CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JUNE 9, 1998



A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 6:20 p.m., on Tuesday, June 9, 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 6:20 p.m., Council adjourned to Closed Session to consider the following:

16-A: Conference with Legal Counsel - Anticipated Litigation

Number of cases: One.

ACTION: No reportable action taken.

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

ACTION: No reportable action taken.

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

ACTION: No reportable action taken.

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

PLEDGE City Clerk Stewart 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 John Adams Middle School Wind Quartet.

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.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to approve the Consent Calendar, 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 28, May 5, and May 12, 1998, City Council meetings were approved.

6-B: EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994 EARTHQUAKE DAMAGE): Resolution No. 9274(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: CONSTRUCTION OF SOUTH BEACH IMPROVEMENTS, INCLUDING BEACH BIKE TRAIL MODIFICATION AND PALISADES PARK IMPROVEMENTS, INCLUDING THE VETERANS' MEMORIAL: Contract No. 7267(CCS) was awarded to Valley Crest, in an amount not to exceed $7,332,745, for the construction of South Beach improvements, including the beach bike trail modification, and Palisades Park improvements (Phase II), including the Veterans' Memorial. Staff Report

6-D: ADOPTION OF YOUTH EMPLOYMENT PLAN FOR PROJECTS FUNDED UNDER THE LOS ANGELES COUNTY SAFE NEIGHBORHOOD PARKS PROPOSITIONS OF 1992 AND 1996: The Youth Employment Plan for Beach Improvement Group Project, Palisades Park (Phase II) and South Beach Improvements, Reed (formerly Lincoln) Park Improvements; Joslyn Park Improvements, and Park Facilities Maintenance Project, Phase I and II were adopted. Staff Report

6-E: CONTRACT EXTENSION FOR SUPPORT SERVICES TO THE MULTIFAMILY EARTHQUAKE REPAIR LOAN PROGRAM: An extension to Contract No. 7105(CCS) was approved thereby extending an existing contract with Willdan Associates, for an amount not to exceed $226,000, for an additional year to provide support services to the Multifamily Earthquake Repair Loan Program. Staff Report

6-F: EXTENSION OF SCOPE OF SERVICES OF CONTRACT FOR DEVELOPMENT OF MAIN LIBRARY MASTER PLAN: An extension to Contract No. 7202(CCS) was approved thereby expanding the scope of services with Hardy Holzman Pfeiffer Associates, in an amount not to exceed $18,000, to provide additional services related to development of Master Plan alternates for the Main Library. Staff Report

6-G: FACILITY UPGRADES AND MAINTENANCE IMPROVEMENTS TO VARIOUS CITY-OWNED BUILDINGS: Contract No. 7268(CCS) was awarded to Stenco Construction Inc., in an amount not to exceed $708,662, to complete Americans with Disabilities Act facility upgrades and maintenance improvements to various City-owned buildings throughout the City of Santa Monica. Staff Report

END OF CONSENT CALENDAR

8: ORDINANCES:

8-A: SECOND READING AND ADOPTION OF ORDINANCE - ST. JOHN'S DEVELOPMENT PROJECT: The ordinance was presented for second reading and adoption. Staff Report

Motion by Councilmember Rosenstein, seconded by Councilmember Greenberg, to adopt Ordinance No. 1915(CCS), entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND SISTERS OF CHARITY OF LEAVENWORTH HEALTH SERVICES CORPORATION, A KANSAS NON-PROFIT CORPORATION, AS SOLE CORPORATE MEMBER OF SAINT JOHN'S HEALTH CENTER, A CALIFORNIA NON-PROFIT CORPORATION," on second reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Noes: Councilmember Feinstein

Absent: None

Councilmember Feinstein requested that the record reflect 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.

8-B: INTRODUCTION OF ORDINANCE TO AMEND THE MUNICIPAL CODE TO INCLUDE OUTDOOR PUBLIC UTILITIES AND MAINTENANCE SERVICE YARDS AS PERMITTED USES IN THE RESIDENTIAL VISITOR COMMERCIAL ZONING DISTRICT: The ordinance amending Section 9.04.08.12.020 of Article IX was presented for introduction and first reading. Staff Report

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 public hearing was closed.

