CITY OF SANTA MONICACITY COUNCIL MINUTES

JULY 21, 1998

A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 6:29 p.m., on Tuesday, July 21, 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 6:29 p.m., Council adjourned to Closed Session to consider the following:

16-A: Conference with Legal Counsel - Existing Litigation: Kamal v. City of Santa Monica, Case No. CV 95-1025 ABC.

ACTION: No reportable action taken.

16-B: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council, et al., v. City of Santa Monica, Case No. SS005191.

ACTION: No reportable action taken.

16-C: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. BC184061.

ACTION: No reportable action taken.

16-D: Conference with Legal Counsel - Existing Litigation: Ring Trading Corporation v. City of Santa Monica, LASC Case No. BC 172044.

ACTION: Approved settlement of $33,000, in exchange for Ring Trading Corporation to convey Trailer 37 to City, City to obtain full release from occupant of Trailer 37, and occupant to receive another trailer.

Mayor Holbrook requested that the record reflect that he recused himself from deliberations on the above item in order to avoid the appearance of a conflict of interest due to the fact that he is friends with the property owner.

Councilmember Ebner requested that the record reflect that she recused herself from deliberations on the above matter from the beginning, when she found out that one of the councilmembers had discussions with the owner without authorization which she believes tainted the process from that point forward.

16-E: Request for Closed Session - Public Employee Evaluation

Employee Title: City Clerk

ACTION: No reportable action taken

16-F: Conference with Real Property Negotiator:

Property: 2101 and 2115 Pico Boulevard, Santa Monica, CA

Negotiating Parties: Howard Robinson, City representative

Plastic Mart, Inc., James Pico Investment Company, Ralph Nahigian and James Nahigian, owners

Under negotiation: Option for acquisition of real property

ACTION: No reportable action taken.

RECONVENE Council reconvened at 7:09 p.m., with all Councilmembers present.

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

CONTINUED ITEMS:

5-A: ANNUAL APPOINTMENTS TO THE LIBRARY BOARD AND PERSONNEL BOARD: Mayor Holbrook opened the floor to nominations to the Library Board.

Councilmember Greenberg nominated Robert J. Baker. There being no other nominations, nominations were closed. On a call for the vote, Robert J. Baker was unanimously appointed to the Library Board for a term ending June 30, 2002.

Mayor Holbrook opened the floor to nominations to the Personnel Board.

Councilmember Genser nominated Rosalio Casillas for reappointment. There being no other nominations, nominations were closed. On a call for the vote, Rosalio Casillas was unanimously reappointed to the Personnel Board for a term ending June 30, 2003.

5-B: APPOINTMENT TO UNSCHEDULED VACANCY ON THE CONVENTION & VISITORS BUREAU: Member of the public Joey Fullmer expressed her concerns.

Mayor Holbrook opened the floor to nominations to the Convention & Visitors Bureau.

Councilmember Rosenstein nominated Nat Trives. Councilmember Genser nominated Sandy Richards. Because Ms. Richards had not applied for this position, Councilmember Genser withdrew his nomination. There being no other nominations, nominations were closed. On a call for the vote, Nat Trives was unanimously appointed to the Convention & Visitors Bureau for a term ending June 30, 2000.

5-C: APPOINTMENT TO UNSCHEDULED VACANCY ON THE RECREATION AND PARKS COMMISSION: Motion by Councilmember Feinstein, seconded by Councilmember Genser, to continue the appointment to September 8, 1998.

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

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to approve the Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was unanimously approved by voice vote.

6-A: APPROVAL OF MINUTES: The minutes of the May 26, 1998, City Council meeting were approved.

ORDINANCES:

8-A: ADOPTION OF AFFORDABLE HOUSING PRODUCTION PROGRAM ORDINANCE: The ordinance was presented for second reading and adoption. Staff Report

Motion by Councilmember Genser to amend the definition of "vacant parcel" and introduce the ordinance for first reading, again, by title only.

On order of the Mayor, this item was tabled until after consideration of Item No. 9-A in order to prepare appropriate language for consideration.

STAFF ADMINISTRATIVE ITEMS:

9-A: APPROVAL OF FINAL DESIGN FOR DRY WEATHER RUNOFF RECLAMATION FACILITY: Presented was the staff report recommending approval of the final design for the Dry Weather Runoff Reclamation Facility.

Motion by Councilmember Genser, seconded by Mayor Pro Tem O'Connor, to continue this project for redesign.

