.m. The motion was approved by voice vote.

Councilmembers Ebner and Greenberg were excused at 11:09 p.m.

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to ask the City Attorney to investigate options for Council to pursue in the area of regulating the unfair treatment of employees and the practice of paid anti-union consultants, and return within three months with a report on the options available, if any, to achieve those goals; and ask the City Attorney to be available to meet with members of the community who are concerned with this matter and who have ideas and thoughts about this matter that they can share with City staff. The motion was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Rosenstein, Mayor Pro Tem O'Connor

Noes: Mayor Holbrook

Absent: Councilmembers Greenberg, Ebner

Mayor Holbrook requested that the record reflect that he voted "no" because he does not feel that it is appropriate for the City to be involved in labor relations between a private employer and a union.

14: COUNCILMEMBER DISCUSSION ITEMS

Motion by Councilmember Feinstein, seconded by Councilmember Rosenstein, to continue all appointments to a meeting in which there is a full Council present. The motion was unanimously approved by voice vote, Councilmembers Ebner and Greenberg absent.

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 June 9, 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 June 9, 1998.

14-C: BAYSIDE DISTRICT CORPORATION VACANCIES: The appointment to the Bayside District Corporation for three vacancies for terms ending June 30, 2000, was continued to June 9, 1998.

14-D: PLANNING COMMISSION VACANCY: The appointment to the Planning Commission for one unscheduled vacancy for a term ending June 30, 2000, was continued to June 9, 1998.

15: PUBLIC INPUT: Mayor Holbrook ruled that Brian Hutchings had already provided his input during earlier items. There were no other speakers present.

ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:24 p.m., to the Budget Hearings on Monday, June 1, 1998, at 6:00 p.m.

ATTEST: APPROVED:

Maria M. Stewart,

City Clerk

Robert T. Holbrook,

Mayor