Motion by Councilmember Greenberg, seconded by Councilmember Feinstein, to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 9.04.08.12.020 OF ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO CORRECT THE OMISSION OF OUTDOOR PUBLIC UTILITIES AND MAINTENANCE SERVICE YARDS AS PERMITTED USES IN THE RESIDENTIAL-VISITOR COMMERCIAL ZONING DISTRICT," 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 O'Connor, and Mayor Holbrook

Noes: None

Absent: None

8-C: SECOND READING AND ADOPTION OF INTERIM ORDINANCE FOR SECOND DWELLING UNITS IN THE R1 AND OP1 DISTRICTS: The ordinance was presented for second reading and adoption. Staff Report

Motion by Councilmember Greenberg, seconded by Councilmember Ebner, to adopt Ordinance No. 1916(CCS) 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 Genser, Greenberg, Ebner, Mayor Holbrook

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

Absent: None

13-A: EXPANSION AND RENOVATION OF THE SANTA MONICA PUBLIC LIBRARY:

Due to the number of small children present, it was the consensus of council to hear public speakers on this matter, out of order.

The following members of the public spoke in support of the placement of a ballot measure on the upcoming November 3, 1998, election for a $25 million bond for the expansion and renovation of the Santa Monica Public Library: Marissa Bellini, Deborah Bellini, Trevor Chang, Sarah Uplinger, Laura Uplinger, Xochtle Angulo, and Jeff Bienstock.

The remainder of Item No. 13-A to be heard in order of the agenda.

9-A: AFFORDABLE HOUSING PRODUCTION PROGRAM Staff Report

Presented was the staff report recommending direction to 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.

Motion by Councilmember Greenberg, seconded by Councilmember Ebner, to direct the City Attorney to draft an ordinance implementing the Affordable Housing Production Program recommended in the HR&A report, Recommendations for Revising the City of Santa Monica's Inclusionary Housing Program, dated April 6, 1998.

Motion by Councilmember Genser, accepted as friendly, to ask staff to leave a blank or ask the Commission for input on the radius issue, and ask staff to consider the comments made this evening in its continuation of the nexus study.

Motion by Councilmember Rosenstein, accepted as friendly, to ask staff to give a response to the question about other possible incentives for building in commercial zones, including the review of development standards, and requested that, if necessary, the Housing Commission and Planning Commission hold a special joint meeting on this issue so that the ordinance is not delayed. The motion, as amended, was approved by the following vote:

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

Noes: None

Absent: None

RECESS On order of the Mayor, the City Council recessed at 9:10 p.m., and reconvened at 9:29 p.m., with all members present.

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 direction to staff to prepare a resolution of intention to amend the Zoning Ordinance in accordance with staff recommendations was continued to the meeting of June 16, 1998. Staff Report

9-C: DISPLACEMENT OF SECTION 8 TENANTS: Presented was the staff report recommending: hiring an advocate to assist staff in the City's on-going advocacy efforts for HUD relief; adopting a resolution urging the Rent Control Board to initiate a special Section 8 enforcement project; supporting SB1730; approving the creation of a relocation and security deposit program; creation of a two-year rental assistance program to assist Section 8 tenants to pay the Maximum Allowable Rent if the owner cancels the Section 8 contract; and, making appropriate budget adjustments. Staff Report

Lisa Ellman, representing Congressman Henry Waxman, conveyed the Congressman's support of the efforts being made by the City of Santa Monica and offered his assistance to work with the City as closely as possible to find a solution to the issue.

The following members of the public spoke in support of staff recommendations 2, 3, and 4: Karin Pally, Chuck Perliter, Lee Mizell, Ernie Gutman, Toni Hale, Michael Tarbot, Megan Clifford, Lou Anne White, Sally Molloy, Antoine Khammar, Victor Ludwig, Susan Parker, Rachel Flaum, Louise Jaffe, Gina Urie, Maxine Hogan, Kevin McKeown, Zina Mironov, Kay Ostberg, Abby Sheer, Bruria Finkel, Tobi Ann Resnick, Lisi Cash, Eileen Lipson, Denise Robinson, and Barry Adler.

Members of the public Rosario Perry and Herbert Balter spoke in opposition to the staff recommendation and urged Council to take action to encourage landlords to stay in low income housing.

Member of the public Kathy Weremiuk spoke in support of the staff recommendation.

Member of the public Charles Henry spoke in support of staff recommendation. Member of the public Brian Hutchings expressed his concerns. Member of the public Mat Millen spoke in support of staff recommendations 3 and 4.

Members of the public Martha O'Dell and Larry Skuce spoke in support of the staff recommendations, with the exception of recommendation 4, and incentives to landlords to participate in Section 8 housing. Member of the public Jennafer Waggoner discussed the problems of the homeless.

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 was excused at 11:00 p.m.

Member of the public Emilia Ramirez spoke in support of the staff recommendation.