Substitute motion by Councilmember Rosenstein, seconded by Councilmember Ebner, to approve the final design for the Dry Weather Runoff Reclamation Facility.

Motion by Councilmember Feinstein, accepted as friendly, to amend the substitute motion to ask the Police Department to review methods of improving safety in the area. The substitute motion, as amended, was approved by the following vote:

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

Noes: Councilmember Genser, Mayor Pro Tem O'Connor

Absent: None

Mayor Pro Tem O'Connor requested that the record reflect that while she voted "no" on this item, she totally supports the intent of this facility; however, she believes that the process was flawed in terms of the design review, which she would like to see improved.

Councilmember Genser requested that the record reflect that he supports the purpose of the building; however, he does not believe that the design is up to what should be the standard of the City.

8-A: ADOPTION OF AFFORDABLE HOUSING PRODUCTION PROGRAM ORDINANCE (Resumed): Staff Report

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to modify the definition of "Vacant Parcel" to read as follows: "Vacant Parcel. A parcel in a multifamily residential district which either has no residential structure located on it on the effective date of this ordinance, or which had a residential structure located on it which was subsequently demolished pursuant to a demolition order of the City;" amend the second sentence of Section 9.56.070(b) to read as follows: "The amount of the affordable housing fee that the multifamily project applicant must pay shall be based on the affordable housing base fee resolution in effect at the time that the application for the multifamily project is deemed complete, or based on the first resolution adopted pursuant to this subsection (b), whichever resolution is adopted later in time;" and introduce the ordinance for first reading again, reading by title only, waiving further reading thereof. The motion was approved by the following vote (the motion was subsequently reconsidered - see page 8 of these minutes):

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

Noes: Councilmembers Greenberg, Ebner, Mayor Holbrook

Absent: None

Councilmember Greenberg requested that the record reflect that she voted "no" on this item because she felt the one change was unnecessary and the ordinance should have been adopted on second reading.

Councilmember Ebner requested that the record reflect that she voted "no" on this item because she felt that the ordinance should have been adopted on second reading.

9-B: CALLING OF THE NOVEMBER 8, 1998, GENERAL AND SPECIAL MUNICIPAL ELECTIONS: Presented was the staff report recommending adoption of a resolution calling and giving notice of the holding of a general municipal election to be held on Tuesday, November 3, 1998; adoption of resolutions authorizing the City Clerk to obtain specified services to the City relating to the conduct of the general and special municipal elections; adoption of a resolution requesting the Los Angeles County Board of Supervisors to consolidate a general municipal election of the City of Santa Monica to be held on November 3, 1998, with the Statewide General Election; and adoption of resolutions requesting the L.A. County Board of Supervisors to render specified services to the City of Santa Monica relating to the conduct of the general and special municipal elections. Staff Report

On order of the Mayor, the public hearing was opened. Members of the public Joey Fullmer and Brian Hutchings expressed their concerns. There being no other speakers, the Mayor closed the public hearing.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to adopt Resolution No. 9286(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1998;" and

Resolution No. 9287(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY OF SANTA MONICA TO BE HELD ON NOVEMBER 3, 1998, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO ELECTIONS CODE SECTION 10403;" and

Resolution No. 9288(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY OF SANTA MONICA RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1998;" and

Resolution No. 9289(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY CLERK TO OBTAIN SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 1998;" and

Resolution No. 9290(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY CLERK TO OBTAIN SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 1998;" and

Resolution No. 9291(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY OF SANTA MONICA RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1998," 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, Mayor Holbrook

Noes: None

Absent: None

9-C: RESOLUTION OF NECESSITY FOR GENERAL OBLIGATION BOND MEASURE TO ASSIST IN FUNDING OF THE RENOVATION AND EXPANSION OF THE SANTA MONICA PUBLIC LIBRARY FACILITIES: Presented was the staff report recommending adoption of a resolution of necessity for a General Obligation Bond Measure, to be placed on the November 3, 1998 ballot, to assist in the funding of the renovation and expansion of the Santa Monica Public Library facilities. 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 Mayor closed the public hearing.

Motion by Councilmember Feinstein, seconded by Councilmember Rosenstein, to adopt Resolution No. 9292(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE CONSTRUCTION, IMPROVEMENT AND REMODELING OF THE SANTA MONICA MAIN LIBRARY BUILDING, BRANCH LIBRARIES AND RELATED FACILITIES AND THE FINANCING OF SUCH COSTS THROUGH THE ISSUANCE OF GENERAL OBLIGATION BONDS," 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, Mayor Holbrook

Noes: None

Absent: None

9-D: COUNCIL SALARY AND BENEFITS: Presented was the staff report conveying information on Council salary and benefits and recommending adoption of a Resolution concerning a proposed amendment to Charter Section 602 of the Santa Monica City Charter. Staff Report

On order of the Mayor, the public hearing was opened. Member of the public Laurie Newman spoke in support of salary and benefits for councilmembers. Member of the public Joey Fullmer expressed her concerns.

Member of the public Dan Ehrler advised that this issue is on the agenda of the Executive Board of the Chamber of Commerce, which is meeting next Tuesday, and it is anticipated that a position will be taken at that time. There being no further speakers, the Mayor closed the public hearing.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to continue this item to consider comments made during the presentation to the meeting of July 28, 1998, as a 5-item. The motion was unanimously approved by voice vote.

RECESS On order of the Mayor, the City Council recessed at 9:10 p.m., and reconvened at 9:32 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 requested that Council allow him to show the full five minute video he prepared for the next Council meeting relating to his inaccessible and uninhabitable, handicapped-designated unit. Information was received and filed.

Return to regular order of the agenda.

REQUEST FOR MOTION TO RECONSIDER Motion by Councilmember Rosenstein, seconded by Councilmember Ebner, requested to reconsider the vote on Item No. 8-A. The motion was approved by the following vote:

Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Mayor Holbrook

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

Absent: None

8-A: ADOPTION OF AFFORDABLE HOUSING PRODUCTION PROGRAM ORDINANCE (Returned to Floor): Staff Report

The motion by Councilmember Genser, seconded by Councilmember Feinstein, to modify the definition of "Vacant Parcel" to read as follows: "Vacant Parcel. A parcel in a multifamily residential district which either has no residential structure located on it on the effective date of this ordinance, or which had a residential structure located on it which was subsequently demolished pursuant to a demolition order of the City;" amend the second sentence of Section 9.56.070(b) to read as follows: "The amount of the affordable housing fee that the multifamily project applicant must pay shall be based on the affordable housing base fee resolution in effect at the time that the application for the multifamily project is deemed complete, or based on the first resolution adopted pursuant to this subsection (b), whichever resolution is adopted later in time;" and introduce the ordinance for first reading, reading by title only and waiving further reading thereof, was returned to the floor.

Upon reconsideration, the motion failed by the following vote:

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

Noes: Councilmembers Ebner, Rosenstein, Greenberg, Mayor Holbrook

Absent: None

Motion by Councilmember Rosenstein, seconded by Councilmember Ebner, to adopt Ordinance No. 1918(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 9.56 TO THE SANTA MONICA MUNICIPAL CODE ESTABLISHING AN AFFORDABLE HOUSING PRODUCTION PROGRAM," 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, Mayor Holbrook

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

Absent: None

Motion by Councilmember Genser, seconded by Councilmember Rosenstein, to ask staff to return at the meeting of July 28, 1998, with amendments to this ordinance as follows: 1) modify the definition of "Vacant Parcel" to read as follows: "Vacant Parcel. A parcel in a multifamily residential district which either has no residential structure located on it on the effective date of this ordinance, or which had a residential structure located on it which was subsequently demolished pursuant to a demolition order of the City;" 2) amend the second sentence of Section 9.56.070(b) to read as follows: "The amount of the affordable housing fee that the multifamily project applicant must pay shall be based on the affordable housing base fee resolution in effect at the time that the application for the multifamily project is deemed complete, or based on the first resolution adopted pursuant to this subsection (b), whichever resolution is adopted later in time." The motion was approved by the following vote:

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

Noes: Councilmembers Ebner, Greenberg, Mayor Holbrook

Absent: None

9-E: PROVISION OF AFFORDABLE HOUSING TO LOW INCOME PERSONS: Presented was the staff report recommending adoption of a resolution calling for and giving notice of the holding of a special municipal election for the placement of a ballot measure adding Article XXI to the City Charter to provide for affordable housing to low income persons (Article 34). Staff Report

On order of the Mayor, the public hearing was opened. Members of the public Eric Parlee, Frank Schwengel, James Mount, Victor Ludwig, Kathy Weremiuk, Dan Ehrler, Don Gray, Jose Casillas, Doris Ganga, Judy Abdo, and Howard Jacobs spoke in support of placing a ballot measure adding Article XXI to the City Charter to provide for affordable housing to low income persons.

Members of the public Joey Fullmer and Brian Hutchings expressed their concerns. There being no other speakers, the Mayor closed the public hearing.