Motion by Councilmember Genser, seconded by Mayor Pro Tem O'Connor, to hear a late speaker for one minute.

Member of the public Jimmy Taylor spoke in support of the staff recommendation.

There being no further speakers, the Mayor closed the public hearing.

Motion by Councilmember Rosenstein, seconded by Councilmember Genser, to support SB1730 (Burton), advocate enhanced Costa-Hawkins enforcement by the Rent Control Board, and engage an advocate to augment ongoing advocacy efforts with HUD; create a City-funded relocation and security deposit program; create a program that provides rental assistance for up to two years for in-place Section 8 tenants whose building owners have canceled their Section 8 contracts.

Motion by Councilmember Genser, accepted as friendly, to amend the motion to urge staff to work with the County to identify other Section 8 residents in Santa Monica who are not served by the Housing Authority and ascertain if the City can provide a similar service to those households; and ask staff to consider the other discussions held this evening and report back on the status of this program, and any possible modifications or improvements that can be made, in three to four months.

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

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

Noes: None

Absent: Councilmember Ebner

11: REPORTS - BOARDS AND COMMISSIONS

Councilmember Greenberg excused herself from the meeting at 11:35 p.m.

Councilmember Rosenstein excused himself from the meeting at 11:40 p.m.

11-A: COMPENSATION FOR COUNCILMEMBERS: Laurie Newman, Chair, presented the request of the Commission on the Status of Women that Council investigate the feasibility of a ballot measure on compensation for Councilmembers. Staff Report

The following members of the public spoke in support of Council investigating the feasibility of a ballot measure on compensation for Councilmembers: Victor Ludwig, Eileen Lipson, Dolores Press, Bruria Finkel, and Sandie Richards. Member of the public Brian Hutchings expressed his concerns.

On order of the Mayor, the remainder of this item was continued to the meeting of June 16, 1998, as a "5" item.

13-A: EXPANSION AND RENOVATION OF THE SANTA MONICA PUBLIC LIBRARY: The request of Sherril Kushner, representing the Committee for Santa Monica Public Library Expansion, to address Council regarding the placement of a ballot measure on the upcoming November 3, 1998, election for a $25 million bond for the expansion and renovation of the Santa Monica Public Library was continued to the meeting of June 16, 1998, as a "5" item.

13-B: DEVELOPMENT AND FINANCING OF AFFORDABLE HOUSING: Presented was the request of Lou Moench to address Council regarding the placement of a ballot measure on the November 1998 election authorizing the development and financing of affordable housing under Article 34.

The following members of the public spoke in support of Mr. Moench's request: Karin Pally, Doris Ganga, and Paul DeSantis. Member of the public Mat Millen spoke in support of placing Article 34 on the ballot; however, not the text proposed.

On order of the Mayor, the remainder of this item was continued to the meeting of June 16, 1998, as a 5-item.

14: 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 June 16, 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 16, 1998.

14-C: BAYSIDE DISTRICT CORPORATION VACANCIES: The appointment to three vacancies for terms ending June 30, 2000, was continued to June 16, 1998.

14-D: PLANNING COMMISSION VACANCY: The appointment to one unscheduled vacancy for a term ending June 30, 2000, was continued to June 16, 1998.

14-E: ANNUAL APPOINTMENTS TO THE FOLLOWING BOARD AND COMMISSION VACANCIES FOR TERMS EXPIRING JUNE 30, 1998, WERE CONTINUED TO THE MEETING OF JUNE 16, 1998:

Airport Commission (1) - term ending June 30, 2002

Architectural Review Board (2) - terms ending June 30, 2002

Arts Commission (2) - terms ending June 30, 2002

Bayside District Corporation (4) - terms ending June 30, 2001

Building & Safety (1) - term ending June 30, 2001

Commission on Older Americans (3) - terms ending June 30, 2002

Commission on the Status of Women (2) - terms ending June 30, 2002

Convention and Visitors Bureau (3) - terms ending June 30, 2001

Housing Commission (2) - terms ending June 30, 2002

Landmarks Commission (3) - terms ending June 30, 2002

Library Board (2) - terms ending June 30, 2002

Personnel Board (1) - term ending June 30, 2003

Planning Commission (1) - term ending June 30, 2002

Recreation & Parks Commission (2) - terms ending June 30, 2002

Social Services Commission (2) - terms ending June 30, 2002

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

ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:05 a.m.

ATTEST: APPROVED:



Maria M. Stewart,

City Clerk

Robert T. Holbrook,

Mayor