Motion by Councilmember Ebner, seconded by Councilmember Rosenstein, to adopt Resolution No. 9294(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1998, RELATED TO ADDING ARTICLE XXI TO THE CITY CHARTER CONCERNING PROVIDING AFFORDABLE HOUSING TO LOW INCOME PERSONS," amending the date set by the City Clerk for the filing of primary arguments from August 3, 1998, to August 4, 1998; and adopt Resolution No. 9298(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF SANTA MONICA TO BE HELD ON NOVEMBER 3, 1998, RELATED TO ADDING ARTICLE XXI TO THE CITY CHARTER, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO ELECTIONS CODE SECTION 10403," reading by title only and waiving further reading thereof.

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

Noes: None

Absent: None

Motion by Councilmember Genser, seconded by Councilmember Feinstein, that Mayor Holbrook and Mayor Pro Tem O'Connor be the signatories on the ballot argument in favor. The motion was unanimously approved by voice vote.

9-F: RESOLUTION ESTABLISHING AFFORDABLE HOUSING UNIT BASE FEES: Presented was the staff report recommendation adoption of a resolution establishing affordable housing unit base fees for new market rate apartment and condominium development. Staff Report

On order of the Mayor, the public hearing was opened. Members of the public Chris Harding spoke in support of the recommendations of staff and the consultant.

Members of the public Kevin McKeown and Michael Tarbet urged Council to defer action on this item until further information is gathered.

Member of the public Amy Tardif urged Council to make a decision that would prevent displacement of residents. There being no other speakers, the Mayor closed the public hearing.

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

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to direct staff to consider the comments that have been made this evening, and other comments that may be made by Councilmembers in the next few minutes, and return next week with a proposal about how an appropriate consultant can be sought (whether the current consultant or another), to transmit information to Council by which it can make a decision.

Substitute motion by Councilmember Ebner, seconded by Councilmember Greenberg, to adopt Resolution No. 9295(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING AFFORDABLE HOUSING UNIT BASE FEES FOR NEW MARKET RATE APARTMENT AND CONDOMINIUM DEVELOPMENT," reading by title only and waiving further reading thereof.

RECESS On order of the Mayor, the City Council recessed at 12:00 a.m., and reconvened at 12:06 a.m., with all members present.

Mayor Holbrook announced that the above recess was necessitated by a bomb threat received by the Police Department.

Motion by Councilmember Greenberg, duly seconded, to call the question. The motion was approved by the following vote.

Ayes: Councilmembers Greenberg, Rosenstein, Ebner, Mayor Holbrook

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

Absent: None

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to direct staff to examine the questions raised this evening, particularly those raised by Councilmember Genser regarding an analysis of the cost resulting from competition between market rate and affordable housing in a market with finite land resources. Such analysis would explore how the cost premium to build affordable housing might be offset by a development fee; and an analysis of a possible nexus associated with the fact that new market rate multifamily development sometimes includes demolition of affordable units.

Motion by Councilmember Feinstein, accepted as friendly, to amend the motion to direct staff to determine the cost of doing an additional study and return with a report and recommendation. The motion was approved by voice vote, Councilmember Ebner opposed.

WRITTEN COMMUNICATIONS

13-A: HISTORICAL SOCIETY MUSEUM: Presented was the request of Louise Gabriel, Santa Monica Historical Society Museum, to address Council regarding inaccurate statements made by Council members and the City Manager at a previous Council meeting, and the request to reconsider a $40,000 grant for a paid staff member for the museum. The information was received and filed.

COUNCILMEMBER DISCUSSION ITEMS:

14-A: BAYSIDE DISTRICT CORPORATION APPOINTMENT: Motion by Councilmember Rosenstein, seconded by Councilmember Genser, to continue the appointment to one unscheduled vacancy to August 11, 1998. The motion was unanimously approved by voice vote.

14-B: SOCIAL SERVICES COMMISSION APPOINTMENT: Motion by Councilmember Feinstein, seconded by Councilmember Genser, to continue the appointment to one unscheduled vacancy to August 11, 1998. The motion was unanimously approved by voice vote.

15: PUBLIC INPUT: Member of the public Frank Cannava expressed his concerns regarding various issues. Member of the public Brian Hutchings expressed his concern on various issues.

ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:43 a.m., to July 28, 1998, at 6:15 p.m.

ATTEST:

Maria M. Stewart

City Clerk

APPROVED:

Robert T. Holbrook

Mayor